June 9, 2010

Honorable Scott Pelath, Chairperson

Administrative Rules Oversight Committee

c/o Sarah Burkman, Indiana Legislative Services Agency

200 West Washington Street, Suite 301

Indianapolis, Indiana 46204-2789

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 14, 2009 (20091014-IR-410090810NIA). On November 10, 2009, the Department preliminarily adopted LSA [Document] #09-810. On November 10, 2009, the Department sent the Office of Management and Budget (OMB) a copy of the proposed rule and fiscal analysis. The Department is waiting for the OMB to complete its review of the rule before proceeding with the public hearing on the rule.

Following the public hearing, the Department 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 ISDH Executive Board meeting, and the Attorney General's time frame for rule review, are outside of the Department's control. Thus, promulgation of this rule may not be completed by October 14, 2010.

This notice setting forth the expected date of approval of LSA [Document] #09-810 as October 14, 2011, is being submitted in a timely manner. June 21, 2010, is the two hundred and fiftieth day after publication of the Notice of Intent to Adopt a Rule.

Sincerely,

Gregory N. Larkin, M.D., F.A.A.F.P.

State Health Commissioner