Introduced Version






HOUSE BILL No. 1473

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 16-18-2; IC 16-41-9.5.

Synopsis: Biomonitoring program. Requires the state department of health to establish a biomonitoring program to identify and assess the concentration of toxic chemicals in the bodies of individuals. Establishes a biomonitoring advisory panel. Requires the state department of health to issue reports to the general assembly and post certain information on an Internet web site.

Effective: July 1, 2007.





Dvorak




    January 23, 2007, read first time and referred to Committee on Technology, Research and Development.







Introduced

First Regular Session 115th General Assembly (2007)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1473



    A BILL FOR AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 16-18-2-36.3; (07)IN1473.1.1. -->     SECTION 1. IC 16-18-2-36.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 36.3. "Biomonitoring", for purposes of IC 16-41-9.5, has the meaning set forth in IC 16-41-9.5-1.
SOURCE: IC 16-18-2-336.5; (07)IN1473.1.2. -->     SECTION 2. IC 16-18-2-336.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 336.5. "Specimen", for purposes of IC 16-41-9.5, has the meaning set forth in IC 16-41-9.5-2.
SOURCE: IC 16-41-9.5; (07)IN1473.1.3. -->     SECTION 3. IC 16-41-9.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]:
     Chapter 9.5. Biomonitoring Program
    Sec. 1. As used in this chapter, "biomonitoring" means identifying and assessing the concentration of toxic chemicals and their metabolites in an individual's body to determine the accumulation of pollutants in the individual.
    Sec. 2. As used in this chapter, "specimen" means a sample of a substance that is part of or present in the human body, including blood, bone, umbilical cord blood, meconium, fat, hair, milk, saliva, and urine.
    Sec. 3. (a) The state department, with assistance from the department of environmental management and the federal Centers for Disease Control and Prevention, shall establish a biomonitoring program to gather specimens to identify and assess the concentration of toxic chemicals in individuals.
    (b) The biomonitoring program must include the gathering of specimens from individuals from certain populations, which may be selected for inclusion in the program based on any or all of the following:
        (1) Geography.
        (2) Similar occupations.
        (3) A common chemical exposure.
        (4) A common health outcome that may be linked to chemical exposure.
        (5) Possible similar chemical exposures because of comparable consumption, lifestyle, or product preferences.
        (6) Other factors determined by the state department.
    (c) The state department shall develop a list of toxic chemicals that have been scientifically demonstrated to cause or contribute to an increase in serious illness or death in humans.
    Sec. 4. The state department, with assistance from the department of homeland security, the federal Department of Homeland Security, and the federal Centers for Disease Control and Prevention, shall include in the biomonitoring program established under this chapter components that will assist in monitoring for and responding to chemical or biological attacks.
    Sec. 5. Individuals who participate in the biomonitoring program established under this chapter must:
        (1) volunteer to participate; and
        (2) if necessary, receive consultation from the state department or a health care provider, including consultation concerning:
            (A) test results;
            (B) health care referrals;
            (C) appropriate educational materials concerning chemical exposure; and
            (D) available state and local resources.
    Sec. 6. (a) The biomonitoring advisory panel is established. The

panel consists of the following:
        (1) Eight (8) members appointed for a three (3) year term by the governor.
        (2) The state health commissioner or the commissioner's designee, who is not a voting member of the panel.
    (b) The members appointed under subsection (a)(1) must include individuals who have expertise in public health, environmental science, environmental health, epidemiology, biology, toxicology, and endocrinology. At least three (3) members appointed under subsection (a)(1) must be physicians.
    (c) The commissioner or the commissioner's designee shall serve as chairperson of the panel. The state department and the department of environmental management shall provide staff support for the panel. The panel shall meet at the call of the chairperson, but not less than two (2) times per year.
    (d) The panel shall do the following:
        (1) Make recommendations concerning the design of the biomonitoring program.
        (2) Review program priorities, protocols, reports, and outreach materials, including the following:
            (A) The selection of certain chemicals and communities as priorities for biomonitoring.
            (B) The dissemination of findings and reports to participants, the general assembly, and the public.
    (e) A member of the panel appointed under subsection (a)(1) is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b) but is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
    Sec. 7. (a) In January of every odd-numbered year, beginning in 2011, the state department shall submit to the general assembly in an electronic format under IC 5-14-6 a report of its activities in conducting the biomonitoring program under this chapter. The report must include any recommendations of the state department or the biomonitoring advisory panel to improve the program under this chapter.
    (b) The state department shall maintain an Internet web site that contains:
        (1) the reports required under subsection (a);


        (2) summaries of all health and toxic chemical exposure data collected under this chapter; and
        (3) an explanation of the biomonitoring program and its purposes.
    Sec. 8. Information that is gathered or produced by the biomonitoring program and that could identify an individual is confidential for purposes of IC 5-14-3-4(a)(1) unless the individual consents in writing to the release of the information.
    Sec. 9. The state department may adopt rules under IC 4-22-2 to administer this chapter.

SOURCE: ; (07)IN1473.1.4. -->     SECTION 4. [EFFECTIVE JULY 1, 2007] (a) The governor shall appoint the eight (8) members of the biomonitoring advisory panel under IC 16-41-9.5-6(a), as added by this act, before July 1, 2008. Notwithstanding IC 16-41-9.5-6, as added by this act, the appointments under this SECTION must be as follows:
        (1) Two (2) members whose terms expire July 1, 2009.
        (2) Three (3) members whose terms expire July 1, 2010.
        (3) Three (3) members whose terms expire July 1, 2011.
In making the appointments under this SECTION, the governor shall indicate whether each appointee is appointed under subdivision (1), (2), or (3).
    (b) While establishing the biomonitoring program under IC 16-41-9.5, as added by this act, the state department of health shall consider the scientific methods used by the federal Centers for Disease Control and Prevention's National Reports on Human Exposure to Environmental Chemicals.
    (c) This SECTION expires July 1, 2011.