June 6, 2008

Honorable Representative Scott Pelath, Chairperson

Administrative Rules Oversight Committee

Indiana Legislative Services Agency

200 West Washington Street, Suite 301

Indianapolis, Indiana 46204-2789

ATTN: Allen Morford

RE: LSA Document #07-657 - Proposed rule to amend 410 IAC 16.2

Dear Representative Pelath,

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 may 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 October 10, 2007 (DIN 20071010-IR-410070657NIA). On January 9, 2008, the agency preliminarily adopted a proposed rule. A public hearing was held on May 28, 2008, and comments were received.

Following the public hearing, the agency must consider and respond to public comments and present the rule to the ISDH Executive Board for final adoption. Pursuant to IC 4-22-2-32, the Attorney General has forty-five days to complete review of the rule. Whether a quorum is present at the next ISDH Executive Board meeting, and the Attorney General's time frame for rule review, are outside of the agency's control. Thus promulgation of this rule may not be completed by October 10, 2008. The agency expects that the rule can be approved by the Governor by October 10, 2009.

This notice setting forth the expected date of approval of LSA #07-657 as October 10, 2009, is being submitted in a timely manner. June 16, 2008, is the two hundred and fiftieth day after publication of the notice of intent to adopt a rule.

Sincerely,

Mary L. Hill, RN, Esq.

Deputy State Health Commissioner

cc: Stephen Barnes, Managing Editor, Legislative Services Agency