Sen. Ronald Grooms

Prohibits the sale of flavored e-liquid to a person of any age. Defines "flavored e-liquid" as e-liquid that contains a constituent ingredient that is added for the purpose of imparting a characterizing flavor. Provides that a manufacturer, distributor, or retailer may not manufacture, distribute, or market flavored e-liquid in Indiana. Authorizes the alcohol and tobacco commission to investigate and enforce penalties for certain violations involving flavored e-liquid.

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.

Provides that, except in certain circumstances, a person may not hold or use a telecommunications device while operating a moving motor vehicle. Removes prohibitions on typing, transmitting, or reading a text message or an electronic mail message while operating a moving motor vehicle. Provides that the bureau may not assess points under the point system for a violation occurring before July 1, 2021.

Defines the terms "community based palliative care" and "palliative care". Provides that a hospice provider may provide community based palliative care to a patient who is not eligible for hospice care if the hospice provider: (1) meets certain licensing requirements; and (2) is certified in community based palliative care by an organization approved the state department of health.

Provides that: (1) a health benefits plan; or (2) an employee health plan; may not require authorization for services specified in a covered individual's individualized family service plan once the individualized family service plan is signed by a physician. Adds habilitative services to the services that are required under the definition of "early intervention services" for purposes of the First Steps program. Provides that a member of the interagency coordinating council (council) shall continue to serve until a successor is appointed. Removes the authority of the governor to designate the chairperson of the council or to call a meeting of the council. Requires the council to annually elect a chairperson and vice chairperson. Provides that, except for members of the general assembly, per diem and travel expenses for council members are governed by the policies and procedures established by the Indiana department of administration and approved by the budget agency. Establishes procedures that the division must follow before making a change to the cost participation schedule under the First Steps program. Establishes a method to determine the rate at which: (1) a provider of the services under the First Steps program; or (2) the division; is reimbursed for providing early intervention services using Current Procedural Terminology (CPT) code rates. Provides that: (1) a health plan information card issued: (A) to an insured by an insurer for a policy of accident and sickness insurance; or (B) to an enrollee by a health maintenance organization (HMO); must indicate the type of health plan that is providing the health benefits and services under the insurance policy or HMO contract; and (2) these requirements apply only to a health plan information card issued: (A) initially to a new insured or new enrollee; or (B) to an insured or enrollee at the time of the insured's or enrollee's policy or contract renewal; after July 1, 2020. Provides that: (1) the electronic database by which an issuer of a policy of accident and sickness insurance, or an administrator of a self insured plan, allows an insured or a provider to verify the coverage or benefits of an insured must indicate: (A) whether health benefits and services under the policy of accident and sickness insurance are provided by the issuer of the policy or by a third party administrator; and (B) whether the policy of accident and sickness insurance is subject to state or federal regulation; and (2) the electronic database by which by which an HMO, or an administrator of benefits and health care services under an HMO contract, allows an enrollee or a provider to verify the coverage or benefits of an enrollee must indicate: (A) whether benefits and health care services under the HMO contract are provided by the HMO or by a third party administrator; and (B) whether the HMO contract is a self funded or fully funded plan. Requires the department of insurance to adopt rules to ensure compliance with certain provisions added by the bill.

Requires employees and volunteers of a child care facility who may be present on the premises of the child care facility during operating hours to submit to a national criminal history background check. (Under current law, employees and volunteers who have direct contact with children must submit to a national criminal history background check.) Specifies that results of the background check may be used as grounds for denial or revocation of a child care license or registration or eligibility for a child care and development fund voucher payment. Makes technical corrections.

Requires the natural resources commission to establish a roster of low head dams in the state that are capable of creating hazardous currents that pose safety issues. Establishes requirements concerning low head dams for the department of natural resources (department) and owners of low head dams. Provides that an owner of at least two low head dams is exempt from certain requirements if that owner has previously installed warning signs, in coordination with the department, and maintains and repairs the existing signs. Except for purposes of an inspection, maintenance, or removal, prohibits a person from accessing a low head dam. Prohibits wading, boating, swimming, or accessing the waters within 50 feet of a low head dam when warning signs are present. Provides that the state is not liable for any death or injury that occurs on or resulting from a low head dam that is not owned by the state. Provides for a penalty for violations. Requires the department to prepare a report that includes recommendations concerning the creation of a low head dam removal program and any recommendations concerning low head dam safety legislation.

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.

Removes acquired immune deficiency syndrome (AIDS) from the statutory definition of "exposure risk disease". Replaces the term "AIDS" with the term "human immunodeficiency virus (HIV)" where appropriate. Replaces the term "carrier" with the term "individual with a communicable disease" where appropriate. Replaces the term "danger" with the term "risk" where appropriate. Replaces the term "spread" with the term "transmission" where appropriate. Replaces the term "HIV antibody" with "human immunodeficiency virus (HIV)" where appropriate. Requires the state department of health (department) to specify, in any literature provided to children and young adults concerning HIV, that abstinence is the best way to prevent the transmission of HIV as a result of sexual activity. Provides that a physician or the authorized representative of a physician may not order an HIV test unless the physician or the authorized representative of a physician: (1) informs the patient of the test orally or in writing; (2) provides the patient with an explanation of the test orally, in writing, by video, or by a combination of these methods; and (3) informs the patient orally or in writing of the patient's right to ask questions and to refuse the test. Requires the information to be communicated to the patient in a language or manner that the patient understands. Requires a physician or an authorized representative of the physician to inform a patient of the counseling services and treatment options available to the patient if an HIV test indicates that the patient is HIV positive. Requires a patient to be notified of their right to a: (1) hearing; and (2) counsel; in certain situations involving a court ordered HIV test. Specifies that the use of antiretroviral drugs and other medical interventions may lessen the likelihood of transmitting HIV to a child during childbirth. (Current law states that birth by caesarean section may lessen the likelihood of transmitting HIV to a child during childbirth). Provides that the requirement to dispose of semen that contains the HIV antibody does not apply if the semen is used according to safer conception practices endorsed by the federal Centers for Disease Control and Prevention or other generally accepted medical experts. Revises the definition of "health care provider". Provides that a patient is considered to have consented to: (1) testing for the presence of a dangerous communicable disease of a type that has been epidemiologically demonstrated to be transmittable by an exposure of the kind experienced by the affected health care provider; and (2) the release of testing results to a medical director or an affected physician in the event of an exposure; if the patient is unable to consent to testing or the release of test results due to physical or mental incapacity. Allows a health care provider or a health care provider's employer to petition a court for an order requiring a patient to provide a blood or bodily fluid specimen in certain instances. Allows a health care provider, a health care provider's employer, or the state department of health to request certain test results when a patient is a witness, bystander, or victim of alleged criminal activity in certain instances. Provides that a health care provider may request a notification concerning exposure to certain communicable diseases in certain instances. Allows a health care provider to designate a physician to receive certain test results following a possible exposure to certain communicable diseases. Requires a health care provider to be notified of an exposure to certain communicable diseases not later than 48 hours after certain notifications have been issued. Requires a health care provider to be provided with: (1) medically necessary treatment; and (2) counseling; following an exposure to certain communicable diseases. Requires a suicide and overdose fatality review team (SOFR team) to review certain suicide and overdose fatalities. Allows a SOFR team to make recommendations concerning the prevention of suicide and overdose fatalities. Specifies membership, record keeping, and data entry requirements for SOFR teams. Renumbers the article concerning suicide and overdose fatality teams for purposes of conflict resolution. Requires a syringe exchange program to: (1) provide testing for communicable diseases and provide services or a referral for services if the individual tests positive; and (2) establish a referral process for program participants in need of information or education concerning communicable diseases or health care. Requires the state department of health to include certain information concerning syringe exchange programs in the report to the general assembly before November 1, 2020. Extends the expiration date for certain syringe exchange programs from July 1, 2021, to July 1, 2022. Defines certain terms. Makes conforming amendments and technical corrections.

Provides that a township or a county may assume maintenance of a cemetery for which it would otherwise not be responsible. Requires a property owner that has a cemetery located on the owner's property to make a reasonable effort to maintain the cemetery. Provides that a township or county that assumes responsibility for maintaining a cemetery may seek reimbursement from the property owner for the cost of maintenance. Provides that a property owner commits a Class C infraction if the property owner fails to maintain the cemetery after the township or county provides two written notices.