Bill Text: IN HB1014 | 2012 | Regular Session | Introduced
Bill Title: Health care professionals conscience clause.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-09 - First reading: referred to Committee on Public Policy [HB1014 Detail]
Download: Indiana-2012-HB1014-Introduced.html
Citations Affected: IC 16-18-2-162; IC 16-34-1-5.5; IC 25-22.5-2-7;
IC 25-23-1-7; IC 25-26-13-4; IC 34-30-2-70.5.
Synopsis: Health care professionals conscience clause. Provides that
a health care professional may not be required to dispense a drug or
medical device if the health care professional believes the drug or
medical device would be used to: (1) cause an abortion; (2) destroy an
unborn child; or (3) cause the death of a person by means of assisted
suicide, euthanasia, or mercy killing. Specifies that a health care
professional's refusal to dispense a drug or medical device under those
circumstances may not be the basis for: (1) a claim for damages against
the health care professional, the health care professional's employer, or
the facility where the health care professional is employed; or (2)
disciplinary action against the health care professional. Provides that
an employer who knowingly or intentionally takes disciplinary,
recriminatory, or discriminatory action against a health care
professional who refuses to dispense a drug or medical device under
those circumstances commits health care professional discrimination,
a Class A misdemeanor. Makes a second or subsequent offense a Class
D felony. Authorizes the health care professional's licensing board to
assess additional fines against the employer.
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Public Policy.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
(b) "Health care professional", for purposes of IC 16-27-2, has the meaning set forth in IC 16-27-2-1.
(c) "Health care professional", for purposes of IC 16-34-1-5.5, has the meaning set forth in IC 16-34-1-5.5(a).
(1) a physician, nurse, or pharmacist; or
(2) an individual enrolled in an educational program studying to be a physician, nurse, or pharmacist.
(b) A health care professional may not be required to dispense
a drug or medical device if the health care professional believes
that the drug or medical device would be used to:
(1) cause an abortion;
(2) destroy an unborn child; or
(3) cause the death of a person by means of assisting suicide
(IC 35-42-1-2.5), euthanasia, or mercy killing.
(c) A health care professional's refusal under this section to
dispense a drug or medical device may not be the basis for:
(1) a claim for damages against the health care professional,
the health care professional's employer, or the facility where
the health care professional is employed; or
(2) disciplinary, recriminatory, or discriminatory action
against the health care professional.
(d) An employer who knowingly or intentionally takes
disciplinary, recriminatory, or discriminatory action against a
health care professional employed by the employer because the
health care professional refused to dispense a drug or medical
device under subsection (b) commits health care professional
discrimination, a Class A misdemeanor. However, the offense is a
Class D felony if the employer has a prior unrelated conviction for
a violation of this subsection.
(e) If an employer is convicted of health care professional
discrimination under subsection (d), the health care professional's
licensing board may, after a hearing under IC 4-21.5-3, assess
against the employer a fine of not more than five thousand dollars
($5,000) for a first offense and a fine of not more than ten thousand
dollars ($10,000) for a second or subsequent offense. A fine
assessed under this subsection is in addition to any fine or other
penalty imposed under subsection (d).
(1) Adopt rules and forms necessary to implement this article that concern, but are not limited to, the following areas:
(A) Qualification by education, residence, citizenship, training, and character for admission to an examination for licensure or by endorsement for licensure.
(B) The examination for licensure.
(C) The license or permit.
(D) Fees for examination, permit, licensure, and registration.
(E) Reinstatement of licenses and permits.
(F) Payment of costs in disciplinary proceedings conducted by
the board.
(2) Administer oaths in matters relating to the discharge of its
official duties.
(3) Enforce this article and assign to the personnel of the agency
duties as may be necessary in the discharge of the board's duty.
(4) Maintain, through the agency, full and complete records of all
applicants for licensure or permit and of all licenses and permits
issued.
(5) Make available, upon request, the complete schedule of
minimum requirements for licensure or permit.
(6) Issue, at the board's discretion, a temporary permit to an
applicant for the interim from the date of application until the
next regular meeting of the board.
(7) Issue an unlimited license, a limited license, or a temporary
medical permit, depending upon the qualifications of the
applicant, to any applicant who successfully fulfills all of the
requirements of this article.
(8) Adopt rules establishing standards for the competent practice
of medicine, osteopathic medicine, or any other form of practice
regulated by a limited license or permit issued under this article.
(9) Adopt rules regarding the appropriate prescribing of Schedule
III or Schedule IV controlled substances for the purpose of weight
reduction or to control obesity.
(10) Adopt rules establishing standards for office based
procedures that require moderate sedation, deep sedation, or
general anesthesia.
(b) The board may adopt rules that establish:
(1) certification requirements for child death pathologists;
(2) an annual training program for child death pathologists under
IC 16-35-7-3(b)(2); and
(3) a process to certify a qualified child death pathologist.
(c) The board may fine an employer under IC 16-34-1-5.5(e).
(1) Adopt under IC 4-22-2 rules necessary to enable it to carry into effect this chapter.
(2) Prescribe standards and approve curricula for nursing education programs preparing persons for licensure under this chapter.
(3) Provide for surveys of such programs at such times as it considers necessary.
(4) Accredit such programs as meet the requirements of this chapter and of the board.
(5) Deny or withdraw accreditation from nursing education programs for failure to meet prescribed curricula or other standards.
(6) Examine, license, and renew the license of qualified applicants.
(7) Issue subpoenas, compel the attendance of witnesses, and administer oaths to persons giving testimony at hearings.
(8) Cause the prosecution of all persons violating this chapter and have power to incur necessary expenses for these prosecutions.
(9) Adopt rules under IC 4-22-2 that do the following:
(A) Prescribe standards for the competent practice of registered, practical, and advanced practice nursing.
(B) Establish with the approval of the medical licensing board created by IC 25-22.5-2-1 requirements that advanced practice nurses must meet to be granted authority to prescribe legend drugs and to retain that authority.
(C) Establish, with the approval of the medical licensing board created by IC 25-22.5-2-1, requirements for the renewal of a practice agreement under section 19.4 of this chapter, which shall expire on October 31 in each odd-numbered year.
(10) Keep a record of all its proceedings.
(11) Collect and distribute annually demographic information on the number and type of registered nurses and licensed practical nurses employed in Indiana.
(12) Adopt rules and administer the interstate nurse licensure compact under IC 25-23.3.
(b) The board may do the following:
(1) Create ad hoc subcommittees representing the various nursing specialties and interests of the profession of nursing. Persons appointed to a subcommittee serve for terms as determined by the board.
(2) Utilize the appropriate subcommittees so as to assist the board with its responsibilities. The assistance provided by the subcommittees may include the following:
(A) Recommendation of rules necessary to carry out the duties of the board.
(B) Recommendations concerning educational programs and requirements.
(C) Recommendations regarding examinations and licensure of applicants.
(3) Appoint nurses to serve on each of the ad hoc subcommittees.
(4) Withdraw from the interstate nurse licensure compact under IC 25-23.2 (repealed).
(5) If requested by the nonprofit corporation formed under IC 12-31-1-3, provide assistance to the public umbilical cord blood bank and umbilical cord blood donation initiative.
(6) Fine an employer under IC 16-34-1-5.5(e).
(c) Nurses appointed under subsection (b) must:
(1) be committed to advancing and safeguarding the nursing profession as a whole; and
(2) represent nurses who practice in the field directly affected by a subcommittee's actions.
(1)
(2) establish requirements and tests to determine the moral, physical, intellectual, educational, scientific, technical, and professional qualifications for applicants for pharmacists' licenses;
(3) refuse to issue, deny, suspend, or revoke a license or permit or place on probation or fine any licensee or permittee under this chapter;
(4) regulate the sale of drugs and devices in the state of Indiana;
(5) impound, embargo, confiscate, or otherwise prevent from disposition any drugs, medicines, chemicals, poisons, or devices which by inspection are deemed unfit for use or would be dangerous to the health and welfare of the citizens of the state of Indiana; the board shall follow those embargo procedures found in IC 16-42-1-18 through IC 16-42-1-31, and persons may not refuse to permit or otherwise prevent members of the board or their representatives from entering such places and making such inspections;
(6) prescribe minimum standards with respect to physical characteristics of pharmacies, as may be necessary to the maintenance of professional surroundings and to the protection of the safety and welfare of the public;
(7) subject to IC 25-1-7, investigate complaints, subpoena witnesses, schedule and conduct hearings on behalf of the public interest on any matter under the jurisdiction of the board;
(8) prescribe the time, place, method, manner, scope, and subjects
of licensing examinations which shall be given at least twice
annually; and
(9) perform such other duties and functions and exercise such
other powers as may be necessary to implement and enforce this
chapter; and
(10) fine an employer under IC 16-34-1-5.5(e);
(b) The board shall adopt rules under IC 4-22-2 for the following:
(1) Establishing standards for the competent practice of
pharmacy.
(2) Establishing the standards for a pharmacist to counsel
individuals regarding the proper use of drugs.
(3) Establishing standards and procedures before January 1, 2006,
to ensure that a pharmacist:
(A) has entered into a contract that accepts the return of
expired drugs with; or
(B) is subject to a policy that accepts the return of expired
drugs of;
a wholesaler, manufacturer, or agent of a wholesaler or
manufacturer concerning the return by the pharmacist to the
wholesaler, the manufacturer, or the agent of expired legend drugs
or controlled drugs. In determining the standards and procedures,
the board may not interfere with negotiated terms related to cost,
expenses, or reimbursement charges contained in contracts
between parties, but may consider what is a reasonable quantity
of a drug to be purchased by a pharmacy. The standards and
procedures do not apply to vaccines that prevent influenza,
medicine used for the treatment of malignant hyperthermia, and
other drugs determined by the board to not be subject to a return
policy. An agent of a wholesaler or manufacturer must be
appointed in writing and have policies, personnel, and facilities
to handle properly returns of expired legend drugs and controlled
substances.
(c) The board may grant or deny a temporary variance to a rule it
has adopted if:
(1) the board has adopted rules which set forth the procedures and
standards governing the grant or denial of a temporary variance;
and
(2) the board sets forth in writing the reasons for a grant or denial
of a temporary variance.
(d) The board shall adopt rules and procedures, in consultation with
the medical licensing board, concerning the electronic transmission of
prescriptions. The rules adopted under this subsection must address the
following:
(1) Privacy protection for the practitioner and the practitioner's
patient.
(2) Security of the electronic transmission.
(3) A process for approving electronic data intermediaries for the
electronic transmission of prescriptions.
(4) Use of a practitioner's United States Drug Enforcement
Agency registration number.
(5) Protection of the practitioner from identity theft or fraudulent
use of the practitioner's prescribing authority.
(e) The governor may direct the board to develop:
(1) a prescription drug program that includes the establishment of
criteria to eliminate or significantly reduce prescription fraud; and
(2) a standard format for an official tamper resistant prescription
drug form for prescriptions (as defined in IC 16-42-19-7(1)).
The board may adopt rules under IC 4-22-2 necessary to implement
this subsection.
(f) The standard format for a prescription drug form described in
subsection (e)(2) must include the following:
(1) A counterfeit protection bar code with human readable
representation of the data in the bar code.
(2) A thermochromic mark on the front and the back of the
prescription that:
(A) is at least one-fourth (1/4) of one (1) inch in height and
width; and
(B) changes from blue to clear when exposed to heat.
(g) The board may contract with a supplier to implement and
manage the prescription drug program described in subsection (e). The
supplier must:
(1) have been audited by a third party auditor using the SAS 70
audit or an equivalent audit for at least the three (3) previous
years; and
(2) be audited by a third party auditor using the SAS 70 audit or
an equivalent audit throughout the duration of the contract;
in order to be considered to implement and manage the program.
