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Notice:
This confidential material
is for the exclusive use of ISNA members and subscribers. DO NOT
electronically distribute or photocopy this information under
penalty of federal law.
© 2006 Indiana State Nurses Association |
Executive
Director's Report from the State House
Vol. 28, No. 13 - Final Report for 2006
© 2006
by Ernest Klein, CAE
Executive Director and Lobbyist
The General Assembly adjourned shortly before
the Tuesday, March 14, 2006, midnight deadline. This may have been a “short”
session, but it was not short on substantive issues. Of course the main news
was that the Governor’s Major Moves proposal to lease the Indiana Toll Road
passed by only the 51 votes required in the House.
ISNA followed over 50 bills during this session. We followed many bills--not
just the ones directly relating to nursing or healthcare. We couldn’t have
done it without the assistance of SDS Group (Doug Simmons, Glenna Shelby,
and Ron Breymier) who were at the General Assembly every day, all day while
it was in session.
Bills That Did Not Make It Through The Process
SB 336 Diabetes care in schools
This bill would have required that certain other persons in the school
corporation be familiar with a diabetic student’s plan of care and be able
to assist, including injection of glucagons if the school nurse were not
available. It passed the Senate, did not receive a hearing in the House, was
amended by the Senate into a House Bill, went to conference committee, and
was then removed in conference committee. Sen. Landske, the original author
of SB 336, authored a Senate resolution that the issue be studied in an
interim study committee. ISNA did not support this bill as we felt the
issues could be dealt with by rules in the Department of Education and the
State Department of Health. It would have established a precedent. What
disease or condition would next be put into statute–asthma, seizure
disorders, etc.
HB 1312 and SB 324 Various schools issues
These identical bills, at least they started out that way, had a provision
to permit school corporations to contract with at least an associate degree
RN for health services. We spent a lot of time getting the language
perfected in the twin bills. HB 1312 was not called for third reading in the
House. SB 324 passed the Senate, was amended in the House Education
Committee, but was not called for third reading in the House due to a lot of
opposition to the many provisions in the bill. Rep. Behning tried to include
provisions of SB 324 into another House Bill in conference committee but was
not successful.
Abortion
HB 1172 required 18-hour written instructions to women that a fetus
can feel pain and that life starts at the moment the sperm meets the egg.
That language was modified and approved in the Senate. HB 1172 went to
conference committee and much of the original House language was amended
back in. The House adopted the conference committee report, but apparently
time ran out in the Senate; so the bill died.
HB 1080 would have imposed strict building code requirements for
abortion facilities. The Senate passed an amended, more moderate, version,
and the bill went to conference committee. No conference report was filed;
so that issue is dead for this session also.
Regulation of other healthcare providers
HB1098 Massage therapy regulation. Passed the House, no hearing in the
Senate.
HB 1237 Licensure of midwives (non nurse). No hearing in the House.
SB0130 Occupational therapists. No hearing in the Senate.
SB0166 Physical therapy. Was amended in and passed by the Senate. No hearing
in the House.
Bills Signed By The Governor
HB1106 - Automatic external defibrillators
Allows certain persons who provide emergency medical services to use an
automated external defibrillator without requiring a certificate. Removes:
(1) the use of an automatic or semiautomatic defibrillator from the
definition of basic life support; and (2) the requirement that a person or
entity that acquires a defibrillator ensure that the users have completed
certain courses and have enlisted a physician for medical direction.
HB1112 - Communications of sympathy.
Prohibits a court from admitting a communication of sympathy into evidence.
Provides that a court may admit a statement of fault into evidence,
including a statement of fault that is part of a communication of sympathy,
if otherwise admissible under the Indiana Rules of Evidence.
HB1123 - Sexual assault standards and certification board.
Creates the sexual assault standards and certification board (board) to
certify sexual assault victim advocates. Requires the board to convene not
later than October 1, 2006. Transfers control of the sexual assault victims’
account from the state department of health to the board. Repeals the sexual
assault victims’ assistance fund and replaces it with the sexual assault
victims’ account.
HB1235 - Isolation, and quarantine, and health matters.
Establishes the procedure for a public health authority to obtain or issue
an order to restrict the movement of an individual in the least restrictive
manner when there is evidence that the individual has been exposed to a
communicable disease, and requires a public health authority to distribute
certain information to the public. Prohibits a public health authority from
prohibiting a person from possessing a firearm unless the person is in a
mass quarantine location, and prohibits the removal of a firearm from a
person's home. Establishes certain procedures concerning immunizations.
Provides that a person, facility, or other location that meets certain
criteria is immune from civil liability resulting from an act or omission in
providing health care services during an event that is declared a disaster
emergency, even if the services were provided before or after the disaster
emergency declaration. Makes it a Class A misdemeanor to violate the
conditions of quarantine or isolation. Provides an exemption to food
sanitation law for specified organizations under certain circumstances until
January 1, 2008. Repeals superseded provisions concerning the isolation of
certain individuals.
HB1238 - Emergency management mobile support.
Specifies the types of individuals who and the time frame in which an
individual can be called to duty with a mobile support unit. Specifies: (1)
liability provisions concerning the individual; and (2) compensation and
reimbursement available to a member's employer or a member of a mobile
support unit who is not an employee of the state or a political subdivision.
HB1281 - Domestic violence.
Makes domestic battery a Class D felony if: (1) the person who committed the
offense has a previous unrelated conviction for a substantially similar
crime in Indiana or any other jurisdiction; or (2) it is knowingly committed
in the presence of a child less than 16 years of age. Makes strangulation a
Class D felony.
HB1314 - Substance and alcohol use during pregnancy.
Requires the state department of health to study the use of drugs, alcohol,
and tobacco by pregnant women. Requires the study to be completed and a
report to be submitted to the legislative council and the health finance
commission before October 1, 2006.
HB1420 - Employee tobacco use.
Allows an employer to implement financial incentives related to employer
provided health benefits to reduce employee tobacco use.
SB0041 - Division of Aging and long term care.
Establishes the division of aging as a division separate from the division
of disability and rehabilitative services. Reestablishes the self-directed
in-home care program (program) that expired July 1, 2005. Requires the
office of the secretary of family and social services to report to the
legislative council before November 1, 2009, on the implementation and
outcome of the program. Allows the office of the secretary to use the survey
performed by the state department of health when licensing a home health
agency or personal services agency in determining whether to approve the
entity to provide services for programs administered by the office of the
secretary. Requires that 51 percent of a center for independent living's
board must have a significant disability to be considered to have consumer
control. Requires the office of Medicaid policy to study certain programs
and expenditures concerning long term care and report the findings to the
select joint commission on Medicaid oversight. Removes obsolete references.
Makes conforming amendments and a technical correction.
SB0042 - FSSA evaluation survey.
Requires the family and social services administration (FSSA) to provide
certain information to the evaluation staff or a contractor of the
legislative services agency. Allows the legislative services agency to
contract with a research organization to perform any part of the survey.
SB0111 - Student nutrition and physical activity.
Lowers the percentage in the definition of "qualifying school building" from
25 percent to 15 percent beginning July 1, 2007, for purposes of the school
breakfast and lunch programs. Requires school boards to establish a
coordinated school health advisory council to develop a local wellness
policy that complies with certain federal requirements. Requires the
department of education to provide information concerning health, nutrition,
and physical activity. Establishes requirements applying to food and
beverage items that are available for sale to students outside the federal
school meal programs, including a requirement that a certain percentage of
the food and beverage items qualify as better choices. Provides that the
requirements do not apply after school hours or to fundraisers. Requires
daily physical activity for elementary school students in public schools,
with certain exceptions. Allows a school to continue a vending machine
contract in existence before the passage of this bill.
SB0112 - Transfer of first steps program.
Creates the bureau of child development services within the division of
disability, aging, and rehabilitative services. Places the infants and
toddlers with disabilities program (first steps) under the bureau of child
development services. Reorganizes language regarding the co-payment schedule
and co-payment requirements. Specifies the health records to which the
division has access in administering first steps. Requires families
participating in first steps to consent to allow the division to bill third
party payors. Requires the division to waive a family's co-payment in any
month for which the division receives payment from the family's health
insurance coverage. Makes conforming amendments, including a repeal of
current provisions concerning first steps.
SB0147 - Insurance payments to health care providers.
Specifies certain requirements for an insurer or a health maintenance
organization in requesting repayment or adjusting subsequent claims to
obtain reimbursement for an overpaid or an underpaid claim to a health care
provider.
SB0168 - Medicaid fraud.
Specifies that a prosecuting attorney may refer a case involving abuse or
neglect of a Medicaid patient, in addition to Medicaid fraud, to the
attorney general for prosecution.
SB0208 - Medical alert on licenses or identification cards.
Provides that if an applicant for a driver's license, a learner's permit, or
an identification card submits information concerning the applicant's
medical condition to the bureau of motor vehicles, the bureau shall include
an identifying symbol and a summary of the information on the driver's
license, learner's permit, or identification card. Requires the bureau to
inform an applicant that submission of medical information is voluntary.
Removes from the statutes the provisions for including an applicant's blood
type on a driver's license, learner's permit, or identification card.
SB0266 - Bariatric surgery.
Specifies that a physician's duty to monitor a bariatric surgery patient for
five years applies unless the physician is unable to locate the patient
after a reasonable effort. Establishes certain topics that must be discussed
with a patient before bariatric surgery. Specifies the information that must
be reported to the state department of health and provides that a report
made by a physician to the state department of health of a death, serious
side effect, or major complication of a patient who had surgical treatment
for the treatment of morbid obesity is confidential. Specifies that
statistical reports compiled by the state department from the reported
information are subject to public inspection. Requires six months of
supervised non-surgical treatment before health insurance, a state health
care plan, or a health maintenance organization must cover surgical
treatment for morbid obesity. (Current law requires 18 months of supervised
non-surgical treatment.)
SB0284 - Statewide trauma system.
Establishes the state department of health as the lead agency for the
development and implementation of a statewide trauma system, and authorizes
the state department to adopt rules concerning the trauma system.
SB0308 - Medicaid income spend down.
Allows the office of Medicaid policy and planning to apply for federal
approval to amend the state Medicaid plan to include a pay-in option under
which a Medicaid recipient may satisfy the state's income spend down
requirements by paying to the state the spend down amount each month.
SB0333 - Professional licensing.
Requires a person who has failed the veterinarian examination three times to
take remedial education before being allowed to retake the examination.
Requires a provider who provides a patient with a contact lens prescription
to comply with federal law. Establishes certain continuing education
requirements that apply to all professions for which continuing education is
required. Requires certain licensed professionals to provide the
professional licensing agency (agency) or the state department of health
with their Social Security numbers. Allows the agency or the state
department of health to release Social Security numbers to testing services
and state boards and professional organizations. Amends the definition of
"school psychology" to include certain referrals to speech-language
pathologists, audiologists, and occupational therapists. Requires the
medical licensing board to establish a seven-year pilot program for the
training of graduates of international medical schools that have not been
approved by the board. Establishes uniform professional license
reinstatement requirements. Requires barbering and cosmetology schools to
administer the practical examination. Removes barber health certificate
requirements. Amends the definition of "cosmetology" to include certain acts
performed on a person's torso. Allows the medical licensing board to
establish conditions for the reactivation of a physician's license. Allows
the agency to set a uniform renewal date for licensed manufactured home
installers. Transfers the duties of the optometric legend drug prescription
advisory committee to the optometry board. Removes the private detective
licensure exemption for certain law enforcement officers. Establishes a
limited scope temporary psychology permit. Requires a person who passes the
real estate salesperson examination or broker examination to apply for a
license within one year. Allows the issuance of a renewal license to certain
speech-language pathologists who are not currently licensed. Repeals:
provisions concerning license reinstatement, temporary barber and
cosmetology licenses, master cosmetologist licenses, shampoo operator
licenses, and cosmetology continuing education; an expired provision
concerning hearing aid dealers; and nonconforming continuing education
provisions. Makes technical and conforming amendments.
SB0342 - Electronic prescription tracking program.
Establishes the scheduled prescription electronic collection and tracking
(INSPECT) program within the professional licensing agency. Moves the
responsibilities of the controlled substances central repository to the
INSPECT program. Provides that the administration of the INSPECT program may
be contracted to an outside vendor. Permits the INSPECT program to certify
who may receive information from the INSPECT program. Allows the controlled
substances advisory committee (committee) to set educational standards for
individuals who receive information from the INSPECT program and to identify
treatment for individuals addicted to substances monitored by the INSPECT
program. Provides that information concerning when certain controlled
substances are dispensed is required to be transmitted to the INSPECT
program within seven days after the controlled substance is dispensed.
Provides immunity from civil liability for a practitioner regarding the use
of certain information. Repeals definition of "central repository." Repeals
language concerning expenses for the central repository.
ISNA Nurse PAC
The ISNA-Nurse Political Action Committee (PAC) Board of Trustees met March
24, 2006. The Board approved PAC contributions to the following candidates
for the Indiana General Assembly who have opposition in the May primary
election:
• Sen. Robert Garton, R-Columbus, District 41
• Rep. Charlie Brown, D-Gary, District 3
• Rep. Mary Kay Budak, R-LaPorte, District 20
• Rep. Suzanne Crouch, R-Evansville, District 78
• Rep. Linda Lawson, D-Hammond, District 1
• Rep. Donald Lehe, R-Brookston, District 15
The Board of Trustees will meet after the May primary to make decisions
about contributions to candidates for the November election. Non tax
deductible contributions to the PAC may be sent to ISNA-Nurse PAC, Ernest
Klein, Treasurer, c/o ISNA, 2915 North High School Road, Indianapolis, IN
46224.
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