Bill Text: IN SB0223 | 2012 | Regular Session | Enrolled
Bill Title: Department of health matters.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Enrolled - Dead) 2012-03-19 - Signed by the Governor [SB0223 Detail]
Download: Indiana-2012-SB0223-Enrolled.html
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
AN ACT to amend the Indiana Code concerning health.
Be it enacted by the General Assembly of the State of Indiana:
(1) showing official identification; and
(2) except as provided in subsection (b), receiving consent of the owner or occupant of the premises;
the
(b) A local health officer or the officer's designee shall obtain the consent of the owner or the occupant of the premises under subsection (a), except as provided in any of the following circumstances:
(1) Subject to subsection (c), the local health officer or the
officer's designee obtains an order from a circuit or superior
court in the jurisdiction where the premises is located to
authorize the inspection, investigation, evaluation, testing, or
taking of specimens or samples for testing.
(2) An emergency condition that poses an imminent and
serious threat to the health of an individual or the public and
the local health officer or the officer's designee believes that
a delay could result in a greater health risk.
(3) Entry by a local health officer or the officer's designee to
a public place or an area in plain and open view to determine
compliance with public health laws and rules.
(4) Entry under the terms and conditions of a license issued by
the local health department at any reasonable time if
reasonably necessary to determine compliance with public
health laws and rules and the terms and conditions of the
license.
(c) A court described in subsection (b)(1) may issue an order to
inspect, investigate, evaluate, conduct tests, or take specimens or
samples for testing if the court finds that the local health officer or
the officer's designee, by oath or affirmation, provided reliable
information establishing the violation of a public health law or rule
at the premises.
(b) (d) However, a local health officer, or a person acting under the
local health officer, officer's designee, shall not inspect property in
which the local health officer has any interest, whether real, equitable,
or otherwise. Any such inspection or any attempt to make such
inspection is grounds for removal as provided for in this article.
(c) (e) This section does not prevent inspection of premises in which
a local health officer has an interest if the premises cannot otherwise
be inspected. If the premises cannot otherwise be inspected, the county
health officer shall inspect the premises personally.
SECTION 2. IC 16-20-1-26 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 26. (a) A local board
of health or local health officer may enforce the board's or officer's
orders, citations, and administrative notices by an action in the
circuit or superior court. In the action, The court may enforce the order
by injunction. take any appropriate action in a proceeding under
this section, including any of the following:
(1) Issuing an injunction.
(2) Entering a judgment.
(3) Issuing an order and conditions under IC 16-41-9.
(4) Ordering the suspension or revocation of a license.
(5) Ordering an inspection.
(6) Ordering that a property be vacated.
(7) Ordering that a structure be demolished.
(8) Imposing a penalty not to exceed an amount set forth in
IC 36-1-3-8(a)(10).
(9) Imposing court costs and fees under IC 33-37-4-2 and
IC 33-37-5.
(10) Ordering the respondent to take appropriate action in a
specified time to comply with the order of the local board of
health or local health officer.
(11) Ordering a local board of health or local health officer to
take appropriate action to enforce an order within a specified
time.
(b) The county attorney in which a local board of health or local
health officer has jurisdiction shall represent the local health board and
local health officer in the action unless the county executive, local
board of health, or health and hospital corporation employs other
legal counsel or the matter has been referred through law enforcement
authorities to the prosecuting attorney.
SECTION 3. IC 16-37-3-3, AS AMENDED BY P.L.156-2011,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. (a) The physician last in attendance upon the
deceased or the person in charge of interment shall file a certificate of
death or of stillbirth with the local health officer of the jurisdiction in
which the death or stillbirth occurred. The local health officer shall
retain a copy of the certificate of death.
(b) Notwithstanding subsection (a), beginning January 1, 2011, for
a death occurring after December 31, 2010, the physician last in
attendance upon the deceased or the person in charge of interment shall
use the Indiana death registration system established under
IC 16-37-1-3.1 to file a certificate of death with the local health officer
of the jurisdiction in which the death occurred. The local health officer
shall retain a copy of the certificate of death.
SECTION 4. IC 16-37-3-5, AS AMENDED BY P.L.156-2011,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 5. (a) If the person in charge of interment initiates
the process, the person in charge of interment shall present a certificate
of death to the physician last in attendance upon the deceased, who
shall certify the cause of death upon the certificate of death or of
stillbirth.
(b) Notwithstanding subsection (a), beginning January 1, 2011, for
a death occurring after December 31, 2010, using the Indiana death
registration system established under IC 16-37-1-3.1, if the person in
charge of interment initiates the process, the person in charge of
interment shall electronically provide a certificate of death to the
physician last in attendance upon the deceased. The physician last in
attendance upon the deceased shall electronically certify to the local
health department the cause of death on the certificate of death, using
the Indiana death registration system.
SECTION 5. IC 16-38-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) The state
department may develop and maintain an immunization data registry
to collect, store, analyze, release, and report immunization data.
(b) Data in the immunization data registry may be used only for the
following purposes:
(1) To assure that necessary immunizations are provided and
overimmunization is avoided.
(2) To assess immunization coverage rates.
(3) To determine areas of underimmunization and other
epidemiological research for disease control purposes.
(4) To document that required immunizations have been provided
as required for school or child care admission.
(5) To accomplish other public health purposes as determined by
the state department.
(c) The state department may adopt rules under IC 4-22-2
concerning who may input and retrieve information from the
immunization data registry.
SECTION 6. IC 16-38-5-2, AS AMENDED BY P.L.161-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 2. (a) A provider, a physician's designee, or a
pharmacist's designee, or a person approved by the state department
may provide immunization data to the immunization data registry in a
manner prescribed by the state department and for the purposes
allowed under this chapter. unless:
(b) An exemption from the immunization data registry shall be
granted if:
(1) the patient; or
(2) the patient's parent or guardian, if the patient is less than
eighteen (18) years of age;
has completed and filed with the provider, physician's designee, or
pharmacist's designee a written immunization data exemption form
with either the person who provides the immunization or the state
department.
(b) (c) The state department shall create and provide copies of
immunization data exemption forms to:
(1) providers who are:
(A) licensed under IC 25; and
(B) authorized within the provider's scope of practice to
administer immunizations; and
(2) individuals;
who request the form.
(c) (d) The state department shall distribute, to providers, upon
request, written information to be disseminated to patients that
describes the immunization data registry. The written information must
include the following:
(1) That the provider may report immunization data to the
immunization data registry.
(2) That the patient or the patient's parent or guardian, if the
patient is less than eighteen (18) years of age, has a right to
exempt disclosure of immunization data to the registry and may
prevent disclosure by signing an immunization data exemption
form.
(3) That the patient or the patient's parent or guardian, if the
patient is less than eighteen (18) years of age, may have the
individual's information removed from the immunization data
registry.
(4) Instructions on how to have the information removed.
SECTION 7. IC 16-38-5-3, AS AMENDED BY P.L.161-2009,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. (a) Records maintained as part of the
immunization data registry are confidential.
(b) The state department may release an individual's confidential
information from the immunization data registry to the individual or
to the individual's parent or guardian if the individual is less than
eighteen (18) years of age.
(c) Subject to subsection (d), the state department may release
information in the immunization data registry concerning an individual
to the following persons or entities:
(1) The immunization data registry of another state.
(2) A provider or a provider's designee.
(3) A local health department.
(4) An elementary or secondary school that is attended by the
individual.
(5) A child care center that is licensed under IC 12-17.2-4 in
which the individual is enrolled.
(6) The office of Medicaid policy and planning or a contractor of
the office of Medicaid policy and planning.
(7) A child placing agency licensed under IC 31-27.
(8) A college or university (as defined in IC 21-7-13-10) that is
attended by the individual.
(d) Before immunization data may be released to a person or an
entity, the person or entity must enter into an a data use agreement
with the state department that provides that information that identifies
a patient will not be released to any other person or entity without the
written consent of the patient unless the release is to a person or
entity described in subsection (c).
(e) The state department may release summary statistics regarding
information in the immunization data registry if the summary statistics
do not reveal the identity of an individual. to a person or entity that
has entered into a data use agreement with the state department.
(f) The state department shall convene a panel to discuss expanding
access to the immunization data registry. The panel must include at
least one (1) representative of an insurance organization and at least
one (1) member of a health maintenance organization. The state
department shall submit the recommendations of the panel to the
legislative council by October 1, 2009, in an electronic format under
IC 5-14-6.
SECTION 8. IC 16-46-5-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. (a) The Indiana
health care professional recruitment and retention fund is established.
The purpose of the fund is to provide loan repayment for student loans
incurred by health care professionals to encourage the full-time
delivery of health care in shortage areas. The state department shall
administer the fund.
(b) The fund consists of the following:
(1) Appropriations by the general assembly.
(2) Repayments by loan recipients from the Indiana medical and
nursing distribution loan fund under IC 25-22.5-9 (repealed July
1, 1987).
(3) Gifts to the fund.
(4) Grants from public or private sources.
(c) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund.
(d) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
(e) The fund shall be used to do the following:
(1) Provide loan repayment under this chapter.
(2) Pay the costs incurred by the state department in administering
this chapter.
The administrative costs paid from the fund under subdivision (2) may
not exceed thirty thousand dollars ($30,000) per year.
SECTION 9. IC 16-46-5-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9. In order to be
eligible for loan repayment for student loans, a health care professional
must meet all of the following conditions:
(1) Hold an unlimited license to practice a health care profession
in Indiana that has been declared by the state department to be
eligible for loan repayment in a specified fiscal year.
(2) Have either:
(A) completed at least one (1) year of health care professional
practice in a shortage area; or
(B) worked at least one (1) year at a community or migrant
health center or maternal and child health clinic in a shortage
area.
(3) (2) Practice in a shortage area in a health care profession that
has been declared eligible by the state department for loan
repayment in a specified fiscal year.
(3) Either:
(A) enter into an agreement with the state department; or
(B) provide the state department with a copy of an
agreement that the health professional has entered into
with a provider in a shortage area;
to practice in the shortage area for at least one (1) year.
SECTION 10. IC 16-46-5-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 19. (a) The state
department shall adopt rules under IC 4-22-2 necessary to carry out this
chapter.
(b) The state department shall adopt rules under IC 4-22-2 to
ensure that a loan repayment provided under this chapter complies
with federal law and regulations.
SEA 223
Graphic file number 0 named seal1001.pcx with height 58 p and width 72 p Left aligned
