Bill Text: IN SB0389 | 2012 | Regular Session | Introduced
Bill Title: Provider reporting of domestic violence.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-09 - First reading: referred to Committee on Corrections, Criminal, and Civil Matters [SB0389 Detail]
Download: Indiana-2012-SB0389-Introduced.html
Citations Affected: IC 16-18-2; IC 16-40-6; IC 34-30-2-79.5.
Synopsis: Provider reporting of domestic violence. Requires a health
care provider to: (1) implement protocols and policies for the
identification of domestic violence and to offer intervention and
treatment services; and (2) report an incident of domestic violence to
the local law enforcement agency. Specifies information to be included
in the report. Provides civil and criminal immunity for a person who is
required to report an incident of domestic violence.
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
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.
(1) An individual, a partnership, a corporation, a professional corporation, a facility, or an institution licensed or legally authorized by this state to provide health care or professional services as a licensed physician, a psychiatric hospital, a hospital, a health facility, an emergency ambulance service (IC 16-31-3), a dentist, a registered or licensed practical nurse, a midwife, an optometrist, a pharmacist, a podiatrist, a chiropractor, a physical therapist, a respiratory care practitioner, an occupational therapist, a psychologist, a paramedic, an emergency medical technician, an
emergency medical technician-basic advanced, an emergency
medical technician-intermediate, or a person who is an officer,
employee, or agent of the individual, partnership, corporation,
professional corporation, facility, or institution acting in the
course and scope of the person's employment.
(2) A college, university, or junior college that provides health
care to a student, a faculty member, or an employee, and the
governing board or a person who is an officer, employee, or agent
of the college, university, or junior college acting in the course
and scope of the person's employment.
(3) A blood bank, community mental health center, community
mental retardation center, community health center, or migrant
health center.
(4) A home health agency (as defined in IC 16-27-1-2).
(5) A health maintenance organization (as defined in
IC 27-13-1-19).
(6) A health care organization whose members, shareholders, or
partners are health care providers under subdivision (1).
(7) A corporation, partnership, or professional corporation not
otherwise qualified under this subsection that:
(A) provides health care as one (1) of the corporation's,
partnership's, or professional corporation's functions;
(B) is organized or registered under state law; and
(C) is determined to be eligible for coverage as a health care
provider under IC 34-18 for the corporation's, partnership's, or
professional corporation's health care function.
Coverage for a health care provider qualified under this subdivision is
limited to the health care provider's health care functions and does not
extend to other causes of action.
(b) "Health care provider", for purposes of IC 16-35, has the
meaning set forth in subsection (a). However, for purposes of IC 16-35,
the term also includes a health facility (as defined in section 167 of this
chapter).
(c) "Health care provider", for purposes of IC 16-36-5, means an
individual licensed or authorized by this state to provide health care or
professional services as:
(1) a licensed physician;
(2) a registered nurse;
(3) a licensed practical nurse;
(4) an advanced practice nurse;
(5) a licensed nurse midwife;
(6) a paramedic;
(7) an emergency medical technician;
(8) an emergency medical technician-basic advanced;
(9) an emergency medical technician-intermediate; or
(10) a first responder, as defined under IC 16-18-2-131.
The term includes an individual who is an employee or agent of a health care provider acting in the course and scope of the individual's employment.
(d) "Health care provider", for purposes of IC 16-40-4, means any of the following:
(1) An individual, a partnership, a corporation, a professional corporation, a facility, or an institution licensed or authorized by the state to provide health care or professional services as a licensed physician, a psychiatric hospital, a hospital, a health facility, an emergency ambulance service (IC 16-31-3), an ambulatory outpatient surgical center, a dentist, an optometrist, a pharmacist, a podiatrist, a chiropractor, a psychologist, or a person who is an officer, employee, or agent of the individual, partnership, corporation, professional corporation, facility, or institution acting in the course and scope of the person's employment.
(2) A blood bank, laboratory, community mental health center, community mental retardation center, community health center, or migrant health center.
(3) A home health agency (as defined in IC 16-27-1-2).
(4) A health maintenance organization (as defined in IC 27-13-1-19).
(5) A health care organization whose members, shareholders, or partners are health care providers under subdivision (1).
(6) A corporation, partnership, or professional corporation not otherwise specified in this subsection that:
(A) provides health care as one (1) of the corporation's, partnership's, or professional corporation's functions;
(B) is organized or registered under state law; and
(C) is determined to be eligible for coverage as a health care provider under IC 34-18 for the corporation's, partnership's, or professional corporation's health care function.
(7) A person that is designated to maintain the records of a person described in subdivisions (1) through (6).
(e) "Health care provider", for purposes of IC 16-45-4, has the meaning set forth in 47 CFR 54.601(a).
(f) "Health care provider", for purposes of IC 16-40-6, means:
(1) any:
(A) individual, partnership, corporation, professional corporation, facility, or institution licensed or legally authorized by the state to provide health care or professional services as:
(i) a licensed physician;
(ii) a psychiatric hospital;
(ii) a hospital;
(iv) a health facility;
(v) an emergency ambulance service (operating under IC 16-31-3);
(vi) a dentist;
(vii) a registered or licensed practical nurse;
(viii) a midwife;
(ix) an optometrist;
(x) a pharmacist;
(xi) a podiatrist;
(xii) a chiropractor;
(xiii) a physical therapist;
(xiv) a respiratory care practitioner;
(xv) an occupational therapist;
(xvi) a psychologist;
(xvii) a paramedic;
(xviii) an emergency medical technician;
(xix) an emergency medical technician-basic advanced; or
(xx) an emergency medical technician-intermediate; or
(B) person who:
(i) is an officer, employee, or agent of an individual, partnership, corporation, professional corporation, facility, or institution referred to in clause (A); and
(ii) is acting in the course and scope of the person's employment;
(2) a college, university, or junior college that provides health care to a student, faculty member, or employee, the governing board of the college, university, or junior college, or a person who is an officer, employee, or agent of the college, university, or junior college and is acting in the course and scope of the person's employment; or
(3) a blood bank, community mental health center, community mental retardation center, community health center, or migrant health center.
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]:
Chapter 6. Reporting of Domestic Violence
Sec. 1. As used in this chapter, "domestic violence" means an act
by an individual:
(1) that includes:
(A) the use of physical force; or
(B) a threat to use a deadly weapon; and
(2) that is committed against:
(A) a current or former spouse, parent, or guardian of the
individual;
(B) a person with whom the individual shared a child in
common;
(C) a person who is cohabiting with or had cohabited with
the individual as a spouse, parent, or guardian;
(D) a person who occupies or had occupied a position
similar to that of a spouse, parent, or guardian of the
individual; or
(E) a person with whom the individual is participating or
has participated in an intimate relationship.
Sec. 2. (a) The purpose of this chapter is to address the major
public issue of family and intimate partner violence.
(b) This chapter does not apply to an incident of child abuse that
is required to be reported under IC 31-33-5.
Sec. 3. A health care provider shall implement protocols and
policies to:
(1) identify;
(2) offer intervention to; and
(3) provide treatment services to;
a victim of domestic violence.
Sec. 4. (a) Except as provided in subsections (b) and (c), a health
care provider who has:
(1) reason to believe that an individual is a victim of domestic
violence; and
(2) the informed consent of the victim for the making of the
report;
shall make an oral report to the local law enforcement agency that
the individual may be a victim of domestic violence.
(b) A health care provider that is a facility may develop a policy
under which the information that must be included in a report
under this section is provided to a designated agent of the facility
whose responsibilities include providing the notification required
in subsection (a) to the local law enforcement agency.
(c) A health care provider who has reason to believe that an
individual is a victim of domestic violence may report to the local
law enforcement agency that the individual may be a victim of
domestic violence without the consent of the individual if the health
care provider reasonably believes that the individual's failure to
consent to the report is due to coercion.
(d) A report made under this section must include the following
information:
(1) The name and address of the alleged victim.
(2) The name and address, if known, of the person allegedly
responsible for the domestic violence.
(3) The nature and apparent extent of the alleged victim's
injuries.
(4) The identity of the person making the report, and where
that person can be reached.
(5) Any other information the person making the report
believes may be helpful to an investigation into the allegations.
Sec. 5. (a) A health care provider:
(1) who has a duty under section 4 of this chapter to report to
the local law enforcement agency that an individual may be a
victim of domestic violence; and
(2) who reports in good faith to the local law enforcement
agency that the individual may be a victim of domestic
violence;
is immune from civil and criminal liability arising from the making
of the report.
(b) A health care provider who:
(1) does not have the consent of the individual to make the
report to the local law enforcement agency, but reasonably
believes that the individual's failure to consent to the making
of a report to the local law enforcement agency is due to
coercion; and
(2) reports in good faith to the local law enforcement agency
that the individual may be a victim of domestic violence;
is immune from civil and criminal liability arising from the making
of the report.