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2008 Indiana Legislative Update - Final

Executive Director's Report from the State House
Vol. 28, No. 6
© 2008
by Ernest Klein, CAE
Executive Director and Lobbyist
Note: Views stated may not necessarily represent those of the Indiana State Nurses Association, Inc.

This week (February 18-22) is the last week for committee hearings in the House and the Senate. So if a bill has not been heard or scheduled for this week (SB003 Pharmacists) it is highly unlikely that it will be passed this session. Subject matter can always be introduced into bills however, during the conference committee process.

HB 1172 Various Professions and Occupations
Speaking on introducing subject matter, HB 1172 was heard in Senate Health and Provider Services Committee on Wednesday. No vote was taken as several amendments were being prepared including language about cord blood banks that was in HB1020 and did not make it out of the House. What is unusual about this is that the topic is so different from the language in HB1172. The Senate has a rule about amendments being germane to the original bill. I guess it doesnât matter in this case as it is a House bill and Rep. Peggy Welch, RN-D, Bloomington, authored both bills.

I spoke in opposition to the Nurse Licensure Compact, which is in HB 1172. The Hospital Association spoke in support of it. There seems to be a belief floating around that the Compact will ãsolve the shortageä. I guess maybe it will in the short-term if facilities use a lot traveling nurses who live in other compact states. Even the Indiana Organization of Nurse Executives cannot come to a consensus on this issue. This has also gotten the attention of the Attorney Generalâs office. Currently a complaint against anyone (nurses, physicians, realtors, auctioneers, etc) who is licensed by the State is investigated by the Consumer Protection Division. That investigation is confidential until a charge is actually filed with the licensing board. Compact legislation requires that investigative information be filed with the national nurses system prior to charges being filed. So an entirely different process would have to be put in place (and other laws changed) to investigate complaints against nurses.

There is still time to make your voice heard, particularly if you are a constituent of one of the members of the Senate Health and Providers Services Committee. It must be must be by done by Tuesday evening as the Committee will be voting on HB 1172 on Wednesday morning. The Senate phone number is (800) 382-9467.
Sen. Patricia Miller, RN-R, Indianapolis, Chairperson
Sen. Gary Dillon, MD-R, Pierceton, Ranking Member
Sen. Vaneta Becker-R, Evansville
Sen. Beverly Gard-R, Greenfield
Sen. Connie Lawson-R, Danville
Sen. Ryan Mishler-R, Bremen, Senate Sponsor of HB 1172
Sen. Marvin Riegsecker, RPh-R, Goshen
Sen. Earline Rogers-D, Gary, Ranking Minority Member
Sen. Sue Errington-D, Muncie
Sen. Vi Simpson-D, Bloomington
Sen. Connie Sipes-D, New Albany
and, Sen. John Broden-D, South Bend, who is not a member of the Committee but is co-sponsor of HB1172.

HB1288 Certified Behavior Analysts
Glenna Shelby, Vice-President, SDS Group and ISNA lobbyist and I met with Senator Dillon and others last week to discuss HB 1288. The bill as introduced would have required that only Board Certified Behavior Analysts could direct Intensive Behavioral Therapy for Children with Autism. The bill that passed the House was amended to only provide title protection. That is only Board Certified Behavior Analysts could profess to be a board certified behavior analyst and only those individuals could use the initials ãBCBA.ä There was an attempt again to put back in language that had been amended out in the House.

Glenna Shelby clearly outlined ISNAâs and others (MFT, psychologists, physicians) concerns about the additional language.

Thank you for the chance to comment on you suggestions re: HB 1288.
First let me clarify that we share your concerns that children with Autism receive meaningful and appropriate care. Providers misrepresenting themselves should be stopped and disciplined for their actions. The authority to do that exists in current law.

1) The term "behavior analysis" is a broad, sweeping term that includes many techniques and theories practiced by many providers, yet it's used here as though it's "owned" by the BACB.

2) "The scope of practice is defined by the BACB." Health care provider scopes of practice are governed by the states; we can't agree to permitting a non-public board outside the state's reach to define a scope of practice and delegating that authority in statute. We feel this is bad public policy and not in the best interest of the residents in the state.

3) The American Nurses Credentialing Center bestows certification of 50 or more varieties to practitioners in multiple disciplines. Likewise the various physician specialty groups bestow various specialty certifications--as do Realtors¨ and other professional group/boards. Its' just as appropriate for those groups to seek statutory recognition for their certification and for their statements of scope of practice as this is--but that would be bad public policy too.

4) Curiously, the BACB's website indicates it doesn't have a specialty certification for children with Autism. So the certification for which you seek recognition is a generalist certification.

5) We can resist objecting to HB 1288 as it passed from the House, because we did believe that we had all reached an agreement for the session, not just for the week.

Long story short, we have been informed that the bill will proceed as it came from the House, title protection only.

Senate Health and Provider Services
Wednesday, February 20
Senate Chamber
HB 1172 Various professions and occupations.
  *Note: HB 1172 - Previously Heard Bill No Testimony.
HB 1140 Coverage for orthotic and prosthetic devices.
  *Note: HB 1140 - Previously Heard Bill No Testimony.
HB 1055 Assignment of benefits.


House Public Health
February 20, 3:30 pm
House Chamber
SB 0143 Childhood lead poisoning prevention.
  *Note: SB 143 is Sub-committee report and vote
SB 0154 Regulated occupation definition.
SB 0247 Home medical equipment licensing.
SB 0153 Extension of dentist instructor license