Rep. Robin Shackleford

Amends the definition of "prescriptive supervision" concerning circumstances under which a licensed dentist is not required to be present in a facility when patient care is provided by a dental hygienist. Restates restrictions on use of a laser by a dental hygienist. Provides that a dental hygienist may administer topical local dental anesthetics, other than nitrous oxide or similar analgesics, without supervision. Prescribes requirements for administration of nitrous oxide by a dental hygienist or a dental assistant. Provides, for purposes of regulation of dental hygienists, that a person, other than a dentist, a physician, or a dental assistant who administers nitrous oxide is considered to be practicing dental hygiene. Removes a limitation on the number of credit hours earned for certification in basic life support that may be applied to a dental hygienist's continuing education requirement. Provides that there is no limit on the number of credit hours a dental hygienist may earn for completion of an approved course offered by another dental hygienist.

Increases the penalty for numerous motor vehicle violations from a Class C infraction to a Class A infraction if the violation results in bodily injury. Requires the bureau of motor vehicles to remove any record of a suspension from a defendant charged with operating while intoxicated if the case ends in favor of the defendant and the defendant's driving privileges were suspended because: (1) the defendant refused a chemical test; or (2) the results of a chemical test resulted in prima facie evidence of intoxication. Provides that a court and the bureau, if applicable, shall terminate all or any part of the remaining suspension of a person's license suspension if: (1) the charges against the person are dismissed; (2) the person is acquitted; or (3) the person's conviction is vacated or reversed on appeal. Provides that a court shall terminate a suspension imposed for refusal to submit to a chemical test if: (1) the court accepts a plea agreement between the state and the defendant that includes this provision; or (2) the court finds at sentencing that terminating the remaining suspension is in the best interests of society. Adds cross references concerning license suspensions and ignition interlock devices. Makes an individual less than 18 years of age eligible for a deferral program. (Under current law, individuals under 18 years of age are not eligible for deferral.) Repeals certain driving privilege suspensions when a motor vehicle is used in dealing certain controlled substances. Makes conforming changes.

Establishes penalties for intentionally interfering with an investigation and enforcement of a home health agency by the state department of health (department). Allows the department to use the immunization data registry to store and release nonimmunization personal health information. States that a responsible member of a family may release a deceased patient's medical records if the deceased patient does not have a surviving spouse or child or a personal representative of the estate. Allows mental health records to be disclosed without the consent of the patient for research purposes by rules of the Indiana archives and records administration and the oversight committee on public records. Allows health records to be disclosed by the Indiana archives and records administration to another provider or nonprofit research organization (current law is a nonprofit medical research organization) in connection with a scientific, statistical, or education project. Changes the title of a "certified food handler" to "certified food protection manager" (CFPM). Repeals the definition of "food handler". Requires a CFPM to provide certain documents to the food establishment and obtain a valid certificate every five years. Prohibits using the title "certified food protection manager" unless the person holds a certificate. Provides that a CFPM may be required to be present during all hours of operation if the department and food establishment agreed upon a variance concerning the requirements for the operation of the food establishment. Amends the establishments that are exempt from the certified food protection manager requirements. Establishes new penalties. Provides for the transition of an existing certified food handler to a certified food protection manager. Makes conforming changes.

Amends various statutes to conform to HEA 1269-2019. Removes the one year limitation on renewing the registration of a pharmacist intern. Provides that the terms for members of the Indiana athletic trainers board are "specified" rather than "made". Removes the requirement that an out-of-state provider's home state extend reciprocity to Indiana licensees when considering the out-of-state provider's application for a license to provide home medical equipment services on the basis of reciprocity. Provides that an out-of-state provider does not need to: (1) have a physical facility; or (2) maintain inventory; in Indiana in order to obtain reciprocity for the purpose of providing home medical equipment services. Reorganizes the home medical equipment services statute by separating the reciprocity requirements from the general license application statute. Updates terminology in the physician assistant statute to refer to collaboration rather than supervision in conformance with HEA 1248-2019. Specifies that a registration concerning the manufacture, distribution, or dispensing of a controlled substance is automatically revoked when: (1) the registration is surrendered for cause; or (2) the Drug Enforcement Administration terminates, denies, or suspends the registration. Makes technical corrections.

Amends the definition of "genetic counseling" for purposes of the genetic counselor licensing laws. Requires the genetic counselor master's degree training program to be accredited by the Accreditation Council for Genetic Counselors. (Current law requires accreditation by the American Board of Genetic Counseling.) Updates references to the American Board of Medical Genetics and Genomics. Amends requirements for a temporary license. Requires an applicant to complete the continuing education requirements of certain certifying organizations to renew a license. Provides that a genetic counselor may not be required to perform, participate in, or provide a service that violates any sincerely held ethical, moral, or religious belief held by the genetic counselor, and allows for a civil action for damages or reinstatement of employment for a violation. Repeals the law concerning education hardship waiver provision.

Requires the state employee health plan, Medicaid, policies of accident and sickness insurance, and health maintenance organization contracts that provide coverage for emergency medical services to reimburse for emergency medical services that are: (1) rendered by an emergency medical services provider organization; (2) within the emergency medical services provider organization's scope of practice; (3) performed or provided as advanced life support services; and (4) performed or provided during a response initiated through the 911 system.

Specifies that an "adult" is: (1) a person at least eighteen years of age; or (2) a: (A) married minor who is at least sixteen years of age; or (B) minor that has been completely emancipated by a court; for the purpose of marriage. Raises the minimum age to marry from 15 years of age to 16 years of age. Provides that an individual 16 or 17 years of age may marry only if: (1) the individual's intended spouse is not more than four years older than the individual; (2) a juvenile court has issued an order allowing the individual to marry; and (3) the individual: (A) completes any premarital counseling required under the order; (B) applies for a marriage license not earlier than 15 days after the order is issued; and (C) includes a certified copy of the order with the individual's application for a marriage license. Repeals provisions requiring an individual less than 18 years of age to obtain consent to marry from the individual's parent or guardian. Specifies a process an individual 16 or 17 years of age must follow to petition a juvenile court for an order allowing the individual to marry, and specifies conditions necessary for approval of the petition and conditions requiring denial of the petition. Provides that a court that issues an order allowing an individual at least 16 years of age to marry must also issue an order completely emancipating the individual. Amends the list of records or documents an individual may submit to a court clerk as proof of the individual's date of birth for purposes of applying for a marriage license. Amends the law regarding petitions by minors for emancipation as follows: (1) Provides that a court hearing a minor's petition for emancipation must appoint a guardian ad litem for the minor. (2) Provides that the guardian ad litem shall investigate the statements contained in the minor's petition and file a report of the investigation with the court. (3) Provides that a court may grant a minor's petition for emancipation only if the court finds that emancipation is in the child's best interests. (4) Provides that if the court completely emancipates the child: (A) the child has all the rights and responsibilities of an adult; and (B) the emancipation order may not specify terms of emancipation. Provides that an emancipated child remains subject to: (1) Indiana law concerning minimum age for marriage; and (2) other specific constitutional and statutory age requirements applicable to the emancipated child because of the emancipated child's age. Makes conforming amendments.

Requires a school corporation, charter school, or accredited nonpublic school to certify to the department of homeland security that the school corporation, charter school, or accredited nonpublic school has a memorandum of understanding in place with a community mental health center or provider certified or licensed by the state to provide mental and behavioral health services to students before applying for a grant from the Indiana secured school fund. Provides that the community mental health center or provider may be employed by the school corporation, charter school, or accredited nonpublic school. Requires a school corporation and a charter school to enter into a memorandum of understanding with a community mental health center or provider certified or licensed by the state to provide mental and behavioral health services to students. Requires the division of mental health and addiction to develop a memorandum of understanding for referral and assist school corporations and charter schools in obtaining a memorandum of understanding with a community mental health center or an appropriate provider. Requires each school corporation and charter school that enters into a memorandum of understanding with a community mental health center or appropriate provider to comply with certain confidentiality and referral requirements.

Requires hospitals, ambulatory outpatient surgical centers, and urgent care facilities to post certain information on their Internet web sites about health care services they provide, including the weighted average negotiated charges for the services. Provides that an insurer that issues a group health insurance policy or a health maintenance organization that enters into a group health maintenance organization contract shall disclose to the policyholder or subscriber: (1) the amount of the commission, service fee, or brokerage fee to be paid to an insurance producer for selling, soliciting, or negotiating the policy or contract; and (2) whether the commission or fee is based on a percentage of total plan premiums or a flat per member fee. Requires that this information be disclosed at the outset and upon renewal of the policy or contract. Prohibits the inclusion in a health provider contract of a provision under which a provider (an individual or entity licensed or authorized to provide health care services) would be prohibited from disclosing health care service claims data to an employer providing the coverage. States that the inclusion of such a provision in a health care provider contract is an unfair or deceptive act or practice in the business of insurance. Requires the department of insurance to submit a request for information and a request for proposals concerning the establishment and operation of an all payer claims data base, which will receive and contain information on claims paid by insurers, health maintenance organizations, pharmacy benefit managers, and other payers. Provides that a fully credentialed provider shall be reimbursed by an insurer or health maintenance organization for eligible services provided at an in-network hospital if certain conditions are met.

Requires a pharmacy benefit manager to obtain a license issued by the department of insurance and sets forth requirements of the pharmacy benefit manager. Provides for the commissioner of the department of insurance to adopt rules to specify licensure, financial and other standards, and reporting requirements that apply to a pharmacy benefit manager. Sets forth requirements and prohibitions of a pharmacy benefit manager. Allows a party that has contracted with a pharmacy benefit manager to request an audit of compliance at least one time per year. Makes violations of the chapter concerning pharmacy benefit managers an unfair or deceptive act or practice in the business of insurance. Allows a pharmacy benefit manager to obtain the license not later than December 31, 2020, in order to do business in Indiana and provide services for any health provider contract beginning January 1, 2021. (The introduced version of this bill was prepared by the interim study committee on public health, behavioral health, and human services.)