Bill Text: IN HB1233 | 2011 | Regular Session | Engrossed
Bill Title: State boards, commissions, and professional licensing.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2011-05-16 - Effective 07/01/2011 [HB1233 Detail]
Download: Indiana-2011-HB1233-Engrossed.html
Citations Affected: Numerous provisions throughout the Indiana
Code.
(SENATE SPONSORS _ MILLER, ECKERTY, BREAUX)
January 12, 2011, read first time and referred to Committee on Select Committee on
Government Reduction.
February 15, 2011, amended, reported _ Do Pass.
March 28, 2011, read second time, amended, ordered engrossed.
March 29, 2011, engrossed.
March 30, 2011, read third time, passed. Yeas 77, nays 19.
March 31, 2011, read first time and referred to Committee on Health and Provider Services.
April 14, 2011, amended, reported favorably _ Do Pass.
April 20, 2011, read second time, amended, ordered engrossed.
Digest Continued
individuals who do not renew a professional license before expiration under certain conditions. Creates a two month amnesty program for accountants who failed to renew licenses and meet certain requirements during a specified period. Changes the phrase "quality review" to "peer review" for purposes of laws governing public accountancy beginning July 1, 2012. Permits a peer review rating of fail to be used in disciplining a certified public accountant or public accounting firm after June 30, 2012. Specifies that an accountant must return to a client certain client records within 45 days. Provides civil immunity to a person engaged in a quality review or peer review or administering a quality review or peer review program. Requires occupational therapist assistants to be licensed. Specifies requirements for outpatient pharmacy drug therapy protocols. Changes the requirements for a physician to provide supervision for a physician assistant (PA). Allows the medical licensing board to: (1) grant a waiver to the requirement concerning physical location of a supervisory physician in relation to a PA's onsite location; and (2) deny supervisory agreements. (Current law requires the board to approve supervisory agreements.) Removes certain limitations on PA prescribing and dispensing certain drugs and controlled substances. Requires that the supervising physician or physician designee review PA patient encounters within 72 hours. Allows for electronic prescriptions from a practitioner for certain drugs. Requires the medical licensing board to adopt rules concerning continuing competency requirements for physical therapists and physical therapist assistants before license or certification renewal. Eliminates the law enforcement training board advisory council. Repeals the public officers compensatory advisory commission (IC 2-5-1.5); personnel advisory board (IC 4-15-1, IC 4-15-2-2.2, and IC 4-15-2.5-2); motor vehicle sales advisory board (IC 9-23-1); operation lifesaver program (IC 9-27-2-12; Medicaid work incentives council (IC 12-15-42); New Harmony commission (IC 14-20-4); hospital council (IC 16-21-1); home health care services and hospice services council (IC 16-27-0.5); Indiana health facilities council(IC 16-28-1); and mandated health benefits task force (IC 27-1-3-30). Repeals the following entities: (1) Indiana tobacco use prevention and cessation advisory board; (2) Indiana health care account advisory board; (3) Indiana occupational information coordinating committee; (4) White River State Park Development Commission advisory councils; and (5) Indiana organic peer review panel. Combines the Lake Michigan marina development commission and the shoreline development commission into a Lake Michigan marina and shoreline development commission. Makes conforming changes.
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 state
offices and administration.
Chapter 33.3. Interim Study Committee on Insurance
Sec. 1. As used in this chapter, "committee" refers to the interim study committee on insurance established by section 2 of this chapter.
Sec. 2. (a) There is established the interim study committee on insurance.
(b) The committee shall study insurance in Indiana as follows:
(1) Issues determined by the chairperson of the committee.
(2) Issues assigned by the legislative council.
(3) Issues regulated under IC 27.
(4) Worker's compensation insurance.
(c) The committee shall, not later than November 1 of each year, report the committee's findings and recommendations concerning the committee's study under subsection (b) to the legislative council
in an electronic format under IC 5-14-6.
Sec. 3. Except as otherwise provided in this chapter, the
committee shall operate under the policies governing study
committees adopted by the legislative council.
Sec. 4. (a) The committee consists of the following voting
members:
(1) Four members of the senate standing committee having
primary responsibility for insurance matters, not more than
two (2) of whom may be members of the same political party,
appointed by the president pro tempore of the senate.
(2) Four (4) members of the house of representatives standing
committee having primary responsibility for insurance
matters, not more than two (2) of whom may be members of
the same political party, appointed by the speaker of the
house of representatives.
(b) The chairperson of the senate standing committee having
primary responsibility for insurance matters shall serve as:
(1) chairperson of the committee beginning on May 1 of each
odd numbered year; and
(2) vice chairperson of the committee beginning on May 1 of
each even numbered year.
(c) The chairperson of the house of representatives standing
committee having primary responsibility for insurance matters
shall serve as:
(1) chairperson of the committee beginning on May 1 of each
even numbered year; and
(2) vice chairperson of the committee beginning on May 1 of
each odd numbered year.
Sec. 5. The affirmative votes of a majority of the voting
members appointed to the committee are required for the
committee to take action on any measure, including final reports.
(1) IC 9-18-26;
(2) IC 9-22-4;
SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 10. (a) The state board of finance may lend money
from the fund to entities listed in subsections (e) through (k) for the
purposes specified in those subsections.
(b) An entity must apply for the loan before May 1, 1989, in a form
approved by the state board of finance. As part of the application, the
entity shall submit a plan for its use of the loan proceeds and for the
repayment of the loan. Within sixty (60) days after receipt of each
application, the board shall meet to consider the application and to
review its accuracy and completeness and to determine the need for the
loan. The board shall authorize a loan to an entity that makes an
application if the board approves its accuracy and completeness and
determines that there is a need for the loan and an adequate method of
repayment.
(c) The state board of finance shall determine the terms of each
loan, which must include the following:
(1) The duration of the loan, which must not exceed twelve (12)
years.
(2) The repayment schedule of the loan, which must provide that
no payments are due during the first two (2) years of the loan.
(3) A variable rate of interest to be determined by the board and
adjusted annually. The interest rate must be the greater of:
(A) five percent (5%); or
(B) two-thirds (2/3) of the interest rate for fifty-two (52) week
United States Treasury bills on the anniversary date of the
loan, but not to exceed ten percent (10%).
(4) The amount of the loan or loans, which may not exceed the
maximum amounts established for the entity by this section.
(5) Any other conditions specified by the board.
(d) An entity may borrow money under this section by adoption of
an ordinance or a resolution and, as set forth in IC 5-1-14, may use any
source of revenue to repay a loan under this section. This section
constitutes complete authority for the entity to borrow from the fund.
If an entity described in subsection (i) fails to make any repayments of
a loan, the amount payable shall be withheld by the auditor of state
from any other money payable to the consolidated city. If any other
entity described in this section fails to make any repayments of a loan,
the amount payable shall be withheld by the auditor of state from any
other money payable to the entity. The amount withheld shall be
transferred to the fund to the credit of the entity.
(e) A loan under this section may be made to a city located in a
county having a population of more than twenty-four thousand (24,000)
but less than twenty-five thousand (25,000) for the city's waterworks
facility. The amount of the loan may not exceed one million six
hundred thousand dollars ($1,600,000).
(f) A loan under this section may be made to a city the territory of
which is included in part within the Lake Michigan corridor (as defined
in IC 14-13-3-2, before its repeal) for a marina development project.
As a part of its application under subsection (b), the city must include
the following:
(1) Written approval by the Lake Michigan marina development
commission of the project to be funded by the loan proceeds.
(2) A written determination by the commission of the amount
needed by the city, for the project and of the amount of the
maximum loan amount under this subsection that should be lent
to the city.
The maximum amount of loans available for all cities that are eligible
for a loan under this subsection is eight million six hundred thousand
dollars ($8,600,000).
(g) A loan under this section may be made to a county having a
population of more than one hundred seventy thousand (170,000) but
less than one hundred eighty thousand (180,000) for use by the airport
authority in the county for the construction of runways. The amount of
the loan may not exceed seven million dollars ($7,000,000). The
county may lend the proceeds of its loan to an airport authority for the
public purpose of fostering economic growth in the county.
(h) A loan under this section may be made to a city having a
population of more than fifty-nine thousand (59,000) but less than
fifty-nine thousand seven hundred (59,700) for the construction of
parking facilities. The amount of the loan may not exceed three million
dollars ($3,000,000).
(i) A loan or loans under this section may be made to a consolidated
city, a local public improvement bond bank, or any board, authority, or
commission of the consolidated city, to fund economic development
projects under IC 36-7-15.2-5 or to refund obligations issued to fund
economic development projects. The amount of the loan may not
exceed thirty million dollars ($30,000,000).
(j) A loan under this section may be made to a county having a
population of more than thirteen thousand five hundred (13,500) but
less than fourteen thousand (14,000) for extension of airport runways.
The amount of the loan may not exceed three hundred thousand dollars
($300,000).
(k) A loan under this section may be made to Covington Community
School Corporation to refund the amount due on a tax anticipation
warrant loan. The amount of the loan may not exceed two million seven
hundred thousand dollars ($2,700,000), to be paid back from any
source of money that is legally available to the school corporation.
Notwithstanding subsection (b), the school corporation must apply for
the loan before June 30, 2010. Notwithstanding subsection (c),
repayment of the loan shall be made in equal installments over five (5)
years with the first installment due not more than six (6) months after
the date loan proceeds are received by the school corporation.
(l) IC 6-1.1-20 does not apply to a loan made by an entity under this
section.
(m) As used in this section, "entity" means a governmental entity
authorized to obtain a loan under subsections (e) through (k).
(1) adopt an official seal and alter the seal at its pleasure;
(2) adopt rules, under IC 4-22-2, for the regulation of its affairs and the conduct of its business and prescribe policies in connection with the performance of its functions and duties;
(3) accept gifts, devises, bequests, grants, loans, appropriations, revenue sharing, other financing and assistance, and any other aid from any source and agree to and comply with conditions attached to that aid;
(4) make, execute, and effectuate any and all contracts, agreements, or other documents with any governmental agency or any person, corporation, limited liability company, association, partnership, or other organization or entity necessary or convenient to accomplish the purposes of this chapter, including contracts for the provision of all or any portion of the services the executive board considers necessary for the management and operations of the executive board;
(5) recommend legislation to the governor and general assembly;
(6) make recommendations to the governor, the budget agency, and the general assembly concerning the priorities for appropriation and distribution of money from the Indiana health care account established by IC 4-12-5-3; and
Indiana tobacco use prevention and cessation executive board
created by IC 4-12-4-4.
(1) The children's health insurance program established under IC 12-17.6.
(2) Cancer detection tests and cancer education programs.
(3) Heart disease and stroke education programs.
(4) Assisting community health centers in providing:
(A) vaccinations against communicable diseases, with an emphasis on service to youth and senior citizens;
(B) health care services and preventive measures that address the special health care needs of minorities (as defined in IC 16-46-6-2); and
(C) health care services and preventive measures in rural areas.
(5) Promoting health and wellness activities.
(6) Encouraging the prevention of disease, particularly tobacco related diseases.
(7) Addressing the special health care needs of those who suffer most from tobacco related diseases, including end of life and long term care alternatives.
(8) Addressing minority health disparities.
(9) Addressing the impact of tobacco related diseases, particularly on minorities and females.
(10) Promoting community based health care, particularly in areas with a high percentage of underserved citizens, including individuals with disabilities, or with a shortage of health care professionals.
(11) Enhancing local health department services.
(12) Expanding community based minority health infrastructure.
(13) Other purposes recommended by the
information:
(1) A clear objective to be achieved with the grant.
(2) A plan for implementation of the specific program.
(3) A statement of the manner in which the proposed program will
further the goals of the Indiana tobacco use prevention and
cessation board's mission statement and long range state plan
under IC 4-12-4.
(4) The amount of the grant requested.
(5) An evaluation and assessment component to determine the
program's performance.
(6) Any other information required by the advisory board.
The advisory board may adopt written guidelines to establish
procedures, forms, additional evaluation criteria, and application
deadlines.
(1) Develop personnel policies, methods, procedures, and standards for all state agencies.
(2) Formulate, establish, and administer position classification plans and salary and wage schedules, all subject to final approval by the governor.
(3) Allocate positions in the state agencies to their proper classifications.
(4) Approve employees for transfer, demotion, promotion, suspension, layoff, and dismissal.
(5) Rate employees' service.
(6) Arrange with state agency heads for employee training.
(7) Investigate the need for positions in the state agencies.
(8) Promulgate and enforce personnel rules.
(9) Make and administer examinations for employment and for promotions.
(10) Maintain personnel records and a roster of the personnel of all state agencies.
(11) Render personnel services to the political subdivisions of the state.
(12) Investigate the operation of personnel policies in all state agencies.
(13) Assist state agencies in the improvement of their personnel procedures.
(14) Conduct a vigorous program of recruitment of qualified and able persons for the state agencies.
(15) Advise the governor and the general assembly of legislation needed to improve the personnel system of this state.
(16) Furnish any information and counsel requested by the governor or the general assembly.
(17) Establish and administer an employee training and career advancement program.
(18) Administer the state personnel law, IC 4-15-2.
(19) Institute an employee awards system designed to encourage all state employees to submit suggestions that will reduce the costs or improve the quality of state agencies.
(20) Survey the administrative organization and procedures, including personnel procedures, of all state agencies, and submit to the governor measures to secure greater efficiency and economy, to minimize the duplication of activities, and to effect better organization and procedures among state agencies.
(21) Establish, implement, and maintain the state aggregate prescription drug purchasing program established under IC 16-47-1, as approved by the budget agency.
(b) Salary and wage schedules established by the department under subsection (a) must provide:
(1) for the establishment of overtime policies, which must include:
(A) definition of overtime;
(B) determination of employees or classes eligible for overtime pay;
(C) procedures for authorization;
(D) methods of computation;
(E) procedures for payment; and
(F) a provision that there shall be no mandatory adjustments to an employee's established work schedule in order to avoid the payment of overtime; and
(2) that an appointing authority is not required to reduce the salary of an employee who is demoted, unless the appointing authority determines that the salary reduction is warranted for disciplinary reasons or other good cause.
(1) A temporary appointment may not exceed one hundred eighty (180) working days in any twelve (12) month period.
(2) The department may allow exceptions to the prohibition in subdivision (1) with the approval of the state budget agency.
(3) A temporary appointment in an agency covered by IC 4-15-2 is governed by the procedures of that chapter.
(4) A temporary appointment does not constitute creditable service for purposes of the public employees' retirement program under IC 5-10.2 and IC 5-10.3. However, an employee who served in an intermittent form of temporary employment after June 30, 1986, and before July 1, 2003, shall receive creditable service for the period of temporary employment.
(1) To make investigations concerning the enforcement and effect of the provisions of this chapter.
(2) To keep minutes of its proceedings which shall be open to public inspection.
(1) Establish and maintain a roster of all employees in the state service. Prepare or cause to be prepared and recommend a classification and pay plan. Administer the classification and pay plan. Allocate all positions in the state service to their proper class. Formulate eligible lists. Certify persons qualified for appointment. Certify employees for transfer, demotion, promotion, suspension, layoff, and dismissal. Rate employees'
services. Arrange with heads of the divisions of the service for
employee training. Attend to and perform all other duties imposed
by this chapter.
(2) Appoint, under this chapter, such employees of the department
and such experts and special assistants as may be necessary to
carry out effectively this chapter.
(3) Investigate systems of appointment and promotion already in
operation in various departments or divisions of the state
government.
(4) Investigate and approve the need for positions, existing and to
be created, in the state service.
(5) Investigate from time to time the operation and effect of this
chapter and of the rules. and report the director's findings and
recommendations to the board.
(6) Administer, enforce, and make effective this chapter and the
rules. Discharge all duties imposed upon the director by the
board, and perform Perform any other lawful acts which the
director may consider necessary or desirable to carry out the
purposes of this chapter.
(b) The director shall appoint one (1) or more employees of the
department to be the director's deputies.
(c) The director shall employ such expert or special examiners for
the conduct of tests as may be required. The director may select
officers or employees in the state service to act as examiners in the
preparation and rating of tests. An appointing authority may excuse any
employee in the authority's division of the service from the employee's
regular duties for the time required for work as an examiner. Officers
and employees shall not be entitled to extra pay for their service as
examiners, but shall be entitled to reimbursement for necessary
traveling and other expense.
(d) The director shall adopt rules under IC 4-22-2 as the director
may consider necessary, appropriate, or desirable to carry out this
chapter.
(e) The director shall institute an employee awards system designed
to encourage state employees to submit suggestions that will reduce the
costs, or improve the quality, of state services. All full-time employees
are eligible to receive suggestion awards except:
(1) members of boards and commissions;
(2) the chief executive officer of any agency or institution, the
officer's principal deputies or assistants; or
(3) persons whose normal job duties include cost analyses.
(f) A state suggestion committee shall determine the amount of any
award to be given under subsection (e). The state suggestion committee
consists of the state personnel director, the director of the budget
agency, and the state examiner of the state board of accounts. Any
officer of state who is made a member of the suggestion committee
may delegate that responsibility to a subordinate employee.
(b) Upon the recommendation of the director,
placed upon the eligible list in order of their ratings. The names of
persons who have indicated in writing that they are unwilling to accept
appointment may be dropped from the list. All persons competing in
any test shall be given written notice of their final earned ratings.
Statements of former employers of the applicants shall be confidential.
A manifest error in rating a test shall be corrected if called to the
attention of the director, but such correction shall not invalidate any
appointment previously made from such a list.
(b) In certification for appointment, in appointment, in
reinstatement, and in reemployment in any state service, preference
shall be given to former members of the military services of the United
States who served on active duty in any branch of the armed forces and
who at no time received a discharge or separation under other than
honorable conditions, except corrected separation or discharge to read
"honorable" as evidenced by appropriate records presented from the
United States Department of Defense or appropriate branch of the
military service.
(c) Preference shall be given in the following priorities:
(1) Former members of the military service who have established
the present existence of a service connected disability of ten
percent (10%) or more, as evidenced by records of the United
States Department of Veterans Affairs or disability retirement
benefits as evidenced by laws administered by the United States
Department of Defense.
(2) The spouse of a veteran with a service connected disability
and the unremarried spouse of a deceased veteran.
(3) Those former members of the military service who are
wartime veterans.
(4) Veterans of the military service who served more than one
hundred eighty-one (181) days on active duty, regardless of when
served.
(d) In all written examinations to determine the qualifications of
applicants for entrance into state service:
(1) ten (10) points shall be added to the earned rating of persons
taking the competitive examination under subsection (c)(1) or
(c)(2);
(2) five (5) points shall be added to the earned ratings of persons
taking the competitive examination under subsection (c)(3); and
(3) two (2) points shall be added to the earned rating of persons
taking the competitive examination under subsection (c)(4).
(e) All points specified in subsection (d) shall be added to the total
combined test scores of the person and shall not be allocated to any
single feature or part of the competitive examination. Rating shall be
based on a scale of one hundred (100) points as the maximum
attainable.
(f) When veterans preference in state service employment is limited
to wartime veterans, this subsection applies for the purpose of defining
"war":
(1) World War II - December 7, 1941, to December 31, 1946.
(2) Korean Conflict - June 27, 1950, to January 31, 1955.
(3) Viet Nam Conflict - August 5, 1964, to May 7, 1975.
(4) Actual combat or duty equally hazardous, regardless of time,
or service in any foreign war, insurrection, or expedition, which
service is recognized by the award of a service or campaign medal
of the United States.
(5) Participation as a regularly assigned crew member of any
military craft in a mission in support of a military operation,
regardless of time, as designated by the armed forces of the
United States.
(g) Active duty consists of:
(1) ninety (90) days or more wartime service;
(2) ninety (90) days or more consecutive service which began or
ended during wartime period;
(3) ninety (90) days or more combined service in two (2) or more
wartime periods;
(4) service of less than ninety (90) days, if discharged for a
disability in the line of duty; or
(5) service qualifying under subsection (f)(4) or (f)(5), which
must be documented by appropriate records of the United States
Department of Defense.
(h) In examinations where experience is an element of qualification,
time spent in the armed forces of the United States shall be credited in
a veteran's rating where the veteran's actual employment in a similar
vocation to that for which the veteran is examined was interrupted by
such service. In all examinations to determine the qualifications of a
veteran applicant, credit shall be given for all valuable experience,
including experience gained in religious, civic, welfare, service, and
organizational activities, regardless of whether any compensation was
received for the experience.
(i) In determining qualifications for examination, appointment,
promotion, retention, transfer, or reinstatement, with respect to
preference eligibles, the department shall waive requirements as to age,
height, and weight, if the requirement is not essential to the
performance of the duties of the position for which examination is
given. The department, after giving due consideration to the
recommendation of any accredited physician, shall waive the physical
requirements in the case of any veteran, if the veteran is, in the opinion
of the director, physically able to discharge efficiently the duties of the
position for which the examination is given. No minimum educational
requirement may be prescribed in any civil service examination except
for such scientific, technical, or professional positions, the duties of
which the department decides cannot be performed by a person who
does not have such education. The director shall make a part of the
department's public records the director's reasons for such decision.
(j) The names of preference eligibles shall be entered on the
appropriate registers or lists of eligibles in accordance with their
respective augmented ratings. The name of a preference eligible shall
be entered ahead of all others having the same rating.
(k) The director shall adopt appropriate rules under IC 4-22-2 for
the administration and enforcement of this section.
(l) In any reduction in personnel in any state service, competing
employees shall be released in accordance with board regulations
rules, which shall give due effect to tenure of employment, military
preference, length of service, and efficiency ratings. The length of time
spent in active service in the armed forces of the United States of each
such employee shall be credited in computing length of total service.
Veteran's preference points shall be added to the retention score of a
preference eligible. When any of the functions of any state agency are
transferred to, or when any state agency is replaced by, some other state
agency or agencies, all preference employees in the function or
functions transferred or in the agency replaced shall first be transferred
to the replacing agency or agencies for employment in positions for
which they are qualified, before the agency or agencies appoint
additional employees from any other sources for such positions.
(m) Any preference eligible who has resigned may, at the request of
any appointing officer, be certified for and appointed to any position
for which the preference eligible has been a regular employee in the
state service.
(n) Any preference eligible who has been furloughed or separated
without delinquency or misconduct, upon request, shall have the
preference eligible's name placed on all appropriate registers and
employment lists, for every position for which the preference eligible's
qualifications have been established.
(o) Applicants claiming preference of their own service must submit
either:
(1) original discharge or separation or certified copies or photostat
copies of the originals;
(2) an official statement from the United States Department of
Defense showing record of service; or
(3) an official statement from the United States Department of
Veterans Affairs supporting the claim for disability.
(1) in determining salary increases and decreases within the limits established by law and by the pay plan;
(2) as a factor in promotion tests;
(3) as a factor in determining the order of lay-off when forces are reduced because of lack of funds or work, and the order in which names are to be placed on reemployment lists; and
(4) as a means of discovering employees who should be promoted, transferred, or who, because of their low-service value, should be demoted or dismissed.
In such manner and at such time as the rules may require, each appointing authority shall make and report to the director the service ratings of employees in his division of the service or such information as the director may request as a basis for determining the service ratings.
(b) All officers and employees of the state, shall, during usual business hours, grant to
employees in the unclassified service and the classified service,
showing for each such person the title of the position held, his
departmental or other agency assignment, his salary rate, date of
appointment, complete employment history, and such other data as the
director considers pertinent. The director shall also maintain such other
personnel records as he may consider desirable or as the board shall
direct, and shall make available to the governor, the general assembly,
the budget director, department and institution executives, and other
persons having a proper interest therein tabulations and analyses of
such personnel data as he the director has available.
(b) Any payment violating the provisions of the pay plan or the rules pertaining to the payment, or made to a person appointed or established in the person's position in a manner contrary to the provisions of this chapter, may be recovered from the appointing authority, the director, or any officer or person making the payment, whichever is liable, or from the sureties on the official bond for the officer or person. Action for recovery may be maintained by
(c) Any person appointed or employed in contravention of any provision of this chapter or of any rule or order under this chapter who
performs service for which the person is not paid shall have and may
maintain an action against the officer or officers who purported so to
appoint or employ the person to recover the agreed pay for services, or
the reasonable value of the services if no pay was agreed upon. No
officer shall be reimbursed by the state at any time for any sum paid to
the person on account of the services.
(d) If the director wrongfully withholds certification of the payroll
voucher or account of any employee, the employee may maintain a
proceeding to compel the director to certify the payroll voucher or
account.
(b) No person elected to state or federal public office may, during the term for which he was elected, be appointed to any position in the classified service.
(c) Any employee in the classified service who becomes a candidate for local office shall, upon request, be granted a leave of absence; any employee in the classified service who is elected to a state or federal public office shall be considered to have resigned from the service. This subsection does not apply to precinct committeemen, state or national party convention delegates, or candidates for these party positions.
(a) The term "director" means the state personnel director as established by IC 4-15-1.8.
election voting or by affirmation of the chairman of the state committee
of the party with which the employee states he is affiliated.
(1) conduct the entrance and promotion tests which are required for the carrying out of the provisions of this chapter;
(2) verify the political affiliation of each applicant for employment and each employee being considered for promotion which otherwise qualify for employment or promotion; however, no applicant or employee shall be verified if the employment or promotion would disrupt or postpone the attainment of the required political balance of the department or pay classification;
(3) classify all positions of employment in all agencies or institutions operating under this chapter by the procedure established by IC 4-15-2;
(4) develop a pay plan for all employees operating under the provisions of this chapter, which pay plan shall be subject to the approval of the budget agency and the governor; and
(5) certify all individuals employed under the provisions of this chapter as provided by IC 4-15-2, except that:
(A) The director shall certify five (5) qualified applicants and indicate each applicant's political affiliation.
(B) If the director cannot certify the required number of individuals with the political affiliation because there are not enough individuals that qualified after testing, who are willing to accept appointment or because there are peculiar and exceptional qualifications of a scientific, professional, or educational character required for the position and it is evident that the required number of individuals cannot be certified, the director may authorize the appointing authority to fill the vacancy with any individual who meets the qualifications for the position, without regard to the applicant's political affiliation.
(C) For positions involving unskilled or semi-skilled labor when the character or place of the work makes it impracticable to supply the needs of the service by appointments made in accordance with the procedure prescribed by this chapter, the
director may make appointments by the procedure provided by
IC 4-15-2.
(b) One (1) personal secretary for each position that is exempt from the provisions of this chapter by this section and section 18 shall be exempt from the provisions of this chapter.
(b) The
policy and they shall not exempt policy positions if such action would
impede the operation of the agency.
(1) "Law enforcement officer" means an appointed officer or employee hired by and on the payroll of the state, any of the state's political subdivisions, or a public or private postsecondary educational institution whose board of trustees has established a police department under IC 21-17-5-2 or IC 21-39-4-2 who is granted lawful authority to enforce all or some of the penal laws of the state of Indiana and who possesses, with respect to those laws, the power to effect arrests for offenses committed in the officer's or employee's presence. However, the following are expressly excluded from the term "law enforcement officer" for the purposes of this chapter:
(A) A constable.
(B) A special officer whose powers and duties are described in IC 36-8-3-7 or a special deputy whose powers and duties are described in IC 36-8-10-10.6.
(C) A county police reserve officer who receives compensation for lake patrol duties under IC 36-8-3-20(f)(4).
(D) A conservation reserve officer who receives compensation for lake patrol duties under IC 14-9-8-27.
(E) An employee of the gaming commission whose powers and duties are described in IC 4-32.2-9.
(F) A correctional police officer described in IC 11-8-9.
(2) "Board" means the law enforcement training board created by this chapter.
hand defensive tactics, use of firearms, and other methods of:
(A) overcoming unlawful resistance; or
(B) countering other action that threatens the safety of the
public or a law enforcement officer.
(7) (6) "Hiring or appointing authority" means:
(A) the chief executive officer, board, or other entity of a
police department or agency with authority to appoint and hire
law enforcement officers; or
(B) the governor, mayor, board, or other entity with the
authority to appoint a chief executive officer of a police
department or agency.
(1) The superintendent of the Indiana state police department, who shall serve as chairperson of the board.
(2) The deputy director of the division of preparedness and training of the department of homeland security. The deputy director shall serve as the vice chair of the board.
(3) The chief of police of a consolidated city.
(4) One (1) county sheriff from a county with a population of at least one hundred thousand (100,000).
(5) One (1) county sheriff from a county of at least fifty thousand (50,000) but less than one hundred thousand (100,000) population.
(6) One (1) county sheriff from a county of under fifty thousand (50,000) population.
(7) One (1) chief of police from a city of at least thirty-five thousand (35,000) population, who is not the chief of police of a consolidated city.
(8) One (1) chief of police from a city of at least ten thousand (10,000) but under thirty-five thousand (35,000) population.
(9) One (1) chief of police, police officer, or town marshal from a city or town of under ten thousand (10,000) population.
(10) One (1) prosecuting attorney.
(11) One (1) judge of a circuit or superior court exercising criminal jurisdiction.
(12) One (1) member representing professional journalism.
(13) One (1) member representing the medical profession.
(14) One (1) member representing education.
(15) One (1) member representing business and industry.
(16) One (1) member representing labor.
(17) One (1) member representing Indiana elected officials of counties, cities, and towns.
qualified. Members of the board may be removed by the governor for
inefficiency, incompetence, neglect of duty, or other good cause after
having been accorded a hearing by the governor upon reasonable notice
of the charge being made against them.
(b) Members of the advisory council who serve by virtue of their
office or position shall serve as members of the advisory council only
during the term of their office or position as the case may be. The
governor is authorized and empowered to appoint members to the
advisory council in addition to those enumerated in section 3(b) of this
chapter. All members appointed to the advisory council by the
governor shall serve only during the pleasure of the governor. Advisory
council appointments need not be made on a bipartisan basis.
member for attendance at regular or special meetings or otherwise
engaging in official business of the board.
(b) A building is exempt from property taxation if it is owned, occupied, and used by a town, city, township, or county for educational, literary, scientific, fraternal, or charitable purposes.
(c) A tract of land, including the campus and athletic grounds of an educational institution, is exempt from property taxation if:
(1) a building that is exempt under subsection (a) or (b) is situated on it;
(2) a parking lot or structure that serves a building referred to in subdivision (1) is situated on it; or
(3) the tract:
(A) is owned by a nonprofit entity established for the purpose of retaining and preserving land and water for their natural characteristics;
(B) does not exceed five hundred (500) acres; and
(C) is not used by the nonprofit entity to make a profit.
(d) A tract of land is exempt from property taxation if:
(1) it is purchased for the purpose of erecting a building that is to be owned, occupied, and used in such a manner that the building will be exempt under subsection (a) or (b); and
(2) not more than four (4) years after the property is purchased, and for each year after the four (4) year period, the owner demonstrates substantial progress and active pursuit towards the erection of the intended building and use of the tract for the exempt purpose. To establish substantial progress and active pursuit under this subdivision, the owner must prove the existence of factors such as the following:
(A) Organization of and activity by a building committee or other oversight group.
(B) Completion and filing of building plans with the appropriate local government authority.
(C) Cash reserves dedicated to the project of a sufficient amount to lead a reasonable individual to believe the actual construction can and will begin within four (4) years.
(D) The breaking of ground and the beginning of actual construction.
(E) Any other factor that would lead a reasonable individual to believe that construction of the building is an active plan and that the building is capable of being completed within eight (8) years considering the circumstances of the owner.
If the owner of the property sells, leases, or otherwise transfers a tract of land that is exempt under this subsection, the owner is liable for the property taxes that were not imposed upon the tract of land during the period beginning January 1 of the fourth year following the purchase of the property and ending on December 31 of the year of the sale, lease, or transfer. The county auditor of the county in which the tract of land is located may establish an installment plan for the repayment of taxes due under this subsection. The plan established by the county auditor may allow the repayment of the taxes over a period of years equal to the number of years for which property taxes must be repaid under this subsection.
(e) Personal property is exempt from property taxation if it is owned and used in such a manner that it would be exempt under subsection (a) or (b) if it were a building.
(f) A hospital's property that is exempt from property taxation under subsection (a), (b), or (e) shall remain exempt from property taxation even if the property is used in part to furnish goods or services to another hospital whose property qualifies for exemption under this section.
(g) Property owned by a shared hospital services organization that is exempt from federal income taxation under Section 501(c)(3) or 501(e) of the Internal Revenue Code is exempt from property taxation if it is owned, occupied, and used exclusively to furnish goods or services to a hospital whose property is exempt from property taxation under subsection (a), (b), or (e).
(h) This section does not exempt from property tax an office or a practice of a physician or group of physicians that is owned by a hospital licensed under
(1) provides or supports the provision of charity care (as defined in IC 16-18-2-52.5), including providing funds or other financial support for health care services for individuals who are indigent (as defined in IC 16-18-2-52.5(b) and IC 16-18-2-52.5(c)); or
(2) provides or supports the provision of community benefits (as defined in IC 16-21-9-1), including research, education, or government sponsored indigent health care (as defined in IC 16-21-9-2).
However, participation in the Medicaid or Medicare program alone does not entitle an office, practice, or other property described in this subsection to an exemption under this section.
(i) A tract of land or a tract of land plus all or part of a structure on the land is exempt from property taxation if:
(1) the tract is acquired for the purpose of erecting, renovating, or improving a single family residential structure that is to be given away or sold:
(A) in a charitable manner;
(B) by a nonprofit organization; and
(C) to low income individuals who will:
(i) use the land as a family residence; and
(ii) not have an exemption for the land under this section;
(2) the tract does not exceed three (3) acres;
(3) the tract of land or the tract of land plus all or part of a structure on the land is not used for profit while exempt under this section; and
(4) not more than four (4) years after the property is acquired for the purpose described in subdivision (1), and for each year after the four (4) year period, the owner demonstrates substantial progress and active pursuit towards the erection, renovation, or improvement of the intended structure. To establish substantial progress and active pursuit under this subdivision, the owner must prove the existence of factors such as the following:
(A) Organization of and activity by a building committee or other oversight group.
(B) Completion and filing of building plans with the appropriate local government authority.
(C) Cash reserves dedicated to the project of a sufficient amount to lead a reasonable individual to believe the actual construction can and will begin within five (5) years of the initial exemption received under this subsection.
(D) The breaking of ground and the beginning of actual construction.
(E) Any other factor that would lead a reasonable individual to believe that construction of the structure is an active plan and that the structure is capable of being:
(i) completed; and
(ii) transferred to a low income individual who does not receive an exemption under this section;
within eight (8) years considering the circumstances of the owner.
(j) An exemption under subsection (i) terminates when the property is conveyed by the nonprofit organization to another owner. When the property is conveyed to another owner, the nonprofit organization receiving the exemption must file a certified statement with the auditor of the county, notifying the auditor of the change not later than sixty (60) days after the date of the conveyance. The county auditor shall immediately forward a copy of the certified statement to the county assessor. A nonprofit organization that fails to file the statement required by this subsection is liable for the amount of property taxes due on the property conveyed if it were not for the exemption allowed under this chapter.
(k) If property is granted an exemption in any year under subsection (i) and the owner:
(1) ceases to be eligible for the exemption under subsection (i)(4);
(2) fails to transfer the tangible property within eight (8) years after the assessment date for which the exemption is initially granted; or
(3) transfers the tangible property to a person who:
(A) is not a low income individual; or
(B) does not use the transferred property as a residence for at least one (1) year after the property is transferred;
the person receiving the exemption shall notify the county recorder and the county auditor of the county in which the property is located not later than sixty (60) days after the event described in subdivision (1), (2), or (3) occurs. The county auditor shall immediately inform the county assessor of a notification received under this subsection.
(l) If subsection (k)(1), (k)(2), or (k)(3) applies, the owner shall pay, not later than the date that the next installment of property taxes is due, an amount equal to the sum of the following:
(1) The total property taxes that, if it were not for the exemption under subsection (i), would have been levied on the property in each year in which an exemption was allowed.
(2) Interest on the property taxes at the rate of ten percent (10%) per year.
(m) The liability imposed by subsection (l) is a lien upon the property receiving the exemption under subsection (i). An amount collected under subsection (l) shall be collected as an excess levy. If the amount is not paid, it shall be collected in the same manner that delinquent taxes on real property are collected.
(n) Property referred to in this section shall be assessed to the extent required under IC 6-1.1-11-9.
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 18.5. (a) This section
does not exempt from property tax an office or a practice of a physician
or group of physicians that is owned by a hospital licensed under
IC 16-21-1 IC 16-21-2 or other property that is not substantially related
to or supportive of the inpatient facility of the hospital unless the office,
practice, or other property:
(1) provides or supports the provision of charity care (as defined
in IC 16-18-2-52.5), including funds or other financial support for
health care services for individuals who are indigent (as defined
in IC 16-18-2-52.5(b) and IC 16-18-2-52.5(c)); or
(2) provides or supports the provision of community benefits (as
defined in IC 16-21-9-1), including research, education, or
government sponsored indigent health care (as defined in
IC 16-21-9-2).
However, participation in the Medicaid or Medicare program, alone,
does not entitle an office, a practice, or other property described in this
subsection to an exemption under this section.
(b) Tangible property is exempt from property taxation if it is:
(1) owned by an Indiana nonprofit corporation; and
(2) used by that corporation in the operation of a hospital licensed
under IC 16-21, a health facility licensed under IC 16-28, or in the
operation of a residential facility for the aged and licensed under
IC 16-28, or in the operation of a Christian Science home or
sanatorium.
(c) Property referred to in this section shall be assessed to the extent
required under IC 6-1.1-11-9.
(b) The district includes all territory, including both dry land and water, within a distance of one-half (1/2) mile on either side of the center line of any waterway within the city in which the district is established, excluding the land and water occupied by any marina owned by a unit of government located in the corridor (as defined in
(c) The district boundary is formed by an imaginary line one-half (1/2) mile distant from the center line of a waterway in all directions. However, the boundary of the district does not extend beyond the boundaries of the city in which the district is located in those areas where the city boundary is located less than one-half (1/2) mile from the center line of a waterway.
STATE OF INDIANA )
) ss:
COUNTY OF ____________ )
I affirm under the penalties for perjury that all of the following are true:
(1) That I am a dealer licensed under
(2) That I cannot deliver a valid certificate of title to the retail purchaser of the vehicle described in paragraph (3) at the time of sale of the vehicle to the retail purchaser. The identity of the previous seller or transferor is __________________________. Payoff of lien was made on (date)_______. I expect to deliver a valid and transferable certificate of title not later than (date)_______________ from the (State of)________ to the purchaser.
(3) That I will undertake reasonable commercial efforts to produce the valid certificate of title. The vehicle identification number is __________________.
Signed _______________________, Dealer
By_________________________________
Dated _____, ____
CUSTOMER ACKNOWLEDGES RECEIPT OF A COPY OF THIS AFFIDAVIT.
___________________________________
Customer Signature
If you do not receive a valid certificate of title within the time specified by this affidavit, you have the right to return the vehicle to the vehicle dealer ten (10) days after giving the vehicle dealer written notice demanding delivery of a valid certificate of title and after the vehicle dealer's failure to deliver a valid certificate of title within that ten (10) day period. Upon return of the vehicle to the vehicle dealer in the same or similar condition as when it was delivered to you, the vehicle dealer shall pay you the purchase price plus sales taxes, finance expenses, insurance expenses, and any other amount that you paid to the vehicle dealer.
If a lien is present on the previous owner's certificate of title, it is the responsibility of the third party lienholder to timely deliver the certificate of title in the third party's possession to the dealer not more
than ten (10) business days after there is no obligation secured by the
vehicle. If the dealer's inability to deliver a valid certificate of title to
you within the above-described ten (10) day period results from the
acts or omissions of a third party who has failed to timely deliver the
certificate of title in the third party's possession to the dealer, the dealer
may be entitled to claim against the third party the damages allowed by
law.
(1) Develop, plan, and conduct programs and activities designed to prevent and reduce traffic accidents and to facilitate the control of traffic on Indiana streets and highways.
(2) Advise, recommend, and consult with state departments, divisions, boards, commissions, and agencies concerning traffic safety, accident prevention, and traffic facilitation programs and activities and coordinate these programs and activities on an effective statewide basis.
(3) Organize and conduct, in cooperation with state departments and agencies, programs, services, and activities designed to aid political subdivisions in the control of traffic and prevention of traffic accidents.
(4) Develop informational, educational, and promotional material on traffic control and traffic accident prevention, disseminate the material through all possible means of public information, and serve as a clearinghouse for information and publicity on traffic control and accident prevention programs and activities of state departments and agencies. These activities must include materials and information designed to make senior citizens aware of the effect of age on driving ability.
(5) Cooperate with public and private agencies interested in traffic control and traffic accident prevention in the development and conduct of public informational and educational activities designed to promote traffic safety or to support the official traffic safety program of Indiana.
(6) Study and determine the merits of proposals affecting traffic control, traffic safety, or traffic accident prevention activities in Indiana and recommend to the governor and the general assembly the measures that will serve to further control and reduce traffic accidents.
(7) Study proposed revisions and amendments to the motor
vehicle laws and all other laws concerning traffic safety and make
recommendations relative to those laws to the governor and
general assembly.
(8) Develop and conduct a program of effective alcohol and drug
countermeasures to protect and conserve life and property on
Indiana streets and highways.
(9) Administer the operation lifesaver program referred to in
section 12 of this chapter to promote and coordinate public
education concerning railroad grade crossing safety.
(b) The level of care must be as consistent as possible with:
(1) the care category of the facility in which the member is placed;
(2) the rules of the Indiana health facilities, home health care, and hospice council adopted under IC 16-28; and
(3) the applicable code of the federal government covering reimbursement from the United States Department of Veterans' Affairs or another department of the federal government.
(c) The liability created for the costs of maintenance of a member constitutes a lien upon the real property of the member if the lien is recorded as provided in this chapter. The lien has priority over all liens subsequently acquired.
(1) For purposes of IC 12-9-4, the meaning set forth in IC 12-9-4-1.
(2) For purposes of IC 12-12-8, the meaning set forth in IC 12-12-8-2.5.
(3) For purposes of IC 12-13-4, the meaning set forth in IC 12-13-4-1.
(b) Within thirty (30) days after an individual with a mental illness is placed in a home or facility that provides residential care, a comprehensive care plan must be developed for the individual.
(c) The residential care facility, in cooperation with the community mental health center or an individual's managed care provider (as defined in IC 12-7-2-127(b)) serving the area in which the residential care facility is located, shall develop the comprehensive care plan for the individual. The plan must include the following:
(1) Psychosocial rehabilitation services that are provided within the community.
(2) A comprehensive range of activities to meet multiple levels of need, including the following:
(A) Recreational and socialization activities.
(B) Social skills.
(C) Educational, training, occupational, and work programs.
(D) Opportunities for progression into less restrictive and more independent living arrangements.
(3) Appropriate alternate placement if the individual's needs cannot be met by the facility.
(d) The Indiana health facilities, home health care, and hospice council shall, in coordination with the division of mental health and addiction and the division, adopt rules under IC 4-22-2 to govern:
(1) residential care; and
(2) the comprehensive care plan;
provided to individuals with a mental illness who reside under this chapter in a home or facility that provides residential care.
determination of eligibility, the bureau shall use the results of a
diagnostic assessment in determining whether an individual has a
developmental disability. A diagnostic assessment must include the
following:
(1) Diagnostic information concerning the individual's
functioning level and medical and habilitation needs.
(2) All information necessary for the use of the office of Medicaid
policy and planning, the Indiana health facilities, home health
care, and hospice council, and the division.
(3) The use of all appropriate assessments conducted under rules
adopted under IC 16-28.
(b) An individual who is found not to have a developmental
disability may appeal the bureau's finding under IC 4-21.5.
(c) If an individual is determined to have a developmental disability,
the office shall determine whether the individual meets the appropriate
federal level of care requirements.
(1) All resources disregarded by the office under this article for the purpose of determining eligibility for Medicaid.
(2) Any resource eligible for exclusion under 42 U.S.C. 1396a(r)(2), including a retirement account established under 26 U.S.C. 220 and held by either the applicant or recipient or the applicant's or recipient's spouse.
(3) Subject to approval by the office, not more than twenty thousand dollars ($20,000) in independence and self-sufficiency accounts held by the applicant or recipient for the sole purpose of purchasing goods or services, including assistive technology and personal assistance, that:
(A) will increase the employability or independence of the applicant or recipient; and
(B) are not services to which the recipient is entitled under Medicaid or any other publicly funded program.
(1) the buy-in program; and
(2) continued Medicaid coverage through Section 1619 of the federal Social Security Act (42 U.S.C. 1382h).
(b) The criteria required under subsection (a) must include the following:
(1) The number of individuals with disabilities who are:
(A) enrolled in the buy-in program; or
(B) receiving Medicaid through Section 1619 of the federal Social Security Act (42 U.S.C. 1382h).
(2) State revenues resulting from premiums paid by participants in the buy-in program.
(3) State costs incurred as a result of implementing the buy-in program, including administrative costs and costs of providing services.
(c) In addition to the criteria required under subsection (b), the office may establish criteria to determine the following:
(1) Comparative costs of Medicaid funded services for participants in the buy-in program and work incentives created through Section 1619 of the federal Social Security Act (42 U.S.C. 1382h) before and after employment.
(2) The number of Supplemental Security Income and Social Security Disability Insurance recipients in Indiana who are no longer dependent on, or who have reduced dependence on, public assistance or health care entitlement services, other than Medicaid or the children's health insurance program, due to participation in the buy-in program or work incentives created through Section 1619 of the federal Social Security Act (42 U.S.C. 1382h).
(3) The number of individuals with severe disabilities who are no longer dependent on, or who have reduced dependence on, public benefits or services, other than Medicaid or the children's health insurance program, due to income or support services received through participation in the buy-in program or work incentives created through Section 1619 of the federal Social Security Act (42 U.S.C. 1382h).
(4) The change in the number of buy-in program participants or participants in work incentives created through Section 1619 of the federal Social Security Act (42 U.S.C. 1382h) who have health care needs and related services covered though employer based benefit programs.
(d) In evaluating the effectiveness of the state's work incentive initiatives for individuals with disabilities, the office:
(1) shall collaborate with other state agencies on data collection; and
(2) may consult with an independent contractor to collect data on the criteria listed under subsection (b).
(b) The office may adopt emergency rules under IC 4-22-2-37.1 to implement this chapter on an emergency basis.
(1) Determine the current and projected needs of each geographic area of Indiana for residential services for individuals with a developmental disability.
(2) Determine how the provision of developmental or vocational services for residents in these geographic areas affects the availability of developmental or vocational services to individuals with a developmental disability living in their own homes.
(3) Develop standards for licensure of supervised group living facilities regarding the following:
(A) A sanitary and safe environment for residents and employees.
(B) Classification of supervised group living facilities.
(C) Any other matters that will ensure that the residents will receive a residential environment.
(4) Develop standards for the approval of entities providing supported living services.
(5) Recommend social and habilitation programs to the Indiana health facilities, home health care, and hospice council for individuals with a developmental disability who reside in health
facilities licensed under IC 16-28.
(6) Develop and update semiannually a report that identifies the
numbers of individuals with a developmental disability who live
in health facilities licensed under IC 16-28. The Indiana health
facilities, home health care, and hospice council shall assist in
developing and updating this report.
(b) "Commission", for purposes of IC 14-13-1, has the meaning set forth in IC 14-13-1-1.
(c) "Commission", for purposes of IC 14-13-2, has the meaning set forth in IC 14-13-2-2.
(1) Appointment to the commission.
(1) accredited by the director; and
(1) For purposes of IC 16-21, IC 16-25, IC 16-27, IC 16-28, and IC 16-29, the
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 150. (a) "Governing body", for purposes of
IC 16-22-7, has the meaning set forth in IC 16-22-7-2.
(b) "Governing body", for purposes of IC 16-27-0.5, has the
meaning set forth in IC 16-27-0.5-0.5.
(c) (b) "Governing body", for purposes of IC 16-41-22, has the
meaning set forth in IC 16-41-22-3.
Chapter 15. Health Care Facility Advisory Council
Sec. 1. The health care facility advisory council is created.
Sec. 2. (a) The council consists of eighteen (18) members as follows:
(1) The commissioner or the commissioner's designee.
(2) The secretary of family and social services or the secretary's designee.
(3) The following members appointed by the governor:
(A) One (1) physician licensed under IC 25-22.5 who primarily practices in acute care.
(B) One (1) physician licensed under IC 25-22.5 who primarily practices in long term care.
(C) One (1) registered nurse licensed under IC 25-23 who is employed in an acute care facility.
(D) One (1) registered nurse licensed under IC 25-23 who is employed in a long term care facility.
(E) One (1) registered nurse licensed under IC 25-23 who is employed by a home health agency.
(F) One (1) residential care administrator.
(G) Two (2) individuals who are employed as hospital administrators, as follows:
(i) One (1) individual employed at a for profit facility.
(ii) One (1) individual employed at a nonprofit facility.
(H) One (1) individual who is employed as an administrator of a freestanding ambulatory outpatient surgical center.
(I) One (1) individual who is employed as a long term care facility administrator.
(J) One (1) individual who is employed by a home health or hospice agency as:
(i) an administrator; or
(ii) a director of nursing.
(K) One (1) individual who:
(i) represents the interests of senior citizens; and
(ii) has experience as a health care advocate for senior citizens and may represent a statewide organization.
(L) One (1) individual who:
(i) represents the interests of people with disabilities; and
(ii) has experience as a health care advocate for people with disabilities and may represent a statewide organization.
(M) One (1) individual who:
(i) represents the interests of people with chronic or acute health care needs; and
(ii) has experience as a health care advocate for people with chronic or acute health care needs and may represent a statewide organization.
(N) Two (2) individuals employed by any one (1) of the following:
(i) A school of public health.
(ii) A school of nursing.
(iii) A school of medicine.
(iv) A school of allied health.
(v) A health care research organization.
(vi) A quality improvement organization.
The governor shall appoint one (1) member under this subsection as chairperson and one (1) member as vice chairperson of the council.
(b) The commissioner or the commissioner's designee shall serve as secretary of the council.
(c) Except for an individual appointed under subsection (a)(3)(C) through (a)(3)(J), a member of the council may not:
(1) have a pecuniary interest in the operation of;
(2) have an ownership interest in;
(3) serve as a voting member of the governing body of; or
(4) provide professional services through employment or under contract to;
an institution, facility, or agency licensed by the state department.
(d) The governor shall make the initial appointments under subsection (a)(3) to the council with the terms of office beginning July 1, 2011, and serving terms as follows:
(1) Eight (8) members shall be appointed for a term of four (4) years.
(2) Eight (8) members shall be appointed for a term of two (2)
years.
After the initial term of office for the council, a member shall be
appointed for a term of four (4) years.
(e) Any vacancy on the council shall be filled by the governor for
the remainder of the unexpired term in the same manner as the
original appointment.
Sec. 3. (a) A member of the council who is not a state employee
is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b).
(b) A member of the council is entitled to reimbursement for
traveling expenses as provided in IC 4-13-1-4 and other expenses
actually incurred in connection with the member's duties, as
provided in the state policies and procedures established by the
Indiana department of administration and approved by the budget
agency.
Sec. 4. (a) The chairperson shall call the first meeting of the
council not more than sixty (60) days after the appointment of all
the members to the council. The council shall meet at least three (3)
times each year on dates fixed by the council.
(b) The chairperson may call a special meeting of the council at
the commissioner's request or upon the written request of at least
four (4) members of the council.
(c) Ten (10) members of the council constitute a quorum for the
transaction of business. The affirmative votes of a majority of the
members are required for the council to take action on any
measure.
(d) The chairperson may approve the creation of a
subcommittee at the request of a majority of the council members.
A subcommittee member:
(1) serves at the pleasure of the council; and
(2) does not receive travel reimbursement or per diem.
Sec. 5. (a) The council shall serve as an advisory body to the
state department regarding facilities and entities licensed under the
following:
(1) IC 16-21.
(2) IC 16-25.
(3) IC 16-27.
(4) IC 16-28.
(b) The council may do the following:
(1) Propose rules to the executive board.
(2) Recommend issuance of interpretative guidelines when
necessary to assist a facility or entity in meeting the
requirements of a rule adopted under:
(A) IC16-21-1;
(B) IC 16-27-0.5; or
(C) IC 16-28-1.
An interpretative guideline is not a rule and may not be used
to contravene a rule.
(c) The council shall do the following:
(1) Propose rules as set forth in the following:
(A) IC 16-21-1-7.
(B) IC 16-21-2-14.
(C) IC 16-27-0.5-9.
(D) IC 16-28-1-7.
(E) IC 16-28-1-11.
(F) IC 16-28-6-2.
(2) Advise the state department as set forth in the following:
(A) IC 16-27-0.5.
(B) IC 16-28-1-7(4).
(3) Make recommendations to the fire prevention and
building safety commission as set forth in IC 16-28-1-7(2).
(4) Classify health facilities in health care categories as
required in IC 16-28-1-7.
Sec. 6. Beginning July 1, 2011, the liabilities, property, records,
and other assets that belonged to the following councils are
transferred to the health care facility advisory council:
(1) The hospital council (established by IC 16-21-1-1, before
its repeal).
(2) The home health care services and hospice services council
(established by IC 16-27-0.5-1, before its repeal).
(3) The health facilities council (established by IC 16-28-1-1,
before its repeal).
(1) adopted under this chapter; or
(2) that may be waived under IC 16-28 for a specified time for a hospital based health facility or a hospital licensed under this article.
(1) expires one (1) year after the date of issuance;
(2) is not assignable or transferable;
(3) is issued only for the premises named in the application;
(4) must be posted in a conspicuous place in the facility; and
(5) may be renewed each year upon the payment of a renewal fee at the rate adopted by the
(1) Violation of any of the provisions of this chapter or of the rules adopted under this chapter.
(2) Permitting, aiding, or abetting the commission of any illegal act in an institution.
(3) Knowingly collecting or attempting to collect from a subscriber (as defined in IC 27-13-1-32) or an enrollee (as defined in IC 27-13-1-12) of a health maintenance organization (as defined in IC 27-13-1-19) any amounts that are owed by the health maintenance organization.
(4) Conduct or practice found by the
department may request the health care facility advisory council to
propose a new rule or an amendment to a rule necessary to protect the
health, safety, rights, and welfare of the home health care patients and
hospice patients. If the council does not propose a rule within ninety
(90) days after the state department's request, the state department may
propose the rule.
(b) The executive board shall consider rules proposed by the council
under this section. and section 7 of this chapter. The executive board
may adopt, modify, remand, or reject specific rules or parts of rules
proposed by the council.
(c) To become effective, all rules proposed by the council under this
chapter must be adopted by the executive board in accordance with
IC 4-22-2.
(1) A licensed physician.
(2) A licensed dentist.
(3) A licensed chiropractor.
(4) A licensed podiatrist.
(5) A licensed optometrist.
(6) A nurse licensed under IC 25-23-1.
(7) A physical therapist licensed under IC 25-27 or a physical therapy assistant certified under IC 25-27.
(8) A speech-language pathologist or an audiologist licensed under IC 25-35.6-3.
(9) A speech-language pathology aide or an audiology aide (as defined in IC 25-35.6-1-2).
(10) An:
(A) occupational therapist;
(B) occupational therapy assistant;
licensed under IC 25-23.5.
(11) A social worker licensed under IC 25-23.6 or a social work assistant.
(12) A pharmacist licensed under IC 25-26-13.
(1) A licensed physician or a physician assistant (as defined in IC 25-22.5-1-1.1).
(2) A dentist licensed under IC 25-14.
(3) A chiropractor licensed under IC 25-10-1.
(4) A podiatrist licensed under IC 25-29.
(5) An optometrist licensed under IC 25-24.
(6) A nurse licensed under IC 25-23-1.
(7) A physical therapist licensed under IC 25-27 or a physical therapy assistant certified under IC 25-27.
(8) A speech-language pathologist or an audiologist licensed under IC 25-35.6-3.
(9) A speech-language pathology aide or an audiology aide (as defined in IC 25-35.6-1-2).
(10) An:
(A) occupational therapist licensed; or
(B) occupational therapy assistant
under IC 25-23.5.
(11) A social worker licensed under IC 25-23.6 or a clinical social worker licensed under IC 25-23.6.
(12) A pharmacist licensed under IC 25-26-13.
(b)
(c) To become effective, all rules adopted under this chapter must be adopted by the executive board in accordance with IC 4-22-2. The rules adopted under this chapter are the only rules governing the licensing and operation of health facilities.
(1) Notice to the patient, the patient's next of kin, guardian, and physician of the emergency transfer and the reasons for the relocation.
(2) Protections designed to ensure the welfare and desires of the patient.
(b) This section applies to the following entities that regulate occupations or professions under the Indiana Code:
(1) Indiana board of accountancy.
(2) Indiana grain buyers and warehouse licensing agency.
(3) Indiana auctioneer commission.
(4) Board of registration for architects and landscape architects.
(c) Notwithstanding any other law, the entities included in subsection (b) shall send a notice of the upcoming expiration of a license to each licensee at least sixty (60) days prior to the expiration of the license. The notice must inform the licensee of the need to renew and the requirement of payment of the renewal fee. If this notice of expiration is not sent by the entity, the licensee is not subject to a sanction for failure to renew if, once notice is received from the entity, the license is renewed within forty-five (45) days of the receipt of the notice.
(d) Notwithstanding any other law, the entities included in subsection (b) shall send notice of the expiration of a license to each individual whose license has expired within thirty (30) days following the expiration of the license. The notice must meet the following requirements:
(1) Inform the individual of the following:
(A) That the individual's license has expired.
(B) Any requirements that must be met before reinstatement of a license may occur.
(2) Be sent electronically. However, if the entity does not have an electronic mail address on record for the individual, the notice must be sent via United States mail.
(b) As used in this section, "fund" refers to the accountant investigative fund established by IC 25-2.1-8-4.
(c) The agency shall create an amnesty program for persons, including firms, required to be licensed under IC 25-2.1 who did not renew their licenses for one (1) or more renewal periods during the period beginning January 1, 2003, and ending June 30, 2011. The amnesty program begins July 1, 2011, and ends September 1, 2011.
(d) To be eligible for the program, the person must:
(1) have held a valid license under IC 25-2.1 on January 1, 2003;
(2) have met the requirements for each missed license period during each missed license period, except for the requirements of having submitted a renewal form and paid the renewal fee; and
(3) provide a sworn statement that the person has not committed any act during the missed renewal periods that would constitute a violation of IC 25-1-11.
(e) When renewing a license under this section, the licensee shall pay:
(1) all missed license renewal fees;
(2) the current license renewal fee; and
(3) an additional fee of one hundred dollars ($100) to be deposited in the fund.
(f) This section expires July 1, 2012.
(1) Permanently revoke a practitioner's license.
(2) Suspend a practitioner's license.
(3) Censure a practitioner.
(4) Issue a letter of reprimand.
(5) Place a practitioner on probation status and require the practitioner to:
(A) report regularly to the board upon the matters that are the basis of probation;
(B) limit practice to those areas prescribed by the board;
(C) continue or renew professional education approved by the board until a satisfactory degree of skill has been attained in those areas that are the basis of the probation;
(D) perform or refrain from performing any acts, including community restitution or service without compensation, that the board considers appropriate to the public interest or to the rehabilitation or treatment of the practitioner; or
(E) satisfactorily complete a quality review (before July 1, 2012) or peer review (after June 30, 2012) specified by the board as a condition for termination of probationary status if the practitioner is a licensee (as defined in
IC 25-2.1-1-8).
(6) Assess a civil penalty against the practitioner for not more
than one thousand dollars ($1,000) for each violation listed in
sections 5 through 9 of this chapter except for a finding of
incompetency due to a physical or mental disability.
(7) Order a practitioner to pay consumer restitution to a person
who suffered damages as a result of the conduct or omission that
was the basis for the disciplinary sanctions under this chapter.
(b) When imposing a civil penalty under subsection (a)(6), the board
shall consider a practitioner's ability to pay the amount assessed. If the
practitioner fails to pay the civil penalty within the time specified by
the board, the board may suspend the practitioner's license without
additional proceedings. However, a suspension may not be imposed if
the sole basis for the suspension is the practitioner's inability to pay a
civil penalty.
(c) The board may withdraw or modify the probation under
subsection (a)(5) if the board finds after a hearing that the deficiency
that required disciplinary action has been remedied or that changed
circumstances warrant a modification of the order.
(1) an individual who; or
(2) a firm in the practice of accountancy that;
attests or issues compilation reports, by at least one (1) individual who holds a certificate from any state and possesses qualifications that meet the applicable substantial equivalency standards and who is independent of the individual or firm being reviewed. The term includes any part of a quality review conducted before July 1, 2012, that becomes part of a peer review conducted or peer review report issued after June 30, 2012.
(b) After June 30, 2012, any reference in any law, rule, or other document to "quality review" as that term was applied under this article before July 1, 2012, shall be treated as a reference to peer review.
(1) an individual who; or
(2) a firm in the practice of accountancy that;
attests or issues compilation reports, by at least one (1) individual who holds a certificate from any state and possesses qualifications that meet the applicable substantial equivalency standards and who is independent of the individual or firm being reviewed.
(b) This section expires July 1, 2012.
(1) The board's meetings and conduct of business.
(2) The procedure of investigations and hearings.
(3) The educational and experience qualifications required for the issuance of certificates under this article and the continuing professional education required for renewal of certificates under IC 25-2.1-4.
(4) Rules of professional conduct directed to controlling the quality and probity of the practice of accountancy by licensees, including independence, integrity, and objectivity, competence and technical standards, and responsibilities to the public and clients.
(5) The actions and circumstances that constitute professing to be a licensee in connection with the practice of accountancy.
(6) The manner and circumstances of use of the title "certified public accountant" and the abbreviation "CPA".
(7) Quality reviews (before July 1, 2012) or peer reviews (after June 30, 2012) that may be required to be performed under this article.
(8) Methods of applying for and conducting the examinations, including methods for grading examinations and determining a passing grade required of an applicant for a certificate. However, the board shall to the extent possible provide that the examination, grading of the examination, and the passing grades are uniform with those applicable in other states.
(9) Substantial equivalency.
(10) Administration of the accountant investigative fund established by IC 25-2.1-8-4.
a condition to renew a permit under this chapter, that an applicant
undergo, not more than once every three (3) years, a quality review
(before July 1, 2012) or peer review (after June 30, 2012) conducted
in a manner the board specifies.
(b) The rules adopted under subsection (a) must:
(1) be adopted reasonably in advance of the time when a quality
review (before July 1, 2012) or peer review (after June 30,
2012) first becomes effective;
(2) include reasonable provision for compliance by an applicant
showing that the applicant has in the preceding three (3) years
undergone a quality review (before July 1, 2012) or peer review
(after June 30, 2012) that is a satisfactory equivalent to the
quality review (before July 1, 2012) or peer review (after June
30, 2012) required under this section;
(3) require, with respect to quality reviews (before July 1, 2012)
or peer reviews (after June 30, 2012) under subdivision (2), that
the quality review (before July 1, 2012) or peer review (after
June 30, 2012) be subject to review by an oversight body
established or sanctioned by the board that shall:
(A) comply with IC 25-2.1-9-4; and
(B) periodically report to the board on the effectiveness of the
review program and provide to the board a listing of firms that
have participated in a quality review (before July 1, 2012) or
peer review (after June 30, 2012) program; and
(4) subject to section 9 of this chapter and IC 25-2.1-9-4,
require, with respect to quality reviews (before July 1, 2012) or
peer reviews (after June 30, 2012) under subdivision (2), that:
(A) the proceedings, records, and work papers of a review
committee are privileged and are not subject to discovery,
subpoena, or other means of legal process or introduction into
evidence in a civil action, arbitration, administrative
proceeding, or Indiana board of accountancy proceeding; and
(B) a member of the review committee or individual who was
involved in the quality review (before July 1, 2012) or peer
review (after June 30, 2012) process is not permitted or
required to testify in a civil action, arbitration, administrative
proceeding, or Indiana board of accountancy proceeding to
matters:
(i) produced, presented, disclosed or discussed during, or in
connection with, the quality review (before July 1, 2012) or
peer review (after June 30, 2012) process; or
(ii) that involve findings, recommendations, evaluations,
opinions, or other actions of the committee or a committee
member.
(b) Any:
(1) materials prepared in connection with a particular engagement merely because they happen to subsequently be presented or considered as part of the quality review (before July 1, 2012) or peer review (after June 30, 3012) process; or
(2) dispute between review committees and individuals or firms subject to a quality review (before July 1, 2012) or peer review (after June 30, 2012) arising from the performance of the quality review (before July 1, 2012) or peer review (after June 30, 2012);
are not privileged.
(1) A violation of IC 25-1-11-5, including:
(A) a peer review rating of fail; or
(B) an act or omission that is the basis of a peer review rating of fail;
on any peer review report issued under this article after June 30, 2012.
(2) Revocation or suspension of the right to practice before a state or federal agency.
(3) Dishonesty, fraud, or gross negligence in the practice of accountancy or in the filing of or failure to file the licensee's own income tax returns.
(4) Any conduct reflecting adversely on the licensee's fitness to engage in the practice of accountancy.
(5) Failure to complete continuing education requirements satisfactorily.
(6) Failure to furnish evidence, when required, of satisfactory completion of continuing education requirements.
(b) A holder of a CPA certificate issued under this article is subject to disciplinary action in this state if the CPA certificate holder:
(1) offers or renders services or uses the CPA title in another state; and
(2) commits an act in that other state for which the CPA certificate holder would be subject to discipline in the other state if the CPA certificate holder were licensed in the other state.
The board shall investigate a complaint made by a board of accountancy or the equivalent of a board of accountancy in another state.
(1) To undergo a quality review
(2)
(1) the board shall direct that a complaint be issued under IC 25-1-7, if the subject of the investigation is a licensee; and
(2) the board shall take appropriate action under IC 25-1-7-14, if the subject of the investigation is not a licensee.
(b) Subsection (a) does not prohibit the board from taking an action permitted under IC 25-1 or IC 25-2.1-8-2, including an action under the following:
(1) IC 25-1-4-5 (conditional license and other actions related to continuing education or lapsed license).
(2) IC 25-1-6-4 (refusal to issue a license or placement on probationary status).
(b) The following definitions apply throughout this section:
(1) "Administering entity" refers to the oversight body established or sanctioned by the board to conduct a peer review program.
(2) "Director" refers to the director of the division of consumer protection in the office of the attorney general.
(3) "Oversight committee" refers to a committee of licensees who are not board members that is designated by the board to receive a report.
(4) "Report" refers to a peer review report described in subsection (a), including any description of the deficiencies on which the peer review rating of fail is based.
(c) The board shall provide the director with the name and contact information for the administering entity.
(d) Not more than thirty (30) days after the issuance of a report, the administering entity shall make the report available to the oversight committee. The oversight committee may forward the report to the director. Receipt of the report shall be treated under IC 25-1-7-4, IC 25-1-7-5, and IC 25-1-7-6 as a complaint submitted by the board. If, after conducting an investigation, the director believes that a licensee should be subjected to disciplinary sanctions by the board, the director shall report the director's determination to the attorney general. Upon receiving the director's report, the attorney general may prosecute the matter, on behalf of the state of Indiana, before the board. IC 25-1-7-7(b) does not apply to a determination related to a complaint filed under this section.
(e) The administering entity and the peer review committee issuing a report shall cooperate with an investigation under IC 25-1-7 of a complaint filed under this section and with any resulting proceeding, including compliance with any request for access to or production of the proceedings, records, and work papers of the review committee by the director, the office of the attorney general, or a party to any proceeding initiated as a result of the filing of a complaint under this section. However, all complaints and information pertaining to a complaint are confidential until the attorney general files notice with the board of the attorney general's intent to prosecute a licensee under IC 25-1-7-7. Any meeting of the board, the oversight committee, or a designee of the board or oversight committee that is required in an investigation conducted before the attorney general files notice of intent to prosecute shall be conducted as an executive session
under IC 5-14-1.5-6.1.
(1) entity administering a quality review program before July 1, 2012, or a peer review program after June 30, 2012;
(2) officer, member, or employee of an entity administering a quality review program before July 1, 2012, or a peer review program after June 30, 2012;
(3) employee or member of a quality review committee before July 1, 2012, or a peer review committee after June 30, 2012; and
(4) entity in which or for which a member of a quality review committee (before July 1, 2012) or peer review committee (after June 30, 2012) is a sole proprietor, a partner, a shareholder, a member, or an employee;
is immune from civil liability that would otherwise arise from communications, supervision, findings, recommendations, evaluations, reports, opinions, or other actions taken or omissions occurring in good faith in the course and scope of the duties of a quality review administering entity (before July 1, 2012) or peer review administering entity (after June 30, 2012) or a quality review committee (before July 1, 2012) or peer review committee (after June 30, 2012) that arise under this article, including the rules adopted by the board. The immunity granted under this section includes immunity for an act or omission related to any part of a quality review conducted under this article before July 1, 2012, that becomes part of a peer review conducted or peer review report issued after June 30, 2012.
disclosing any data required to be disclosed by the standards of the
profession:
(1) in rendering an opinion on the presentation of financial
statements;
(2) in ethical investigations conducted by private professional
organizations;
(3) in the course of quality reviews (before July 1, 2012) or peer
reviews (after June 30, 2012) or an investigation or
proceeding related to a quality review (before July 1, 2012) or
peer review (after June 30, 2012); or
(4) in making disclosure where the financial statements or the
professional services of an accountant are contested.
(1) "Client provided records" means accounting or other records belonging to the client that were provided to the licensee by or on behalf of the client.
(2) "Client records prepared by the licensee" means accounting or other records (for example, tax returns, general ledgers, subsidiary journals, and supporting schedules such as detailed employee payroll records and depreciation schedules) that the licensee was engaged to prepare for the client.
(3) "Supporting records" means information not reflected in the client's books and records that are otherwise not available to the client with the result that the client's financial information is incomplete.
(4) "Working papers" include, but are not limited to, audit programs, analytical review schedules, and statistical sampling results, analyses, and schedules prepared by the client at the request of the licensee.
(b) All statements, records, schedules, working papers, and memoranda made by a licensee or a partner, a member, a shareholder, an officer, a director, or an employee of a licensee, including information prepared by the client for the work and services rendered to a client in the practice of accountancy, except the reports submitted by the licensee to the client and records that are part of the client's records, must remain the property of the licensee except in an express agreement between the licensee and the client to the contrary.
(c) Upon a client's request, a licensee is required to provide the following to the client:
(1) Client provided records in the licensee's custody or
control.
(2) Client records prepared by the licensee. However, client
records prepared by the licensee may be withheld if the
preparation of the records is not complete or there are fees
due the licensee for the engagement to prepare those records.
(3) Supporting records related to a completed and issued
work product of a licensee. However, supporting records
prepared by the licensee may be withheld if there are fees due
to the licensee for the specific work product.
(d) A licensee may make and retain a copy of any records
returned to a client. Records may be provided in any format usable
to the client. To the extent practicable, records shall be returned to
a client not more than forty-five (45) days after a request is
received.
(b) A licensee is not required to keep any work paper beyond the period prescribed in any applicable statute.
(b)
(c) The administrator of a comprehensive care facility must have a comprehensive care facility administrator license issued by the board in accordance with rules adopted under section 8 of this chapter.
(d) The administrator of a residential care facility must have one (1) of the following licenses issued by the board under rules adopted under section 8 of this chapter:
(1) A comprehensive care facility administrator license.
(2) A residential care facility administrator license.
(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 shall, in consultation with the Indiana board of
pharmacy, oversee the adoption of a protocol that allows a
pharmacist to adjust a patient's drug regimen in a setting other
than a hospital and recommend requirements that should be
included in the protocol.
(1) The practice of occupational therapy by an individual who is practicing occupational therapy as part of a supervised course of study in an educational program approved by the board.
(2) The practice of occupational therapy by an occupational therapy assistant who is:
(A)
(B) acting under the supervision of an occupational therapist.
(1) be
(2) practice under the supervision of an occupational therapist who is licensed under this article.
(1) consider the qualifications of persons who apply for licenses under this article;
(2) provide for examinations required under this article;
(3) license qualified persons;
(4) propose rules to the board concerning the:
(A) competent practice of occupational therapy;
(B) continuing competency requirement for the renewal of a license for an occupational therapist and
(C) administration of this article; and
(5) recommend to the board the amounts of fees required under this article.
(1) the competent practice of occupational therapy;
(2) the renewal of licenses
(3) standards for the administration of this article.
(b) After considering the committee's recommendations for fees, the board shall establish fees under IC 25-1-8-2.
(1) practice as an occupational therapist;
(2) practice as an occupational therapy assistant;
(3) use the title "occupational therapist";
(4) use the title "occupational therapy assistant"; or
(5) engage in the practice of occupational therapy;
unless the person is licensed
(1) does not have a conviction for a crime that has a direct bearing on the person's ability to practice competently;
(2) has not been the subject of a disciplinary action by a licensing or certification agency of another state or jurisdiction on the grounds that the person was not able to practice as an occupational therapist or occupational therapy assistant without endangering the public;
(3) has graduated from a school or program of occupational therapy or a program for occupational therapy assistants approved
by the board; and
(4) has passed an occupational therapist or occupational therapy
assistant licensing or certifying examination approved by the
board under section 4.5 of this chapter.
(b) The board may require a person who applies for a
(1) Approve a nationally recognized examination for each type of license
(2) Establish the passing score necessary to obtain a license under this article.
(b) The board may use any part of an examination administered by:
(1) the National Board for Certification in Occupational Therapy, or its successor; or
(2) another nationally recognized body that provides examination services for occupational therapists, as determined by the committee;
as the examination required to obtain a license under this article.
(1) the person has been disciplined by an administrative agency
in another jurisdiction; and
(2) the committee determines that the violation for which the
person was disciplined has a direct bearing on the person's ability
to practice occupational therapy as an occupational therapist.
(b) The committee may refuse to issue a certificate license or may
issue a probationary certificate license to a person if:
(1) the person has been disciplined by an administrative agency
in another jurisdiction; and
(2) the committee determines that the violation for which the
person was disciplined has a direct bearing on the person's ability
to practice as an occupational therapy assistant.
(1) Report regularly to the committee upon a matter that is the basis for the probation.
(2) Limit practice to areas prescribed by the committee.
(3) Continue or renew professional education.
(4) Engage in community restitution or service without compensation for a number of hours specified by the committee.
(b) The committee shall remove a limitation placed on a probationary license
(b) A person may renew a license
(c) If a person fails to pay a renewal fee on or before the expiration date of a license,
license or certificate up to three (3) years after the expiration date of
the license or certificate if the person holding the invalid license or
certificate meets the requirements under IC 25-1-8-6.
(b) If more than three (3) years have elapsed since the date a license
or certificate expired, the person holding the license or certificate may
renew the license or certificate by satisfying the requirements for
renewal established by the board and meeting the requirements under
IC 25-1-8-6.
(1) has a valid license or certificate to practice from another state and the person has applied for a license or certificate from the committee;
(2) is practicing occupational therapy in a state that does not license or certify occupational therapists or occupational therapy assistants but is certified by a national occupational therapy association approved by the board and the person has applied for a license
(3) meets all the following requirements:
(A) Has graduated from an accredited program.
(B) Has completed the fieldwork experience requirement for a license
(C) Is eligible to take the entry level examination.
(b) A person with a temporary permit issued under subsection (a)(3) may engage in the practice of occupational therapy as an occupational therapist or an occupational therapy assistant only under the supervision of an occupational therapist licensed under this article.
(c) A temporary permit expires the earlier of:
(1) the date the person holding the permit is issued a permanent license
(2) the date the committee disapproves the person's license
(3) one hundred eighty (180) days after the date the permit is issued.
(d) The committee may renew a temporary permit if the person holding the permit was scheduled to take the next examination and the person:
(1) did not take the examination; and
(2) shows good cause for not taking the examination.
(e) A permit renewed under subsection (d) expires on the date the person holding the permit receives the results from the next examination given after the permit was issued.
(b) Upon receipt of the notice, the committee shall:
(1) record the fact the person is retired; and
(2) release the person from further payment of renewal fees.
(b) If the committee reinstates a license,
(c) A person may not surrender a license
(1) is licensed or certified to practice occupational therapy as an occupational therapist or occupational therapy assistant in another state; or
(2) is practicing occupational therapy in a state that does not license or certify occupational therapists or occupational therapy assistants and is certified by a national occupational therapy association approved by the board;
and is otherwise qualified under sections 1 through 3 of this chapter and pays an additional fee.
license to a person who has graduated as an occupational therapy
assistant from an educational program in a foreign country if the
person:
(1) graduated from an educational program approved by the
board;
(2) does not have a conviction for:
(A) an act that would constitute a ground for a disciplinary
sanction under IC 25-1-9; or
(B) a crime that has a direct bearing on the person's ability to
practice competently;
(3) has not been the subject of a disciplinary action initiated by a
licensing agency of another state or jurisdiction on the ground that
the person was not able to practice occupational therapy as an
occupational therapist or occupational therapy assistant without
endangering the public;
(4) passes the examination required under this chapter; and
(5) pays a fee.
(1) hospital listed in IC 16-18-2-161(a)(1); or
(2) physician licensed under IC 25-22.5;
concerning the adjustment of a patient's drug regimen by a pharmacist.
(1) The admitting practitioner shall signify in writing in the form and manner prescribed by the hospital whether the protocol applies in the care and treatment of the patient.
(2) A pharmacist may adjust the drug therapy regimen of the patient pursuant to the:
(A) written authorization of the admitting practitioner under subdivision (1); and
(B) protocols of the hospital.
The pharmacist shall review the appropriate medical records of the patient to determine whether the admitting practitioner has authorized the use of a specific protocol before adjusting the patient's drug therapy regimen. The admitting practitioner may at any time modify or cancel a protocol by entering the modification or cancellation in the patient's medical record.
(b)
(b) Upon authorization of a physician who has adopted a protocol under this chapter, the following apply:
(1) The physician shall signify in writing whether the protocol applies in the care and treatment of the patient.
(2) A pharmacist may adjust the drug therapy regimen of the patient under the authorization of the physician.
(3) The pharmacist shall review the appropriate medical records of the patient to determine whether the physician has authorized the use of a specific protocol before adjusting the patient's drug therapy regimen.
(c) The physician who has adopted a protocol under this chapter:
(1) shall take appropriate actions to assure that the pharmacist has the appropriate training to administer the protocol; and
(2) may at any time modify or cancel a protocol by entering the modification or cancellation in the patient's medical record.
(b) As used in this section, "direct supervision" means that the supervising physician is readily available to consult with the pharmacist while the protocol services are being provided.
(c) This section applies to a pharmacist who:
(1) is employed by, or has entered into a contract with, a physician, a group of physicians, or an outpatient clinic; and
(2) is under the direct supervision of a physician.
(d) The protocols developed under this chapter must:
(1) be developed by the physician described in subsection (c)(2) and the pharmacist; and
(2) at a minimum, require that:
(A) the medical records of the patient are available to both the patient's physician and the pharmacist; and
(B) the procedures performed by the pharmacist relate to a condition for which the patient has first seen the physician or another licensed practitioner.
(b) If a physician elects to implement, revise, or renew a protocol in a setting other than a hospital or private mental health institution, the physician shall consult with a pharmacist. However, the physician is the ultimate authority regarding the terms, implementation, revision, and renewal of the protocol.
(1) pass upon the qualifications of physical therapists who apply for licensure and physical therapist's assistants who apply for certification;
(2) provide all examinations either directly or by delegation under subsection (c);
(3) determine the applicants who successfully pass examinations;
(4) license qualified applicants; and
(5) propose rules concerning the competent practice of physical therapy to the board.
(b) The board shall adopt rules, considering the committee's proposed rules, establishing standards for the competent practice of physical therapy.
(c) The committee may approve and utilize the services of a testing company or agent to prepare, conduct, and score examinations.
(d) The board shall adopt rules, considering the committee's
proposed rules, concerning a continuing competency requirement
for the renewal of a:
(1) license for a physical therapist; and
(2) certificate for a physical therapist's assistant.
(1) The supervising physician or the physician designee is physically present at the location at which services are rendered or tasks are performed by the physician assistant.
(2) Both of the following apply:
(A) The supervising physician or the physician designee is:
(i) immediately available for consultation through the use of telecommunications or other electronic means; and
(ii) available to see the patient in person within twenty-four (24) hours upon request of the patient or physician assistant.
(B)
(i) the county
(ii) a county that is contiguous to the county described in item (i).
(b) The term includes the use of protocols, guidelines, and standing orders developed or approved by the supervising physician.
(c) If, after June 30, 2011, a physician assistant's onsite location does not meet the condition specified in subsection (a)(2)(B), the medical licensing board created by IC 25-22.5-2-1 may grant a waiver of the condition as follows:
(1) A request for a waiver must be filed with the medical licensing board as part of the supervisory agreement and must include the following:
(A) A description of the location of the physician assistant's onsite location in relation to the location of the supervising physician or physician designee.
(B) An explanation of the reason for the request for a waiver, including the reason that compliance with subsection (a)(2)(B) is not feasible.
(2) The medical licensing board:
(A) shall review a request filed under subdivision (1);
(B) may request a personal appearance of the supervising physician or the physician assistant, or both, before the medical licensing board to discuss the request for a waiver; and
(C) shall make a determination regarding whether to grant the waiver.
A physician assistant described in this subsection shall not provide services or perform tasks at the onsite location described in this subsection unless the medical licensing board has granted a waiver described in this subsection.
(b) Three (3) members of the committee constitute a quorum. An affirmative vote of a majority of the members appointed to the committee is required for the committee to take action on any business.
(c) The committee shall do the following:
(1) Consider the qualifications of individuals who apply for an initial license under this article.
(2) Approve or reject license applications.
(3) Approve or reject renewal applications.
(b) If a physician assistant determines that a patient needs to be examined by a physician, the physician assistant shall immediately notify the supervising physician or physician designee.
(c) If a physician assistant notifies the supervising physician that the physician should examine a patient, the supervising physician shall:
(1) schedule an examination of the patient in a timely manner unless the patient declines; or
(2) arrange for another physician to examine the patient.
(d) If a patient is subsequently examined by the supervising physician or another physician because of circumstances described in subsection (b) or (c), the visit must be considered as part of the same encounter except for in the instance of a medically appropriate referral.
(e) A supervising physician or physician assistant who does not comply with subsections (b) through (d) is subject to discipline under IC 25-1-9.
(f) A physician assistant's supervisory agreement with a supervising physician must:
(1) be in writing;
(2) include all the tasks delegated to the physician assistant by the supervising physician;
(3) set forth the supervisory plans for the physician assistant, including the emergency procedures that the physician assistant must follow; and
(4) specify the name of the drug or drug classification being delegated to the physician assistant and the protocol the physician assistant shall follow in prescribing a drug.
(g) The physician shall submit the supervisory agreement to the
board. for approval. The physician assistant may not prescribe a drug
under the supervisory agreement until unless the board approves
denies the supervisory agreement. Any amendment to the supervisory
agreement must be resubmitted to the board, for approval, and the
physician assistant may not operate under any new prescriptive
authority under the amended supervisory agreement until unless the
agreement has been approved denied by the board.
(h) A physician or a physician assistant who violates the supervisory
agreement described in this section may be disciplined under
IC 25-1-9.
(b) A physician assistant may not prescribe, dispense, or administer ophthalmic devices, including glasses, contact lenses, and low vision devices.
(c)
(1) A schedule I substance listed in IC 35-48-2-4.
(2) A schedule II substance listed in IC 35-48-2-6.
However, a physician assistant may prescribe one (1) dose of a drug listed in subdivision (2)
(d) A physician assistant may request, receive, and sign for professional samples and may distribute professional samples to patients if the samples are within the scope of the physician assistant's prescribing privileges delegated by the supervising physician.
(e) A physician assistant may not prescribe drugs unless the physician assistant has successfully completed at least thirty (30) contact hours in pharmacology from an educational program that is approved by the committee.
(f) A physician assistant may not prescribe, administer, or monitor general anesthesia, regional anesthesia, or deep sedation as defined by the board. A physician assistant may not administer moderate sedation:
(1) if the moderate sedation contains agents in which the manufacturer's general warning advises that the drug should be administered and monitored by an individual who is:
(A) experienced in the use of general anesthesia; and
(B) not involved in the conduct of the surgical or diagnostic procedure; and
(2) during diagnostic tests, surgical procedures, or obstetric procedures unless the following conditions are met:
(A) A physician is physically present in the area, is immediately available to assist in the management of the patient, and is qualified to rescue patients from deep sedation.
(B) The physician assistant is qualified to rescue patients from deep sedation and is competent to manage a compromised airway and provide adequate oxygenation and ventilation by reason of meeting the following conditions:
(i) The physician assistant is certified in advanced cardiopulmonary life support.
(ii) The physician assistant has knowledge of and training in the medications used in moderate sedation, including recommended doses, contraindications, and adverse reactions.
(g) Before a physician assistant may prescribe drugs, the physician assistant must have
(1) for
(2) at least one thousand eight hundred (1,800) hours.
(1) legend drugs except as provided in section 4(c) of this chapter; and
(2) medical devices (except ophthalmic devices, including glasses, contact lenses, and low vision devices).
(b) Any prescribing authority delegated to a physician assistant must be expressly delegated in writing by the physician assistant's
supervising physician, including:
(1) the name of the drug or drug classification being delegated by
the supervising physician; and
(2) the protocols the physician assistant shall use when
prescribing the drug.
(c) A physician assistant who is delegated the authority to prescribe
legend drugs or medical devices must do the following:
(1) Enter the following on each prescription form that the
physician assistant uses to prescribe a legend drug or medical
device:
(A) The signature of the physician assistant.
(B) The initials indicating the credentials awarded to the
physician assistant by the NCCPA.
(C) The physician assistant's state license number.
(2) Comply with all applicable state and federal laws concerning
prescriptions for legend drugs and medical devices.
(d) A supervising physician may delegate to a physician assistant
the authority to prescribe only legend drugs and medical devices that
are within the scope of practice of the licensed supervising physician
or the physician designee.
(e) A physician assistant who is delegated the authority to prescribe
controlled substances under subsection (a) and in accordance with the
limitations specified in section 4(c) of this chapter, must do the
following:
(1) Obtain an Indiana controlled substance registration and a
federal Drug Enforcement Administration registration.
(2) Enter the following on each prescription form that the
physician assistant uses to prescribe a controlled substance:
(A) The signature of the physician assistant.
(B) The initials indicating the credentials awarded to the
physician assistant by the NCCPA.
(C) The physician assistant's state license number.
(D) The physician assistant's federal Drug Enforcement
Administration (DEA) number.
(3) Comply with all applicable state and federal laws concerning
prescriptions for controlled substances.
(f) A supervising physician may only delegate to a physician
assistant the authority to prescribe controlled substances:
(1) that may be prescribed within the scope of practice of the
licensed supervising physician or the physician designee;
(2) in an amount that does not exceed
(A) a seven (7) a one (1) time thirty (30) day supply; for
treatment of a single acute episode of a condition or injury; or
(B) if a controlled substance cannot be dispensed in an amount
that is small enough to meet the requirement of clause (A), the
smallest dispensable amount; and
(3) in accordance with the limitations set forth in section 4(c) of
this chapter.
If an additional prescription for the controlled substance is
necessary after the one (1) time thirty (30) day supply described in
subdivision (2) has been prescribed, the additional prescription
may be prescribed only by a physician.
(b) A supervising physician or physician designee shall review all patient encounters not later than
(1) Be licensed under IC 25-22.5.
(2) Register with the board the physician's intent to supervise a physician assistant.
(3) Submit a statement to the board that the physician will exercise supervision over the physician assistant in accordance with rules adopted by the board and retain professional and legal responsibility for the care rendered by the physician assistant.
(4) Not have a disciplinary action restriction that limits the physician's ability to supervise a physician assistant.
(5) Maintain a written agreement with the physician assistant that states the physician will:
(A) exercise supervision over the physician assistant in accordance with any rules adopted by the board; and
(B) retain responsibility for the care rendered by the physician assistant.
The agreement must be signed by the physician and physician assistant, updated annually, and made available to the board upon request.
(b) Except as provided in this section, this chapter may not be construed to limit the employment arrangement with a supervising
physician under this chapter.
(b) In emergency situations, as defined by rule of the board, schedule II drugs may be dispensed upon oral prescription of a practitioner, reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with the requirements of section 7 of this chapter. No prescription for a schedule II substance may be refilled.
(c) Except for dosages medically required for a period of not more than forty-eight (48) hours that are dispensed by or on the direction of a practitioner, or medication dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in schedule III or IV, which is a prescription drug as determined under IC 16-42-19, shall not be dispensed without a written, electronic, or oral prescription of a practitioner. The prescription shall not be filled or refilled more than six (6) months after the date thereof or be refilled more than five (5) times, unless renewed by the practitioner. Prescriptions for schedule III, IV, and V controlled substances may be transmitted by facsimile from the practitioner or the agent of the practitioner to a pharmacy. The facsimile prescription is equivalent to an original prescription to the extent permitted under federal law.
(d) A controlled substance included in schedule V shall not be
distributed or dispensed other than for a medical purpose.
(1) "Commission" refers to the Lake Michigan marina and shoreline development commission established by section 2 of this chapter.
(2) "Corridor"
(3) "Environmental fund" refers to the shoreline environmental trust fund established by section 19 of this chapter.
(4) "Environmental grant" means a grant from the environmental fund.
(5) "Qualifying property" means one (1) or more parcels of land in the corridor under common ownership, regardless of whether any improvements are located on the land, with respect to which:
(A) the:
(i) land is unused, if there are no improvements on the land; or
(ii) land and improvements are unused;
(B) all or a part of each parcel of the land is located within five hundred (500) yards of a lake or river; and
(C) there are significant obstacles to redevelopment because of any of the following:
(i) Obsolete or inefficient buildings.
(ii) Aging infrastructure or inefficient utility services.
(iii) Utility relocation requirements.
(iv) Transportation or access problems.
(v) Topographical obstacles.
(vi) Environmental contamination.
JULY 1, 2011]: Sec. 3. The commission consists of the following
members:
(1) The following voting members: appointed by the governor:
(A) The mayor of East Chicago.
(B) The mayor of Gary.
(C) The mayor of Hammond.
(D) The mayor of Michigan City.
(E) The mayor of Portage.
(F) The mayor of Whiting.
(G) Two (2) representatives members, each from a
representing and appointed by a different steel company
that owns land abutting Lake Michigan with a continuous
shoreline of not less than one (1) mile.
(H) One (1) representative of member to represent and to be
appointed by a company that:
(i) is not a steel company; and
(ii) owns land abutting Lake Michigan with a continuous
shoreline of not less than three-tenths (0.3) mile.
(I) One (1) representative of the department of environmental
management.
(J) One (1) representative of the department of natural
resources.
(K) One (1) representative of the Indiana department of
transportation.
(L) (I) One (1) representative of member appointed jointly
by the executives of the following municipalities:
(i) Beverly Shores.
(M) One (1) representative of Burns Harbor.
(N) One (1) representative of (ii) Dune Acres.
(O) One (1) representative of (iii) Ogden Dunes.
(J) One (1) member appointed jointly by the executives of
the following municipalities:
(i) Burns Harbor.
(ii) Chesterton.
(iii) Porter.
(P) One (1) representative of the northwest Indiana advisory
board established under IC 13-13-6.
(Q) (K) One (1) representative of member appointed by a
public utility that owns real property that:
(i) is located in the counties contiguous to Lake Michigan;
and
(ii) has a total assessed value that exceeds the total assessed
value of real property in the counties contiguous to Lake
Michigan that is owned by any other public utility.
(R) The port director of the Port of Indiana-Burns Harbor.
(2) One (1) member, preferably from a visitor and tourism
business, appointed by the lieutenant governor.
(3) (L) Two (2) members appointed by the speaker of the
house of representatives who:
(A) (i) are members of the house of representatives;
(B) (ii) represent house districts that have territory within
the corridor; and
(C) (iii) are not affiliated with the same political party.
If all the house districts that have territory within the corridor
are represented by members of the house of representatives
who are from the same political party, the requirement under
item (iii) cannot be satisfied, the speaker shall appoint a
member of the house of representatives who represents a
house district that is located anywhere in a county that has
territory within the corridor to satisfy may disregard the
requirement under clause (C). item (iii) when appointing
members under this clause.
(4) (M) Two (2) members appointed by the president pro
tempore of the senate who:
(A) (i) are members of the senate;
(B) (ii) represent senate districts that have territory within
the corridor; and
(C) (iii) are not affiliated with the same political party.
If all the senate districts that have territory within the corridor
are represented by members of the senate who are from the
same political party, the requirement under item (iii) cannot
be satisfied, the president pro tempore shall appoint a member
of the senate who represents a senate district that is located
anywhere in a county that has territory within the corridor to
satisfy may disregard the requirement under clause (C). item
(iii) when appointing members under this clause.
(2) The following nonvoting members:
(A) One (1) member to represent the department of
environmental management, appointed by the governor.
(B) One (1) member to represent the department of natural
resources, appointed by the governor.
(C) One (1) member to represent the Indiana department
of transportation, appointed by the governor.
(D) One (1) member appointed by the executive of the
Indiana Dunes National Lakeshore.
(E) The port director of the Port of Indiana-Burns Harbor.
(F) One (1) member appointed by the Lake County
Convention and Visitors Bureau.
(G) One (1) member appointed by the LaPorte County
Convention and Visitors Bureau.
(H) One (1) member appointed by the Porter County
Convention Recreation and Visitor Commission.
(b) A member of the commission
(b) The affirmative votes of a majority of the voting members of the commission are required for the commission to take action on any measure.
(1) Identify qualifying properties.
(2) Prepare a comprehensive environmental master plan for development and redevelopment within the corridor that:
(A) plans for remediation of environmental contamination;
(B) accounts for economic development and transportation issues relating to environmental contamination; and
(C) establishes priorities for development or redevelopment of qualifying properties.
(3) Establish guidelines for the evaluation of applications for environmental grants from the environmental fund.
(4) After reviewing a report from the department of environmental management under section 22 of this chapter,
approval.
(5) Prepare and provide information to political subdivisions on
the availability of financial assistance from the environmental
fund.
(6) Coordinate the implementation of the comprehensive
environmental master plan.
(7) Monitor the progress of implementation of the comprehensive
environmental master plan.
(8) Report at least annually once every two (2) years to the
governor, the lieutenant governor, the Indiana economic
development corporation, the legislative council, the budget
committee, and all political subdivisions that have territory
within the corridor on:
(A) the activities of the commission; and
(B) the progress of implementation of the comprehensive
environmental master plan. and
An annual report under this subdivision to the legislative
council must be in an electronic format under IC 5-14-6.
(9) employ an executive director and other individuals that are
necessary to carry out the commission's duties.
An annual report under subdivision (8) to the legislative council
must be in an electronic format under IC 5-14-6.
(9) Study various plans and recommendations that are
proposed concerning marina development along the corridor.
Based on these studies, the commission shall do the following:
(A) Prepare a comprehensive marina plan.
(B) Recommend state and local legislation for the
development of marinas along the corridor.
(C) Coordinate the implementation of the marina plan and
legislation.
(10) Make marina grants of money to units of local
government for the construction or improvement of a marina
in the corridor if the grants are consistent with the marina
plans, standards, and criteria established by the commission.
(b) It is the goal of marina projects under this chapter to create
employment in the private sector.
(1) Conduct studies necessary for the performance of the commission's duties.
(2) Publicize, advertise, and distribute reports on the commission's purposes, objectives, and findings.
(3) Provide recommendations in matters related to the commission's functions and objectives to the following:
(A) Political subdivisions that have territory within the corridor.
(B) Other public and private agencies.
(4) When requested, act as a coordinating agency for programs and activities of other public and private agencies that are related to the commission's objectives.
(5) Receive grants and appropriations from the following:
(A) Federal, state, and local governments.
(B) Individuals.
(C) Foundations.
(D) Other organizations.
(6) Enter into agreements or contracts regarding the acceptance or use of these grants and appropriations for the purpose of carrying out the commission's activities under this chapter.
(7) Acquire and dispose of real or personal property by grant, gift, purchase, lease, devise, or otherwise.
(8) Hold, use, improve, maintain, operate, own, manage, or lease as lessor or lessee:
(A) real or personal property; or
(B) any interest in real or personal property.
(9) Employ an executive director and other individuals who are necessary to carry out the commission's duties.
(11) Appoint advisory committees, which may include representatives of the following:
(A) Municipal parks.
(B) County parks.
(C) National parks.
(D) Port authorities.
(1) A chairman.
(2) A vice chairman.
(3) A treasurer.
(b) Each officer serves a term of one (1) year beginning July 1 of each year.
(1)
(2) review each environmental grant application
(3) determine the amount of each environmental grant to a political subdivision approved by the
(4) approve, with appropriate signatures, each environmental grant that the
(5) prepare and adopt by majority vote an annual budget for carrying out the activities of the commission.
(b) Appropriated money remaining unexpended or unencumbered at the end of the year and not otherwise restricted by law or agreement becomes part of a nonreverting cumulative fund to be held in the name of the commission. The
(c) The
(1) prescribe the methods and forms for keeping; and
(2) periodically audit;
the accounts, records, and books of the commission. The commission may establish the funds and the accounts that the commission determines necessary to operate the commission.
(d) The treasurer of the
(1) Applicable statutes.
(2) Procedures established by the
(1) The rehabilitation, redevelopment, and reuse of qualifying property by providing environmental grants to political subdivisions to conduct any of the following activities:
(A) Identification and acquisition of qualifying property within a political subdivision.
(B) Environmental assessment of identified qualifying property and other activities necessary or convenient to complete the environmental assessments.
(C) Remediation of environmental contamination conducted on qualifying property.
(D) Clearance of real property under IC 36-7-14-12.2 or IC 36-7-15.1-7 in connection with remediation activities.
(E) Other activities necessary or convenient to return qualified property to full use.
(2) Payment of the share of the operations of the commission, as determined by the commission.
(1) administer the environmental fund; and
(2) report to the
(A) revenue receipted to the environmental fund;
(B) distributions from the environmental fund; and
(C) the balance in the environmental fund.
(b) The following shall be paid from money in the environmental fund:
(1) The expenses of administering the environmental fund.
(2) Environmental grants approved by the
commission under section 17 of this chapter.
(3) The amount budgeted from the environmental fund by the
executive committee commission for the operations of the
commission.
(c) The environmental fund consists of the following:
(1) Appropriations made by the general assembly.
(2) Environmental grants and gifts intended for deposit in the
environmental fund.
(3) Interest, gains, or other earnings of the environmental fund.
(d) The budget agency shall invest the money in the environmental
fund not currently needed to meet the obligations of the environmental
fund in the same manner as other public funds may be invested.
Interest, gains, or other earnings from these investments shall be
credited to the environmental fund.
(e) As an alternative to subsection (d), the budget agency may invest
or cause to be invested all or a part of the environmental fund in a
fiduciary account with a trustee that is a financial institution.
Notwithstanding any other law, any investment may be made by the
trustee in accordance with at least one (1) trust agreement or indenture.
A trust agreement or indenture may allow disbursements by the trustee
to the budget agency as provided in the trust agreement or indenture.
The budget agency and the state board of finance must approve any
trust agreement or indenture before its execution.
(f) Money in the environmental fund at the end of a state fiscal year
does not revert to the state general fund.
(1)
(A) identifies the qualifying property;
(B) includes any ordinances, resolutions, or other documentation of the political subdivision's determination to submit the environmental grant application;
(C) identifies the entity from which the qualifying property has been acquired or will be acquired by the political subdivision;
(D) specifies the cost of acquisition of the qualifying property to the political subdivision, if any;
(E) identifies any environmental contamination of the qualifying property that will be subject to remediation;
(F) specifies the environmental remediation objectives with respect to the qualifying property;
(G) estimates all costs the political subdivision will incur with respect to the qualifying property;
(H) evaluates the prospect for conveyance of the qualifying property for use by a private or public entity; and
(I) includes a schedule of all actions taken or to be taken by the political subdivision with respect to the qualifying property between the time of acquisition and the anticipated time of conveyance by the political subdivision.
(2) Documentation of community and neighborhood comment concerning the use of a qualifying property on which environmental remediation activities will be undertaken after environmental remediation activities are completed.
(b) A political subdivision may apply for
(1) qualifying property previously acquired by the political subdivision by:
(A) purchase; or
(B) donation from a private or public entity; or
(2) qualifying property to be acquired using environmental grant money.
(1) Upon receipt of
(A) environmental assessment of the property; and
(B) proposed environmental remediation with respect to the property.
(2) Submit to the commission a report of its evaluation under subdivision (1).
(3) Evaluate the technical aspects of the political subdivision's environmental remediation activities conducted on qualifying properties.
(4) Act as a liaison with the United States Environmental Protection Agency.
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 23. The executive
committee commission shall develop a priority ranking system for
making environmental grants under this chapter based on the
following:
(1) The comprehensive environmental master plan.
(2) Socioeconomic distress in an area, as determined by the
poverty level and unemployment rate in the area.
(3) The technical evaluation by the department of environmental
management under section 22 of this chapter.
(4) Other factors determined by the commission, including the
following:
(A) The number and quality of jobs that would result from
reuse of the qualifying property.
(B) Housing, recreational, and educational needs of
communities.
(C) Any other factors the executive committee commission
determines will assist in the implementation of this chapter.
(b)
(1) a private entity offers a political subdivision a donation of property for which the political subdivision intends to submit
(2) the donation of the property is conditioned on obtaining from the state a covenant not to sue the private entity for any potential liability arising under state law associated with environmental contamination of the property;
the political subdivision may request that the commission seek the covenant not to sue from the governor. The governor may execute a covenant not to sue under this section.
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 26. The executive
committee commission may adopt guidelines or guidance documents
to implement this chapter without complying with IC 4-22-2.
(1) An airport authority.
(2) A commuter transportation district.
(3) A regional bus authority under IC 36-9-3-2(c).
(4) A regional transportation authority established under IC 36-9-3-2.
(5)
out the purposes of this article by:
(1) acquiring, constructing, equipping, owning, leasing, and
financing projects and facilities for lease to or for the benefit of
eligible political subdivisions under this article;
(2) funding and developing the Gary/Chicago International
Airport expansion and other airport authority projects, commuter
transportation district and other rail projects and services,
regional bus authority projects and services, regional
transportation authority projects and services, Lake Michigan
marina and shoreline development projects and activities, and
economic development projects in northwestern Indiana; and
(3) assisting with the funding of infrastructure needed to sustain
development of an intermodal facility in northwestern Indiana.
(1) Assist in the coordination of local efforts concerning projects.
(2) Assist a commuter transportation district, an airport authority,
(3) Fund projects as provided in this article.
(4) Fund bus services (including fixed route services and flexible or demand-responsive services) and projects related to bus services and bus terminals, stations, or facilities.
(1) Finance, improve, construct, reconstruct, renovate, purchase, lease, acquire, and equip land and projects located in an eligible county or eligible municipality.
(2) Lease land or a project to an eligible political subdivision.
(3) Finance and construct additional improvements to projects or other capital improvements owned by the development authority and lease them to or for the benefit of an eligible political subdivision.
(4) Acquire land or all or a portion of one (1) or more projects from an eligible political subdivision by purchase or lease and lease the land or projects back to the eligible political subdivision,
with any additional improvements that may be made to the land
or projects.
(5) Acquire all or a portion of one (1) or more projects from an
eligible political subdivision by purchase or lease to fund or
refund indebtedness incurred on account of the projects to enable
the eligible political subdivision to make a savings in debt service
obligations or lease rental obligations or to obtain relief from
covenants that the eligible political subdivision considers to be
unduly burdensome.
(6) Make loans, loan guarantees, and grants or provide other
financial assistance to or on behalf of the following:
(A) A commuter transportation district.
(B) An airport authority or airport development authority.
(C) A The Lake Michigan marina and shoreline
development commission.
(D) A regional bus authority. A loan, loan guarantee, grant, or
other financial assistance under this clause may be used by a
regional bus authority for acquiring, improving, operating,
maintaining, financing, and supporting the following:
(i) Bus services (including fixed route services and flexible
or demand-responsive services) that are a component of a
public transportation system.
(ii) Bus terminals, stations, or facilities or other regional bus
authority projects.
(E) A regional transportation authority.
(7) Provide funding to assist a railroad that is providing commuter
transportation services in an eligible county or eligible
municipality.
(8) Provide funding to assist an airport authority located in an
eligible county or eligible municipality in the construction,
reconstruction, renovation, purchase, lease, acquisition, and
equipping of an airport facility or airport project.
(9) Provide funding to assist in the development of an intermodal
facility to facilitate the interchange and movement of freight.
(10) Provide funding to assist a the Lake Michigan marina and
shoreline development commission in carrying out the purposes
of IC 36-7-13.5.
(11) Provide funding for economic development projects in an
eligible county or eligible municipality.
(12) Hold, use, lease, rent, purchase, acquire, and dispose of by
purchase, exchange, gift, bequest, grant, condemnation, lease, or
sublease, on the terms and conditions determined by the
development authority, any real or personal property located in an
eligible county or eligible municipality.
(13) After giving notice, enter upon any lots or lands for the
purpose of surveying or examining them to determine the location
of a project.
(14) Make or enter into all contracts and agreements necessary or
incidental to the performance of its duties and the execution of its
powers under this article.
(15) Sue, be sued, plead, and be impleaded.
(16) Design, order, contract for, and construct, reconstruct, and
renovate a project or improvements to a project.
(17) Appoint an executive director and employ appraisers, real
estate experts, engineers, architects, surveyors, attorneys,
accountants, auditors, clerks, construction managers, and any
consultants or employees that are necessary or desired by the
development authority in exercising its powers or carrying out its
duties under this article.
(18) Accept loans, grants, and other forms of financial assistance
from the federal government, the state government, a political
subdivision, or any other public or private source.
(19) Use the development authority's funds to match federal
grants or make loans, loan guarantees, or grants to carry out the
development authority's powers and duties under this article.
(20) Except as prohibited by law, take any action necessary to
carry out this article.
(b) If the development authority is unable to agree with the owners,
lessees, or occupants of any real property selected for the purposes of
this article, the development authority may proceed under IC 32-24-1
to procure the condemnation of the property. The development
authority may not institute a proceeding until it has adopted a
resolution that:
(1) describes the real property sought to be acquired and the
purpose for which the real property is to be used;
(2) declares that the public interest and necessity require the
acquisition by the development authority of the property involved;
and
(3) sets out any other facts that the development authority
considers necessary or pertinent.
The resolution is conclusive evidence of the public necessity of the
proposed acquisition.
; (11)EH1233.2.154. --> SECTION 154. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 2-5-1.5; IC 4-12-4-16; IC 4-12-5-5;
IC 4-15-1; IC 4-15-2-2.2; IC 4-15-2.5-2; IC 4-23-20; IC 9-23-1;
IC 9-27-2-12; IC 12-15-42; IC 14-13-1-22; IC 14-13-1-23;
IC 14-13-1-24; IC 14-13-1-25; IC 14-13-1-26; IC 14-13-3; IC 14-20-4;
IC 15-15-8-6; IC 15-15-8-9; IC 15-15-8-10; IC 15-15-8-11;
IC 15-15-8-13; IC 15-15-8-16; IC 15-15-8-18; IC 16-21-1-1;
IC 16-21-1-2; IC 16-21-1-3; IC 16-21-1-4; IC 16-21-1-5; IC 16-21-1-6;
IC 16-21-1-8; IC 16-27-0.5-0.5; IC 16-27-0.5-1; IC 16-27-0.5-2;
IC 16-27-0.5-3; IC 16-27-0.5-4; IC 16-27-0.5-5; IC 16-27-0.5-6;
IC 16-27-0.5-7; IC 16-27-0.5-8; IC 16-28-1-1; IC 16-28-1-2;
IC 16-28-1-3; IC 16-28-1-4; IC 16-28-1-5; IC 16-28-1-6; IC 16-28-1-8;
IC 25-23.5-1-5.5; IC 27-1-3-30; IC 36-7-13.5-9; IC 36-7-13.5-13;
IC 36-7-13.5-15; IC 36-7-13.5-16; IC 36-7.5-1-16; IC 36-7.5-1-17.
(1) The Lake Michigan marina development commission.
(2) The shoreline development commission.
The commissions described in subdivisions (1) and (2) are abolished as soon the property, personnel, liabilities, and contractual obligations of the commissions are transferred to the Lake Michigan marina and shoreline development commission. The only actions that a commission described in subdivision (1) or (2) may take after June 30, 2011, are those actions necessary to wind up the affairs of that commission.
(b) The members of the governing body of a commission described in subsection (a)(1) or (a)(2) remain members of the governing body until the commission is abolished. The governing bodies of each commission described in subsection (a)(1) or (a)(2) shall adopt a resolution as the last act of the governing body specifying the abolishment of the commission.
(c) Money transferred from the Lake Michigan marina development commission to the Lake Michigan marina and shoreline development commission shall initially be transferred to a fund that is separate from the shoreline environmental trust fund established by IC 36-7-13.5-19, as amended by this act, and used in accordance with the budget adopted by the Lake Michigan marina and shoreline development commission. The budget may provide for part or all of the money to be transferred and used for the purposes of the shoreline environmental trust fund.
(d) This SECTION expires July 1, 2014.
(b) The occupational therapy committee established by IC 25-23.5-2-1 shall issue a license under IC 25-23.5-5-6 to an individual described in subsection (a). However, the occupational therapy committee and the Indiana professional licensing agency are not required to issue a new license to an individual described in subsection (a) until the license renewal period beginning December 31, 2012.
(c) This SECTION expires March 1, 2013.
