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-IR- Database: Indiana Register

Indiana Register - March 1, 2003

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 the PDF format by clicking on (PDF).

March 1, 2003, Volume 26, Number 6, Pages 1891-2294 (PDF)
Final Rules
  • Title 312 Natural Resources Commission -- #02-73 (PDF)

    Amends 312 IAC 16 that governs the drilling, production, and reclamation of wells for oil and gas purposes to address several subjects. Modifications would help implement statutory authorities embodied in Public Law 48-2002 (House Enrolled Act 1227 of the 112th Indiana General Assembly).

  • Title 312 Natural Resources Commission -- #02-162 (PDF)

    Amends 312 IAC 5-6-6 that provides restricted watercraft zones on Lake Wawasee to replace 10 miles per hour speed limits with expanded idle speed zones and watercraft prohibition zones on Lake Wawasee and Syracuse Lake for the protection of ecological resources.

  • Title 405 Office of the Secretary of Family and Social Services -- #01-301 (PDF)

    Amends 405 IAC 5-19-1 to clarify the definition of medical and surgical supplies. The amendments provide restrictions and limitations for coverage and provide that reimbursement shall be equal to the lower of the provider's submitted charges or the Medicaid allowable amount for each item. The amendments require that all medical supplies be billed using health care financing administration common procedure coding system in accordance with the instructions set forth in the Indiana health coverage programs manual or update bulletins.

  • Title 410 Indiana State Department of Health -- #02-89 (PDF)

    Adds 410 IAC 16.2-1.1 to update and add definitions. Amends 410 IAC 16.2-5 to update health and sanitation standards, qualifications of applicants for licensure, requirements for operation, maintenance, and management, and other requirements for the operation of residential care facilities. Repeals 410 IAC 16.2-1, 410 IAC 16.2-5-1.7, 410 IAC 16.2-5-3, 410 IAC 16.2-5-5, 410 IAC 16.2-5-7, 410 IAC 16.2-5-8, 410 IAC 16.2-5-9, 410 IAC 16.2-5-10, and 410 IAC 16.2-5-11.

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

    Amends 412 IAC 2 to govern training, testing, practice, and certification of qualified medication aides.

  • Title 440 Division of Mental Health and Addiction -- #02-106 (PDF)

    Adds 440 IAC 9-2-10, 440 IAC 9-2-11, and 440 IAC 9-2-12 to establish standards and requirements for community mental health centers and certified managed care providers regarding case management, outpatient services, and medication evaluation and monitoring as part of the required continuum of care for persons needing addiction services, persons with serious mental illness, or children with serious emotional disorders.

  • Title 840 Indiana State Board of Health Facility Administrators -- #02-219 (PDF)

    Amends 840 IAC 1-1-4 concerning qualifications for licensure.

  • 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.

Notice of Recall
  • Title 839 Social Worker, Marriage and Family Therapist, and Mental Health Counselor Board -- #02-270 (PDF)

Emergency Rules
  • Title 65 State Lottery Commission -- #03-14 (PDF)

    Adds 65 IAC 5-15-10 and 65 IAC 5-15-11 concerning the on-line game Max 5.

  • Title 65 State Lottery Commission -- #03-15 (PDF)

    Temporarily adds rules concerning instant game number 626.

  • Title 65 State Lottery Commission -- #03-16 (PDF)

    Temporarily adds rules concerning instant game number 630.

  • Title 71 Indiana Horse Racing Commission -- #03-25 (PDF)

    Amends 71 IAC 13.5-3-3 concerning out-of-state breeder awards. Amends 71 IAC 14.5-1-3 concerning changing the due date of the quarter horse owned program application.

  • Title 312 Natural Resources Commission -- #03-26 (PDF)

    Temporarily modifies 312 IAC 5-6-6(b)(3) governing watercraft speed restrictions on Lake Wawasee within an area known as Conklin Bay. Modifications are made to depict the location of the idle speed zone consistent with the Indiana coordinate system.

  • Title 312 Natural Resources Commission -- #03-27 (PDF)

    Temporarily modifies 312 IAC 11-5-1 governing licenses within public freshwater lakes, innovative practices, and public use facilities to allow for an exception to shoreline classifications to comply with federal Americans with Disabilities Act (ADA) where an alternative design is not feasible.

  • Title 410 Indiana State Department of Health -- #03-1 (PDF)

    Temporarily modifies 410 IAC 17-10-1 governing the licensure of home health agencies. Modifications are made to the list of those persons who are not required to be licensed as home health agencies. Authority: IC 4-22-2-37.1.

  • Title 410 Indiana State Department of Health -- #03-2 (PDF)

    Temporarily modifies 410 IAC 1-2.3-47 and 410 IAC 1-2.3-48.Temporarily adds 410 IAC 1-2.3-113 governing the reporting and control measures of communicable disease to add smallpox and complications related to vaccinations for smallpox. Authority: IC 4-22-2-37.1.

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

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

  • Title 405 Office of the Secretary of Family and Social Services -- #02-184 (PDF)

  • Title 405 Office of the Secretary of Family and Social Services -- #02-234 (PDF)

Change in Notice of Public Hearing
  • Title 326 Air Pollution Control Board -- #02-189 (PDF)

  • Title 327 Water Pollution Control Board -- #01-95 (PDF)

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

  • Title 329 Solid Waste Management Board -- #02-235 (PDF)

Notice of Intent to Adopt a Rule
  • Title 307 Indiana Board of Registration for Soil Scientists -- #03-32 (PDF)

    Adds TITLE 307, Article 1 to establish standards for the Indiana registry of soil scientists. Statutory authority: IC 25-31.5-3-4.

  • Title 312 Natural Resources Commission -- #03-29 (PDF)

    Amends 312 IAC 5-6-6 governing watercraft operations on Lake Wawasee and Syracuse Lake in Kosciusko County to provide greater specificity for an idle speed zone established on an area commonly known as Conklin Bay. The purpose of the idle speed zone is to afford enhanced ecological protection. The amendment would make permanent a zone currently authorized as a temporary or emergency rule through LSA Document #03-26. Effective 30 days after filing with the secretary of state. Questions or comments may be directed to slucas@dnr.state.in.us or by telephone at 317-233-3322. Statutory authority: IC 14-10-2-4; IC 14-15-7-3.

  • Title 312 Natural Resources Commission -- #03-30 (PDF)

    Amends 312 IAC 11-5 governing exceptions to licensing standards for nonconforming uses with respect to construction along and within public freshwater lakes. A new exception would be recognized where needed for construction by a governmental entity in order to comply with the federal Americans with Disabilities Act. Effective 30 days after filing with the secretary of state. Questions or comments may be directed to slucas@dnr.state.in.us or by telephone at 317-233-3322. Statutory authority: IC 14-10-2-4; IC 14-26-2-23.

  • Title 312 Natural Resources Commission -- #03-35 (PDF)

    Would amend 312 IAC 9-10-3 that governs aquatic vegetation control on waters of the state. Currently, the rule section applies only to chemical controls, but the amendments would implement P.L.19-2002 by extending coverage to controls based on mechanical, physical, and biological methods. Would clarify and supplement the factors considered by the department of natural resources in evaluating a license application to control aquatic plants. Would clarify the need to obtain advance approval from the department of environmental management, for any waterway used as a source of drinking water, before obtaining a license from the department of natural resources under this section. Would require a report be provided by a license holder to the department of natural resources within seven days after the completion of a control effort. Would make numerous other technical and substantive amendments. Effective January 1, 2004. Questions concerning the proposed rule amendments may be directed to the following telephone number: (317) 232-4093 or e-mail gwhite@dnr.state.in.us. Statutory authority: IC 14-22-2-6; IC 14-22-9-10.

  • Title 345 Indiana State Board of Animal Health -- #03-45 (PDF)

    The Indiana State Board of Animal Health is considering adopting rules that will allow the state of Indiana to be approved by the United States Department of Agriculture under 9 CFR 93.300 et al. to receive equine from countries or regions where contagious equine metritis (CEM) exists or where the country or region trades horses freely with a region in which CEM exists. The rules will include requirements for establishing and operating CEM quarantine stations in the state. 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 470 Division of Family and Children -- #03-33 (PDF)

    Adds a new article, 470 IAC 10.2, to create a new set of rules under which the federal Temporary Assistance to Needy Families Program operates; sets rules for partial income disregard and full family sanctions; requires recipients to be evaluated for job assistance and placement. Repeals the articles governing the assistance to families with dependent children program under 470 IAC 10.1-1-1 through 470 IAC 10.1-1-12 and the welfare demonstration project under 470 IAC 14-1-1 through 470 IAC 14-4-2. Statutory authority: IC 12-8-12-7; IC 12-13-2-3(2); IC 12-13-5-1; IC 12-13-5-3.

  • Title 610 Department of Labor -- #03-36 (PDF)

    Amends 610 IAC 4-2-1, including requirements for reporting and recording occupational injuries and illnesses applicable in the public sector. Repeals 610 IAC 4-2-11 concerning record keeping requirements of public employers. Questions or comments on the adoption may be directed by mail to the Department of Labor, Indiana Government Center-South, 402 West Washington Street, Room W195, Indianapolis, Indiana 46204. Statutory authority: IC 22-8-1.1-48.1.

  • Title 610 Department of Labor -- #03-37 (PDF)

    Amends 610 IAC 4-6-11, including requirements for reporting and recording workplace hearing loss injuries and illnesses. Questions or comments on the readoption may be directed by mail to the Indiana Department of Labor, Indiana Government Center-South, 402 West Washington Street, Room W195, Indianapolis, Indiana 46204. Statutory authority: IC 4-21.5-3-35; IC 22-8-1.1-48.1.

  • Title 845 Board of Podiatric Medicine -- #03-46 (PDF)

    Amends 845 IAC 1-3-1 concerning licensure by endorsement. Amends 845 IAC 1-3-2 concerning licensure by examination. Adds 845 IAC 1-3-3 concerning progressive graduate podiatric medical training defined. Amends 845 IAC 1-4.1-1 concerning mandatory renewal; time. Amends 845 IAC 1-4.1-2 concerning mandatory renewal; notice. Amends 845 IAC 1-4.1-5 concerning delinquent renewal. Amends 845 IAC 1-4.1-7 concerning inactive status. Amends 845 IAC 1-5-1 concerning continuing education hours required. Amends 845 IAC 1-5-3 concerning approval of continuing education programs. Repeals 845 IAC 1-4.1-4 concerning mandatory renewal; fees. Questions or comments may be directed by mail to the Board of Podiatric Medicine, 402 West Washington Street, Room W041, Indianapolis, Indiana 46204 or by electronic mail to wlowhorn@hpb.state.in.us. Statutory authority: IC 25-29-2-11.

  • Title 845 Board of Podiatric Medicine -- #03-47 (PDF)

    Adds 845 IAC 1-6-9 concerning fees. Repeals 845 IAC 1-6-8 concerning fees. Questions or comments may be directed by mail to the Board of Podiatric Medicine, 402 West Washington Street, Room W041, Indianapolis, Indiana 46204 or by electronic mail to wlowhorn@hpb.state.in.us. Statutory authority: IC 25-29-2-11.

  • Title 848 Indiana State Board of Nursing -- #03-34 (PDF)

    Amends 848 IAC 5-1 concerning prescriptive authority for advanced practice nursing. Public comments are invited and may be directed to the Indiana State Board of Nursing, ATTENTION: Director, 402 West Washington Street, Room W041, Indianapolis, Indiana 46204 or by e-mail to krkelley@hpb.state.in.us. Statutory authority: IC 25-23-1-7.

  • Title 865 State Board of Registration for Land Surveyors -- #03-41 (PDF)

    Amends 865 IAC 1-13 to revise the continuing education requirements for registered land surveyors. Amends 865 IAC 1-14 to revise the requirements for land surveyor continuing education providers. Repeals 865 IAC 1-13-20 and 865 IAC 1-14-20 to eliminate the provisions that would cause the continuing education rules and continuing education provider rules to expire on August 1, 2004. 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 or e-mail at mdavis@pla.state.in.us. Statutory authority: IC 25-21.5-2-14; IC 25-2.1-8-7.

  • Title 876 Indiana Real Estate Commission -- #03-42 (PDF)

    Amends 876 IAC 1-4-1 to update the statutory reference to the seller's disclosure form. Amends 876 IAC 1-4-2 to revise the seller's residential real estate sales disclosure form. 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 or e-mail at mdavis@pla.state.in.us. Statutory authority: IC 32-21-5-7; IC 25-34.1-2-5; IC 25-34.1-2-5.1.

  • Title 905 Alcohol and Tobacco Commission -- #03-38 (PDF)

    Adds 905 IAC 1-5.2-9.1 concerning the amount of product a wholesaler or primary source of supply may furnish to a retailer or dealer who has not previously purchased such product from such wholesaler or primary source of supply. Adds 905 IAC 1-5.2-9.2, which governs the activities of a retailer, wholesaler, and supplier in the case of a consumer

  • Title 905 Alcohol and Tobacco Commission -- #03-39 (PDF)

    Amends 905 IAC 1-11.1-1 to increase the fees for temporary beer/wine permits. Amends 905 IAC 1-11.1-2 to provide that the Commission may revoke a temporary permit for good cause at any time, including before the event. Questions concerning the proposed rule may be directed to Mary L. DePrez, Chairperson, Alcohol and Tobacco Commission, at (317) 232-2444. Statutory authority: IC 7.1-2-3-7.

  • Title 905 Alcohol and Tobacco Commission -- #03-40 (PDF)

    Club permits. Adds 905 IAC 1-13-6 to require the public posting of operating dates prior to operating under the provisions of IC 7.1-3-20-2.5 (Sunday sales) and IC 7.1-3-20-8.6 (guest nights). Requires notification and approval of the state excise police district office prior to operating. Requires adherence to the dates publicly posted. Provides penalties for failure to post operating dates as well as for operation on dates other than those approved and posted. Questions concerning the proposed rule may be directed to Mary L. DePrez, Chairperson, Alcohol and Tobacco Commission, at (317) 232-2444. Statutory authority: IC 7.1-2-3-7.

Proposed Rules
  • Title 312 Natural Resources Commission -- #02-318 (PDF)

    Amends 312 IAC 9-6 that governs fish and fishing activities. Modifications are made to 312 IAC 9-6-1 to include additional definitions of fish species. 312 IAC 9-6-7 is amended by adding fish species that are illegal to import, possess, or release into public or private waters without a license issued by the department. Included are any live fish, fry, viable eggs, or genetic material of the exotic nuisance species black carp, bighead carp, silver carp, white perch, all species of snakeheads in the family Channidae, and hybrid or genetic modification of these fish. Exemptions are provided for accredited zoological parks, during lawful interstate shipment, and holders of an aquaculture permit under 312 IAC 9-10-17 for medical, educational, or scientific purposes.

  • Title 326 Air Pollution Control Board -- #01-407 (PDF)

    Amends 326 IAC 6-1-10.1 and 326 IAC 6-1-10.2 concerning U.S. Steel particulate matter emission limits.

  • Title 326 Air Pollution Control Board -- #02-337 (PDF)

    Amends 326 IAC 1-1-3 concerning references to the Code of Federal Regulations (CFR), to update any reference to the CFR in 326 IAC to mean the July 1, 2002, edition. This change will have the effect of updating every rule in Title 326 that incorporates by reference the CFR to ensure consistency with the federal rule, except for rules in which a CFR edition is mentioned by a specific year. Amends 326 IAC 1-1-3.5 concerning references to the Compilation of Air Pollution Emission Factors AP-42 and Supplements. Amends language used to incorporate documents by reference in each citation listed. Repeals 326 IAC 14-1-4.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-340 (PDF)

    Amends 405 IAC 1-14.6 to revise the Medicaid nursing facility case mix reimbursement methodology to increase the minimum occupancy parameter for the direct care, indirect care, and administrative rate components; eliminates the provision that disallows annual rebasing of rates; extends the date for application of the historical cost inflation reduction factor; and removes profit add-on from direct care component.

  • Title 431 Community Residential Facilities Council -- #02-211 (PDF)

    Adds 431 IAC 7 to establish standards for the approval of entities providing supported living services to eligible individuals with a developmental disability.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #02-319 (PDF)

    Adds 460 IAC 1-3.3, providing new criteria, reimbursement rates, and procedures for providers in the residential care assistance program in Indiana. Repeals 460 IAC 1-3-1, 460 IAC 1-3-2, 460 IAC 1-3-3, 460 IAC 1-3-4, 460 IAC 1-3-5, 460 IAC 1-3-6, 460 IAC 1-3-7, 460 IAC 1-3-8, 460 IAC 1-3-9, 460 IAC 1-3-10, 460 IAC 1-3-12, 460 IAC 1-3-13, 460 IAC 1-3-14, and 460 IAC 1-3-15.

  • Title 550 Board of Trustees of the Indiana State Teachers' Retirement Fund -- #02-325 (PDF)

    Amends 550 IAC 3 to conform to changes made to the Internal Revenue Code by the Economic Growth and Tax Relief Reconciliation Act of 2001. Adds 550 IAC 5 to changes made to the Internal Revenue Code by the Economic Growth and Tax Relief Reconciliation Act of 2001. Adds 550 IAC 6 concerning rollovers, service purchases, and enhanced retirement savings opportunities for fund members (Senate Enrolled Act 59).

  • Title 844 Medical Licensing Board of Indiana -- #02-268 (PDF)

    Amends 844 IAC 5-1-1 concerning definitions. Amends 844 IAC 5-1-3 concerning disciplinary action. Adds 844 IAC 5-3 concerning appropriate use of the Internet in medical practice. Adds 844 IAC 5-4 prescribing to persons not seen by the physician.

  • Title 848 Indiana State Board of Nursing -- #02-183 (PDF)

    Adds 848 IAC 6 concerning the interstate nurse licensure compact and multistate licensure privileges.

  • Title 848 Indiana State Board of Nursing -- #02-239 (PDF)

    Amends 848 IAC 1-1-14 concerning fees for licensure to practice nursing; fees for renewal of a license to practice nursing; penalty fees for late renewal; fees for temporary permits; fees for verification of licensure to another state or jurisdiction; fees for filing a multistate licensure privilege form; and fees for updating a multistate licensure privilege form.

  • Title 848 Indiana State Board of Nursing -- #02-247 (PDF)

    Amends 848 IAC 1-1-2.1 concerning definitions. Amends 848 IAC 1-1-6 and 848 IAC 1-1-7 concerning requirements for licensure to practice nursing by examination or endorsement.

  • Title 872 Indiana Board of Accountancy -- #02-301 (PDF)

    Amends 872 IAC 1-1-10 to revise the fee schedule. Adds 872 IAC 1-4 to establish the requirements for nonlicensee owners of a firm under IC 25-2.1-5-4.

  • Title 876 Indiana Real Estate Commission -- #02-244 (PDF)

    Adds 876 IAC 1-1-30.1 to require that a licensee shall provide to the commission his or her current residential address. Amends 876 IAC 2-16-1 to establish that referral status does not qualify as accrued continuous active experience as a licensed salesperson as required to obtain a broker license under IC 25-34.1-3-4.1(a)(2).

  • Title 905 Alcohol and Tobacco Commission -- #02-338 (PDF)

    Adds 905 IAC 1-45 to establish rules regulating tracking of beer kegs under IC 7.1-3-6.5. This rule would provide definitions and procedures to implement said statutes.

Readopted Rules
  • Title 675 Fire Prevention and Building Safety Commission -- #03-48 (PDF)

  • Title 804 Board of Registration for Architects and Landscape Architects -- #03-43 (PDF)

  • Title 312 Natural Resources Commission -- #02-331(P) (PDF)

AROC Notices
  • Title 11 Consumer Protection Division of the Office of the Attorney General -- #02-324 (PDF)

  • Title 52 Indiana Board of Tax Review -- (PDF)

  • Title 760 Department of Insurance -- #03-5 (PDF)

  • Title 760 Department of Insurance -- #03-8 (PDF)

IC 13-14-9 Notices
  • Title 327 Water Pollution Control Board -- #03-44 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on new rules and amendments to rules concerning antidegradation standards and implementation procedures. IDEM seeks comment on the affected citations listed and any other provisions of Title 327 that may be affected by this rulemaking.

Executive Orders (PDF)
    Nonrule Policy Documents (PDF)