Bill Text: IN HB1302 | 2012 | Regular Session | Introduced
Bill Title: In-hospital patient care.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-11 - First reading: referred to Committee on Public Health [HB1302 Detail]
Download: Indiana-2012-HB1302-Introduced.html
Citations Affected: IC 16-18-2; IC 16-21-10.
Synopsis: In-hospital patient care. Requires hospital clinical staff and
hospital clinical trainees to wear identification cards containing certain
information. Requires that certain written information concerning
patient care be given to a patient before admission to a hospital.
Provides that a patient may request that the nurse call the attending
physician regarding the patient's personal medical care. Allows the
patient to call the attending physician or designee. Requires the
hospital to provide a mechanism through which a patient may access
assistance for the resolution of the patient's medical concerns. Provides
for administration and enforcement by the state department of health.
Provides that these requirements do not create a civil cause of action.
Effective: July 1, 2012.
January 10, 2012, read first time and referred to Committee on Public Health.
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
health.
(b) "Attending physician", for purposes of IC 16-21-10, has the meaning set forth in IC 16-21-10-2.
(c) "Attending physician", for purposes of IC 16-36-5, means the licensed physician who has the primary responsibility for the treatment and care of the patient. The term includes a physician licensed in another state.
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 180.6. "Hospital clinical trainee",
for purposes of IC 16-21-10, has the meaning set forth in
IC 16-21-10-4.
Chapter 10. In-Hospital Patient Care
Sec. 1. This chapter does not apply to the following:
(1) A state mental health institution listed in IC 12-24-1-3.
(2) A hospital operated by the federal government.
Sec. 2. As used in this chapter, "attending physician" means a licensed physician who:
(1) has completed the physician's postgraduate medical training;
(2) has medical staff privileges at a hospital; and
(3) has primary responsibility for a patient's care while the patient is in the hospital.
Sec. 3. (a) As used in this chapter, "hospital clinical staff member" means an individual:
(1) who works in a hospital; and
(2) whose duties include the personal care or medical treatment of a patient.
(b) The term includes physicians, physician assistants, nurses, nursing aides, medical technicians, therapists, and other individuals involved in the personal care or medical treatment of a patient.
Sec. 4. (a) As used in this chapter, "hospital clinical trainee" refers to an individual (including students and licensed professionals) who is receiving health care professional training in a hospital, either paid or unpaid, and whose training includes the personal care or medical treatment of a patient.
(b) The term includes medical students, resident physicians, interns, nursing students, and other students and individuals in health care professional training in a hospital.
Sec. 5. (a) Each individual who is a hospital clinical staff member or a hospital clinical trainee of a hospital shall wear an
identification card that clearly states the staff member's or
trainee's:
(1) name;
(2) department; and
(3) job or trainee title.
(b) All hospital clinical trainees must be explicitly identified as
such on their identification cards.
(c) The information required under this section must be clearly
visible and must be stated in terms or abbreviations reasonably
understandable to the average person.
(d) The state department may adopt rules under IC 4-22-2
concerning the format of identification cards required under this
section.
Sec. 6. (a) Except in emergency admissions, a hospital shall
provide to each patient, prior to or at the time of the patient's
admission to the hospital for inpatient care or outpatient surgery,
written information that includes the following:
(1) A description of the general role of each hospital clinical
trainee involved in patient care.
(2) Notification that the attending physician is the person
responsible for the patient's care while the patient is in the
hospital and that the patient's attending physician may
change during the patient's hospitalization depending on the
type of care or services required for the patient.
(3) A description of the information required under section 7
of this chapter.
(4) Information stating generally whether medical students,
interns, or resident physicians may be:
(A) participating in a patient's care;
(B) making treatment decisions for the patient; or
(C) participating in or performing, in whole or in part, any
surgery on the patient.
(b) The document required under this section must be separate
from the general consent for treatment.
(c) If a patient is admitted in an emergency admission, the
hospital shall provide the information required in subsection (a)
not more than twenty-four (24) hours after the patient's admission
to the hospital.
Sec. 7. (a) As used in this section, "mechanism" means a
telephone number, pager number, or other means to allow:
(1) a patient to independently access the hospital's patient
assistance system; and
(2) a hospital clinical staff member or hospital clinical trainee to promptly access the system on behalf of a patient if a patient requests such assistance.
(b) If at any time a patient requests that a nurse call the patient's attending physician regarding the patient's personal medical care, the nurse shall place a call to the attending physician or the physician's designee to communicate the patient's concern. If the patient is able to communicate with and desires to call the patient's attending physician or designee, upon the patient's request, the nurse must provide the patient with the telephone number and assist the patient in placing the call. A nurse or other hospital clinical staff member to whom a request is made or who receives multiple requests may notify the nurse's or staff member's immediate supervisor for assistance.
(c) Each hospital must provide a mechanism, available at all times, through which a patient may access prompt assistance for the resolution of the patient's personal medical care concerns.
(d) Each hospital must establish procedures for the implementation of the mechanism, providing for initiation of contact with administrative or supervisory hospital clinical staff members, who shall promptly assess, or cause to be assessed, the urgent patient care concern and cause the patient care concern to be addressed.
Sec. 8. The state department shall administer and enforce the provisions of this chapter in accordance with procedures and penalties provided in IC 16-21-3.
Sec. 9. (a) This chapter does not create a civil cause of action.
(b) This chapter shall not be construed to preclude a claim that may have otherwise been asserted under common law or any other provision of law.
