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-IR- Database: Indiana Register

Indiana Register - November 1, 2002

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).

November 1, 2002, Volume 26, Number 2, Pages 321-686 Final Rules (PDF)
Final Rules
  • Title 50 Department of Local Government Finance -- #01-367 (PDF)

    Adds 50 IAC 3.2 concerning the assessment of mobile and manufactured homes on an annual basis. Repeals 50 IAC 3.1-1, 50 IAC 3.1-2-1, 50 IAC 3.1-2-5, 50 IAC 3.1-2-6, 50 IAC 3.1-2-7, 50 IAC 3.1-2-8, and 50 IAC 3.1-2-9.

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

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

  • 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.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #01-337 (PDF)

    Adds 460 IAC 1-8 concerning personal services attendants for individuals in need of self-directed in-home care.

  • Title 610 Department of Labor -- #01-340 (PDF)

    Adds 610 IAC 4-6 concerning the rules for reporting and recording work related injuries and illnesses, pursuant to the revised federal rules for reporting and recording work related injuries and illnesses, found in 29 CFR 1904. Repeals 610 IAC 4-4.

  • Title 804 Board of Registration for Architects and Landscape Architects -- #02-20 (PDF)

    Amends 804 IAC 1.1-3-1 to revise the fees charged and collected by the board of registration for architects and landscape architects.

  • Title 828 State Board of Dentistry -- #02-112 (PDF)

    Adds 828 IAC 0.5-2-6 concerning fees related to approval of sponsors of continuing education. Amends 828 IAC 1-5-1 concerning approval of study clubs as sponsors of continuing education. Adds 828 IAC 1-5-1.5 concerning approval of study clubs as sponsors of continuing education. Amends 828 IAC 1-5-2 concerning approval of organizations or individuals as sponsors of continuing education. Adds IAC 1-5-2.5 concerning approval of organizations or individuals as sponsors of continuing education. Amends 828 IAC 1-6-1 concerning renewal requirements for dental hygienists.

  • Title 828 State Board of Dentistry -- #02-113 (PDF)

    Amends 828 IAC 1-3 concerning requirements for licensure by endorsement. Repeals 828 IAC 1-3-1.

  • Title 828 State Board of Dentistry -- #02-114 (PDF)

    Amends 828 IAC 0.5-2-3 and 828 IAC 0.5-2-4 concerning fees related to licensure to practice dentistry or dental hygiene. Amends 828 IAC 1-7-1 concerning inactive status for licenses to practice dentistry. Adds 828 IAC 1-7-2 concerning inactive status for licenses to practice dental hygiene.

  • Title 844 Medical Licensing Board of Indiana -- #01-431 (PDF)

    Amends 844 IAC 6-1-4 concerning accreditation of educational programs.

  • Title 844 Medical Licensing Board of Indiana -- #01-432 (PDF)

    Amends 844 IAC 6-3-5 concerning temporary permits.

  • 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. Errata

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

  • Title 50 Department of Local Government Finance -- #01-367 (PDF)

  • Title 71 Indiana Horse Racing Commission -- #02-251 (PDF)

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

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

  • Title 312 Natural Resources Commission -- #01-361 (PDF)

  • Title 326 Air Pollution Control Board -- #00-267 (PDF)

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

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

  • Title 655 Board of Firefighting Personnel Standards and Education -- #00-302 (PDF)

  • Title 828 State Board of Dentistry -- #02-113 Notice of Recall (PDF)

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

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

Emergency Rules
  • Title 65 State Lottery Commission -- #02-283 (PDF)

    Temporarily adds rules concerning pull-tab game number 046.

  • Title 65 State Lottery Commission -- #02-284 (PDF)

    Temporarily adds rules concerning pull-tab game number 047.

  • Title 65 State Lottery Commission -- #02-285 (PDF)

    Temporarily adds rules concerning pull-tab game number 048.

  • Title 65 State Lottery Commission -- #02-286 (PDF)

    Temporarily adds rules concerning pull-tab game number 049.

  • Title 65 State Lottery Commission -- #02-288 (PDF)

    Temporarily adds rules concerning instant game number 610.

  • Title 65 State Lottery Commission -- #02-289 (PDF)

    Temporarily adds rules concerning instant game number 611.

  • Title 65 State Lottery Commission -- #02-290 (PDF)

    Temporarily adds rules concerning instant game number 612.

  • Title 65 State Lottery Commission -- #02-291 (PDF)

    Temporarily adds rules concerning instant game number 619.

  • Title 71 Indiana Horse Racing Commission -- #02-282 (PDF)

    Adds 71 IAC 1-1-41.5 concerning adding the definition of an extended race meet. Adds 71 IAC 1-1.5-37.5 concerning adding the definition of an extended race meet. Amends 71 IAC 12-2-15 concerning allocation of riverboat gambling admissions tax revenue. Amends 71 IAC 12-2-20 concerning allocation of simulcast revenue between associations.

  • Title 71 Indiana Horse Racing Commission -- #02-296 (PDF)

    Repeals SECTION 1 of LSA Document #02-251(E), which amended 71 IAC 12-2-15. See LSA Document #02-282(E), printed in the Indiana Register at 26 IR 394, with current amendments to 71 IAC 12-2-15. Authority: IC 4-31-3-9; IC 4-33-12-6.

  • Title 312 Natural Resources Commission -- #02-293 (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 405 Office of the Secretary of Family and Social Services -- #02-278 (PDF)

    Temporarily amends 405 IAC 1-18-2 to specify Medicaid reimbursement methodology for Medicare cross-over claims. Temporarily repeals 405 IAC 1-18-3. Authority: IC 4-22-2-37.1; IC 12-8-1-12; Public Law 291-2001, SECTION 48.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-279 (PDF)

    Temporarily 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 as follows: removes from consideration as allowable cost indirect costs associated with ancillary services provided to non-Medicaid residents; establishes a children's nursing facility designation for Medicaid reimbursement purposes and removes the profit add-on portion of the direct care component for nursing facilities not designated as children's nursing facilities; establishes a minimum occupancy parameter for the direct care, indirect care and administrative rate components; provides for rebasing of Medicaid payment rates every other year, rather than annually; and updates mortgage interest rate parameter used to establish Medicaid reimbursement for capital costs of nursing facilities. Authority: IC 4-22-2-37.1; IC 12-8-1-12; Public Law 291-2001, SECTION 48.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-280 (PDF)

    Temporarily 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 copayment. Generic legend drugs, all nonlegend drugs, and compounded prescriptions will be subject to a $.50 copayment. Authority: IC 4-22-2-37.1; IC 12-8-1-12; Public Law 291-2001, SECTION 48. The original emergency document, LSA Document #02-199(E), as printed at 25 IR 3803, effective July 1, 2002, expires September 26, 2002.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-281 (PDF)

    Temporarily amends 405 IAC 6-2-3, 405 IAC 6-2-5, 405 IAC 6-2-9, 405 IAC 6-2-12, 405 IAC 6-2-14, 405 IAC 6-2-18, 405 IAC 6-2-20, 405 IAC 6-2-21, 405 IAC 6-3-2, 405 IAC 6-3-3, 405 IAC 6-4-2, 405 IAC 6-5-1, 405 IAC 6-5-2, 405 IAC 6-5-3, 405 IAC 6-5-4, 405 IAC 6-5-5, 405 IAC 6-5-6, 405 IAC 6-6-2, 405 IAC 6-6-4, provisions affecting applicants, enrollees, eligibility and enrollment requirements, benefits, and policy for the Indiana prescription drug program. Temporarily adds provisions that will set forth procedures for point of service processing and provider claims, payments, overpayments and appeals for the Indiana prescription drug program. Authority: IC 4-22-2-37.1; IC 12-10-16-5. The original emergency document, LSA Document #02-195(E), as printed at 25 IR 3780, effective July 1, 2002, expires September 26, 2002. Notice of Rule Adoption

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

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

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

Change in Notice of Public Hearing
  • Title 327 Water Pollution Control Board -- #01-95 (PDF)

  • Title 655 Board of Firefighting Personnel Standards and Education -- #02-128 Notice of Intent to Adopt a Rule (PDF)

Notice of Intent to Adopt a Rule
  • Title 45 Department of State Revenue -- #02-305 (PDF)

    Adds 45 IAC 3.1-1-99.1 concerning advance earned income credit payments by employers to employees. Provide employers with withholding instructions and guidelines for employees that request advance earned income credit payments during the year. Public comments are invited. Statutory authority: IC 6-3-4-8.

  • Title 50 Department of Local Government Finance -- #02-297 (PDF)

    Under the authority of IC 6-1.1-4-4.5, as enacted by P.L.198-2001, the Department of Local Government Finance intends to adopt rules to provide for a uniform and equal assessment by annually adjusting the assessed value of real property during nongeneral assessment years. This rule will also establish the uniform procedures necessary to review and assess the real property value as defined by the chapter. The Department of Local Government Finance invites written submissions expressing your views on these matters. Questions or comments may be directed to Beth Henkel, General Counsel, Department of Local Government Finance, at 100 North Senate Avenue, Room 1058, Indianapolis, Indiana 46204 or bhenkel@tcb.state.in.us. Telephone number: 317-233-4361. Statutory authority: IC 6-1.1-8.7-9; IC 6-1.1-31-1.

  • Title 105 Indiana Department of Transportation -- #02-304 (PDF)

    Repeals 105 IAC 9-21-2 concerning modifications to the 1988 Edition of the Manual on Uniform Traffic Control Devices. Questions or comments pertaining to the proposed rule to be repealed may be directed to: Indiana Department of Transportation, ATTENTION: William P. Huff, 100 North Senate Avenue, Room 730, Indianapolis, Indiana 46204. Statutory authority: IC 8-23-2-6(9).

  • Title 312 Natural Resources Commission -- #02-294 (PDF)

    Amends 312 IAC 3-1-12 that governs oral arguments following "objections" to authorize the chair of the natural resources commission to form a committee to provide final agency relief for matters subject to IC 4-21.5-3-28 through IC 4-21.5-3-31. Effective 30 days after filing with the secretary of state. Questions concerning the proposed rule amendments may be directed to the following telephone number: (317) 233-3322 or e-mail: slucas@dnr.state.in.us/. Statutory authority: IC 14-10-2-4; IC 4-21.5-3-28.

  • Title 357 Indiana Pesticide Review Board -- #02-292 (PDF)

    The rule will establish pesticide use, application, storage, and disposal requirements near community public water systems wells in addition to any requirements that may already be established on the pesticide product labels. Effective 30 days after filing with the secretary of state. Questions concerning the proposed rule may be directed to David E. Scott at (765) 494-1587, or scottde@purdue.edu, or Office of the Indiana State Chemist, Purdue University, 1154 Biochemistry, West Lafayette, Indiana 47907-1154. Statutory authority: IC 15-3-3.6-4; IC 15-3-3.6-24.

  • Title 410 Indiana State Department of Health -- #02-295 (PDF)

    Amends the rules on youth camps to address certain issues, including maintenance of a medical log, use of tobacco or alcohol, first aid kits, and use of buildings and sleeping shelters, bed spacing, and spine boards at bathing beaches. 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 16-19-3-4.

  • Title 470 Division of Family and Children -- #02-298 (PDF)

    Adds new rules in 470 IAC 3-4.7 concerning the licensure of child care centers. These new rules provide for the minimum standards necessary to obtain and retain a license for child care centers. Repeals 470 IAC 3-4.1 and 470 IAC 3-4.2 that currently govern this subject. Statutory authority: IC 12-13-5-3.

  • Title 540 Indiana Education Savings Authority -- #02-287 (PDF)

    Amends 540 IAC 1-7-2, 540 IAC 1-8-2, and 540 IAC 1-10-1 to clarify how the fee paid to the administrator of the Indiana CollegeChoice 529 Program is calculated to clarify the initial and subsequent minimum contribution requirements of the Indiana CollegeChoice 529 Program, and to eliminate limitations on the frequency of distributions from an account. Repeals 540 IAC 1-9-2.6. Statutory authority: IC 21-9-4-7.

  • Title 760 Department of Insurance -- #02-299 (PDF)

    The department intends to amend 760 IAC 1-21 regarding the manner of determination and the calculation of the surcharge for health care providers other than hospitals and physicians and the manner of determination and the calculation of surcharge for all health providers that establish financial responsibility in a way other than by a policy of malpractice liability insurance. 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 34-18-5-2; IC 34-18-5-4.

  • Title 862 Private Detectives Licensing Board -- #02-302 (PDF)

    To modify the advertisement requirements for licensees or any employee, member, officer, director, or manager of a licensee. 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 25-30-1-5.5.

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

    The Indiana Board of Accountancy intends to establish requirements for nonlicensee owners of a firm under IC 25-2.1-5-4 and to revise the fee schedule. 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 25-1-8-2; IC 25-2.1-2-15; IC 25-2.1-4-6.

  • Title 876 Indiana Real Estate Commission -- #02-300 (PDF)

    Establish an outline for the mandatory continuing education courses under IC 25-34.1-9-11(a)(1). 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 25-34.1-2-5; IC 25-34.1-9-21.

  • Title 876 Indiana Real Estate Commission -- #02-303 (PDF)

    Establish distance learning continuing education requirements and procedures for real estate salespersons and brokers. Establish the requirements and procedures for distance learning continuing education course sponsors. Allow an approved distance learning education course to be conducted in a facility, which is also used as a broker or salesperson office. Allow instruction for an approved distance learning education course to be more than eight hours of instruction in one day. 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 25-34.1-2-5; IC 25-34.1-9-21. Proposed Rules

Proposed Rules
  • Title 11 Consumer Protection Division of the Office of the Attorney General -- #02-238 (PDF)

    Adds 11 IAC 1-1-3.5 to define existing debt or contract in IC 24-4.7-1-1.

  • Title 80 State Fair Commission -- #02-200 (PDF)

    Amends 80 IAC 4-3-3 to include an electric personal assistive mobility device within the definition of a motorized cart. Amends 80 IAC 4-3-5 to exclude a person who uses such a device upon the fairgrounds from certain proof of insurance requirements.

  • Title 105 Indiana Department of Transportation -- #02-231 (PDF)

    Amends 105 IAC 9-2-1 to adopt the Millennium Edition of the Manual on Uniform Traffic Control Devices and the Indiana Supplement to the Millennium Edition on Uniform Traffic Control Devices. The language concerning the adoption of the previous 1988 Edition of the Indiana Manual on Uniform Traffic Control Devices will be deleted.

  • Title 327 Water Pollution Control Board -- #00-136 (PDF)

    Adds a new rule concerning public notification by National Pollutant Discharge Elimination System (NPDES) permit holders of the potential health impact of combined sewer overflows (CSOs) and amends 327 IAC 5-2-9.

  • Title 329 Solid Waste Management Board -- #00-185 (PDF)

    Amends and repeals various sections of 329 IAC 10. Since the last substantive change of 329 IAC 10, effective September 1999, further technical clarifications and changes have been deemed necessary to the rule. This rule also will add requirements from the Clean Water Act, Phase 2 Storm Water provisions as they relate to landfills.

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

    Adds 405 IAC 1-19 and 405 IAC 1-20 concerning provisions affecting notification requirements and change of ownership for all providers in the Medicaid program, and defines how funds will be allocated (paid and recouped) to long term care providers when a change of ownership occurs.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-207 (PDF)

    Amends 405 IAC 5-19-3 and 405 IAC 5-31-4 and adds 405 IAC 5-24-13 to add all legend and nonlegend water products, including, but not limited to, sterile water and saline, to the facility's per diem rate.

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

    Amends 405 IAC 2-3-17 and 405 IAC 2-3-21 to specify that the Medicaid personal needs allowance is the amount set by Indiana statute. Adds 405 IAC 7 concerning eligibility requirements and benefits issuance for supplemental assistance for personal needs for Medicaid recipients residing in health care facilities.

  • Title 440 Division of Mental Health and Addiction -- #02-218 (PDF)

    Amends 440 IAC 4-3-1 to delete exemptions from mandatory services for community mental health centers. Amends 440 IAC 4.1-2-1, 440 IAC 4.1-2-4, 440 IAC 4.1-2-5, and 440 IAC 4.1-2-9 to require an applicant to be assigned an exclusive geographic primary service area before it is certified as a community mental health center, and to make the maintenance of financial viability a requirement of certification. Adds 440 IAC 4.1-3 to establish exclusive geographic primary service areas for community mental health centers, including criteria and procedures to justify a change of an assignment of a community mental health center to a primary service area.

  • 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.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #02-210 (PDF)

    Adds 460 IAC 7 to establish standards and requirements for individualized support plans for eligible individuals with a developmental disability.

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

    Amends 470 IAC 8.1-2-12 concerning 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.

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

    Adds 760 IAC 1-68 regarding requirements for a multiple employer welfare arrangement to obtain a certificate of registration, including reinsurance requirements, reserve levels, deposits, financial reporting, fidelity bonds, and operation of a multiple employer welfare arrangement, and to otherwise implement IC 27-1-34.

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

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

  • Title 844 Medical Licensing Board of Indiana -- #02-181 (PDF)

    Amends 844 IAC 6-4-1 concerning mandatory registration and renewal of licenses for physical therapists and mandatory registration and renewal of certificates for physical therapist's assistants. Readopted Rules

Readopted Rules
  • Title 405 Office of the Secretary of Family and Social Services -- #02-275 (PDF)

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #02-262 (PDF)

  • Title 905 Alcohol and Tobacco Commission -- #02-272 (PDF)

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

  • Title 312 Natural Resources Commission -- #02-72(F) (PDF)

  • Title 857 Indiana Optometric Legend Drug Prescription Advisory Committee -- #02-78(F) AROC Notices (PDF)

AROC Notices
  • Title 610 Department of Labor -- #01-340 IC 13-14-9 Notices (PDF)

IC 13-14-9 Notices
  • Title 326 Air Pollution Control Board -- #02-189 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to 326 IAC 23 concerning the licensing and approval of individuals and contractors engaged in lead-based paint activities and training programs providing instruction in such activities. With this rulemaking, IDEM is adding a new licensing discipline of clearance examiner to implement the requirements of House Enrolled Act (HEA) 1171 and adding U.S. EPA amendments to 40 CFR 745 to maintain program approval. 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 326 that may be affected by this rulemaking.

Executive Orders (PDF)
    Nonrule Policy Documents (PDF)