January 7, 2009

Senator R. Michael Young, Chairperson

Administrative Rules Oversight Committee

c/o Indiana Legislative Services Agency

200 West Washington Street, Suite 301

Indianapolis, Indiana 46204-2789

ATTN: Sarah Burkman

RE: LSA Document #08-423 – Verbal Orders Rule

Dear Senator R. Michael Young,

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 June 4, 2008 (DIN: 20070815-IR-410070489NIA [20080604-IR-410080423NIA]). On July 9, 2008, the agency preliminarily adopted a Proposed Rule. The Proposed Rule was published on October 8, 2008, and a public hearing was held October 30, 2008.

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 will likely not be completed by June 4, 2009. The agency expects that the rule can be approved by the Governor by June 4, 2010.

This notice setting forth the expected date of approval of LSA [Document] #08-423 as June 4, 2010, is being submitted in a timely manner. February 9, 2009, 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