August 1, 2006

VIA HAND DELIVERY

Representative Michael Murphy, Chair

Administrative Rules Oversight Committee

c/o Legislative Services Agency

200 West Washington Street, Suite 301

Indianapolis, Indiana 46204-2789

Attn: Sarah Burkman

RE: LSA #05-328

Dear Representative Murphy:

On behalf of the Indiana State Department of Health (Department), I am submitting this notice to the Administrative Rules Oversight Committee in compliance with IC 4-22-2-25, because the Department has determined that the promulgation of the captioned rule will not be completed within one year after publication of the notice of intent to adopt a rule.

The Department published its notice of intent to adopt a rule for the captioned document on December 1, 2005 (29 IR 835). The authority for rule adoption is IC 16-19-3-4 and IC 16-41-27-8.

The promulgation of this rule has taken longer than anticipated. The Department drafted and adopted proposed rules pursuant to the statutory mandate, IC 16-41-27-8, on January 11, 2006. The proposed rule was submitted to the Office of Management and Budget for approval of fiscal impact on January 30, 2006. No approval or disapproval has been received from the Office of Management and Budget.

The body with the authority to adopt rules, the Indiana State Department of Health Executive Board meets every other month. At this time it is impossible for the rule to continue through the promulgation process, be submitted to the Attorney General for legal review, and then be signed by the Governor before the 365 day time period runs out on December 1, 2006.

This notice setting forth the expected date of approval of LSA #05-328 as August 1, 2007 is being submitted in a timely manner. August 8, 2006 is the two hundred and fiftieth day after publication of the notice of intent to adopt a rule.

Sincerely,

Sue Uhl

Deputy State Health Commissioner

cc: Stephen Barnes, Managing Editor, Legislative Services Agency