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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that
adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles
conflicts between statutes enacted by the 2007 Regular Session of the General Assembly.
AN ACT to amend the Indiana Code concerning health and professions and
occupations.
Be it enacted by the General Assembly of the State of Indiana:
governor is commander-in-chief of the organized and unorganized
militia and of all other forces available for emergency duty. To the
greatest extent practicable, the governor shall delegate or assign
command authority by prior arrangement embodied in appropriate
executive orders or regulations. This section does not restrict the
governor's authority to delegate or assign command authority by orders
issued at the time of the disaster emergency.
(d) In addition to the governor's other powers, the governor may do
the following while the state of emergency exists:
(1) Suspend the provisions of any regulatory statute prescribing
the procedures for conduct of state business, or the orders, rules,
or regulations of any state agency if strict compliance with any of
these provisions would in any way prevent, hinder, or delay
necessary action in coping with the emergency.
(2) Use all available resources of the state government and of
each political subdivision of the state reasonably necessary to
cope with the disaster emergency.
(3) Transfer the direction, personnel, or functions of state
departments and agencies or units for performing or facilitating
emergency services.
(4) Subject to any applicable requirements for compensation
under section 31 of this chapter, commandeer or use any private
property if the governor finds this action necessary to cope with
the disaster emergency.
(5) Assist in the evacuation of all or part of the population from
any stricken or threatened area in Indiana if the governor
considers this action necessary for the preservation of life or other
disaster mitigation, response, or recovery.
(6) Prescribe routes, modes of transportation, and destinations in
connection with evacuation.
(7) Control ingress to and egress from a disaster area, the
movement of persons within the area, and the occupancy of
premises in the area.
(8) Suspend or limit the sale, dispensing, or transportation of
alcoholic beverages, firearms, explosives, and combustibles.
(9) Make provision for the availability and use of temporary
emergency housing.
(10) Allow persons who:
(A) are registered as volunteer health practitioners by an
approved registration system under IC 10-14-3.5; or
(B) hold a license to practice medicine, dentistry, pharmacy,
nursing, engineering, veterinary medicine, mortuary
service, and similar other professions as may be specified by
the governor to practice their respective profession in Indiana
during the period of the state of emergency if the state in
which a person's license was issued has a mutual aid compact
for emergency management with Indiana.
(11) Give specific authority to allocate drugs, foodstuffs, and
other essential materials and services.
SECTION 3. IC 10-14-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]:
Chapter 3.5. Uniform Emergency Volunteer Health
Practitioners Act
Sec. 1. As used in this chapter, "disaster relief organization"
means an entity that provides emergency or disaster relief services
that include health or veterinary services provided by volunteer
health practitioners and:
(1) is designated or recognized as a provider of the services
under a disaster response and recovery plan adopted by an
agency of the federal government or the state emergency
management agency; or
(2) regularly plans and conducts the entity's activities in
coordination with an agency of the federal government or the
state emergency management agency.
Sec. 2. As used in this chapter, "emergency" means an event or
condition that is an emergency, a disaster, or a public health
emergency under this article.
Sec. 3. As used in this chapter, "emergency declaration" means
a declaration of emergency issued by a person authorized to do so
under state or local laws of Indiana.
Sec. 4. As used in this chapter, "Emergency Management
Assistance Compact" means the federal interstate compact under
P.L.104-321, 110 Stat. 3877.
Sec. 5. As used in this chapter, "entity" means a person other
than an individual.
Sec. 6. As used in this chapter, "health facility" means an entity
licensed under the laws of Indiana or another state to provide
health or veterinary services.
Sec. 7. As used in this chapter, "health practitioner" means an
individual licensed under the laws of Indiana or another state to
provide health or veterinary services.
Sec. 8. As used in this chapter, "health services" means the
provision of treatment, care, advice, guidance, or other services or
supplies related to the health or death of individuals or human
populations to the extent necessary to respond to an emergency,
including:
(1) with respect to the physical or mental condition or
functional status of an individual or the structure or function
of the body:
(A) preventive, diagnostic, therapeutic, rehabilitative,
maintenance, or palliative care; and
(B) counseling, assessment, procedures, or other services;
(2) the sale or dispensing of a drug, a device, equipment, or
another item to an individual in accordance with a
prescription; and
(3) funeral, cremation, cemetery, or other mortuary services.
Sec. 9. As used in this chapter, "host entity" means an entity
operating in Indiana that uses volunteer health practitioners to
respond to an emergency.
Sec. 10. (a) As used in this chapter, "license" means
authorization by a state to engage in health or veterinary services
that are unlawful without the authorization.
(b) The term includes authorization under Indiana law to an
individual to provide health or veterinary services based upon a
national certification issued by a public or private entity.
Sec. 11. As used in this chapter, "person" means an individual,
a corporation, a business trust, a trust, a partnership, a limited
liability company, an association, a joint venture, a public
corporation, a government or governmental subdivision, an
agency, an instrumentality, or another legal or commercial entity.
Sec. 12. As used in this chapter, "scope of practice" means the
extent of the authorization to provide health or veterinary services
granted to a health practitioner by a license issued to the
practitioner in the state in which the principal part of the
practitioner's services are rendered, including conditions imposed
by the licensing authority.
Sec. 13. As used in this chapter, "state" means a state of the
United States, the District of Columbia, Puerto Rico, the United
States Virgin Islands, or a territory or an insular possession
subject to the jurisdiction of the United States.
Sec. 14. As used in this chapter, "veterinary services" means the
provision of treatment, care, advice, guidance, or other services or
supplies related to the health or death of an animal or to animal
populations to the extent necessary to respond to an emergency,
including:
(1) diagnosis, treatment, or prevention of an animal disease,
injury, or other physical or mental condition by the
prescription, administration, or dispensing of vaccine,
medicine, surgery, or therapy;
(2) use of a procedure for reproductive management; and
(3) monitoring and treatment of animal populations for
diseases that have spread or demonstrate the potential to
spread to humans.
Sec. 15. (a) As used in this chapter, "volunteer health
practitioner" means a health practitioner who provides health or
veterinary services, whether or not the practitioner receives
compensation for those services.
(b) The term does not include a practitioner who receives
compensation under a preexisting employment relationship with a
host entity or affiliate that requires the practitioner to provide
health services in Indiana, unless the practitioner is not a resident
of Indiana and is employed by a disaster relief organization
providing services in Indiana while an emergency declaration is in
effect.
Sec. 16. This chapter applies to volunteer health practitioners
who:
(1) are registered with a registration system that complies
with section 18 of this chapter; and
(2) provide health or veterinary services in Indiana for a host
entity while an emergency declaration is in effect.
Sec. 17. (a) While an emergency declaration is in effect, the state
emergency management agency may limit, restrict, or otherwise
regulate:
(1) the duration of practice by volunteer health practitioners;
(2) the geographical areas in which volunteer health
practitioners may practice;
(3) the types of volunteer health practitioners who may
practice; and
(4) any other matters necessary to coordinate effectively the
provision of health or veterinary services during the
emergency.
(b) An order issued under subsection (a) may take effect
immediately, without prior notice or comment, and is not a rule
within the meaning of IC 4-22-2.
(c) A host entity that uses volunteer health practitioners to
provide health or veterinary services in Indiana shall:
(1) consult and coordinate the host entity's activities with the
state emergency management agency to the extent practicable
to provide for the efficient and effective use of volunteer
health practitioners; and
(2) comply with any laws other than this chapter relating to
the management of emergency health or veterinary services,
including this article.
Sec. 18. (a) To qualify as a volunteer health practitioner
registration system, a system must:
(1) accept applications for the registration of volunteer health
practitioners before or during an emergency;
(2) include information about the licensure and good standing
of health practitioners that is accessible by authorized
persons;
(3) be capable of confirming the accuracy of information
concerning whether a health practitioner is licensed and in
good standing before health services or veterinary services
are provided under this chapter; and
(4) meet one (1) of the following conditions:
(A) Be an emergency system for advance registration of
volunteer health practitioners established by a state and
funded through the Health Resources Services
Administration under section 319I of the federal Public
Health Services Act, 42 U.S.C. 247d-7b.
(B) Be a local unit consisting of trained and equipped
emergency response, public health, and medical personnel
formed under section 2801 of the federal Public Health
Services Act, 42 U.S.C. 300hh.
(C) Be operated by a:
(i) disaster relief organization;
(ii) licensing board;
(iii) national or regional association of licensing boards
or health practitioners;
(iv) health facility that provides comprehensive inpatient
and outpatient health care services, including a tertiary
care and teaching hospital; or
(v) governmental entity.
(D) Be designated by the state emergency management
agency as a registration system for purposes of this
chapter.
(b) While an emergency declaration is in effect, the state
emergency management agency, a person authorized to act on
behalf of the state emergency management agency, or a host entity
may confirm whether volunteer health practitioners used in
Indiana are registered with a registration system that complies
with subsection (a). Confirmation is limited to obtaining identities
of the practitioners from the system and determining whether the
system indicates that the practitioners are licensed and in good
standing.
(c) Upon request of a person in Indiana authorized under
subsection (b), or a similarly authorized person in another state, a
registration system located in Indiana shall notify the person of the
identities of volunteer health practitioners and whether the
practitioners are licensed and in good standing.
(d) A host entity is not required to use the services of a volunteer
health practitioner even if the practitioner is registered with a
registration system that indicates that the practitioner is licensed
and in good standing.
Sec. 19. (a) While an emergency declaration is in effect, a
volunteer health practitioner, registered with a registration system
that complies with section 18 of this chapter and licensed and in
good standing in the state upon which the practitioner's
registration is based, may practice in Indiana to the extent
authorized by this chapter as if the practitioner were licensed in
Indiana.
(b) A volunteer health practitioner qualified under subsection
(a) is not entitled to the protections of this chapter if the
practitioner is licensed in more than one (1) state and any license
of the practitioner is suspended, revoked, or subject to an agency
order limiting or restricting practice privileges or has been
voluntarily terminated under threat of sanction.
Sec. 20. (a) As used in this section:
(1) "credentialing" means obtaining, verifying, and assessing
the qualifications of a health practitioner to provide
treatment, care, or services in or for a health facility; and
(2) "privileging" means the authorizing by an appropriate
authority, such as a governing body, of a health practitioner
to provide specific treatment, care, or services at a health
facility subject to limits based on factors that include license,
education, training, experience, competence, health status,
and specialized skill.
(b) This chapter does not affect credentialing or privileging
standards of a health facility and does not preclude a health facility
from waiving or modifying those standards while an emergency
declaration is in effect.
Sec. 21. (a) Subject to subsections (b) and (c), a volunteer health
practitioner shall adhere to the scope of practice for a similarly
licensed practitioner established by the licensing provisions,
practice acts, or other laws of Indiana.
(b) Except as provided in subsection (c), this chapter does not
authorize a volunteer health practitioner to provide services that
are outside the practitioner's scope of practice, even if a similarly
licensed practitioner in Indiana would be permitted to provide the
services.
(c) The state emergency management agency may modify or
restrict the health or veterinary services that volunteer health
practitioners may provide under this chapter. An order under this
subsection may take effect immediately, without prior notice or
comment, and is not a rule within the meaning of IC 4-22-2.
(d) A host entity may restrict the health or veterinary services
that a volunteer health practitioner may provide under this
chapter.
(e) A volunteer health practitioner does not engage in
unauthorized practice unless the practitioner has reason to know
of a limitation, modification, or restriction under this section or
that a similarly licensed practitioner in Indiana would not be
permitted to provide the services. A volunteer health practitioner
has reason to know of a limitation, modification, or restriction or
that a similarly licensed practitioner in Indiana would not be
permitted to provide a service if:
(1) the practitioner knows the limitation, modification, or
restriction exists or that a similarly licensed practitioner in
Indiana would not be permitted to provide the service; or
(2) from all the facts and circumstances known to the
practitioner at the relevant time, a reasonable person would
conclude that the limitation, modification, or restriction exists
or that a similarly licensed practitioner in Indiana would not
be permitted to provide the service.
(f) In addition to the authority granted by laws of Indiana other
than this chapter to regulate the conduct of health practitioners, a
licensing board or other disciplinary authority in Indiana:
(1) may impose administrative sanctions upon a health
practitioner licensed in Indiana for conduct outside of Indiana
in response to an out-of-state emergency;
(2) may impose administrative sanctions upon a practitioner
not licensed in Indiana for conduct in Indiana in response to
an in-state emergency; and
(3) shall report any administrative sanctions imposed upon a
practitioner licensed in another state to the appropriate
licensing board or other disciplinary authority in any other
state in which the practitioner is known to be licensed.
(g) In determining whether to impose administrative sanctions
under subsection (f), a licensing board or other disciplinary
authority shall consider the circumstances in which the conduct
took place, including any exigent circumstances, and the
practitioner's scope of practice, education, training, experience,
and specialized skill.
Sec. 22. (a) This chapter does not limit the rights, privileges, or
immunities provided to volunteer health practitioners by laws
other than this chapter. Except as provided in subsection (b), this
chapter does not affect requirements for the use of health
practitioners under the Emergency Management Assistance
Compact.
(b) The state emergency management agency, under the
Emergency Management Assistance Compact or the Interstate
Emergency Management and Disaster Compact, may incorporate
into the emergency forces of Indiana volunteer health practitioners
who are not officers or employees of Indiana, a political
subdivision of Indiana, or a municipality or other local government
within Indiana.
Sec. 23. The state emergency management agency may adopt
rules under IC 4-22-2 to implement this chapter. In doing so, the
state emergency management agency shall consult with and
consider the recommendations of the entity established to
coordinate the implementation of the Emergency Management
Assistance Compact or the Interstate Emergency Management and
Disaster Compact and shall also consult with and consider rules
adopted by similarly empowered agencies in other states to
promote uniformity of application of this chapter and make the
emergency response systems in the various states reasonably
compatible.
collected and donated.
(b) The nonprofit corporation shall:
(1) update the material described in subsection (a); and
(2) distribute the material to the following persons that treat
pregnant women:
(A) Physicians licensed under IC 25-22.5.
(B) Participating hospitals.
(C) Ambulatory surgical centers.
(D) Health clinics.
(E) Maternity homes registered under IC 16-26-1.
(F) Nurse midwives licensed under IC 25-23-1-13.1.
Sec. 5. The nonprofit corporation shall develop a process for
physicians, nurse midwives, birthing centers, and participating
hospitals to inform eligible candidates of the opportunity to make
postnatal donations to the public umbilical cord blood bank
following delivery of a newborn infant.
Sec. 6. The nonprofit corporation that establishes the initiative
described in this chapter must meet all the requirements and
responsibilities set forth in IC 23-17.
Sec. 7. (a) Any intellectual property developed by the nonprofit
corporation establishing the initiative under this chapter is the
property of the nonprofit corporation. A donor must consent to
release to the public umbilical cord blood bank any property right
related to the postnatal donation, including any claim of
intellectual property rights derived from the postnatal donation.
(b) The entire right, title, and interest in and to any intellectual
property derived from a postnatal donation transfers with the
postnatal tissue and postnatal fluid after the postnatal donation is
allocated by the public umbilical cord blood bank for research
purposes.
SECTION 8. IC 16-18-2-36.5, AS ADDED BY P.L.96-2005,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 36.5. (a) "Birthing center", for purposes of
IC 16-21-2 and IC 16-21-7.5, means a freestanding entity that has the
sole purpose of delivering a normal or uncomplicated pregnancy.
(b) The term does not include a hospital that is licensed as a hospital
under IC 16-21-2.
SECTION 9. IC 16-20-1-14, AS AMENDED BY P.L.121-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 14. (a) Local health officers may appoint and
employ public health nurses, environmental health specialists,
computer programmers, clerks, other personnel, and an administrator
of public health, subject to the confirmation of the local board of
health, as is necessary and reasonable to carry out and perform the
duties of the local health department.
(b) Except as provided in subsection (d), the employees of local
health departments shall perform any of the duties of the health officer
delegated by the health officer, with the approval of the local board of
health, on the basis of an agent-principal relation.
(c) The public health personnel of local health departments:
(1) must meet the minimum qualification requirements of the
local board of health;
(2) by local ordinance, become part of the county classification
system for the respective public health personnel positions; and
(3) shall perform additional duties prescribed by the rules of the
state department and local board of health under the general
supervision of the local health officer.
(d) If an appointee or employee of a local health officer is not a
licensed water well driller under IC 25-39-3, the appointee or employee
may not inspect the drilling of a water well.
(e) After a dentist licensed under IC 25-14 who is employed by a
local health department examines a child enrolled in any grade up to
and including grade 12 and prescribes a treatment plan in writing for
the child, a licensed dental hygienist employed by the local health
department may, without supervision by the dentist, provide the child
with the following treatment in accordance with the treatment plan:
(1) Prophylaxis.
(2) Fluoride application.
(3) Sealants.
However, the treatment must be completed not more than ninety (90)
days after the dentist prescribes the treatment plan. This subsection
expires June 30, 2009.
SECTION 10. IC 16-21-7.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]:
Chapter 7.5. Hospital and Birthing Center Requirement
Regarding Umbilical Cord Blood Donation
Sec. 1. As used in this chapter, "postnatal donation" has the
meaning set forth in IC 12-31-1-2.
Sec. 2. Before a hospital or birthing center participates in
collecting donations for the public umbilical cord blood bank
established under IC 12-31-1-3(a), the hospital or birthing center
shall enter into a written agreement with the public umbilical cord
blood bank establishing the:
(1) conditions of the hospital's or birthing center's
participation; and
(2) obligations of the hospital or birthing center;
in the umbilical cord blood donation initiative established under
IC 12-31-2-2.
Sec. 3. (a) Except as provided in section 4 of this chapter, a
participating hospital or birthing center licensed under this article
must offer a patient who delivers a newborn infant at the
participating hospital or birthing center the option of making a
postnatal donation following delivery of the newborn infant.
(b) A patient may not be charged for the collection or storage of
a donation or for a donation to the public umbilical cord blood
bank established under IC 12-31-1-3(a).
Sec. 4. (a) A participating hospital or birthing center is not
required to collect a postnatal donation if either of the following
applies:
(1) In the professional judgment of a physician licensed under
IC 25-22.5 or a nurse midwife licensed under IC 25-23-1-13.1,
the collection would threaten the health of the mother or the
infant.
(2) The postnatal donation is contrary to the moral principles
or beliefs of the religious denomination with which the
participating hospital or birthing center is affiliated.
(b) An employee of a participating hospital or birthing center is
not required to collect a postnatal donation if the postnatal
donation is contrary to the religious principles or beliefs of the
employee.
Sec. 5. A participating hospital or birthing center shall
cooperate with the nonprofit corporation (as defined in
IC 12-31-1-1) in accomplishing the public health goal of
maximizing postnatal donations.
Sec. 6. A hospital or birthing center is not required to enter into
an agreement with the public umbilical cord blood bank and may
enter into contracts concerning postnatal tissue and postnatal
fluids with any person.
SECTION 11. IC 16-22-8-34, AS AMENDED BY P.L.121-2007,
SECTION 2, AS AMENDED BY P.L.194-2007, SECTION 4, AND
AS AMENDED BY P.L.215-2007, SECTION 2, IS CORRECTED
AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2008]: Sec. 34. (a) The board or corporation may do all acts necessary
or reasonably incident to carrying out the purposes of this chapter,
including the following:
(1) As a municipal corporation, sue and be sued in any court with
jurisdiction.
(2) To serve as the exclusive local board of health and local
department of health within the county with the powers and duties
conferred by law upon local boards of health and local
departments of health.
(3) To adopt and enforce ordinances consistent with Indiana law
and administrative rules for the following purposes:
(A) To protect property owned or managed by the corporation.
(B) To determine, prevent, and abate public health nuisances.
(C) To establish isolation and quarantine regulations impose
restrictions on persons having infectious or contagious
diseases and contacts of the persons, and regulate the
disinfection of premises. in accordance with IC 16-41-9.
(D) To license, regulate, and establish minimum sanitary
standards for the operation of a business handling, producing,
processing, preparing, manufacturing, packing, storing,
selling, distributing, or transporting articles used for food,
drink, confectionery, or condiment in the interest of the public
health.
(E) To control:
(i) rodents, mosquitos, and other animals, including insects,
capable of transmitting microorganisms and disease to
humans and other animals; and
(ii) the animals' breeding places.
(F) To require persons to connect to available sewer systems
and to regulate the disposal of domestic or sanitary sewage by
private methods. However, the board and corporation have no
jurisdiction over publicly owned or financed sewer systems or
sanitation and disposal plants.
(G) To control rabies.
(H) For the sanitary regulation of water supplies for domestic
use.
(I) To protect, promote, or improve public health. For public
health activities and to enforce public health laws, the state
health data center described in IC 16-19-10 shall provide
health data, medical information, and epidemiological
information to the corporation.
grants.
(16) (17) To receive and distribute grants from charitable
foundations.
(17) (18) To establish nonprofit corporations and enter into
partnerships and joint ventures to carry out the purposes of the
corporation. This subdivision does not authorize the merger of the
corporation with a hospital licensed under IC 16-21.
(18) (19) To erect, improve, remodel, or repair corporation
buildings. or structures or improvements to existing buildings or
structures.
(19) (20) To determine matters of policy regarding internal
organization and operating procedures.
(20) (21) To do the following:
(A) Adopt a schedule of reasonable charges for nonresidents
of the county for medical and mental health services.
(B) Collect the charges from the patient, the patient's
insurance company, or from the governmental unit where the
patient resided at the time of the service. a government
program.
(C) Require security for the payment of the charges.
(21) (22) To adopt a schedule of and to collect reasonable charges
for patients able to pay in full or in part. medical and mental
health services.
(22) (23) To enforce Indiana laws, administrative rules,
ordinances, and the code of the health and hospital corporation of
the county.
(23) (24) To purchase supplies, materials, and equipment. for the
corporation.
(24) (25) To employ personnel and establish personnel policies.
to carry out the duties, functions, and powers of the corporation.
(25) (26) To employ attorneys admitted to practice law in Indiana.
(26) (27) To acquire, erect, equip, and operate the corporation's
hospitals, medical facilities, and mental health facilities.
(27) (28) To dispose of surplus property in accordance with a
policy by the board.
(28) (29) To determine the duties of officers and division
directors.
(29) (30) To fix the compensation of the officers and division
directors.
(30) (31) To carry out the purposes and object of the corporation.
(31) (32) To obtain loans for hospital expenses in amounts and
upon terms agreeable to the board. The board may secure the
loans by pledging accounts receivable or other security in hospital
funds.
(32) (33) To establish fees for licenses, services, and records. The
corporation may accept payment by credit card for fees.
IC 5-14-3-8(d) does not apply to fees established under this
subdivision for certificates of birth, death, or stillbirth
registration.
(33) (34) To use levied taxes or other funds to make
intergovernmental transfers to the state to fund governmental
health care programs, including Medicaid and Medicaid
supplemental programs.
(b) The board shall exercise the board's powers and duties in a
manner consistent with Indiana law, administrative rules, and the code
of the health and hospital corporation of the county.
(c) After a dentist licensed under IC 25-14 who is employed by a
local health department or the health and hospital corporation
examines a child enrolled in any grade up to and including grade 12
and prescribes a treatment plan in writing for the child, a licensed
dental hygienist employed by the local health department or the health
and hospital corporation may, without supervision by the dentist,
provide the child with the following treatment in accordance with the
treatment plan:
(1) Prophylaxis.
(2) Fluoride application.
(3) Sealants.
However, the treatment must be completed not more than ninety (90)
days after the dentist prescribes the treatment plan. This subsection
expires June 30, 2009.
SECTION 12. IC 16-27-2-5, AS AMENDED BY P.L.197-2007,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) Except as provided in subsection (b), a
person who operates a home health agency under IC 16-27-1 or a
personal services agency under IC 16-27-4 may not employ a person to
provide services in a patient's or client's temporary or permanent
residence if a determination of that person's limited criminal history
check or national criminal history background check indicates that the
person has been convicted of any of the following:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Exploitation of an endangered adult (IC 35-46-1-12).
equivalent to those specified in this chapter for a license to
practice acupuncture;
(2) meets the requirements of section 1(1) through 1(4) of this
chapter; and
(3) shows to the satisfaction of the board that the applicant
has:
(A) successfully completed a clean needle technique course
substantially equivalent to a clean needle technique course
approved by a national acupuncture association approved
by the board;
(B) successfully completed a three (3) year postsecondary
training program or acupuncture college program that
meets the standards substantially equivalent to the
standards for a three (3) year postsecondary training
program or acupuncture college program approved by a
national acupuncture association approved by the board;
and
(C) passed an examination substantially equivalent to the
examination required by a national acupuncture
association approved by the board.
(b) An applicant may, upon the payment of a fee established by the
board, be granted a professional's license to practice acupuncture if the
applicant submits satisfactory evidence to the board that the applicant
is a:
(1) chiropractor licensed under IC 25-10;
(2) dentist licensed under IC 25-14; or
(3) podiatrist licensed under IC 25-29;
with at least two hundred (200) hours of acupuncture training.
(c) The board shall:
(1) compile, at least once every two (2) years, a list of courses and
institutions that provide training approved for the purpose of
qualifying an individual for a professional's license under
subsection (b); and
(2) adopt rules that set forth procedures for the case by case
approval of training under subsection (b).
(d) If an individual's license described in subsection (b)(1), (b)(2),
or (b)(3) is subject to any restrictions as the result of disciplinary action
taken against the individual by the board that regulates the individual's
profession, the same restrictions shall be applied to the individual's
professional's license to practice acupuncture.
(e) An individual's professional's license issued under subsection (b)
shall be suspended if the individual's license described under
subsection (b)(1), (b)(2), or (b)(3) is suspended.
(f) An individual's professional's license issued under subsection (b)
shall be revoked if the individual's license described under subsection
(b)(1), (b)(2), or (b)(3) is revoked.
(g) The practice of acupuncture by an individual issued a
professional's license under subsection (b) is limited to the scope of
practice of the individual's license described in subsection (b)(1),
(b)(2), or (b)(3).
SECTION 18. IC 25-2.5-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 3. (a) Subject to section
1 of this chapter, it is unlawful to practice acupuncture without a
license issued under this article.
(b) Subject to subsection (c), it is unlawful for a licensed
acupuncturist, other than a chiropractor licensed under IC 25-10,
podiatrist licensed under IC 25-29, or dentist licensed under IC 25-14,
to practice acupuncture on a patient unless the acupuncturist obtains:
(1) a written letter of referral; and
(2) either:
(A) a written diagnosis of the patient; or
(B) written documentation relating to the condition for which
the patient receives acupuncture;
from an individual licensed under IC 25-22.5 within the twelve (12)
months immediately preceding the date of acupuncture treatment.
(c) An acupuncturist licensed under this article may practice
auricular acupuncture on a patient for the purpose of treating
alcoholism, substance abuse, or chemical dependency without a written
letter of referral or written diagnosis from a physician licensed under
IC 25-22.5.
(d) (b) If a licensed acupuncturist practices acupuncture on a patient
after having obtained a written letter of referral or written diagnosis of
the patient from a physician licensed under IC 25-22.5, as described in
subsection (b), the physician is immune from civil liability relating to
the patient's or acupuncturist's use of that diagnosis or referral except
for acts or omissions of the physician that amount to gross negligence
or willful or wanton misconduct.
SECTION 19. IC 25-13-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2. As used in this
article:
(a) "Dental hygienist" means one who is especially educated and
trained in the science and art of maintaining the dental health of the
individual or community through prophylactic or preventive measures
applied to the teeth and adjacent structures.
(b) "License" means the license to practice dental hygiene issued by
the state board of dentistry to dental hygienist candidates who
satisfactorily pass the board's examinations.
(c) "Board" means the state board of dentistry established by
IC 25-14-1.
(d) "Proprietor dentist" means a licensed dentist who is the owner
and operator of the dental office in which he practices the profession
of dentistry and who employs at least one (1) dentist or dental hygienist
to supplement his operation and conduct of his dental office.
(e) "Employer dentist" means a proprietor dentist who employs at
least one (1) dental hygienist to supplement his dental service to his
clientele.
(f) "Referral" means a recommendation that a patient seek further
dental care from a licensed dentist, but not a specific dentist.
(g) "Screening" means to identify and assess the health of the hard
or soft tissues of the human oral cavity.
(h) "Public health setting" means a location, including a mobile
health care vehicle, where the public is invited for health care,
information, and services by a program sponsored or endorsed by a
governmental entity or charitable organization.
(i) "Direct supervision" means that a licensed dentist is
physically present in the facility when patient care is provided by
the dental hygienist.
(j) "Prescriptive supervision" means that a licensed dentist is
not required to be physically present in the facility when patient
care is provided by the dental hygienist if a licensed dentist has
examined the patient and has prescribed the patient care within the
previous forty-five (45) days.
SECTION 20. IC 25-13-1-10, AS AMENDED BY P.L.121-2007,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 10. (a) A licensed dental hygienist may be
employed to practice dental hygiene in Indiana in the following:
(1) The A dental office or clinical setting, except as described
in subdivisions (3) through (5), where the dental hygienist is
practicing under the direct supervision of a legally practicing
proprietor dentist.
(2) A dental school or dental hygiene school to teach and
demonstrate the practice of dental hygiene if direct supervision
by a licensed dentist is provided for training on providing
local anesthetics by injection.
(3) The dental clinic of any public, parochial, or private school or
other institution supported by public or private funds in which the
licensee is employed by the state department of health or any
county or city board of health or board of education or school
trustee or parochial authority or the governing body of any private
school However, institutional practice, other than dental hygiene
instruction and dental prophylaxis for children up to and
including grade 12 pupils at all times must be where the dental
hygienist is practicing under the direct or prescriptive
supervision of a licensed dentist.
(4) The dental clinic of a bona fide hospital, sanitarium, or
eleemosynary charitable institution duly established and being
operated under the laws of Indiana in which the licensee is
employed by the directors or governing board of such hospital,
sanitarium, or institution. However, such practice must be under
the direct or prescriptive supervision at all times of a licensed
dentist who is a staff member of the hospital or sanitarium or a
member of the governing board of the institution.
(5) The A:
(A) fixed charitable dental care clinic; of an industrial or a
commercial establishment in which the licensee's services are
(B) public health setting; or
(C) correctional institution;
that has been approved by the board and where the dental
hygienist is under the direct or prescriptive supervision of a
licensed dentist.
(b) A licensed dental hygienist may provide without supervision the
following:
(1) Dental hygiene instruction and in-service training without
restriction on location.
(2) Dental prophylaxis for children up to and including grade 12
if the dental hygienist is employed by any of the following:
(A) The state department of health.
(B) The department of education.
(C) The elementary or secondary school where the services are
provided.
(3) (2) Screening and referrals for any person in a public health
setting.
(4) Services as provided in IC 16-20-1-14 and IC 16-22-8-34.
SECTION 21. IC 25-13-1-10.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 10.6. (a) A licensed dental
hygienist may administer local dental anesthetics under the direct
supervision of a licensed dentist if the dental hygienist has:
(1) completed board approved educational requirements,
including cardiopulmonary resuscitation and emergency care
training; and
(2) received a board issued dental hygiene anesthetic permit.
(b) Local dental anesthetics do not include nitrous oxide or
similar anesthetics.
SECTION 22. IC 25-13-1-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 11. A person is deemed
to be practicing dental hygiene within the meaning of this chapter who:
(1) uses the titles "Licensed Dental Hygienist", "Dental
Hygienist", or the letters "L.D.H." or "D.H." in connection with
his or her name;
(2) holds himself or herself out to the public in any manner that
he or she can or will render services as a dental hygienist;
(3) removes calcific deposits or accretions from the surfaces of
human teeth or cleans or polishes such teeth;
(4) applies and uses within the patient's mouth such antiseptic
sprays, washes, or medicaments for the control or prevention of
dental caries as his or her employer dentist may direct;
(5) treats gum disease; or
(6) uses impressions and x-ray photographs for treatment
purposes; or
(7) administers local dental anesthetics, except for the
administration of local dental anesthetics by:
(A) a dentist as provided in IC 25-14-1-23(a)(6); or
(B) a physician licensed under IC 25-22.5.
SECTION 23. IC 25-14-1-1.5, AS AMENDED BY P.L.1-2006,
SECTION 430, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 1.5. As used in this article:
"Agency" refers to the Indiana professional licensing agency
established by IC 25-1-5-3.
"Board" refers to the state board of dentistry established under this
chapter.
"Deep sedation" means a controlled state of depressed
consciousness, accompanied by partial loss of protective reflexes,
including inability to respond purposefully to verbal command,
produced by a pharmacologic method.
mouth and delivers the resulting product to any person other than the
duly licensed dentist upon whose written work authorization the work
was performed. A written work authorization shall include the
following:
(1) The name and address of the dental laboratory to which it is
directed.
(2) The case identification.
(3) A specification of the materials to be used.
(4) A description of the work to be done and, if necessary,
diagrams thereof.
(5) The date of issuance of the authorization.
(6) The signature and address of the licensed dentist or other
dental practitioner by whom the work authorization is issued.
A separate work authorization shall be issued for each patient of the
issuing licensed dentist or other dental practitioner for whom dental
technological work is to be performed.
(c) This section shall not apply to those procedures which a legally
licensed and practicing dentist may delegate to competent office
personnel a dental assistant as to which procedures the dentist
exercises direct supervision and responsibility. Delegated
(d) Procedures delegated by a dentist may not include either: the
following:
(1) Those procedures which require professional judgment and
skill such as diagnosis, treatment planning, and the cutting of hard
or soft tissues, or any intraoral impression which would lead to
the fabrication of an appliance, which, when worn by the patient,
would come in direct contact with hard or soft tissues and which
could result in tissue irritation or injury; or a final prosthetic
appliance.
(2) those Except for procedures described in subsections (g)
and (h), procedures delegated to a dental assistant may not
include procedures allocated under IC 25-13-1 to a licensed
dental hygienists. hygienist.
(e) This chapter shall not prevent dental students from performing
dental operations under the supervision of competent instructors within
the dental school or a university recognized by the board or in any
public clinic under the supervision of the authorized superintendent of
such clinic authorized under the authority and general direction of the
board of health or school board of any city or town in Indiana.
(d) (f) Licensed pharmacists of this state may fill prescriptions of
licensed dentists of this state for any drug necessary in the practice of
dentistry.
(g) Notwithstanding IC 25-13-1-11(4), a dental assistant who has
completed a board approved curriculum may apply medicaments
for the control or prevention of dental caries under the direct
supervision of a licensed dentist. The curriculum must include
instruction on the following:
(1) Ethics and jurisprudence.
(2) Reasons for fluorides.
(3) Systemic fluoride.
(4) Topical fluoride.
(5) Fluoride application.
(6) Laboratory work on topical fluoride applications and
patient competency.
(h) Notwithstanding IC 25-13-1-11(3), a dental assistant who has
completed a board approved curriculum may polish the coronal
surface of teeth under the direct supervision of a licensed dentist.
The curriculum must include instruction on the following:
(1) Ethics and jurisprudence.
(2) Plaque and materia alba.
(3) Intrinsic and extrinsic stain.
(4) Abrasive agents.
(5) Use of a slow speed hand piece, prophy cup, and occlusal
polishing brush.
(6) Theory of selective polishing.
(7) Laboratory work concerning slow speed hand piece, hand
dexterity, and patient competency.
SECTION 25. IC 25-20.5-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 1. This chapter does not
apply to the following if the person has received training in the
performance of hypnotism:
(1) A licensed dentist practicing dentistry under IC 25-14.
(2) A licensed physician practicing medicine under IC 25-22.5.
(3) A licensed osteopath practicing medicine under IC 25-22.5.
(4) A licensed psychologist practicing psychology under
IC 25-33.
(5) A certified licensed social worker or clinical social worker
practicing social work or clinical social work under IC 25-23.6.
(6) A registered nurse licensed under IC 25-23.
(7) A certified licensed marriage and family therapist practicing
marriage and family therapy under IC 25-23.6.
(8) A licensed mental health counselor practicing mental
health counseling under IC 25-23.6.
(8) (9) An individual who teaches Lamaze prenatal and delivery
relaxation techniques to pregnant women.
(9) (10) A law enforcement officer who:
(A) is trained in hypnotism; and
(B) uses hypnosis only for law enforcement purposes.
(10) (11) A licensed chiropractor practicing the science of
chiropractic under IC 25-10.
(11) (12) An individual who performs hypnotism exclusively for
entertainment or amusement purposes at a theater, night club, or
other place that offers entertainment to the public for
consideration or promotional purposes.
SECTION 26. IC 25-23-1-1.1, AS AMENDED BY P.L.1-2007,
SECTION 170, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 1.1. (a) As used in this chapter,
"registered nurse" means a person who holds a valid license issued:
(1) under this chapter; or
(2) by a party state (as defined in IC 25-23.3-2-11); and
who bears primary responsibility and accountability for nursing
practices based on specialized knowledge, judgment, and skill derived
from the principles of biological, physical, and behavioral sciences.
(b) As used in this chapter, "registered nursing" means performance
of services which include but are not limited to:
(1) assessing health conditions;
(2) deriving a nursing diagnosis;
(3) executing a nursing regimen through the selection,
performance, and management of nursing actions based on
nursing diagnoses;
(4) advocating the provision of health care services through
collaboration with or referral to other health professionals;
(5) executing regimens delegated by a physician with an
unlimited license to practice medicine or osteopathic medicine, a
licensed dentist, a licensed chiropractor, a licensed optometrist,
or a licensed podiatrist;
(6) teaching, administering, supervising, delegating, and
evaluating nursing practice;
(7) delegating tasks which assist in implementing the nursing,
medical, or dental regimen; or
(8) performing acts which are approved by the board or by the
board in collaboration with the medical licensing board of
Indiana.
registered nurse to an applicant who has been licensed as a registered
nurse, by examination, under the laws of another state if the applicant
presents proof satisfactory to the board that, at the time that the
applicant applies for an Indiana license by endorsement, the applicant
holds a current license in another state and possesses credentials and
qualifications that are substantially equivalent to requirements in
Indiana for licensure by examination. The board may specify by rule
what constitutes substantial equivalence under this subsection.
(d) The board may issue by endorsement a license to practice as a
registered nurse to an applicant who:
(1) has completed the English version of the:
(A) Canadian Nurse Association Testing Service Examination
(CNAT); or
(B) Canadian Registered Nurse Examination (CRNE);
(2) achieved the passing score required on the examination at the
time the examination was taken;
(3) is currently licensed in a Canadian province or in another
state; and
(4) meets the other requirements under this section.
(e) Each applicant for examination and registration to practice as a
registered nurse shall pay a fee set by the board, The board may set a
proctoring fee to be paid by applicants who are graduates of a state
accredited school in another state. a part of which must be used for
the rehabilitation of impaired registered nurses and impaired
licensed practical nurses. Payment of the fee or fees shall be made by
the applicant prior to the date of examination. The lesser of the
following amounts from fees collected under this subsection shall
be deposited in the impaired nurses account of the state general
fund established by section 34 of this chapter:
(1) Twenty-five percent (25%) of the license a