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-IR- Database: Indiana Register

Indiana Register - October 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).

October 1, 2002, Volume 26, Number 1, Pages 1-320 Final Rules (PDF)
Final Rules
  • Title 11 Consumer Protection Division of the Office of the Attorney General -- #02-110 (PDF)

    Amends 11 IAC 2-6-1 concerning the fees charged for the telephone privacy list. Amends 11 IAC 2-6-5 to clarify the information contained in the telephone privacy list. Adds 11 IAC 2-6-6 to prohibit unauthorized duplication or dissemination of the telephone privacy list.

  • Title 50 Department of Local Government Finance -- #01-305 (PDF)

    Amends 50 IAC 2.3-1-1 to extend the date that county assessors may select and publish a specific set of guidelines to be used for the assessment of real property for the 2002 general reassessment.

  • Title 312 Natural Resources Commission -- #02-2 (PDF)

    Amends 312 IAC 3-1 that governs adjudicatory procedures by the natural resources commission and its division of hearings. The amendments would incorporate and coordinate responsibilities of the division of hearings with respect to its responsibilities to the Indiana board of registration for soil scientists. Makes technical changes.

  • Title 326 Air Pollution Control Board -- #00-43 (PDF)

    Amends 326 IAC 11-4-5 concerning particulate emission limits for Knauf Fiber Glass in Shelbyville, Indiana. Updates references to equipment to reflect current operations and deletes references to equipment that no longer exists and associated emission limits.

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

    Repeals 326 IAC 11-5 concerning fluoride emissions for existing aluminum plants.

  • Title 675 Fire Prevention and Building Safety Commission -- #01-376 (PDF)

    Amends 675 IAC 14-4.2, the 2001 Indiana Residential Code, so as not to be in conflict with provisions of the 2002 Indiana Electrical Code, 675 IAC 17-1.6. Adds 675 IAC 17-1.6, which adopts by reference and amends the 2002 National Electrical Code 2002 edition first printing, and Errata to the First Printing (Errata date January 18, 2002), both published by the National Fire Protection Association, as the Indiana Electrical Code, 2002 Edition. Repeals 675 IAC 17-1.5.

  • Title 760 Department of Insurance -- #01-399 (PDF)

    Adds 760 IAC 1-5.1 to establish standards for credit life insurance and credit accident and health insurance. Repeals 760 IAC 1-5 and 760 IAC 1-14.

  • Title 762 Indiana Political Subdivision Risk Management Commission -- #02-24 (PDF)

    Adds 762 IAC 2 to address member requirements and procedures, withdrawals by members, procedures for charges to members, including payment and collection thereof, and to otherwise implement IC 27-1-29 and IC 27-1-29.1 regarding the political subdivision risk management fund and catastrophic liability fund.

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

    Adds 844 IAC 4-4.5 concerning requirements for licensure to practice medicine or osteopathic medicine. Adds 844 IAC 4-6-2.1 concerning mandatory renewal notice. Repeals 844 IAC 4-1-1, 844 IAC 4-4.1-1, 844 IAC 4-4.1-2, 844 IAC 4-4.1-3.1, 844 IAC 4-4.1-4.1, 844 IAC 4-4.1-5, 844 IAC 4-4.1-6, 844 IAC 4-4.1-7, 844 IAC 4-4.1-8, 844 IAC 4-4.1-9, 844 IAC 4-4.1-10, 844 IAC 4-4.1-11, 844 IAC 4-5-1, 844 IAC 4-6-2, 844 IAC 4-6-5, 844 IAC 4-6-8, and 844 IAC 4-7-5. Errata

Errata
  • Title 11 Consumer Protection Division of the Office of the Attorney General -- #02-18 (PDF)

  • Title 405 Office of the Secretary of Family and Social Services -- #01-175 (PDF)

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

  • Title 405 Office of the Secretary of Family and Social Services -- #01-393 (PDF)

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

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

  • Title 431 Community Residential Facilities Council -- #01-422 (PDF)

  • Title 511 Indiana State Board of Education -- #01-212 (PDF)

  • Title 515 Professional Standards Board -- #01-171 (PDF)

  • Title 515 Professional Standards Board -- #02-7 Recall Notice (PDF)

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

  • Title 760 Department of Insurance -- #01-399 (PDF)

Withdrawal Notice (PDF)
  • Title 50 Department of Local Government Finance -- #01-366 (PDF)

  • Title 405 Office of the Secretary of Family and Social Services -- #02-185 Emergency Rules (PDF)

Emergency Rules
  • Title 65 State Lottery Commission -- #02-252 (PDF)

    Amends 65 IAC 3-3 concerning retailer contracts. Amends 65 IAC 3-4 concerning retailer operations.

  • Title 65 State Lottery Commission -- #02-253 (PDF)

    Amends 65 IAC 4-2 concerning instant games. Amends 65 IAC 5-2 concerning on-line games.

  • Title 65 State Lottery Commission -- #02-254 (PDF)

    Amends 65 IAC 5-12 concerning the Hoosier Lottery Powerball on-line game.

  • Title 65 State Lottery Commission -- #02-255 (PDF)

    Amends 65 IAC 6 concerning pull-tab rules.

  • Title 65 State Lottery Commission -- #02-257 (PDF)

    Temporarily adds rules concerning instant game number 650.

  • Title 71 Indiana Horse Racing Commission -- #02-250 (PDF)

    Amends 71 IAC 5.5-5-3 concerning responsibilities of jockey agents to file a commission provided form for each jockey he or she represents. Amends 71 IAC 6.5-1-4 concerning the clarification on claiming prohibitions. Adds 71 IAC 7.5-10-1 concerning quarter horse time trials. Adds 71 IAC 8.5-4-8 concerning practicing veterinarians providing notice of scratches in writing. Adds 71 IAC 8.5-5-2 concerning prohibited practices banning certain drugs or substances consistent with RCI recommendations. Amends 71 IAC 8.5-10-6 concerning the clarification of penalties for human drug positives.

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

    Amends 71 IAC 12-2-15 concerning the allocation of riverboat gambling revenue. Amends 71 IAC 12-2-19 concerning the allocation of breakage and outs.

  • Title 540 Indiana Education Savings Authority -- #02-256 (PDF)

    Temporarily amends 540 IAC 1-7-2, 540 IAC 1-8-2, 540 IAC 1-9-2.6, 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, to eliminate any notice and cancellation of account requirements due to interruption of attendance, and to eliminate the once a month limitation on distributions from an account. Authority: IC 21-9-4-7. Notice of Rule Adoption

Notice of Rule Adoption
  • Title 405 Office of the Secretary of Family and Social Services -- #01-373 (PDF)

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

  • 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 -- #02-87 (PDF)

  • Title 405 Office of the Secretary of Family and Social Services -- #02-121 (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 -- #02-141 (PDF)

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

  • Title 440 Division of Mental Health and Addiction -- #02-105 Change of Public Hearing (PDF)

Change of Hearing
  • Title 327 Water Pollution Control Board -- #01-238 Notice of Intent to Adopt a Rule (PDF)

Notice of Intent to Adopt a Rule
  • Title 60 Oversight Committee on Public Records -- #02-261 (PDF)

    The intent and scope of this rule will be to amend the microfilming standards currently set forth at 60 IAC 2. Adds 60 IAC 2-2-3.1 concerning the preparation of documents for microfilming and 60 IAC 2-2-5.1 concerning notice and certification of destruction of records. Repeals 60 IAC 2-1-2, 60 IAC 2-1-3, 60 IAC 2-2-6, and 60 IAC 2-2-7. Public comments are invited and may be addressed to the Oversight Committee on Public Records, ATTENTION: Anne Mullin O'Connor, Indiana Government Center-South, W472, Indianapolis, Indiana 46204, or by calling the following telephone number: (317) 233-9435. Statutory authority: IC 5-15-5.1-20(b).

  • Title 170 Indiana Utility Regulatory Commission -- #02-260 (PDF)

    Adds 170 IAC 1-6 concerning limits on liability in utility tariffs. Effective 30 days after filing with the secretary of state. Questions concerning the proposed rule may be addressed to the following telephone number: (317) 232-6735. Statutory authority: IC 8-1-1-3(g).

  • Title 210 Department of Correction -- #02-259 (PDF)

    Rules to be amended and/or adopted are as follows: 210 IAC 1-6 Collection, Maintenance, and Release of Offender and Juvenile Records; 210 IAC 1-10 Offender Tort Claim Process; 210 IAC 5 RELEASE AUTHORITY FOR JUVENILES. Questions or comments on the amendment or adoption may be directed by mail to the Department of Correction, ATTENTION: Legal Services Division, Indiana Government Center-South, 302 West Washington Street, Room E334, Indianapolis, Indiana 46204 or by electronic mail to visitors@coa.doc.state.in.us. Statutory authority: IC 11-8-2-5(b)(1); IC 11-8-5-2; IC 11-13-6-2; IC 34-13-3-7(d).

  • Title 405 Office of the Secretary of Family and Social Services -- #02-277 (PDF)

    Amends Medicaid regulatory provisions limiting reimbursement for dental services covered by Medicaid. Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-21-3.

  • Title 410 Indiana State Department of Health -- #02-266 (PDF)

    This rule will establish standards for the certification of food handlers for food establishments and the imposition of penalties for violations. 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 16-42-5.2-13.

  • Title 440 Division of Mental Health and Addiction -- #02-265 (PDF)

    Amends 440 IAC 9 to establish standards and requirements for community mental health centers and certified managed care providers regarding family support as part of the required continuum of care for persons needing addiction services, persons with serious mental illness, or children with serious emotional disorders. Statutory authority: IC 12-8-8-4; IC 12-21-2-8; IC 12-21-5-1.5.

  • Title 511 Indiana State Board of Education -- #02-264 (PDF)

    Amends 511 IAC 6.2 to bring the school accountability system into alignment with the federal No Child Left Behind Act of 2001. Changes school improvement and performance categories to create expectation of 100% proficiency of all students and identified subgroups of students in 2013 2014. Identifies student subgroups for purposes of reporting and placing schools into school improvement and performance categories. Requires schools to assess 95% of students in identified subgroups on ISTEP+ tests. Adds alternate means of demonstrating improvement for subgroups of students. Defines "full academic year" for purposes of determining if students are included in making decisions about school and school corporation improvement and performance. Adds provisions to implement the statutory requirement to assess school corporation improvement. Statutory authority: IC 20-1-1-6; IC 20-1-1.2-18; IC 20-10.2-7-1.

  • Title 511 Indiana State Board of Education -- #02-274 (PDF)

    Amends 511 IAC 6.1-5.1-8 to add new courses to the list of approved high school fine arts courses. Designates advanced theatre arts as a laboratory course. Statutory authority: IC 20-1-1-6; IC 20-1-1.2-18.

  • Title 550 Board of Trustees of the Indiana State Teachers' Retirement Fund -- #02-267 (PDF)

    Amends 550 IAC 3 and 550 IAC 4 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 concerning rollovers, service purchases, and enhanced retirement savings opportunities for fund members (Senate Enrolled Act 59). Question or comments on the adoption may be directed by mail to the Indiana State Teachers' Retirement Fund, 150 West Market Street, Suite No. 300, Indianapolis, Indiana 46204 or by electronic mail to tdavidson@trf.state.in.us. Statutory authority: IC 21-6.1-3-6.

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

    Amends 839 IAC 1-3-2 concerning licensure by examination for social workers and clinical social workers; 839 IAC 1-4-5 concerning supervision for marriage and family therapist applicants; and 839 IAC 1-5-1 concerning educational requirements for mental health counselors. Adds 839 IAC 1-5-1.5 concerning experience requirements for mental health counselors. Questions or comments may be directed by mail to the Social Worker, Marriage and Family Therapist, and Mental Health Counselor Board, Indiana Government Center-South, 402 West Washington Street, Room W041, Indianapolis, Indiana 46204, or by electronic mail at wlowhorn@hpb.state.in.us. Statutory authority: IC 25-23.6-2-8.

  • Title 839 Social Worker, Marriage and Family Therapist, and Mental Health Counselor Board -- #02-271 (PDF)

    Amends 839 IAC 1-2-2.1 concerning licensure retirement and 839 IAC 1-2-5 concerning fees. Questions or comments may be directed by mail to the Social Worker, Marriage and Family Therapist, and Mental Health Counselor Board, Indiana Government Center-South, 402 West Washington Street, Room W041, Indianapolis, Indiana 46204, or by electronic mail at wlowhorn@hpb.state.in.us. Statutory authority: IC 25-23.6-2-8.

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

    Amends 844 IAC 5-1-1 concerning definitions. Adds 844 IAC 5-3 concerning the appropriate use of the Internet in medical practice. Adds 844 IAC 5-4 concerning prescribing to persons not seen by the physician. Effective 30 days after filing with the secretary of state. Public comments are invited and may be directed to the Medical Licensing Board of Indiana, ATTENTION: General Counsel, Indiana Government Center-South, 402 West Washington Street, Room W041, Indianapolis, Indiana 46204 or by e-mail to bmcnutt@hpb.state.in.us. Statutory authority: IC 25-22.5-2-7.

  • Title 856 Indiana Board of Pharmacy -- #02-258 (PDF)

    The Indiana Board of Pharmacy intends to adopt a rule concerning limited permits for humane societies, animal control agencies, or governmental entities operating an animal shelter; and concerning storage, security, policy, and procedure for access, handling, and administration of Ketamine, Ketamine products, Tiletimine, Zolazepam, and other controlled substances obtained under the limited permit. Public comments are invited. Statutory authority: IC 35-48-3-2.

  • Title 880 Speech-Language Pathology and Audiology Board -- #02-269 (PDF)

    Adds 880 IAC 1-2.1 concerning speech-language pathology aides. Repeals 880 IAC 1-2 concerning speech-language pathology aides. Questions or comments may be directed by mail to the Speech-Language Pathology and Audiology Board, Indiana Government Center-South, 402 West Washington Street, Room W041, Indianapolis, Indiana 46204, or by electronic mail at wlowhorn@hpb.state.in.us. Statutory authority: IC 25-35.6-2-2. Proposed Rules

Proposed Rules
  • Title 25 Indiana Department of Administration -- #02-150 (PDF)

    Adds 25 IAC 5 concerning minority and women's business enterprises. Repeals 25 IAC 2-19 and 25 IAC 2-20.

  • Title 50 Department of Local Government Finance -- #01-402 (PDF)

    Amends 50 IAC 2.3-1-1 and 50 IAC 2.3-1-2 to update the adoption date of matters incorporated by reference as a result of minor changes and corrections to the 2002 Real Property Assessment Manual and the Real Property Assessment Guidelines for 2002 Version A, published by the state board of tax commissioners and originally dated May 10, 2001, and to eliminate reference to the shelter allowance as required by House Enrolled Act 1001(ss).

  • Title 50 Department of Local Government Finance -- #02-240 (PDF)

    Amends 50 IAC 2.3-1-1 concerning the 2002 Real Property Assessment Manual to provide county assessors more flexibility in selection of methodology in real property assessment.

  • Title 52 Indiana Board of Tax Review -- #02-206 (PDF)

    Adds 52 IAC to establish standards to govern the practice of representatives before the Indiana board of tax review.

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

    Amends 326 IAC 20-25 concerning emissions from reinforced plastics composites fabricating emission units. Adds 326 IAC 20-48 concerning national emission standards for hazardous air pollutants from boat manufacturing.

  • Title 326 Air Pollution Control Board -- #02-122 (PDF)

    Amends 326 IAC 6-1-14 concerning particulate rules, nonattainment area limitations in Wayne County.

  • Title 327 Water Pollution Control Board -- #01-348 (PDF)

    Amends 327 IAC 8-2 and 327 IAC 8-2.1 and adds 327 IAC 8-2.5 and 327 IAC 8-2.6 concerning interim enhanced surface water treatment, disinfectants/disinfection byproducts, and filter backwash.

  • Title 370 State Egg Board -- #01-419 (PDF)

    Amends 370 IAC 1 concerning requirements for processing, transportation, and consumer container identification for shell eggs, including updating matters incorporated by reference. Adds a requirement for safe handling instructions for egg cartons. Makes other substantive and technical changes.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-214 (PDF)

    Amends 405 IAC 1-16-2 to specify the payment level for hospice services on the date that an individual is discharged from inpatient or respite hospice care. Amends 1-16-4 to specify that, in order to receive Medicaid reimbursement for room and board for nursing home residents receiving hospice services, the hospice must have a written agreement with the nursing facility. Amends 405 IAC 5-34-1 to specify that the hospice provider must provide all services in compliance with the Medicaid provider agreement, the appropriate provider manual and all other Medicaid policy documents issued to provider at the time services were rendered, and any applicable state or federal statute or regulations. Amends 405 IAC 5-34-2 to specify licensure and certification requirements for Medicaid hospice providers. Amends 405 IAC 5-34-3 to specify the requirements for Medicaid reimbursement for hospice services provided by out of state hospice providers. Amends 405 IAC 5-34-4 to specify the requirements for obtaining authorization for hospice services. Adds 405 IAC 5-34-4.1 regarding appeals of hospice authorization determinations. Adds 405 IAC 5-34-4.2 to provide for retrospective audit of hospice services including review for medical necessity. Amends 405 IAC 5-34-5 to specify requirements relating to the hospice physician certification form. Amends 405 IAC 5-34-6 to specify requirements relating to election and revocation of hospice services. Amends 405 IAC 5-34-7 to specify requirements relating to the hospice plan of care.

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

    Amends 410 IAC 15-1.5-4 and 410 IAC 15-1.5-5 to remove the 48 hour requirement for authentication of entries in medical records and add requirements regarding appropriate authentication of entries in medical records.

  • Title 470 Division of Family and Children -- #02-74 (PDF)

    Amends 470 IAC 3.1-12-2 to include fees received pursuant to the cost participation legislation (IC 12-17-15-17) as a funding source for assistance to children eligible for early intervention services. Adds 470 IAC 3.1-12-7 to adopt cost participation procedures. This rule originally established a comprehensive system of early intervention services for eligible infants and toddlers with disabilities and their families.

  • Title 470 Division of Family and Children -- #02-203 (PDF)

    Amends 470 IAC 11.1-1-5 to increase the maximum monthly income allowable for participation in the hospital care for the indigent program.

  • Title 760 Department of Insurance -- #02-124 (PDF)

    Amends 760 IAC 1-59 to set filing and implementation requirements for internal grievance procedures.

  • Title 844 Medical Licensing Board of Indiana -- #02-180 (PDF)

    Amends 844 IAC 2.2-2-1, 844 IAC 2.2-2-2, and 844 IAC 2.2-2-5 concerning certification of physician assistants. Amends 844 IAC 2.2-2-8 concerning fees for registration of physician assistants.

  • Title 876 Indiana Real Estate Commission -- #01-369 (PDF)

    Amends 876 IAC 4-2-2 to modify the curricula for salesperson under IC 25-34.1-9-11(a)(1). Amends 876 IAC 4-2-3 to modify the curricula for broker under IC 25-34.1-9-11(a)(1). Amends 876 IAC 4-2-9 to require licensees to obtain six hours of continuing education to reactivate an inactive license during a two year licensure period and to require a licensee who has reactivated their license to obtain 10 hours of continuing education in order to renew the license at the end of the two year licensure period. 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 550 Board of Trustees of the Indiana State Teachers' Retirement Fund -- #02-273 (PDF)

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

AROC Notices
  • Title 760 Department of Insurance -- (PDF)

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

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