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-IR- Database: Indiana Register

Indiana Register - March 1, 2002

Disclaimer: These documents were created from the files used to produce the official (printed) Indiana Register, however, these documents are unofficial.
March 1, 2002, Volume 25, Number 6, Front Cover (PDF)
Introduction (PDF)
State Agency List (PDF)
Final Rules (PDF)
  • Title 11 Consumer Protection Division of the Office of the Attorney General -- #01-265 (PDF)

    Adds 11 IAC to implement IC 24-4.7 concerning telephone solicitation of consumers. Adds 11 IAC 1-1-2 defining "contract made under a telephone sales call", 11 IAC 1-1-4 defining "express request", 11 IAC 1-1-6 defining "residential telephone number", and 11 IAC 1-1-7 defining "residential telephone subscriber". Adds 11 IAC 1-2-1 requiring telephone solicitors to keep certain information regarding telephone solicitations as part of the solicitors' business records. Adds 11 IAC 1-2-3 providing for the consumer protection division's access to telephone solicitors' records regarding telephone solicitations. Adds 11 IAC 1-3-1 establishing mitigating factors that may be considered by the attorney general in deciding whether to seek civil penalties for violations of IC 24-4.7. Adds 11 IAC 1-4-1 clarifying when the attorney general will consider certain persons to have sufficiently complied with the disclosure requirements of IC 24-4.7-4-2. Adds 11 IAC 2-2 describing the manner in which consumers may register with the telephone privacy list, describing the minimum information consumers must provide to register with the list, establishing deadlines for inclusion of new registrations on the next quarterly publication of the list, and providing the manner in which consumers may revoke the consumer's registration with the list. Adds 11 IAC 2-3 allowing certain persons who are not consumers to register residential telephone numbers with the telephone privacy list, and prohibiting such persons from registering telephone numbers that are not residential telephone numbers. Adds 11 IAC 2-5 providing for the removal of telephone numbers from the telephone privacy list. Adds 11 IAC 2-6-1 setting the fee for obtaining the telephone privacy list. Adds 11 IAC 2-6-3 requiring the division to make the telephone privacy list available for purchase in printed form. Adds 11 IAC 2-6-4 allowing the division to make the telephone privacy list available for purchase in other than printed form. Adds 11 IAC 2-6-5 establishing the information provided in the telephone privacy list. Adds 11 IAC 2-8 limiting the use of the telephone privacy list by telephone solicitors and persons generally. Incorporates by reference definitions set forth at IC 24-4.7-2.

  • Title 50 Department of Local Government Finance -- #01-347 (PDF)

    Adds 50 IAC 5.2 for the assessment of public utility owned property. Repeals 50 IAC 5.1.

  • Title 170 Indiana Utility Regulatory Commission -- #01-9 (PDF)

    Amends 170 IAC 1-1.1-1 to clarify which cases and other matters under commission jurisdiction are governed by the new rules of practice and procedure and which are governed by the former rules of practice and procedure.

  • Title 327 Water Pollution Control Board -- #00-235 (PDF)

    Adds 327 IAC 16 concerning confined feeding operations.

  • Title 327 Water Pollution Control Board -- #99-263 (PDF)

    Adds 327 IAC 2-11 to establish ground water quality standards in response to the requirements of the Ground Water Protection Act of 1989 (IC 13-18-17-5) that requires the water pollution control board to adopt rules under IC 4-22-2 concerning ground water quality standards. Repeals 327 IAC 2-1-7 and 327 IAC 2-1.5-9.

  • Title 804 Board of Registration for Architects and Landscape Architects -- #01-57 (PDF)

    Amends 804 IAC 1.1-1-1 to revise the definitions of board and landscape architect and to establish the definition of "LARE". Amends 804 IAC 1.1-2-2 to revise and establish the actual practical experience requirements for applicants for registration as a landscape architect.

  • Title 804 Board of Registration for Architects and Landscape Architects -- #01-103 (PDF)

    Repeals 804 IAC 1.1-2-4.1.

Errata (PDF)
  • Title 312 Natural Resources Commission -- #01-124 (PDF)

  • Title 326 Air Pollution Control Board -- #98-40 (PDF)

  • Title 327 Water Pollution Control Board -- #99-263 (PDF)

  • Title 329 Solid Waste Management Board -- #01-207 (PDF)

  • Title 405 Office of the Secretary of Family and Social Services -- #00-249 (PDF)

  • Title 905 Alcohol and Tobacco Commission -- #01-230 (PDF)

Recall Notice (PDF)
  • Title 355 State Chemist of the State of Indiana -- #01-335 (PDF)

Withdrawal Notice (PDF)
  • Title 405 Office of the Secretary of Family and Social Services -- #01-177 (PDF)

  • Title 405 Office of the Secretary of Family and Social Services -- #01-300 (PDF)

Emergency Rules (PDF)
  • Title 65 State Lottery Commission -- #02-25 (PDF)

    Temporarily adds rules concerning instant game number 567.

  • Title 65 State Lottery Commission -- #02-26 (PDF)

    Adds 65 IAC 5-15 concerning the on-line game Max 5.

  • Title 65 State Lottery Commission -- #02-30 (PDF)

    Temporarily adds rules concerning instant game number 572.

  • Title 65 State Lottery Commission -- #02-31 (PDF)

    Temporarily adds rules concerning instant game number 573.

  • Title 65 State Lottery Commission -- #02-32 (PDF)

    Temporarily adds rules concerning instant game number 596.

  • Title 65 State Lottery Commission -- #02-33 (PDF)

    Temporarily adds rules concerning instant game number 597.

  • Title 312 Natural Resources Commission -- #02-35 (PDF)

    Temporarily amends 312 IAC 9-4-5 that governs annual seasons, bag limits, hunting restrictions, and shooting hours for taking geese. Establishes provisions in late winter and early spring 2002 for taking lesser snow geese and Ross's geese in support of a federal effort to control the numbers of these midcontinent light geese (MCLGs).

  • Title 345 Indiana State Board of Animal Health -- #02-34 (PDF)

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

  • Title 410 Indiana State Department of Health -- #02-28 (PDF)

    Temporarily adds provisions to exempt certain providers of early intervention services. Authority: IC 16-27-1-7.

  • Title 410 Indiana State Department of Health -- #02-29 (PDF)

    Temporarily adds provisions to establish requirements for the Indiana health care professional recruitment and retention program. Authority: IC 4-22-2-37.1; IC 16-46-5-19. The original emergency document, LSA Document #01-409(E), as printed at 25 IR 1192, effective November 19, 2001, expires February 16, 2002.

Notice of Rule Adoption (PDF)
  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #01-334 (PDF)

Change of Public Hearing (PDF)
  • Title 326 Air Pollution Control Board -- #00-43 (PDF)

  • Title 329 Solid Waste Management Board -- #00-65 (PDF)

Notice of Intent to Adopt a Rule (PDF)
  • Title 45 Department of State Revenue -- #02-40 (PDF)

    Amends 45 IAC 18-1 concerning definitions of terms and phrases used in the rules regulating charity gaming by the Department of State Revenue. Adds 45 IAC 18-3-4 concerning calendar raffles conducted by qualified organizations. Amends several provisions concerning the use of proceeds and record keeping requirements by the qualified organization. Adds 45 IAC 18-8-1 concerning administrative procedures involved in protests and hearings and departmental findings. Repeals several definitions that are specifically defined in the charity gaming statute (IC 4-32). Public comments are invited. Statutory authority: IC 4-32-7-3; IC 4-32-8-3.

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

    Amends 170 IAC 4-1-26 concerning electrical line construction and variances. Effective 30 days after filing with the secretary of the state. Questions concerning the proposed rule may be addressed to the following telephone number: (317) 232-158. Statutory authority: IC 8-1-1-3(g).

  • Title 405 Office of the Secretary of Family and Social Services -- #02-45 (PDF)

    Amends 405 IAC 2-3 to specify that a United States Savings Bond is considered available for Medicaid eligibility purposes beginning on the date of purchase. Statutory authority: IC 12-8-6-5; IC 12-15-1-10.

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

    Amends existing pharmacy and prior authorization regulations to allow for changes in the existing prospective drug utilization review (pro-DUR) functionality that is used by pharmacy providers in detecting possible therapeutic problems with individual Medicaid patients' drug regimens. Currently, when submitting claims for drugs via the on-line, real time claims processing system, the pharmacist enters certain information from a new prescription into the system. That information (which includes the name of the drug, dosage form and strength, quantity to be dispensed, etc.) is screened against data from claims previously paid for by Medicaid on behalf of the patient. If as a result of this review certain clinical situations are detected (such as an early refill, possible therapeutic duplication, drug-drug interaction, etc.), the pharmacist is "alerted" to that circumstance by the pro-DUR system. Under the existing pro-DUR functionality, the pharmacist has the option to "override" the alert and proceed with the dispensing of the prescription and filing of the claim. This system of unrestricted "override" capability by the pharmacist is known as "soft alerts". For quality of care and cost reasons, and based on the policies of other payers, OMPP is proposing that so-called "hard alerts" be instituted in the pro-DUR system. This would entail the denial of a pharmacy's claim upon the posting of certain pro-DUR alerts (as opposed to being able to be "overridden" by the pharmacist). Prior authorization would be required in order for the claim to be refiled and paid. OMPP proposes amending its current rules to provide OMPP with the authority to convert "soft" pro-DUR alerts to "hard" pro-DUR alerts, subsequent to review by the Indiana Medicaid DUR Board and 45 days advance provider notification. These limitations will not apply to the risk based managed care program. Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-21-3.

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

    Amends 405 IAC 5-3 and 405 IAC 5-24 to limit to four the number of brand name legend drug prescriptions for which Medicaid reimbursement is available per recipient, per calendar month, without prior authorization. These limitations will not apply to the risk based managed care program. Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-21-3.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-49 (PDF)

    Amends 405 IAC 5-12 to limit Medicaid coverage for chiropractic services to recipients over the age of twenty (20) to manual manipulations of the spine and x-rays, consistent with Medicare. Eliminates chiropractic services for recipients under the age of twenty-one (21). Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-21-3.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-50 (PDF)

    Amends 405 IAC 5-14 to limit annual expenditures for Medicaid covered dental services to six hundred dollars ($600) per year for recipients twenty-one (21) years of age and over. Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-21-3.

  • Title 410 Indiana State Department of Health -- #02-43 (PDF)

    Amends 410 IAC 15 to remove the forty-eight (48) hour requirement for authentication of entries in medical records and add requirements regarding appropriate authentication of entries in medical records. Written comments may be submitted to the Indiana State Department of Health, Attention: Office of Legal Affairs, 2 North Meridian Street, Indianapolis, Indiana 46204. Statutory authority: IC 16-21-1-7.

  • Title 412 Indiana Health Facilities Council -- #02-41 (PDF)

    Amends 412 IAC 2, Qualified Medication Aides, to establish a program for certification, prescribe education and training programs, determine standards concerning functions, establish fees, and establish a registry of qualified medication aides. Written comments may be submitted to the Indiana State Department of Health, Attn: Office of Legal Affairs, 2 North Meridian Street, Indianapolis, Indiana 46204. Statutory authority: IC 16-28-1-11.

  • Title 440 Division of Mental Health and Addiction -- #02-42 (PDF)

    Adds 440 IAC 1.5 concerning the licensure of private mental health institutions. Repeals 440 IAC 1-1.5. Statutory authority: IC 12-8-8-4; IC 12-21-2-3; IC 12-25.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #02-46 (PDF)

    The intent and scope of this rule will be to establish standards and basic requirements for all providers and case managers providing supported living services and day services to eligible individuals with a developmental disability, pursuant to IC 12-11. Statutory authority: IC 12-8-8-4; IC 12-9-2-3; IC 12-11-1.1-9; IC 12-11-2.1-12; IC 12-10-1-3(16).

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #02-58 (PDF)

    Amends 460 IAC 2-3-1, 460 IAC 2-3-2, and 460 IAC 2-3-3 to offer additional criteria that may be fulfilled to receive state interpreter certification, extends the deadline by which certain criteria must be met to become certified, and adds relevant definitions. It will become effective 30 days after filing with the secretary of state. Statutory authority: IC 12-8-8-4; IC 12-9-2-3; IC 12-12-7-5.

  • Title 655 Board of Firefighting Personnel Standards and Education -- #02-39 (PDF)

    The proposed amendments and additions to 655 IAC 1-1 and 655 IAC 1-2.1 are for the purpose of amending certification programs, amending certifications, updating certain National Fire Protection Association standards, and making conforming section changes. Statutory authority: IC 22-12-7-7; IC 22-14-2-7.

  • Title 675 Fire Prevention and Building Safety Commission -- #02-51 (PDF)

    To revise, clarify, and correct miscellaneous technical and editorial provisions to 675 IAC 13-1-8, NFPA 13 - 1999 Edition and 675 IAC 13-1-10, NFPA 20 - 1999 Edition. Public comments are invited and may be directed to the Department of Fire and Building Services, Attention: Technical Services, 402 West Washington Street, Room W246, Indianapolis, Indiana 46204, or by e-mail at eblakey@sema.state.in.us. Statutory authority: IC 22-13-2-13; IC 22-13-2-2.

  • Title 675 Fire Prevention and Building Safety Commission -- #02-52 (PDF)

    Amends 675 IAC 20, the Indiana swimming pool code to make substantive and technical changes. Public comments are invited and may be directed to the Department of Fire and Building Services, Attention: Technical Services, 402 West Washington Street, Room W246, Indianapolis, Indiana 46204, or by e-mail at eblakey@sema.state.in.us. Statutory authority: IC 22-13-2-13; IC 22-13-2-2.

  • Title 675 Fire Prevention and Building Safety Commission -- #02-53 (PDF)

    To adopt and amend NFPA 58, 2001 Edition as 675 IAC 22-2.2-14. Public comments are invited and may be directed to the Department of Fire and Building Services, Attention: Technical Services, 402 West Washington Street, Room W246, Indianapolis, Indiana 46204, or by e-mail at eblakey@sema.state.in.us. Statutory authority: IC 22-13-2-13; IC 22-13-2-2.

  • Title 865 State Board of Registration for Land Surveyors -- #02-56 (PDF)

    To increase the number of examination attempts for applicants applying for certification as a land surveyor-in-training. To modify the requirements for surveyor location reports. 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 25-21.5-2-14.

  • Title 865 State Board of Registration for Land Surveyors -- #02-57 (PDF)

    To establish distance learning continuing education requirements and procedures for land surveyors, and the requirements and procedures for distance learning continuing education providers. 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 25-21.5-2-14; IC 25-21.5-8-7.

Proposed Rules (PDF)
  • Title 50 Department of Local Government Finance -- #00-283 (PDF)

    Adds 50 IAC 14 to establish equalization standards.

  • Title 170 Indiana Utility Regulatory Commission -- #01-341 (PDF)

    Adds 170 IAC 7-1.2 concerning telecommunications service quality standards. Repeals 170 IAC 7-1.1-1, 170 IAC 7-1.1-2, 170 IAC 7-1.1-3, 170 IAC 7-1.1-4, 170 IAC 7-1.1-5, 170 IAC 7-1.1-6, 170 IAC 7-1.1-7, 170 IAC 7-1.1-8, 170 IAC 7-1.1-9, 170 IAC 7-1.1-10, 170 IAC 7-1.1-11.

  • Title 170 Indiana Utility Regulatory Commission -- #01-342 (PDF)

    Adds 170 IAC 7-1.3 concerning telecommunications customer service rights. Repeals 170 IAC 7-1.1-12, 170 IAC 7-1.1-13, 170 IAC 7-1.1-14, 170 IAC 7-1.1-15, 170 IAC 7-1.1-16, 170 IAC 7-1.1-17, and 170 IAC 7-1.1-18.

  • Title 312 Natural Resources Commission -- #01-412 (PDF)

    Amends 312 IAC 8 that governs public use of DNR properties to make several changes. Included is a definition of "public road" to conform to the definition of "public highway" in IC 9-25-2-4. New definitions would be added for snowmobile, off-road vehicle, and vehicle. The prohibition would be eliminated on the possession of firearms at public access sites maintained by the division of fish and wildlife. Quiet time at campsites would be extended one hour from 6 a.m. to 7 a.m. Pets would be required to be attended at all times. Vehicles could be left in DNR parking lots only while using a DNR property or adjacent public freshwater lake or navigable waterway. The receipt and pass requirement for horses would be eliminated, but the tag requirement would be retained.

  • Title 326 Air Pollution Control Board -- #01-375 (PDF)

    Adds 326 IAC 11-8 concerning emission control limits for commercial and industrial solid waste incineration units. This rule incorporates federal air emission requirements for solid waste incineration units that burn commercial and industrial waste.

  • Title 326 Air Pollution Control Board -- #99-73 (PDF)

    Amends 326 IAC 6-1-10.1 to change particulate matter (PM10) emission limitations for Union Tank Car in Lake County.

  • Title 326 Air Pollution Control Board -- #99-177 (PDF)

    Repeals 326 IAC 11-5 concerning fluoride emissions for existing aluminum plants. IDEM requests repeal of 326 IAC 11-5 because it has been superseded by 326 IAC 20-24.

  • Title 345 Indiana State Board of Animal Health -- #01-333 (PDF)

    Amends 345 IAC 2-6-8 to clarify exemptions to certificates of veterinary inspection requirements for cattle sold intrastate. Amends 345 IAC 7-3.5 to remove the requirement that all animals sold through a public market be inspected. Makes other changes in the law of livestock dealers and markets and the sale of animals. Repeals 345 IAC 5-1-3 and 345 IAC 5-1-4.

  • Title 345 Indiana State Board of Animal Health -- #01-377 (PDF)

    Amends 345 IAC 7-7 concerning disposal of dead animals. Adds 345 IAC 7-7-1.5 to define terms. Makes other changes in the law of dead animal disposal. Repeals 345 IAC 7-7-6 and 345 IAC 7-7-8.

  • Title 345 Indiana State Board of Animal Health -- #01-391 (PDF)

    Adds 345 IAC 1-4-2 and 345 IAC 1-4-3 to define terms and establish standards for detection, control, and eradication of anthrax in animals. Repeals 345 IAC 1-4-1.

  • 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.

  • Title 410 Indiana State Department of Health -- #01-243 (PDF)

    Adds 410 IAC 6-7.1, which governs sanitation and safety in campgrounds. Adds 410 IAC 6-7.2, which governs sanitation and safety in youth camps. Repeals 410 IAC 6-7.

  • Title 410 Indiana State Department of Health -- #01-280 (PDF)

    Adds 410 IAC 21-3 to define birth problems and establish reporting requirements for the birth problems registry.

  • Title 410 Indiana State Department of Health -- #01-339 (PDF)

    Adds 410 IAC 23-2 to implement the health care professional recruitment and retention program for the repayment for student loans incurred by eligible health care professionals. Repeals 410 IAC 23-1.

  • Title 440 Division of Mental Health and Addiction -- #01-357 (PDF)

    Adds 440 IAC 9-2-7, 440 IAC 9-2-8, and 440 IAC 9-2-9 to establish standards and requirements for community mental health centers and certified managed care providers regarding residential services for adults with psychiatric disorders, residential services for adults with addictions, and residential services for seriously emotionally disturbed or addicted children. Repeals 440 IAC 7-2-16, 440 IAC 7-2-17, and 440 IAC 7-2-18.

  • Title 540 Indiana Education Savings Authority -- #01-428 (PDF)

    Amends 540 IAC 1 to maintain the tax-qualified status of the Indiana CollegeChoice 529 Program by complying with the amendments to Section 529 of the Internal Revenue Code of 1986, and the provisions related thereto, as established by the Economic Growth and Tax Relief Reconciliation Act of 2001, P.L.107-16. Repeals 540 IAC 1-3-2, 540 IAC 1-5-2, 540 IAC 1-6-2, 540 IAC 1-7-3, 540 IAC 1-8-5, 540 IAC 1-8-6, 540 IAC 1-8-7, 540 IAC 1-9-2, 540 IAC 1-10-1.5, 540 IAC 1-10-1.6, and 540 IAC 1-10-3.

  • Title 631 Worker's Compensation Board of Indiana -- #01-424 (PDF)

    Adds 631 IAC 1-1-1.1 to establish rules concerning the location and hours of the board office. Adds 631 IAC 1-1-24.1 to establish rules schedule of attorney fees.

  • Title 675 Fire Prevention and Building Safety Commission -- #01-430 (PDF)

    Amends 675 IAC 21 to incorporate updated standards for regulated lifting devices, amend the application and testing requirements for installation and operation permits, and repeal the rules for sewage lift stations and handpowered personnel hoists. Repeals 675 IAC 21-1-2, 675 IAC 21-1-2.1, 675 IAC 21-1-3, 675 IAC 21-1-4, 675 IAC 21-1-6, 675 IAC 21-2, 675 IAC 21-6, and 675 IAC 21-7.

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

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

  • Title 865 State Board of Registration for Land Surveyors -- #01-426 (PDF)

    Amends 865 IAC 1-11-1 to revise the fees charged and collected by the board. Amends 865 IAC 1-13-5 to allow licensees to submit continuing course material for credit within six months after taking the course.

IC 13-14-9 Notices (PDF)
  • Title 326 Air Pollution Control Board -- #02-54 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to the following nitrogen oxides rules, 326 IAC 10-3, nitrogen oxide reduction program for specific source categories and 326 IAC 10-4, nitrogen oxides budget trading program. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.

  • Title 326 Air Pollution Control Board -- #02-55 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on new rules concerning emissions of hazardous air pollutants (HAPs) such as styrene, methyl methacrylate, methylene chloride, toluene, xylene, n-hexane, methyl ethyl ketone, methyl isobutyl ketone, and 1,1,1-trichloroethane from boat manufacturing. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.

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