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Indiana Register - February 1, 2004

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February 1, 2004, Volume 27, Number 5, Pages 1547-1770 (PDF)
Final Rules
  • Title 250 Law Enforcement Training Board -- #02-339 (WordPerfect) (PDF)

    Adds 250 IAC 2 to replace 250 IAC 1, which expired under IC 4-22-2.5, effective January 1, 2003. This comprehensive series of new administrative rules regarding the training of law enforcement officers deals with, among other matters: general provisions; definitions; basic training mandated for law enforcement officers; minimum standards regarding acceptance of persons for training; minimum curriculum, attendance, equipment, and facility requirements; police chief executive training; prebasic training course; inservice training; training status report; reserve police officers; minimum qualifications for instructors; and Indiana Law Enforcement Academy police officers.

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

    Amends 327 IAC 5-1-1.5 and 327 IAC 15-3-2 and adds 327 IAC 15-14 concerning on-site residential sewage discharging disposal systems in Allen County.

  • Title 410 Indiana State Department of Health -- #03-19 (WordPerfect) (PDF)

    Amends 410 IAC 3-3-7.1 to increase the newborn screening fee.

  • Title 760 Department of Insurance -- #03-160 (WordPerfect) (PDF)

    Amends 760 IAC 1-50 regarding continuing education providers to conform with P.L.132-2001.

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

    Amends 848 IAC 5-1-1 and 848 IAC 5-1-3 concerning prescriptive authority for advanced practice nursing.

  • Title 856 Indiana Board of Pharmacy -- #03-191 (WordPerfect) (PDF)

    Amends 856 IAC 1-27-1 concerning the fee for certification as a pharmacy technician.

Errata Notice of Recall
  • Title 405 Office of the Secretary of Family and Social Services -- #03-66 (WordPerfect) (PDF)

Emergency Rules
  • Title 52 Indiana Board of Tax Review -- #03-327 (WordPerfect) (PDF)

    Temporarily adds provisions establishing appeal procedures for the Indiana board of tax review and parties appearing before the board to follow until such time as permanent procedural rules are approved and filed with the secretary of state. Authority: HEA 1714, P.L.245-2003, SECTION 25; IC 6-1.5-6-1; IC 4-22-2-37.1.

  • Title 52 Indiana Board of Tax Review -- #03-328 (WordPerfect) (PDF)

    Temporarily adds provisions establishing small claims appeal procedures for the Indiana board of tax review and parties appearing before the board to follow until such time as permanent procedural rules are approved and filed with the secretary of state. Authority: HEA 1714, P.L.245-2003, SECTION 25; IC 6-1.5-6-1; IC 4-22-2-37.1.

  • Title 65 State Lottery Commission -- #03-314 (WordPerfect) (PDF)

    Amends 65 IAC 5-5 concerning independent Daily3 selection events, the addition of midday drawings, multidraws, maximum purchase increments, and other minor related matters. Amends 65 IAC 5-6 concerning independent Daily4 selection events, the addition of midday drawings, multidraws, maximum purchase increments, and other minor related matters. Amends 65 IAC 5-9 concerning independent Daily4 selection events, the addition of midday drawings, multidraws, and other minor related matters.

  • Title 65 State Lottery Commission -- #03-334 (WordPerfect) (PDF)

    Amends 65 IAC 4-2-3 to remove references to clarify instant game termination and suspension practices. Amends 65 IAC 4-2-5 to clarify end of game practice. Amends 65 IAC 4-3-1 to clarify that instant tickets must be claimed within 60 days after the end of the game as determined by the director. Amends 65 IAC 4-3-2 by removing the word "announced".

  • Title 65 State Lottery Commission -- #03-335 (WordPerfect) (PDF)

    Temporarily adds rules concerning instant game number 677.

  • Title 65 State Lottery Commission -- #03-336 (WordPerfect) (PDF)

    Temporarily adds rules concerning instant game number 678.

  • Title 65 State Lottery Commission -- #03-337 (WordPerfect) (PDF)

    Temporarily adds rules concerning instant game number 679.

  • Title 65 State Lottery Commission -- #03-338 (WordPerfect) (PDF)

    Adds 65 IAC 4-336 concerning instant game number 680.

  • Title 65 State Lottery Commission -- #03-339 (WordPerfect) (PDF)

    Temporarily adds rules concerning instant game number 712.

  • Title 312 Natural Resources Commission -- #03-341 (WordPerfect) (PDF)

    Temporarily supplements standards pertaining to the registration of off-road vehicles and snowmobiles.

  • Title 326 Air Pollution Control Board -- #04-9 (WordPerfect) (PDF)

    Temporarily adds provisions to clarify what provisions apply to persons subject to the permit by rule program established under 326 IAC 2-10. Authority: IC 4-22-2-37.1(a)(14).

  • Title 405 Office of the Secretary of Family and Social Services -- #03-340 (WordPerfect) (PDF)

    Temporarily amends 405 IAC 2-3-1.1 regarding the Medicaid penalty for transfers of assets for less than fair market value. Authority: IC 4-22-2-37.1(a)(20); IC 12-8-1-12(c).

Notice of Rule Adoption
  • Title 405 Office of the Secretary of Family and Social Services -- #03-66 (WordPerfect) (PDF)

  • Title 405 Office of the Secretary of Family and Social Services -- #03-205 (WordPerfect) (PDF)

Change in Notice of Public Hearing Notice of Intent to Adopt a Rule
  • Title 35 Board of Trustees of the Public Employees' Retirement Fund -- #04-18 (WordPerfect) (PDF)

    Amends 35 IAC 8 and adds 35 IAC 10 and 35 IAC 12 to conform to changes made to the Internal Revenue Code by the federal Economic Growth and Tax Relief Reconciliation Act of 2001 and provide enhanced retirement savings opportunities concerning rollovers and service purchases for Fund members. Statutory authority: IC 5-10.3-3-8.

  • Title 312 Natural Resources Commission -- #04-3 (WordPerfect) (PDF)

    Adds 312 IAC 6.5 to assist in the registration of off-road vehicles and snowmobiles under IC 14-16-1. (This subject is currently governed by a temporary rule published as LSA Document #03-341(E).) Questions concerning the proposed new rule may be directed to the following telephone number: (317) 233-3322 or e-mail address: slucas@dnr.state.in.us. Statutory authority: IC 14-10-2-4; IC 14-16-1.

  • Title 312 Natural Resources Commission -- #04-4 (WordPerfect) (PDF)

    Amends standards addressing the construction and maintenance of marinas along or within public waters. Clarifies that the operators of marinas must maintain functioning watercraft pumpout facilities. Authorizes the department's division of law enforcement to exempt marinas that service only watercraft without marine sanitation devices or those with qualified agreements to have pumpout services provided by a nearby marina or similar facility. Questions concerning the proposed new rule may be directed to the following telephone number: (317) 233-3322 or e-mail address: slucas@dnr.state.in.us. Statutory authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3; IC 14-26-2-23; IC 14-29-1-8.

  • Title 345 Indiana State Board of Animal Health -- #04-15 (WordPerfect) (PDF)

    The rule will amend 345 IAC 7-3.5 concerning nonambulatory animals at markets. The rule will amend meat and poultry inspection rules in 345 IAC 9 to facilitate prevention of and surveillance for bovine spongiform encephalopathy (BSE), including prohibiting the slaughter of nonambulatory cattle for human food, prohibiting meat and meat products from nonambulatory cattle to be distributed for human food, requiring carcasses tested for BSE to be held until test results are obtained, prohibiting the distribution of carcasses and parts of BSE positive animals, declaring certain animal parts specified risk materials, amending rules governing products produced using advanced meat recovery technology, prohibiting air-injection stunning of cattle, and further regulating or prohibiting the use of mechanically separated meat in human food. Updates matters incorporated by reference. Makes other changes in the law of meat and poultry inspection. Comments on the proposed rule may be sent to the Indiana State Board of Animal Health, Attention: Legal Affairs, 805 Beachway Drive, Suite 50, Indianapolis, Indiana 46224, or by electronic mail to ghaynes@boah.state.in.us. Statutory authority: IC 15-2.1-3-19.

  • Title 345 Indiana State Board of Animal Health -- #04-16 (WordPerfect) (PDF)

    The rule will amend requirements to exhibit livestock and other animals in 345 IAC 7-5, including removing the requirement for a pseudorabies test of exhibition swine and removing all tests and vaccinations, other than rabies vaccination, for exhibition dogs and cats. Submit questions or comments to the Indiana State Board of Animal Health, Attention: Legal Affairs, 805 Beachway Drive, Suite 50, Indianapolis, IN 46224, or by electronic mail to ghaynes@boah.state.in.us. Statutory authority: IC 15-2.1-3-19.

  • Title 410 Indiana State Department of Health -- #04-1 (WordPerfect) (PDF)

    Amends 410 IAC 6-12 regarding requirements for plan review and construction permits and adds fees for plan reviews. Written comments may be submitted to the Indiana State Department of Health, Health Care Regulatory Services Commission, 2 North Meridian Street, Indianapolis, Indiana 46204. Statutory authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-19-5-1.

  • Title 410 Indiana State Department of Health -- #04-2 (WordPerfect) (PDF)

    The rules will establish minimum sanitary standards for the operation of retail food establishments. Written comments may be submitted to the Indiana State Department of Health, Health Care Regulatory Services Commission, 2 North Meridian Street, Indianapolis, Indiana 46204. Statutory authority: IC 16-42-5-5.

  • Title 410 Indiana State Department of Health -- #04-7 (WordPerfect) (PDF)

    Adds 410 IAC 16.2-3.1-53 and 410 IAC 16.2-5-13 to administer the feeding assistant program in comprehensive and residential facilities. Amends 410 IAC 16.2-3.1-14(q)(5) and 410 IAC 16.2-5-1.4(h)(5) to include feeding assistant certificate or letter of completion. Adds 410 IAC 16.2-1.1-25.3 to define feeding assistant. Written comments may be submitted to the Indiana State Department of Health, Health Care Regulatory Services Commission, 2 North Meridian Street #5A, Indianapolis, Indiana 46204. Statutory authority: IC 16-28-1-7; IC 16-28-1-12.

  • Title 675 Fire Prevention and Building Safety Commission -- #04-8 (WordPerfect) (PDF)

    To amend the Indiana Residential Code, 675 IAC 14-4.2, to make substantive and clarifying changes. Public comments are invited and may be directed to the Department of Fire and Building Services, Attention: Technical Services, Indiana Government Center-South, 402 West Washington Street, Room W246, Indianapolis, Indiana 46204 or by e-mail at jweesner@sema.state.in.us.Statutory authority: IC 22-13-2-2; IC 22-13-2-13.

  • Title 844 Medical Licensing Board of Indiana -- #04-17 (WordPerfect) (PDF)

    This rule makes changes regarding the practice of hypnotists and hypnotherapists. Establishes the definition for treatment and the requirements to perform hypnosis in a group setting. Questions or comments concerning the proposed rules may be directed to: Hypnotist Committee, Indiana Government Center-South, 402 West Washington Street, Room W066, Indianapolis, Indiana 46204 or by electronic mail to tthompson@hpb.state.in.us. Statutory authority: IC 25-20.5-1-9.

  • Title 872 Indiana Board of Accountancy -- #04-5 (WordPerfect) (PDF)

    Amends 872 IAC 1-3-16 to revise the prorated continuing professional education requirement for the three year licensure period (reporting period) in progress at the time a certificate is issued or reactivated (either from having previously lapsed or from inactive status) during a reporting period in progress and to establish a prorated minimum continuing professional education requirement for individuals each year of the reporting period in progress when a certificate is issued or reactivated during a reporting period in progress. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Board Director, 302 West Washington Street, Room E034, Indianapolis, Indiana 46204-2700 or by electronic mail at pla11@pla.state.in.us. Statutory authority: IC 25-2.1-2-15; IC 25-2.1-4-5.

Proposed Rules
  • Title 312 Natural Resources Commission -- #03-296 (WordPerfect) (PDF)

    Amends 312 IAC to update cross-references to other laws, to incorporate emergency rules already in effect as permanent rules, and to include definitions that clarify the current administration of programs.

  • Title 326 Air Pollution Control Board -- #03-284 (WordPerfect) (PDF)

    Adds 326 IAC 20-57 concerning pharmaceuticals production; 326 IAC 20-58 concerning amino and phenolic resins; 326 IAC 20-59 concerning polyether polyols productions; 326 IAC 20-60 concerning solvent extraction for vegetable oil production; 326 IAC 20-61 concerning semiconductor manufacturing; 326 IAC 20-62 concerning refractory products manufacturing; and 326 IAC 20-70 concerning secondary aluminum.

  • Title 410 Indiana State Department of Health -- #03-216 (WordPerfect) (PDF)

    Amends 410 IAC 15-1.5-8, 410 IAC 15-1.7-1, 410 IAC 15-2.5-7, and 410 IAC 15-2.7-1 to update the requirement for the Life Safety Code for hospitals and ambulatory outpatient surgical centers.

  • Title 414 Hospital Council -- #03-277 (WordPerfect) (PDF)

    Adds 414 IAC to set licensure fees for hospitals and ambulatory outpatient surgical centers.

  • Title 470 Division of Family and Children -- #03-232 (WordPerfect) (PDF)

    Adds 470 IAC 3-4.8 for the emergency or temporary closure of child care centers and child care homes and establishes a list of violations as required by IC 12-17.2-4-18.7 and IC 12-17.2-5-18.7 that would impose an immediate threat to the life and well-being of a child in the care of a child care licensee and procedures that will be used to invoke an emergency or temporary closure of a child care center or child care home.

  • Title 470 Division of Family and Children -- #03-233 (WordPerfect) (PDF)

    Adds 470 IAC 3-18 to establish the eligibility requirements and standards child care providers, who want to participate in the Child Care and Development Fund voucher program, must meet, prior to participation in the Child Care and Development Fund voucher program, in order to be eligible to receive a voucher payment under the Child Care and Development Fund voucher program.

  • Title 514 Indiana School for the Deaf Board -- #03-298 (WordPerfect) (PDF)

    Adds 514 IAC to establish criteria for admission of children with hearing disabilities, including children with multiple disabilities, at the Indiana School for the Deaf.

  • Title 844 Medical Licensing Board of Indiana -- #03-261 (WordPerfect) (PDF)

    Amends 844 IAC 6-1-4 to incorporate by reference the April 2002 edition of Commission on Accreditation in Physical Therapy Education, Accreditation Handbook. Amends 844 IAC 6-3-1 to revise the requirements for licensure by endorsement for physical therapists and physical therapist's assistants. Amends 844 IAC 6-3-2 to revise the requirements for licensure by examination for physical therapists and physical therapist's assistants. Amends 844 IAC 6-3-4 to revise the application requirements for licensure as a physical therapist and certification for physical therapist's assistants. Amends 844 IAC 6-3-5 to revise the requirements for a temporary permit. Adds 844 IAC 6-3-6 to establish requirements for the collection and use of the Social Security number for applicants who apply for a license, certificate, or permit under IC 25-27-1. Amends 844 IAC 6-4-3 to change registration to certificate. Amends 844 IAC 6-6 to modify the requirements for the reinstatement of a suspended license to practice as a physical therapist and a certificate to act as a physical therapist's assistant. Amends 844 IAC 6-7 to revise the standards of professional conduct and competent practice of physical therapy and practice as a physical therapist's assistant. Repeals 844 IAC 6-6-1 and 844 IAC 6-6-2.

  • Title 876 Indiana Real Estate Commission -- #03-273 (WordPerfect) (PDF)

    Amends 876 IAC 3-2-7 to revise the fee schedule for the application for the issuance of a permit for temporary practice. Adds 876 IAC 3-5-2.5 to require approval of continuing education courses and to establish the criteria for approval for continuing education courses.

  • Title 910 Civil Rights Commission -- #03-254 (WordPerfect) (PDF)

    Adds 910 IAC 2-4-6 through 910 IAC 2-4-10 concerning housing intended and operated for persons at least 55 years of age.

Readopted Rules AROC Notices IC 13-14-9 Notices
  • Title 326 Air Pollution Control Board -- #03-282 (WordPerfect) (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to 326 IAC 7-4-13 concerning Dearborn County sulfur dioxide (SO2) emission limitations. 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.

  • Title 327 Water Pollution Control Board -- #04-13 (WordPerfect) (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to 327 IAC 8-2 concerning radionuclides, long term 1 enhanced surface water treatment, arsenic, minor corrections to interim enhanced surface water treatment, disinfectants and disinfection byproducts, lead and copper, public notification, and analytical methods for public drinking water systems. IDEM seeks comment on the affected citations listed and any other provisions of Title 327 that may be affected by this rulemaking.

Nonrule Policy Documents (WordPerfect) (PDF)

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