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-IR- Database: Indiana Register

Indiana Register - August 1, 2005

Access the official CD-ROM Indiana Register by clicking on (PDF) following the volume information line below.

Disclaimer: The individual documents were created from the files used to produce the official CD-ROM Indiana Register. Access documents in PDF format by clicking on (PDF).
August 1, 2005, Volume 28, Number 11, Pages 3179-3446 (PDF)
Final Rules
  • Title 327 Water Pollution Control Board -- #04-13 (PDF)

    Amends drinking water rules at 327 IAC 8-2, 327 IAC 8-2.1, and 327 IAC 8-2.6 concerning radionuclides, long term 1 enhanced surface water treatment, arsenic, minor corrections to interim enhanced surface water treatment, disinfectants and disinfection byproducts, lead and copper, public notification, and analytical methods for public drinking water systems.

  • Title 675 Fire Prevention and Building Safety Commission -- #04-194 (PDF)

    Adds 675 IAC 14-4.3, the International Residential Code (IRC) for One and Two Family Dwellings, as the Indiana Residential Code. Repeals 675 IAC 14-4.2.

Errata
  • Title 511 Indiana State Board of Education -- (PDF)

  • Title 515 Advisory Board of the Division of Professional Standards -- (PDF)

Emergency Rules
  • Title 52 Indiana Board of Tax Review -- #05-172 (PDF)

    Temporarily adds provisions establishing procedures to govern proceedings before the Indiana board of tax review with respect to appeals for the 2002 assessment year in Lake County. Statutory authority: HEA 1535, P.L.235-2003; IC 4-22-2-37.1; IC 6-1.1-4-34.

  • Title 65 State Lottery Commission -- #05-158 (PDF)

    Temporarily adds rules concerning scratch-off game number 753.

  • Title 65 State Lottery Commission -- #05-159 (PDF)

    Adds 65 IAC 5-19 concerning the draw game Big Haul Raffle.

  • Title 65 State Lottery Commission -- #05-160 (PDF)

    Temporarily adds rules concerning scratch-off game number 766.

  • Title 65 State Lottery Commission -- #05-169 (PDF)

    Temporarily adds rules concerning scratch-off game number 760.

  • Title 65 State Lottery Commission -- #05-170 (PDF)

    Temporarily adds rules concerning instant game number 762.

  • Title 312 Natural Resources Commission -- #05-173 (PDF)

    Temporarily amends 312 IAC 9 with respect to the taking of lizards at Falls of the Ohio State Park and the adjacent federal Falls of the Ohio Wildlife Conservation Area. Under IC 4-22-2-37.1, IC 14-22-2-6, and IC 14-10-2-5, the director of the department of natural resources adopts the temporary rule set forth in this document. The temporary rule is adopted with the awareness that regulation of wild animals in Indiana is the responsibility of the department of natural resources. The director is responsible for adopting temporary rules under IC 14-22-2-6 to manage wild animals in Indiana or in a designated part of Indiana. In addition, the director is responsible for controlling wild animals in a state park. Based upon the opinion of a professional biologist, the director has determined the European wall lizard (Podarcis muralis) will cause obvious and measurable damage to the ecological balance at Falls of the Ohio State Park. The ecological balance will not be maintained unless action is taken to control the population of the European wall lizard at the Falls of the Ohio State Park and at the adjacent federal Falls of the Ohio Wildlife Conservation Area. Native species of lizards and skinks are at risk of displacement by the European wall lizard, and other disruption of the ecological balance in this area is probable. Additionally, unless controlled, the European wall lizard is likely to expand its range and endanger the ecological balance at other sites in Indiana and elsewhere in the United States.

Notice of Rule Adoption
  • Title 405 Office of the Secretary of Family and Social Services -- #04-321 (PDF)

Change in Notice of Public Hearing
  • Title 710 Securities Division -- #05-46 (PDF)

  • Title 710 Securities Division -- #05-81 (PDF)

Notice of Intent to Adopt a Rule
  • Title 68 Indiana Gaming Commission -- #05-198 (PDF)

    Amends 68 IAC 5 in order to address current regulatory issues related to (1) the transfer of a five percent or more ownership interest in a riverboat owner license, supplier license, or operating agent contract; and (2) debt acquisition by riverboat licensees, operating agents, applicants, or affiliates thereof. Public comments are invited. Questions concerning the rule may be directed to: (317) 233-46 or e-mailed to psicuso@igc.state.in.us. Statutory authority: IC 4-33-4-1; IC 4-33-4-2; IC 4-33-4-3; IC 4-33-4-5; IC 4-33-4-21; IC 4-33-6.5-12. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Philip A. Sicuso, Chief Legal Counsel, Indiana Gaming Commission, South Tower, Suite 950, 115 W. Washington Street, Indianapolis, Indiana 46204, (317) 233-46, psicuso@igc.state.in.us

  • Title 68 Indiana Gaming Commission -- #05-199 (PDF)

    Amends 68 IAC 12-1, which outlines general provisions for surveillance systems required to be maintained and utilized by Indiana's riverboat casinos. Adds new provisions and amends existing provisions of 68 IAC 12-1 in order to detail the minimum requirements for the use of digital surveillance technology by riverboat licensees and operating agents. Adds or amends language in 68 IAC 12-1 to specify that 68 IAC 12-1 applies to operating agents. Adds new rules or amends existing provisions of 68 IAC 12-1 to update existing regulations to conform to changes in industry standards and changes in regulatory necessity, including, but not limited to, changes to the following aspects of the Commission's regulation of surveillance systems at riverboat casinos whether they relate to digital or analog surveillance systems: definitions; surveillance room specifications; required surveillance equipment; general requirements for required surveillance coverage; specification of scope and breadth of areas that riverboat casinos must cover with the surveillance system; minimum requirements for surveillance systems; minimum specifications for videotapes and digitally recorded coverage; retention periods for taped or digitally recorded coverage; retention periods for logs and reports; minimum requirements for activity logs and visitors' logs; requirements for surveillance department incident reports; maintenance and malfunctions of equipment; emergency procedures including required backup equipment; submission and approval of surveillance plans to the Commission; surveillance of employees; duties and responsibilities of the chief of surveillance and surveillance occupational licensees; violations of rule; waiver of requirements; and reports by the executive director. Public comments are invited. Questions concerning the rule may be directed to the following telephone number: (317) 233-46 or e-mailed to psicuso@igc.state.in.us. Statutory authority: IC 4-33-4-1; IC 4-33-4-2; IC 4-33-4-3; IC 4-33-4-5. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Jennifer Chelf, Director of Compliance, Indiana Gaming Commission, 115 West Washington Street, South Tower, Suite 950, Indianapolis, IN 46204, (317) 233-43, jchelf@igc.state.in.us

  • Title 345 Indiana State Board of Animal Health -- #05-177 (PDF)

    The rule will amend 345 IAC 2.5-3-2, as added in 28 IR 2679, to reduce from six (6) months to sixty (60) days the period following a whole herd test for tuberculosis during which animals may be moved into the state from modified accredited or accreditation preparatory states or zones without an individual tuberculin test. The rule will make other technical changes in the law of tuberculosis control. The proposed changes are a response to changes in federal regulations, 70 Fed. Reg. 29579 (2005). Comments on the proposed rule may be sent to the Indiana State Board of Animal Health, 805 Beachway Drive, Suite 50, Indianapolis, IN 46224, or by electronic mail to ghaynes@boah.state.in.us. Statutory authority: IC 15-2.1-3-19. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Gary L. Haynes, Director of Legal Affairs, 805 Beachway Drive, Suite 50, Indianapolis, IN 46224, (317)227-300, ghaynes@boah.state.in.us

  • Title 405 Office of the Secretary of Family and Social Services -- #05-195 (PDF)

    Amends 405 IAC 2 to add provisions relating to Medicaid eligibility of an individual who resides in a nursing facility or other medical institution, or who receives services under a home and community based services waiver, and who has a spouse who does not receive Medicaid-covered institutional or home and community based services (a "community spouse"). Specifies the method used to calculate the amount of resources necessary to provide income to the community spouse to raise the community spouse's income to the minimum monthly needs allowance. Specifies the criteria for determining when the minimum monthly needs allowance may be increased due to exceptional circumstances resulting in significant financial duress. Questions or comments concerning the proposed rules may be directed to: Indiana Office of Medicaid Policy and Planning, attn: Michael Staresnick, 402 W. Washington Street, Room W382, Indianapolis, Indiana 46204. Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-2-24; IC 12-15-2-25. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Michael Staresnick, Office of Medicaid Policy and Planning, 402 W. Washington St., Rm. W382, Indianapolis, IN 46204, (317) 232-2121, mike.staresnick@fssa.in.gov

  • Title 405 Office of the Secretary of Family and Social Services -- #05-200 (PDF)

    Amends 405 IAC 1-11.5-2 to define the reimbursement methodology for a certified physical therapist's assistant. Amends 405 IAC 5-22-8 to revise supervision requirements for certified physical therapist's assistants. The rule clarifies that a certified physical therapist's assistant may provide services under the direct supervision of a licensed physical therapist or physician, but the licensed physical therapist or physician is not required to be on-site. Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-21-2; IC 12-15-21-3. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Kate Bowen, Program Operations - Acute Care, Office of Medicaid Policy and Planning, Indiana Government Center-South, 402 West Washington Street, Room W382, Indianapolis, IN 46204, (317) 233-1662, kate.bowen@fssa.in.gov

  • Title 410 Indiana State Department of Health -- #05-189 (PDF)

    Add rules regarding the reporting, monitoring, and preventive procedures to protect from lead poisoning. The rules will also establish requirements for case management of a child with lead poisoning and delete the reporting and other requirements for blood lead levels from 410 IAC 1-2.3. Written comments may be submitted to the Indiana State Department of Health, Community and Family Health Services Commission, 2 North Meridian Street, #8C, Indianapolis, Indiana 46204. Statutory authority: IC 16-41-39.4-1. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Maria Larson, Indiana State Department of Health, 2 North Meridian Street, 5J, Indianapolis, Indiana 46204, (317) 233-1293, mlarson@isdh.state.in.us

  • Title 410 Indiana State Department of Health -- #05-190 (PDF)

    The rule will regulate who may operate a radiation machine and what level of training and experience the operator must have. Written comments may be submitted to the Indiana State Department of Health, Health Care Regulatory Services, 2 North Meridian Street, Indianapolis, Indiana 46204. Statutory authority: IC 16-41-35-29. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Terry Whitson, Indiana State Department of Health, 2 North Meridian Street, 5A, Indianapolis, Indiana 46204, (317) 233-7022, twhitson@isdh.state.in.us

  • Title 410 Indiana State Department of Health -- #05-191 (PDF)

    The rule will establish a licensure program for personal services agencies including the procedures for issuing, renewing, denying, or revoking a personal services agency license, investigating a complaint against a personal services agency, and the collection of fees required by IC 16-27-4. Written comments may be submitted to the Indiana State Department of Health, Health Care Regulatory Services, 2 North Meridian Street, Indianapolis, Indiana 46204. Statutory authority: IC 16-27-4-20. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Terry Whitson, Indiana State Department of Health, 2 North Meridian Street, 5A, Indianapolis, Indiana 46204, (317) 233-7022, twhitson@isdh.state.in.us

  • Title 410 Indiana State Department of Health -- #05-192 (PDF)

    The rule will establish reporting of any death or serious complication of a patient by physicians who perform a surgical treatment for the treatment of morbid obesity. Written comments may be submitted to the Indiana State Department of Health, Health Care Regulatory Services, 2 North Meridian Street, Indianapolis, Indiana 46204. Statutory authority: IC 16-40-3-5. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Joe Hunt, Indiana State Department of Health, 2 North Meridian Street, 5A, Indianapolis, Indiana 46204, (317) 233-7524, jhunt@isdh.state.in.us

  • Title 410 Indiana State Department of Health -- #05-193 (PDF)

    Add rules to require hospitals to implement a medical errors reporting system and report medical errors reporting data to the department. Written comments may be submitted to the Indiana State Department of Health, Community and Family Health Services Commission, 2 North Meridian Street, #8C, Indianapolis, Indiana 46204. Statutory authority: IC 16-21-1-7; IC 16-40-4-9. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Sue Uhl, Indiana State Department of Health, 2 North Meridian Street, 3A, Indianapolis, Indiana 46204, (317) 233-7400, suhl@isdh.state.in.us

  • Title 470 Division of Family Resources -- #05-201 (PDF)

    Amends 470 IAC 3.1 to clarify and revise the language of the rule to comply with new federal legislation (Public Law 108-446) and state legislation (Public Laws 234-2005 and 246-2005). Additionally, amends 470 IAC 3.1-1-18 and 470 IAC 3.1-3 to redefine the "LPCC" to reflect a regional planning and coordination group instead of a county-based group; amends 470 IAC 3.1-7 to revise the definition of eligibility; amends 470 IAC 3.1-10 to revise the process to designate a service coordinator; amends 470 IAC 3.1-12 to clarify when third party payors may be billed for early intervention services; and amends 470 IAC 3.1-15-10 to comply with federal regulations (34 CFR 303.425). Repeals 470 IAC 3.1-7-3 to remove the biologically at-risk category as eligible for early intervention services. This rule originally established a comprehensive system of early intervention services for eligible infants and toddlers with disabilities and their families. Statutory authority: IC 12-8-8-4; IC 12-13-2-3; IC 12-13-5-3; IC 12-17-15-17. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Lora Miller, Indiana Government Center-South, 402 West Washington Street, Indianapolis, Indiana 46204, (317) 234-2250, lora.miller@fssa.in.gov

  • Title 570 Indiana Commission on Proprietary Education -- #05-178 (PDF)

    To amend 570 IAC to make technical corrections, to add provisions for the approval of associate level degree programs, to add provisions for student refund policy requirements related to programs of less than 120 clock hours in duration. Written comments should be addressed to Rebecca Carter, Director of Regulatory Compliance, Indiana Commission on Proprietary Education, Indiana Government Center-South, 302 West Washington Street, Room E201, Indianapolis, IN 46204. Statutory authority: IC 20-12-76-13(c). For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Rebecca Carter, Director of Regulatory Compliance, Indiana Commission on Proprietary Education, Indiana Government Center-South, 302 West Washington Street, Room E201, Indianapolis, IN 46204, (317) 232-1328, rcarter@cpe.in.gov

  • Title 760 Department of Insurance -- #05-196 (PDF)

    To provide registration, financial, actuarial, and operational requirements and fees for professional employee organizations and to otherwise implement IC 27-16. Written comments should be addressed to Amy Strati, Chief Counsel, Department of Insurance, 311 W. Washington Street, Indianapolis, IN 46204. Statutory authority: IC 27-16-4-7; IC 27-16-5-4; IC 27-16-5-6; IC 27-16-8-4. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Amy Strati, Chief Counsel, Department of Insurance, 311 W. Washington Street, Indianapolis, IN 46204, (317) 232-143, astrati@doi.state.in.us

  • Title 832 State Board of Funeral and Cemetery Service -- #05-179 (PDF)

    Amends 832 IAC 2-1-2 concerning the fee schedule based upon SEA 139 (P.L.194-2005). Amends 832 IAC 4-2-1 concerning reinstatement of an expired license. Amends 832 IAC 4-2-2 concerning continuing education requirements for license reinstatement. Amends 832 IAC 4-2-4 concerning license renewal. Repeals 832 IAC 3-3-3 concerning temporary permit exceptions for reciprocal applicants. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Board Director, State Board of Funeral and Cemetery Service, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla12@pla.state.in.us. Statutory authority: IC 25-1-8-2; IC 25-1-8-7 (as added by SEA 139, P.L.194-2005); IC 25-15-6-2; IC 25-15-6-4; IC 25-15-6-6; IC 25-15-9-8; IC 25-15-9-9. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Tracy Hicks, Indiana Professional Licensing Agency, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-3052, thicks@pla.in.gov

  • Title 852 Indiana Optometry Board -- #05-184 (PDF)

    Amends 852 IAC 1-12-1 concerning duties of optometrists to designate the manner and circumstances of use of the title "optometrist" and its abbreviation in conjunction with their name. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Indiana Optometry Board, Attn.: Board Director, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla8@pla.state.in.us. Statutory authority: IC 25-24-1-1. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator is: , Cindy A. Vaught, Indiana Professional Licensing Agency, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-2054, cvaught@pla.in.gov

  • Title 888 Indiana Board of Veterinary Medical Examiners -- #05-185 (PDF)

    Adds 888 IAC 1.1-5-3 to define practitioner and to establish the requirements to report substance abuse or psychiatric impairment of a veterinarian or veterinary technician to the Board. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Indiana Board of Veterinary Medical Examiners, Attn.: Board Director, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla8@pla.state.in.us. Statutory authority: IC 15-5-1.1-8. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator is: , Cindy A. Vaught, Indiana Professional Licensing Agency, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-2054, cvaught@pla.in.gov

Proposed Rules
  • Title 25 Indiana Department of Administration -- #05-123 (PDF)

    Adds 25 IAC 6 to establish rules regulating the registration of executive branch lobbyists.

  • Title 170 Indiana Utility Regulatory Commission -- #05-130 (PDF)

    Amends 170 IAC 4-4.1 and 170 IAC 4-4.2 regarding cogeneration and alternate energy production facilities and net metering. Adds 170 IAC 4-4.3 concerning interconnection standards between a public utility and a customer-generator facility.

  • Title 412 Indiana Health Facilities Council -- #05-35 (PDF)

    Amends 412 IAC 2-1-2.1, 412 IAC 2-1-10, and 412 IAC 2-1-14 to establish the effective and expiration dates for qualified medication aide (QMA) certificates, to amend the requirements for certification, recertification, or reinstatement of a QMA, and to amend the fees required for certification, recertification, or reinstatement. Repeals 412 IAC 2-1-13.

  • Title 646 Department of Workforce Development -- #05-128 (PDF)

    Amends 646 IAC 3-10-9 and 646 IAC 3-10-13 to allow the Department of Workforce Development flexibility in how unemployment benefits are paid to recipients and to allow the Department of Workforce Development to use debit cards, direct deposit, or any means the Department of Workforce Development deems to be in its best interests and in the interests of the recipient to deliver unemployment benefits.

  • Title 844 Medical Licensing Board of Indiana -- #05-91 (PDF)

    Adds 844 IAC 5-5 to establish the guidelines for the use of controlled substances for the treatment of pain.

  • Title 856 Indiana Board of Pharmacy -- #05-102 (PDF)

    Adds 856 IAC 3-1-2 and 856 IAC 3-1-3, amends 856 IAC 3-2-3, and adds 856 IAC 3-3 through 856 IAC 3-7 to implement rule changes based on House Enrolled Act 1098-2005 (P.L.212-2005), including establishing criteria for drug returns, establishing the definitions and requirements for normal distribution chain of custody, pedigree, and the extent to which pedigrees are required, and establishing criteria to approve an accreditation body to evaluate and inspect a person who engages in wholesale distributions of legend drugs. Repeals 856 IAC 3-2-1, 856 IAC 3-2-7, and 856 IAC 3-2-8.

  • Title 872 Indiana Board of Accountancy -- #04-290 (PDF)

    Amends 872 IAC 1-2-1 to address the ethical requirements for licensees by incorporating by reference the July 1, 2004, pronouncements on professional standards of the American Institute of Certified Public Accountants (to apply to certified public accountants) and the May 1, 2003, Rules of Professional Conduct of the National Society of Accountants (to apply to accounting practitioners and public accountants).

Readopted Rules
  • Title 20 State Board of Accounts -- #05-147 (PDF)

  • Title 260 State Department of Toxicology -- #05-152 (PDF)

  • Title 357 Indiana Pesticide Review Board -- #05-171 (PDF)

  • Title 590 Indiana Library and Historical Board -- #05-89 (PDF)

  • Title 760 Department of Insurance -- #05-86 (PDF)

  • Title 905 Alcohol and Tobacco Commission -- #05-180 (PDF)

  • Title 910 Civil Rights Commission -- #05-153 (PDF)

  • Title 840 Indiana State Board of Health Facility Administrators -- #05-12 (PDF)

AROC Notices
  • Title 655 Board of Firefighting Personnel Standards and Education -- #04-297 (PDF)

  • Title 40 State Ethics Commission -- #04-198 (PDF)

IC 13-14-9 Notices
  • Title 326 Air Pollution Control Board -- #05-197 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on new rules proposed to be added to 326 IAC 8 concerning volatile organic compound (VOC) emissions from four specific source categories that are currently subject to 326 IAC 8-1-6. Another option under consideration would apply 326 IAC 8-1-6 requirements to any facility with potential to emit VOC being constructed at a new or modified source that has VOC emissions greater than 25 tons per year, is located in an ozone nonattainment area, and is not regulated elsewhere in 326 IAC 8. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.

  • Title 329 Solid Waste Management Board -- #05-181 (PDF)

    Adds 329 IAC 16 concerning provisions for electronic waste (e-waste) management, which may include collection, reporting, processing, storage and disposal requirements. This rule would add pertinent definitions and minimal requirements. The rule might specify operational and facility design standards to protect surface and ground water.

  • Title 329 Solid Waste Management Board -- #05-182 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on new rules concerning the inspection and cleanup of properties contaminated by chemicals used in the illegal manufacture of a controlled substance. This rulemaking is required by Public Law 192-2005 (Senate Enrolled Act 444), SECTION 6. This rule would include the following subject matter:

Other Notices (PDF)
    Nonrule Policy Documents (PDF)