Bill Text: IN SB0223 | 2012 | Regular Session | Engrossed
Bill Title: Department of health matters.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Enrolled - Dead) 2012-03-19 - Signed by the Governor [SB0223 Detail]
Download: Indiana-2012-SB0223-Engrossed.html
Citations Affected: IC 16-20; IC 16-37; IC 16-38; IC 16-46.
Effective: July 1, 2012.
(HOUSE SPONSOR _ BROWN T)
January 4, 2012, read first time and referred to Committee on Health and Provider
Services.
January 12, 2012, amended, reported favorably _ Do Pass.
January 23, 2012, read second time, amended, ordered engrossed.
January 24, 2012, engrossed.
January 26, 2012, returned to second reading.
January 30, 2012, re-read second time, amended, ordered engrossed.
January 31, 2012, engrossed. Read third time, passed. Yeas 50, nays 0.
February 9, 2012, read first time and referred to Committee on Public Health.
February 23, 2012, reported _ Do Pass.
February 28, 2012, read second time, amended, ordered engrossed.
Digest Continued
health (department) to adopt rules concerning who may input and retrieve data from the immunization data registry (registry). Allows an individual to file a registry exemption with the department. Allows the state health commissioner to approve persons to whom information from the registry may be released. Removes language that requires the department to convene a panel concerning expanding access to the registry. Removes a requirement that a health care professional work at least one year in a shortage area or at other specified health centers in order to be eligible for the loan repayment program. Requires that the health care professional agree to practice in the shortage area for at least one year. Allows the Indiana health care professional recruitment and retention fund to be used to encourage delivery of health care in shortage areas on a full-time or less than full-time basis.
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.
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A BILL FOR AN ACT to amend the Indiana Code concerning
health.
(1) showing official identification; and
(2) except as provided in subsection (b), receiving consent of the owner or occupant of the premises;
the
(b) A local health officer or the officer's designee shall obtain
the consent of the owner or the occupant of the premises under
subsection (a), except as provided in any of the following
circumstances:
(1) Subject to subsection (c), the local health officer or the
officer's designee obtains an order from a circuit or superior
court in the jurisdiction where the premises is located to
authorize the inspection, investigation, evaluation, testing, or
taking of specimens or samples for testing.
(2) An emergency condition that poses an imminent and
serious threat to the health of an individual or the public and
the local health officer or the officer's designee believes that
a delay could result in a greater health risk.
(3) Entry by a local health officer or the officer's designee to
a public place or an area in plain and open view to determine
compliance with public health laws and rules.
(4) Entry under the terms and conditions of a license issued by
the local health department at any reasonable time if
reasonably necessary to determine compliance with public
health laws and rules and the terms and conditions of the
license.
(c) A court described in subsection (b)(1) may issue an order to
inspect, investigate, evaluate, conduct tests, or take specimens or
samples for testing if the court finds that the local health officer or
the officer's designee, by oath or affirmation, provided reliable
information establishing the violation of a public health law or rule
at the premises.
(b) (d) However, A local health officer, or a person acting under the
local health officer, officer's designee, shall not inspect property in
which the local health officer has any interest, whether real, equitable,
or otherwise. Any such inspection or any attempt to make such
inspection is grounds for removal as provided for in this article.
(c) (e) This section Subsection (d) does not prevent inspection of
premises in which a local health officer has an interest if the premises
cannot otherwise be inspected. If the premises cannot otherwise be
inspected, the county health officer shall inspect the premises
personally.
this section, including any of the following:
(1) Issuing an injunction.
(2) Entering a judgment.
(3) Issuing an order and conditions under IC 16-41-9.
(4) Ordering the suspension or revocation of a license.
(5) Ordering an inspection.
(6) Ordering that a property be vacated.
(7) Ordering that a structure be demolished.
(8) Imposing a penalty not to exceed an amount set forth in
IC 36-1-3-8(a)(10).
(9) Imposing court costs and fees under IC 33-37-4-2 and
IC 33-37-5.
(10) Ordering the respondent to take appropriate action in a
specified time to comply with the order of the local board of
health or local health officer.
(11) Ordering a local board of health or local health officer to
take appropriate action to enforce an order within a specified
time.
(b) The county attorney in which a local board of health or local
health officer has jurisdiction shall represent the local health board and
local health officer in the action unless the county executive, local
board of health, or health and hospital corporation employs other
legal counsel or the matter has been referred through law enforcement
authorities to the prosecuting attorney.
(b) Notwithstanding subsection (a), beginning January 1, 2011, for a death occurring after December 31, 2010, the physician last in attendance upon the deceased or the person in charge of interment shall use the Indiana death registration system established under IC 16-37-1-3.1 to file a certificate of death with the local health officer of the jurisdiction in which the death occurred. The local health officer shall retain a copy of the certificate of death.
shall certify the cause of death upon the certificate of death or of
stillbirth.
(b) Notwithstanding subsection (a), beginning January 1, 2011, for
a death occurring after December 31, 2010, using the Indiana death
registration system established under IC 16-37-1-3.1, if the person in
charge of interment initiates the process, the person in charge of
interment shall electronically provide a certificate of death to the
physician last in attendance upon the deceased. The physician last in
attendance upon the deceased shall electronically certify to the local
health department the cause of death on the certificate of death, using
the Indiana death registration system.
(b) Data in the immunization registry may be used only for the following purposes:
(1) To assure that necessary immunizations are provided and overimmunization is avoided.
(2) To assess immunization coverage rates.
(3) To determine areas of underimmunization and other epidemiological research for disease control purposes.
(4) To document that required immunizations have been provided as required for school or child care admission.
(5) To accomplish other public health purposes as determined by the state department.
(c) The state department may adopt rules under IC 4-22-2 concerning who may input and retrieve information from the immunization data registry.
(b) An exemption from the immunization registry shall be granted if:
(1) the patient; or
(2) the patient's parent or guardian, if the patient is less than eighteen (18) years of age;
has completed and filed
pharmacist's designee a written immunization data exemption form
with either the person who provides the immunization or the state
department.
(b) (c) The state department shall create and provide copies of
immunization data exemption forms to:
(1) providers who are:
(A) licensed under IC 25; and
(B) authorized within the provider's scope of practice to
administer immunizations; and
(2) individuals;
who request the form.
(c) (d) The state department shall distribute, to providers, upon
request, written information to be disseminated to patients that
describes the immunization data registry. The written information must
include the following:
(1) That the provider may report immunization data to the
immunization data registry.
(2) That the patient or the patient's parent or guardian, if the
patient is less than eighteen (18) years of age, has a right to
exempt disclosure of immunization data to the registry and may
prevent disclosure by signing an immunization data exemption
form.
(3) That the patient or the patient's parent or guardian, if the
patient is less than eighteen (18) years of age, may have the
individual's information removed from the immunization data
registry.
(4) Instructions on how to have the information removed.
(b) The state department may release
(c) Subject to subsection (d), the state department may release information in the immunization data registry concerning an individual to the following persons or entities:
(1) The immunization data registry of another state.
(2) A provider or a provider's designee.
(3) A local health department.
(4) An elementary or secondary school that is attended by the
individual.
(5) A child care center that is licensed under IC 12-17.2-4 in
which the individual is enrolled.
(6) The office of Medicaid policy and planning or a contractor of
the office of Medicaid policy and planning.
(7) A child placing agency licensed under IC 31-27.
(8) A college or university (as defined in IC 21-7-13-10) that is
attended by the individual.
(9) As needed, individuals or entities approved by the state
health commissioner.
(d) Before immunization data may be released to an entity, the entity
must enter into an a data use agreement with the state department that
provides that information that identifies a patient will not be released
to any other person without the written consent of the patient.
(e) The state department may release summary statistics regarding
information in the immunization data registry if the summary statistics
do not reveal the identity of an individual. to an entity that has
entered into a data use agreement with the state department.
(f) The state department shall convene a panel to discuss expanding
access to the immunization data registry. The panel must include at
least one (1) representative of an insurance organization and at least
one (1) member of a health maintenance organization. The state
department shall submit the recommendations of the panel to the
legislative council by October 1, 2009, in an electronic format under
IC 5-14-6.
(b) The fund consists of the following:
(1) Appropriations by the general assembly.
(2) Repayments by loan recipients from the Indiana medical and nursing distribution loan fund under IC 25-22.5-9 (repealed July 1, 1987).
(3) Gifts to the fund.
(4) Grants from public or private sources.
(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund.
(d) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
(e) The fund shall be used to do the following:
(1) Provide loan repayment under this chapter.
(2) Pay the costs incurred by the state department in administering
this chapter.
The administrative costs paid from the fund under subdivision (2) may
not exceed thirty thousand dollars ($30,000) per year.
(1) Hold an unlimited license to practice a health care profession in Indiana that has been declared by the state department to be eligible for loan repayment in a specified fiscal year.
(3) Either:
(A) enter into an agreement with the state department; or
(B) provide the state department with a copy of an agreement that the health professional has entered into with a provider in a shortage area;
to practice in the shortage area for at least one (1) year.
(b) The state department shall adopt rules under IC 4-22-2 to ensure that a loan repayment provided under this chapter complies with federal law and regulations.