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-IR- Database: Indiana Register

Indiana Register - June 1, 2002

Disclaimer: These documents were created from the files used to produce the official (printed) Indiana Register, however, these documents are unofficial.
June 1, 2002, Volume 25, Number 9, Front Cover (PDF)
Introduction (PDF)
State Agency List (PDF)
Final Rules (PDF)
  • Title 405 Office of the Secretary of Family and Social Services -- #01-175 (PDF)

    Adds 405 IAC 2-3-1.2 concerning Medicaid penalties for transferring assets for less than fair market value. Specifies that the purchase of an annuity or similar arrangement is considered a transfer of assets for less than fair market value unless the annuity is irrevocable, commercially issued, actuarially sound, and provides substantially equal monthly payments with no balloon payment.

  • Title 405 Office of the Secretary of Family and Social Services -- #01-372 (PDF)

    Amends 405 IAC 5-24-4 and 405 IAC 5-24-6 to revise reimbursement policy for pharmacy services in the Medicaid program, including adding a state maximum allowable cost schedule to the Medicaid reimbursement methodology for legend drugs. NOTE: 405 IAC 5-24-4 and 405 IAC 5-24-6 were amended by LSA Document #01-22(F), printed at 25 IR 60. However, that final rule was preliminarily enjoined pursuant to an order issued on October 9, 2001, in the Marion Superior Court, Cause No. 49D05-109-CP-1480, and those changes not implemented. NOTE: Under IC 4-22-2-29(a)(2), LSA Document #01-303, printed at 25 IR 847, was consolidated with this document.

  • Title 412 Indiana Health Facilities Council -- #01-281 (PDF)

    Adds 412 IAC 2 to establish standards to govern training, testing, and practice of qualified medication aides.

  • Title 675 Fire Prevention and Building Safety Commission -- #01-250 (PDF)

    Amends 675 IAC 12-3 concerning general administrative rules. Amends 675 IAC 15-1-22 concerning the special administrative rules for industrialized building systems and mobile structure systems. Amends 675 IAC 23-1-63 concerning the annual inspection fee schedule for amusement devices to update fees to reflect current expenses and to reflect administrative changes.

  • Title 828 State Board of Dentistry -- #01-307 (PDF)

    Adds 828 IAC 0.5-2-5 concerning fees related to the registration of mobile dental facilities and portable dental operations. Adds 828 IAC 4 concerning the conduct of mobile dental facilities and portable dental operations.

  • Title 856 Indiana Board of Pharmacy -- #01-434 (PDF)

    Amends 856 IAC 1-27-1 concerning fees related to the practice of pharmacy.

Errata (PDF)
  • Title 329 Solid Waste Management Board -- (PDF)

Withdrawal Notice (PDF)
  • Title 405 Office of the Secretary of Family and Social Services -- #02-47 (PDF)

  • Title 405 Office of the Secretary of Family and Social Services -- #02-48 (PDF)

Emergency Rules (PDF)
  • Title 312 Natural Resources Commission -- #02-129 (PDF)

    Temporarily modifies 312 IAC 5-9-2 that governs restricted boating zones on Geist Reservoir. The modification reconfigures the idle speed zone at Devil's Elbow in Marion County. The modification mirrors a permanent rule change given final adoption by the natural resources commission but not expected to be implemented before the beginning of the 2002 boating season.

  • Title 312 Natural Resources Commission -- #02-130 (PDF)

    Temporarily modifies 312 IAC 5-9 that governs restricted boating zones on designated reservoirs to establish zones on Prairie Creek Reservoir in Delaware County. A speed limit of 20 miles per hour is established for all watercraft. Motorboats are prohibited from towing water skis and similar objects north of a line extending westerly from the bridge over Huffman Creek on County Road 560 East (also known as Gates Road). These provisions mirror a new rule section (proposed 312 IAC 5-9-4) given final adoption by the natural resources commission but not expected to be implemented before the beginning of the 2002 boating season.

  • Title 345 Indiana State Board of Animal Health -- #02-125 (PDF)

    Temporarily adds provisions to prohibit the movement of all cervids into Indiana. Authority: IC 15-2.1-18-21.

Notice of Rule Adoption (PDF)
  • Title 440 Division of Mental Health and Addiction -- #01-299 (PDF)

  • Title 440 Division of Mental Health and Addiction -- #01-356 (PDF)

Change of Public Hearing (PDF)
Change of Hearing
  • Title 329 Solid Waste Management Board -- #00-65 (PDF)

  • Title 844 Medical Licensing Board of Indiana -- #02-12 (PDF)

Notice of Intent to Adopt a Rule (PDF)
  • Title 25 Indiana Department of Administration -- #02-150 (PDF)

    Public Law 195-2001 (HEA 1401) contains several provisions that affect rules previously promulgated by the Indiana department of administration (department). The provisions of Public Law 195-2001 supersede, directly and indirectly, some portions of existing department rules. Certain new provisions of Public Law 195-2001 establish the governor's commission on minority and women's business enterprises (commission). It also sets forth the membership of the commission and requires the department to adopt administrative rules to ensure that certain goals established by the commission are met. This legislation requires the department to amend portions of those rules that are superseded by Public Law 195-2001 or are otherwise inconsistent with Public Law 195-2001. The department intends to adopt rules to amend provisions of existing rules that are impacted by Public Law 195-2001, by adding to existing rules as required by Public Law 195-2001, making the rules completely consistent with, and in conformance with, the requirements of Public Law 198-2001. The department also intends to revise, edit, delete, add, or otherwise amend the existing rules, as it may deem desirable in order to make them compliant with the provisions of Public Law 195-2001. Although the department is still in the process of identifying all rules that may be affected by Public Law 195-2001, it has determine that amendments will be required to 25 IAC 1.1 (regarding state procurement), and 25 IAC 2 (regarding public works projects). The department invites suggestions, questions, comments, arguments, or views in these matters. Written questions or comments on the adoption may be directed by mail to F. Daniel Gettelfinger, staff counsel for the Indiana Department of Administration, 402 West Washington Street, W479, Indianapolis, Indiana 46204 or by electronic mail to dgettelfinger@idoa.state.in.us. Statutory authority: IC 4-13-1-4; IC 4-13-1-7; IC 4-13-2-9; IC 4-13-16.5-1; IC 4-13.6-3-1.

  • Title 250 Law Enforcement Training Board -- #02-143 (PDF)

    To amend or add to, with numerous incidental and/or substantive changes, 250 IAC 1. Effective 30 days after filing with the secretary of state. Questions or comments on the proposed amendments, additions, and changes may be directed by mail to the Law Enforcement Training Board, ATTENTION: Charles Braun, Staff Attorney, P. O. Box 313, Plainfield, Indiana 46168-313, by electronic mail to cbraun@ilea.state.in.us, or by telephone at (317) 837-3264. Statutory authority: IC 5-2-1-9; IC 5-2-1-11; IC 5-2-1-15; IC 5-2-1-16.

  • Title 345 Indiana State Board of Animal Health -- #02-126 (PDF)

    The rule will add and amend requirements to exhibit livestock and other animals in Indiana. Comments on the proposed rule may be sent to the Indiana State Board of Animal Health, ATTENTION: Legal Affairs, 805 Beachway Drive, Suite 50, Indianapolis, Indiana 46224 or by electronic mail to ghaynes@boah.state.in.us. Statutory authority: IC 15-2.1-3-19.

  • Title 345 Indiana State Board of Animal Health -- #02-127 (PDF)

    The rule will amend facility, sanitation, testing, and other requirements for livestock and poultry slaughter and processing establishments and update matters incorporated by reference. Makes other changes in the law of meat and poultry inspection. Comments on the proposed rule may be sent to the Indiana State Board of Animal Health, ATTENTION: Legal Affairs, 805 Beachway Drive, Suite 50, Indianapolis, Indiana 46224 or by electronic mail to ghaynes@boah.state.in.us. Statutory authority: IC 15-2.1-3-19.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-140 (PDF)

    Amends 405 IAC 5-14 to add copayments for dental services, restrict comprehensive oral evaluations and detailed and extensive oral evaluations to one per 12 month period, and to update the rule to comport with current operational procedures for covered services and prior authorizations requirements. Statutory authority: IC 12-8-6-5; 12-15-1-10; IC 12-15-21-3.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-141 (PDF)

    Amends 405 IAC 5-24-7 to revise copayment structure for drugs reimbursed by Medicaid. Brand name legend drugs will be subject to a $3.00 copayment. Generic legend drugs, all nonlegend drugs, and compounded prescriptions will be subject to a $.50 copayment. Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-21-2.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-144 (PDF)

    Amends 405 IAC 1-14.5 to change the index used in the calculation of the fair rental allowance from the United States Treasury 30 year bond to the United States Treasury 10 year bond. It was recently announced that the U.S. Treasury had stopped issuing the 30 year bond and that the 10 year bond is the new benchmark bond. Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-21-2.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-145 (PDF)

    Adds 405 IAC 2-9 to provide for the placement of liens on the real property of certain Medicaid recipients. This rule implements IC 12-15-8.5 as added by P.L.178-2002 (HEA 1196). Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-8.5.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-146 (PDF)

    Amends 405 IAC 2-3-3 to specify that impairment-related work expenses are excluded from income for those individuals receiving Medicaid for the disabled. Amends 405 IAC 2-3-17 and 405 IAC 2-3-21 to specify that the personal needs allowance is the amount set by Indiana statute. Provides for a personal needs allowance supplement to the extent required by Indiana statute. Statutory authority: IC 12-8-6-5; IC 12-15-1-10.

  • Title 410 Indiana State Department of Health -- #02-142 (PDF)

    Revise rules to govern the health, safety, sanitation, maintenance, and operation of public and semi-public swimming pools, wading pools, and spas. Written comments may be submitted to the Indiana State Department of Health, ATTENTION: Office of Legal Affairs and Policy, 2 North Meridian Street, Indianapolis, Indiana 46204. Statutory authority: IC 16-19-3-4.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #02-151 (PDF)

    Amends the personal needs allowance amount allowed under room and board assistance income eligibility to increase the amount from $50 to $52 pursuant to amended state statute. Statutory authority: IC 12-8-8-4; IC 12-10-6-2 as amended; IC 12-10-6-3.

  • Title 470 Division of Family and Children -- #02-152 (PDF)

    Amends the personal needs allowance amount allowed under assistance to residents in county homes income eligibility to increase the amount from $50 to $52 pursuant to amended state statute. Statutory authority: IC 12-13-5-3; IC 12-10-6-1 as amended; IC 12-13-2-3.

  • Title 760 Department of Insurance -- #02-137 (PDF)

    To implement IC 27-1-34 regarding multiple employer welfare arrangements, including, but not limited to, certificate of registration requirements, reinsurance requirements, reserve levels, deposits, financial reporting, fidelity bond, and the operations of the multiple employer welfare arrangements. Written comments may be submitted to the Indiana Department of Insurance, ATTENTION: Amy Strati, 311 West Washington Street, Suite 300, Indianapolis, Indiana 46204 or email to astrati@doi.state.in.us. Statutory authority: IC 27-1-34-9.

  • Title 832 State Board of Funeral and Cemetery Service -- #02-147 (PDF)

    The State Board of Funeral and Cemetery Service intends to revise the licensing and examination fees charged and collected by the board. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Staff Counsel, 302 West Washington Street, Room E034, Indianapolis, Indiana 46204-2700. Statutory authority: IC 25-15-9-8; IC 25-15-9-9.

  • Title 852 Indiana Optometry Board -- #02-131 (PDF)

    Amends 852 IAC 1-1.1-4 concerning application for a license to practice optometry; approval of schools of optometry. Public comments are invited and may be directed to the Indiana Optometry Board, ATTENTION: Director, 402 West Washington Street, Room W041, Indianapolis, Indiana 46204 or by email to cvaught@hpb.state.in.us. Statutory authority: IC 25-24-1-1.

  • Title 852 Indiana Optometry Board -- #02-132 (PDF)

    Amends 852 IAC 1-13-1 concerning license revocation and the duties of practitioners whose licenses have been revoked. Amends 852 IAC 1-13-2 concerning license suspension and the duties of practitioners whose licenses have been suspended. Effective 30 days after filing with the secretary of state. Public comments are invited and may be directed to the Indiana Optometry Board, ATTENTION: Director, 402 West Washington Street, Room W041, Indianapolis, Indiana 46204 or by email to cvaught@hpb.state.in.us. Statutory authority: IC 25-24-1-1.

  • Title 852 Indiana Optometry Board -- #02-133 (PDF)

    Adds 852 IAC 1-17-1 concerning application requirements for a limited license. Adds 852 IAC 1-17-2 concerning examination required for a limited license. Adds 852 IAC 1-17-3 concerning renewal of a limited license. Effective 30 days after filing with the secretary of state. Public comments are invited and may be directed to the Indiana Optometry Board, ATTENTION: Director, 402 West Washington Street, Room W041, Indianapolis, Indiana 46204 or by email to cvaught@hpb.state.in.us. Statutory authority: IC 25-24-1-1.

  • Title 876 Indiana Real Estate Commission -- #02-148 (PDF)

    Revise the procedures to reactivate an inactive license. Revise the fees charged to reinstate an expired license. Revise the fee schedule for the real estate appraiser licensure and certification program and to add an issuance and renewal fee for prelicensure real estate appraiser schools and courses under 876 IAC 3-4 and real estate appraiser continuing education course providers under 876 IAC 3-5. Allow an Indiana licensed trainee appraiser who has not associated with a licensed or certified appraiser to hold an inactive license either upon initial issuance of the license or upon the ending of a previous association with a licensed or certified appraiser and establish a time period during which an Indiana licensed trainee appraiser license may be held in an inactive status before it becomes void. Revise the requirements for the use and supervision of Indiana licensed trainee appraisers by licensed or certified appraisers. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Staff Counsel, 302 West Washington Street, Room E034, Indianapolis, IN 46204-2700. Statutory authority: IC 25-34.1-2-5; IC 25-34.1-3-8; IC 25-34.1-3-9; IC 25-1-8-2.

  • Title 888 Indiana Board of Veterinary Medical Examiners -- #02-134 (PDF)

    Amends 888 IAC 1.1-6-1 concerning the application content for examination applicants, and the deadline for applying to take the examination for licensure. Effective 30 days after filing with the secretary of state. Public comments are

  • Title 888 Indiana Board of Veterinary Medical Examiners -- #02-135 (PDF)

    Amends 888 IAC 1.1-6-3 concerning examination scores and remedial education. Effective 30 days after filing with the secretary of state. Public comments are invited and may be directed to the Indiana Board of Veterinary Medical Examiners, ATTENTION: Director, 402 West Washington Street, Room W041, Indianapolis, Indiana 46204 or by email to cvaught@hpb.state.in.us. Statutory authority: IC 15-5-1.1-8.

  • Title 888 Indiana Board of Veterinary Medical Examiners -- #02-136 (PDF)

    Adds 888 IAC 1.1-11 concerning inactive status of licenses to practice veterinary medicine and inactive status of registered veterinary technicians. Effective 30 days after filing with the secretary of state. Public comments are invited and may be directed to the Indiana Board of Veterinary Medical Examiners, ATTENTION: Director, 402 West Washington Street, Room W041, Indianapolis, Indiana 46204 or by email to cvaught@hpb.state.in.us. Statutory authority: IC 15-5-1.1-8.

Proposed Rules (PDF)
  • Title 170 Indiana Utility Regulatory Commission -- #02-44 (PDF)

    Amends 170 IAC 4-1-26 concerning electrical line construction and variances.

  • Title 312 Natural Resources Commission -- #02-68 (PDF)

    Amends 312 IAC 9-2-13 to allow scientific collectors to administer drugs and vaccines to animals held under a scientific collector's license. Amends 312 IAC 9-10-6 that governs scientific collector licenses by adding scientific collector qualifications and requiring additional information on collection reports.

  • Title 326 Air Pollution Control Board -- #01-251 (PDF)

    Amends 326 IAC 8-1-2 to provide compliance methods applicable to dip or flow operations at miscellaneous metal coating operations regulated at 326 IAC 8-2-9.

  • Title 345 Indiana State Board of Animal Health -- #01-392 (PDF)

    Amends 345 IAC 8 for the production, transportation, and processing of milk and milk products, including updating matters incorporated by reference. Amends 345 IAC 8-3-2 to add a requirement that Grade A farm bulk milk tanks be equipped with automatic start-up equipment for cooling and agitation. Makes other substantive and technical changes in the law of milk and milk products inspection.

  • Title 345 Indiana State Board of Animal Health -- #01-413 (PDF)

    Amends 345 IAC 1-3 to impose restrictions on the movement of cervids into Indiana. Amends 345 IAC 2-7 to require cervid owners to register locations housing cervids with the state veterinarian and participate in a chronic wasting disease certification program that includes record keeping, identification, death loss reporting, and perimeter fencing requirements. Amends 345 IAC 2-7 to establish requirements for chronic wasting disease positive, suspect, and exposed herds. Makes other changes in the law of animal disease control. NOTE: This document was previously printed at 25 IR 1996 and has been revised.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-13 (PDF)

    Amends 405 IAC 1-14.6-2, 405 IAC 1-14.6-4, 405 IAC 1-14.6-6, 405 IAC 1-14.6-7, 405 IAC 1-14.6-9, 405 IAC 1-14.6-12, 405 IAC 1-14.6-16, and 405 IAC 1-14.6-22 to revise the case mix reimbursement methodology that the Medicaid program utilizes to reimburse nursing facilities to remove from consideration as allowable cost indirect costs associated with ancillary services provided to non-Medicaid residents; establish a children's nursing facility designation for Medicaid reimbursement purposes and remove the profit add-on portion of the direct care component for nursing facilities not designated as children's nursing facilities; establish a minimum occupancy parameter for the direct care, indirect care, and administrative rate components; provide for rebasing of Medicaid payment rates every other year, rather than annually; and update mortgage interest rate parameter used to establish Medicaid reimbursement for capital costs of nursing facilities.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-16 (PDF)

    Amends 405 IAC 1-12 to revise the reimbursement methodology that the Medicaid program utilizes to reimburse nonstate-owned intermediate care facilities for the mentally retarded (ICFs/MR) and community residential facilities for the developmentally disabled (CRFs/DD) such that rebasing of Medicaid payment rates will occur every other year, rather than annually. Makes other technical changes to remove outdated language and references to repealed provisions and to conform with federal and state statutes and regulations.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-87 (PDF)

    Amends 405 IAC 2-8-1 to add certain nonprobate assets to the definition of estate for Medicaid estate recovery purposes. Adds 405 IAC 2-8-1.1 to provide an exception for certain nonprobate assets valued at less than $125,000.

  • Title 407 Office of the Children's Health Insurance Program -- #02-85 (PDF)

    Amends 407 IAC 2-2-5 to remove 12 months of consecutive eligibility to conform with state law, Public Law 107-2002, SECTION 25. Amends 407 IAC 2-3 to revise premium payment schedule to remove annual and quarterly payment options.

  • Title 511 Indiana State Board of Education -- #02-67 (PDF)

    Amends 511 IAC 5-1 to conform to passing standards set by the General Educational Testing Service of the American Council on Education for the 2002 Series GED tests.

  • Title 515 Professional Standards Board -- #02-80 (PDF)

    Adds 515 IAC 5 to establish the process whereby a person obtains a substitute teacher's permit and the process whereby a school district employs a substitute teacher.

  • Title 836 Indiana Emergency Medical Services Commission -- #02-91 (PDF)

    Amends 836 IAC 1, 836 IAC 2, 836 IAC 3, and 836 IAC 4 to revise, clarify, and correct the certification and training requirements and the definitions applicable to emergency medical service personnel, providers, and air ambulances (rotocraft and fixed wing) and vehicles (transport and nontransport). Also adds 836 IAC 1-1-2, 836 IAC 1-1-3, 836 IAC 1-3-6, 836 IAC 2-7.2, 836 IAC 4-6.1, and 836 IAC 4-7.1 to combine enforcement, waiver, and insurance and establish new certification and training requirements for advanced emergency medical technician intermediate personnel and providers. Repeals 836 IAC 1-2-4, 836 IAC 1-8-1, 836 IAC 1-11-5, 836 IAC 2-12-1, 836 IAC 2-13-1, 836 IAC 3-2-8, 836 IAC 3-3-8, 836 IAC 3-4-1, 836 IAC 4-2-5, and 836 IAC 4-10-1.

  • Title 864 State Board of Registration for Professional Engineers -- #01-405 (PDF)

    Amends 864 IAC 1.1-2-2 to establish the types of topics that qualify as advanced calculus based mathematics. Amends 864 IAC 1.1-2-4 to change one of the minimum education requirements for engineering interns from a bachelor of science degree to a baccalaureate degree and to specify that a senior in an engineering curriculum in a college or university in Indiana may take the last EI examination prior to graduation. Amends 864 IAC 1.1-12-1 to revise the fee schedule charged by the board.

Readopted Rules (PDF)
  • Title 240 State Police Department -- #02-139 (PDF)

  • Title 250 Law Enforcement Training Board -- #02-149 (PDF)

  • Title 260 State Department of Toxicology -- #02-77 (PDF)

  • Title 655 Board of Firefighting Personnel Standards and Education -- #02-128 (PDF)

  • Title 812 Indiana Auctioneer Commission -- #02-84 (PDF)

  • Title 820 State Board of Cosmetology Examiners -- #02-92 (PDF)

  • Title 840 Indiana State Board of Health Facility Administrators -- #01-242 (PDF)

AROC Notices (PDF)
  • Title 405 Office of the Secretary of Family and Social Services -- (PDF)

IC 13-14-9 Notices (PDF)
  • Title 327 Water Pollution Control Board -- #01-348 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to 327 IAC 8-2 and 327 IAC 8-2.1 and new rules 327 IAC 8-2.5 and 327 IAC 8-2.6 concerning interim enhanced surface water treatment, disinfectants/disinfection byproducts, and filter backwash. By this notice, IDEM is soliciting public comment on the draft rule language. IDEM seeks comment on the affected citations listed and any other provisions of Title 327 that may be affected by this rulemaking.

  • Title 327 Water Pollution Control Board -- #02-138 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on the development of a new rule concerning a statewide variance from the water quality standard for mercury. IDEM seeks comment on the affected citation listed and any other provisions of Title 327 that may be affected by this rulemaking.

  • Title 329 Solid Waste Management Board -- #01-161 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to rules at 329 IAC 9 concerning underground storage tanks. By this notice, IDEM is soliciting public comment on the draft rule language. This rule clarifies language and requirements. Several new definitions were added. The definitions at 329 IAC 9-1-10.1, 329 IAC 9-1-10.2, 329 IAC 9-1-14.1, and 329 IAC 9-1-41.1 were repealed and renumbered to alphabetize additional definitions that were added. This rule has also added appropriate changes to make the rule consistent with IC 13-12-3-2 that allows remediation programs to use either standard default options or a risk assessment (risk-based) approach for determining methods for cleanups and closure standards. This rule reorganizes and clarifies Rule 6, the closure of UST systems and deletes "modified closure". This rule also relocates several sections to be consistent with the federal regulations and appropriate procedure. IDEM seeks comment on the affected citations listed and any other provisions of Title 329 that may be affected by this rulemaking.

Other Notices (PDF)
Nonrule Policy Documents (PDF)
Rules Affected (PDF)
Index (PDF)
Back Page, Order Form (PDF)