IN- AAP Alive Priority Bills
Run Time: Friday, Mar-04-2011, 10:32 AM
P HB1018 Smoking ban in public places. (C. Brown, Gard, Simpson, Alting)
Digest
Prohibits smoking: (1) in public places; (2) in enclosed areas of a place of employment; (3) in certain
state vehicles; and (4) within 12 feet of a public entrance to a public place or an enclosed area of a
place of employment. Provides exceptions to the smoking prohibition. Requires the alcohol and
tobacco commission to enforce this prohibition. Makes it a Class B infraction to violate the smoking
prohibition and a Class A infraction if the person has three prior unrelated judgments for violations.
Prohibits firing or refusing to hire a person for reporting a violation or exercising any right or performing
any obligation under the smoking prohibitions. Repeals the current clean indoor air law that prohibits
smoking in public buildings.
Date
Action
02/17/2011 S: 1st Reading Assigned Public Policy
P HB1034 Immunizations by pharmacists. (Davisson)
Digest
Allows a pharmacist to administer an immunization for shingles or pneumonia to a group of individuals
under a drug order, under a prescription, or according to a protocol approved by a physician if certain
requirements are met. Allows a physician's immunization protocol to apply to minors who are at least
nine years of age. (Current law allows the protocol to apply only to minors who are at least 14 years of
age.)
Date
Action
02/21/2011 H: Committee Action Pass Amend(11-0) Public Health
P HB1050 Texting while operating a motor vehicle. (Moses)
Digest
Provides that a person who uses a telecommunications device to transmit a text message or electronic
mail message while operating a moving motor vehicle commits a Class D infraction. Provides that a
person who uses a telecommunications device to transmit a text message or electronic mail message
while operating a moving vehicle and causes an accident commits a Class B infraction. Repeals a
definition of "telecommunications device" that is superseded by this act.
Date
Action
01/05/2011 H: 1st Reading Assigned Roads and Transportation
P HB1073 Immunizations by pharmacists. (Frizzell)
Digest
Allows a pharmacist to administer an immunization using any vaccine recommended by the Centers
for Disease Control and Prevention to a group of individuals under a drug order, under a prescription,
or according to a protocol approved by a physician if certain requirements are met. Allows a
physician's immunization protocol to apply to minors who are at least nine years of age. (Current law
allows the protocol to apply only to minors who are at least 14 years of age.)
Date
Action
01/18/2011 H: Co Author Added Steve Davisson
P HB1110 Driver education. (Hinkle)
Digest
Transfers the responsibilities concerning: (1) commercial driver training schools from the Indiana
criminal justice institute; (2) motorcycle operator education and secondary school driver training from
the department of education; and (3) truck driver training from the Indiana commission on proprietary
education and the state department of revenue; to the bureau of motor vehicles (bureau). Establishes
the driver education commission to develop policies and proposals for rules concerning driver
education. Requires the bureau to adopt rules concerning driver education training, including rules
pertaining to commercial driver training schools, certain driver education programs, and driver
education instructors. Requires an applicant for an operator's license who is required to complete at
least 50 hours of supervised practice driving to submit a log, under penalty of perjury, of the time
driven to the commission before receiving the operator's license. Eliminates the employment position
of driver examiner within the bureau. Requires the bureau to adopt rules concerning the administration
of skills and written tests for driver's license applicants and to authorize service charges for the
administration of a skills or written test by certain driver education instructors. Changes the term "road
test" for purposes of examination of the ability to operate a motor vehicle to "skills test". Repeals the
requirement that an examination for the issuance of a driver's license must be held in the county where
the license branch office in which the application was made is located. Provides that certain rules
pertaining to driver education adopted by the Indiana commission on proprietary education, the Indiana
criminal justice institute, the department of state revenue, and the state board of education concerning
driver education are considered, after December 31, 2011, rules of the bureau. Provides for certain
immunities pertaining to governmental entities and public employees for: (1) members of the driver
education commission; and (2) driver education instructors making reports concerning the fitness of
applicants to operate a motor vehicle. Establishes a driver education administration fee of $5, to be
collected when a person is found to have committed certain offenses or infractions. Requires the driver
education administration fee to be deposited in the motor vehicle highway account. Makes
corresponding changes.
Date
Action
01/11/2011 H: Co Author Added Douglas Gutwein
P HB1111 Drug regimen protocols. (Davisson)
Digest
Allows a physician to adopt a protocol that allows a pharmacist to adjust a patient's drug regimen in a
setting other than a hospital. Requires a pharmacist to communicate with the admitting practitioner to
receive approval to begin the protocol. (Current law requires communication only if a protocol involves
parenteral nutrition of the patient.) Requires that when a pharmacist is practicing a protocol under
physician authorization that: (1) the pharmacist must be under the direct supervision of the physician;
and (2) the protocols must, at a minimum, require that the medical records of the patient are available
to both the patient's physician and the pharmacist. Requires a physician to consult with a pharmacist
during the implementation, revision, and renewal of a protocol.
Date
Action
02/21/2011 H: Committee Action Pass Amend(11-0) Public Health
P HB1129 Use of telecommunications device while driving. (Koch, Holdman)
Digest
Provides that it is a Class C infraction if a person uses a telecommunications device to type, transmit,
or read a text message or electronic mail message while operating a moving motor vehicle. Allows a
person to use hands free or voice operated technology to transmit a text message or electronic mail
message while operating a moving motor vehicle. Provides, for purposes of the prohibition against
using a telecommunications device while operating a motor vehicle, that "telecommunications device"
does not include: (1) amateur radio equipment operated by a person licensed by the Federal
Communications Commission as an amateur radio operator; or (2) a communications system installed
in a commercial vehicle weighing more than 10,000 pounds. Prohibits a police officer from confiscating
a telecommunications device for the purpose of determining compliance or confiscating a
telecommunications device and retaining it as evidence pending trial for the violation. Repeals the
current definition of "telecommunications device".
Date
Action
03/03/2011 S: Committee Report amend do pass, adopted
P HB1152 Concussions and head injuries in student athletes. (Bacon)
Digest
Requires the department of education, consulting with an association that conducts, organizes,
sanctions, or sponsors interscholastic high school athletic events as the association's primary purpose,
to develop and disseminate guidelines, information sheets, and forms to inform and educate coaches,
student athletes, and parents of student athletes of the nature and risk of concussions and head
injuries. Requires that a student athlete and the student athlete's parent must be given information
concerning head injuries and concussions and return a form acknowledging receipt of the information
to the student athlete's coach each year before beginning practice for a sport. Provides that a student
athlete who is suspected of sustaining a head injury or concussion must be removed from play at the
time of the injury. Provides that the student athlete may not return to play until the student athlete has
been evaluated and received written clearance from a licensed health care provider trained in
evaluating head injuries. Provides that a health care provider who as a volunteer provides head injury
evaluations to student athletes has immunity from civil liability for acts or omissions arising from the
evaluations, except for gross negligence or willful or wanton misconduct.
Date
Action
01/06/2011 H: 1st Reading Assigned Education
P HB1158 Using handheld wireless devices while operating a motor vehicle. (Yarde)
Digest
For purposes of determining whether a person has committed criminal recklessness or has recklessly
killed another human being, the trier of fact may consider, in addition to other relevant factors, whether
the person used a handheld wireless communications device while operating a moving motor vehicle.
Date
Action
02/21/2011 H: 2nd Reading Order Engrossed
P HB1189 Bullying prevention task force. (Tyler)
Digest
Creates the school bullying prevention task force for students with disabilities to: (1) study the causes
and effects of bullying in schools; (2) identify practices that reduce incidences of bullying; (3) highlight
training and technical assistance opportunities for schools to effectively address bullying; and (4)
evaluate the effectiveness of schools' current antibullying policies and other antibullying programs for
students with disabilities. (The introduced version of this bill was produced by the Indiana Commission
on Autism.)
Date
Action
01/25/2011 H: Co Author Added Phillip D. Hinkle
P HB1205 Abortion funding. (Ubelhor)
Digest
Prohibits state agencies from entering contracts with or making grants to any entity that performs
abortions or maintains or operates a facility where abortions are performed. Cancels state funding for
any current contracts with or grants to any entity that performs abortions or maintains or operates a
facility where abortions are performed.
Date
Action
02/17/2011 H: Committee Action Pass(7-3) Public Policy
P HB1210 Various abortion matters. (Turner)
Digest
States public policy findings concerning a fetus feeling pain and a compelling state interest in
protecting the fetus. Sets requirements for performing an abortion after the first trimester but before the
earlier of viability of the fetus or 20 weeks of postfertilization age of the fetus (current law requirements
are based on viability of the fetus). Requires that a physician determine the postfertilization age of a
fetus before performing an abortion, and allows for the discipline of a physician who fails to do this in
certain circumstances. Adds information that a pregnant woman must be informed of orally and in
writing (current law requires that the information be given only orally) before an abortion may be
performed concerning the physician, risks involved, information concerning the fetus, available
assistance, and existing law. Requires a pregnant woman seeking an abortion to view fetal ultrasound
imaging unless the pregnant woman states in writing that the pregnant woman does not want to view
the fetal ultrasound imaging. Requires a physician who performs an abortion to: (1) have admitting
privileges at a hospital in the county or in a contiguous county to the county where the abortion is
performed; or (2) enter into an agreement with a physician who has admitting privileges in the county
or contiguous county; and notify the patient of the hospital location where the patient can receive
follow-up care by the physician. Requires the state department of health to develop materials to be
provided to a pregnant woman setting forth certain information and to post the materials on the state
department's web site. Creates a cause of action for a pregnant woman or the biological father of the
fetus for actual and punitive damages if a physician recklessly, knowingly, or intentionally performs or
attempts to perform an abortion in violation of the law. Provides for injunctive relief for specified
individuals against a physician to prevent the physician from performing further abortions that violate
the law. Creates the special litigation defense fund to provide reimbursement of the costs and
expenses incurred by the attorney general in defending the constitutionality of this act, and
continuously appropriates the fund. Provides for severability of provisions if a court determines that any
of the law is unconstitutional, and specifies prior law returns to effect if the amended law is found by
the court to be unconstitutional. Prohibits qualified health plans under the federal health care reform
law from providing coverage for abortion.
Date
Action
02/17/2011 H: Committee Action Pass Amend(8-4) Public Policy
P HB1228 Health care professional's conscience clause. (Davisson)
Digest
Provides that a health care professional may not be required to dispense a drug or medical device if
the drug or medical device would be used to: (1) cause an abortion; (2) destroy an unborn child; or (3)
cause the death of a person by means of assisted suicide, euthanasia, or mercy killing. Specifies that a
health care professional's refusal to dispense a drug or medical device under those circumstances may
not be the basis for: (1) a claim of damages against the health care professional, the employer, or the
facility; or (2) disciplinary action against the health care professional. Provides that an employer who
knowingly or intentionally takes disciplinary, recriminatory, or discriminatory action against a health
care professional who refuses to dispense a drug or medical device under those circumstances
commits pharmacy discrimination, a Class A misdemeanor. Makes a second or subsequent offense a
Class D felony. Authorizes the health care professional's licensing board to assess additional fines
against the employer.
Date
Action
02/07/2011 H: Co Author Added Peggy Welch
P HB1237 Medicaid matters. (Davisson)
Digest
Requires the office of Medicaid policy and planning (office) to take specified action in considering
whether to begin the competitive bid process for certain items and services. Requires the office to
ensure that: (1) the competitive bidding procedure is open to all persons currently providing the item or
service for the Medicaid program; and (2) the bidding specifications are not written to give an
advantage to an out-of-state company. Requires the office to apply for a Medicaid state plan
amendment or a Medicaid waiver to limit Medicaid services to legal residents of the United States.
Repeals Medicaid provisions that specify that refugees and lawful permanent residents are eligible for
Medicaid.
Date
Action
01/24/2011 H: Co Author Added Peggy Welch
P HB1305 Farm to school plan. (Friend)
Digest
Requires the department of education to develop a "farm to school" plan for the purpose of providing
children with locally produced foods in school breakfast, lunch, and snack programs.
Date
Action
02/21/2011 H: Committee Action Pass(8-0) Education
P SB0025 Notification of substitution for epileptic drugs. (Miller, T. Brown)
Digest
Requires the health finance commission to study during the 2011 legislative interim the following : (1)
Whether a pharmacist should be required to notify the prescribing physician and inform the patient if
the pharmacist selects a drug other than the brand name drug listed on an antiepileptic drug
prescription; and (2) Whether a pharmacist should be required to dispense a prescription in a manner
to allow label accessibility to an individual who is blind.
Date
Action
02/22/2011 S: Co Sponsor Added Craig R. Fry
P SB0093 Concussions and head injuries in student athletes. (Landske, Simpson, Holdman, Bacon)
Digest
Requires the department of education, in consultation with specified persons, to disseminate
guidelines, information sheets, and forms to school corporations for distribution to schools to inform
and educate coaches, student athletes, and parents of student athletes of the nature and risk of
concussions and head injuries. Requires that a high school student athlete and the student athlete's
parent be given information concerning head injuries and concussions and return a form
acknowledging receipt of the information to the student athlete's coach each year before beginning
practice for a sport. Requires that a high school student athlete who is suspected of sustaining a head
injury or concussion be removed from play at the time of the injury. Provides that the student athlete
may not return to play until the student athlete has been evaluated and received written clearance from
a licensed health care provider trained in evaluating head injuries. Provides that a health care provider
who, as a volunteer in good faith and gratuitously, provides head injury evaluations to student athletes
has immunity from civil liability for acts or omissions arising from the evaluations, except for gross
negligence or willful or wanton misconduct.
Date
Action
02/17/2011 S: Sponsor Added Ron Bacon
P SB0101 Driver education issues. (Holdman, Hinkle)
Digest
Authorizes the bureau of motor vehicles (bureau) to issue a learner's permit to a person at least 15
years of age under certain conditions. (Current law authorizes the bureau to issue a learner's permit to
a person at least 15 years and 180 days of age.) Provides that an individual who held a learner's
permit prior to July 1, 2010, may receive an operator's license if the individual: (1) is at least sixteen
(16) years and thirty (30) days of age; (2) has obtained an instructor's certification that the individual
has satisfactorily completed an approved driver education course; and (3) has passed the required
examination.
Date
Action
02/08/2011 S: Co Author Added Jean Leising
P SB0127 Driver education. (Charbonneau, Holdman, Hinkle)
Digest
Transfers the responsibilities concerning: (1) commercial driver training schools from the Indiana
criminal justice institute; (2) motorcycle operator education and secondary school driver training from
the department of education; and (3) truck driver training from the Indiana commission on proprietary
education (commission) and the state department of revenue; to the bureau of motor vehicles
(bureau). Establishes the driver education advisory board, and requires the bureau to adopt rules
concerning driver education training, including rules pertaining to commercial driver training schools,
certain driver education programs, and driver education instructors. Requires an applicant for an
operator's license who is required to complete at least 50 hours of supervised practice driving to submit
to the commission a log, under penalty of perjury, of the time driven before receiving the operator's
license. Eliminates the employment position of driver examiner within the bureau. Requires the bureau
to adopt rules concerning the administration of skills and written tests for driver's license applicants and
to authorize service charges for the administration of a skills or written test by certain driver education
instructors. Changes the term "road test" for purposes of examination of the ability to operate a motor
vehicle to "skills test". Repeals the requirement that an examination for the issuance of a driver's
license must be held in the county where the license branch office in which the application was made
is located. Provides that certain rules pertaining to driver education adopted by the Indiana commission
on proprietary education, the Indiana criminal justice institute, the department of state revenue, and the
state board of education concerning driver education are considered, after December 31, 2011, rules
of the bureau. Provides for certain immunities pertaining to governmental entities and public
employees for: (1) members of the driver education commission; and (2) driver education instructors
making reports concerning the fitness of applicants to operate a motor vehicle. Makes corresponding
changes.
Date
Action
01/31/2011 S: Co Sponsor Added Douglas Gutwein
P SB0178 Outpatient treatment requirements. (Becker, Miller, T. Brown)
Digest
Requires the health finance commission to study possible prohibitions on certain insurer and health
maintenance organization activities related to outpatient benefits.
Date
Action
02/22/2011 S: Co Sponsor Added Charlie Brown
P SB0328 Abortion matters and physician privileges. (Miller, Banks, Culver)
Digest
Specifies additional information that must be given to a pregnant woman by the physician in order for
consent to an abortion to be voluntary and informed. Specifies certain notices that must be given to a
pregnant woman in writing at least 18 hours before an abortion. Requires the state department of
health to have specified Internet website links on the department's website concerning abortion and the
fetus. Requires a physician who performs an abortion to: (1) have admitting privileges at a hospital in
the county or in a county adjacent to the county where the abortion is performed; and (2) notify the
patient of the hospital location where the patient can receive follow-up care by the physician. Specifies
that a minor who objects to having to obtain the written consent of her parent or legal guardian or
whose parent or legal guardian refuses to consent to an abortion may file a petition in the county in
which the pregnant woman resides or in which the abortion is to be performed for a waiver of the
parental consent requirement. Prohibits a physician or a provider of abortion services, a representative
of the physician or provider, or another person that may receive a direct financial benefit from the
performance of an abortion, from filing on behalf of the minor as next friend, the petition for a waiver of
the parental consent requirement.
Date
Action
02/22/2011 S: Co Author Added Scott Schneider
P SB0331 FSSA matters. (Miller, Simpson, T. Brown)
Digest
Authorizes the division of aging, the bureau of aging services, the division of disability and
rehabilitative services, and the bureau of developmental disabilities services to issue certain notice
orders and citations against a provider that violates certain rules. Allows the Indiana state police to
release criminal background check information concerning the maintenance of a provider's license.
Requires the division of aging to establish standards of practice governing the services provided by the
adult protective services unit. Requires the Alzheimer's disease and related senile dementia task force
(task force) to develop a state plan concerning the provision of Alzheimer's and related senile dementia
services and sunsets the task force on December 31, 2013. Reduces the statewide independent living
council from a minimum of 20 members to a minimum of 11 members. Requires a family to be
provided a cash assistance benefit of at least $10 under the Temporary Assistance for Needy Families
(TANF) program if certain income standards and employment earnings are met. Specifies that access
to a child support enforcement program and IMPACT (JOBS) training program are included as TANF
services for certain eligible families. Deems that a Medicaid recipient has automatically assigned
certain medical support rights for the duration of the recipient's enrollment in Medicaid. Changes the
time after which certain Medicaid program changes may take effect from 45 to 30 days after issuance
of the notice or bulletin concerning the change. Removes language from the definition of "Medicaid
inpatient days" concerning dually eligible individuals. Specifies that certain recreation programs for
school age children may be exempt from licensure requirements. Transfers administrative rules
concerning aging to the division of aging. Requires the probate study commission to study how to
amend probate law concerning the sale of real estate to satisfy certain claims. Repeals: (1) a provision
that requires the adult protective services unit and the division of aging to destroy any records
concerning a report concerning an endangered adult that is unsubstantiated; (2) expiration dates for
the office of the secretary of family and social services, the office of Medicaid policy and planning, the
statutes concerning directors of divisions within family and social services (FSSA), and certain advisory
committees under the FSSA statutes; (3) the law concerning Alzheimer's disease and related senile
dementia programs; and (4) the law concerning supplemental payments for ambulance transportation
services. Makes technical changes.
Date
Action
02/22/2011 S: Co Author Added Lonnie Randolph
P SB0581 Perinatal HIV testing. (Becker, Crouch)
Digest
Requires oral or written consent by a pregnant woman to have HIV testing to be documented in the
pregnant woman's medical chart instead of requiring a written statement of consent.
Date
Action
02/17/2011 S: Co Sponsor Added Peggy Welch
P SB0590 Illegal immigration matters. (Kruse, Delph, Koch)
Digest
Makes various changes concerning enforcement of federal immigration laws, checking the citizenship
or immigration status of individuals, and related criminal matters, including the following: (1) Requiring
that only English be used, with certain exceptions, in public meetings, public documents, by officers
and employees of state or political subdivisions in performing their duties, and providing information
communicated electronically by the state or a political subdivision. (2) Prohibiting a governmental body
from limiting or restricting the enforcement of federal immigration laws to less than the full extent
permitted by federal law. (3) Permitting law enforcement officers to verify the citizenship or immigration
status of individuals in certain situations. Provides that the duration of time that an individual may be
detained for verification purposes be reasonable and consistent with standard law enforcement
procedures. Allows a law enforcement officer to release an individual if the law enforcement officer is
unable to receive verification within a reasonable time unless the individual is being detained for
another lawful purpose. (4) Disallowing certain state income tax credits and deductions for individuals
who are prohibited from being hired as employees, unless the employer participated in the E-Verify
program. (5) Requiring the superintendent of state police, to the extent possible, to negotiate the terms
of a memorandum of agreement with the federal government so that state police employees can be
trained to enforce federal immigration and customs laws. (6) Requiring state agencies, political
subdivisions, contractors with public contracts for services with a state or political subdivision, and
certain business entities to use E-Verify and meet other requirements. (7) Allowing a state agency or
political subdivision to terminate a public contract for services with a contractor for breach of the public
contract for services if the contractor knowingly employs an unauthorized alien. (8) Prohibiting
individuals from commencing day labor without completing an attestation required under federal law.
Requires probable cause before a law enforcement officer may submit a complaint to the United States
Customs and Immigration Enforcement office concerning violations of required federal attestations
related to day labor. (9) Establishing certain state crimes, including: (A) offenses related to
identification numbers and documents; (B) knowingly or intentionally transporting or moving an alien,
for the purpose of commercial advantage or private financial gain, knowing or in reckless disregard of
the fact that the alien has come to, entered, or remained in the United States in violation of the law;
and (C) knowingly or intentionally concealing, harboring, or shielding from detection an alien in any
place, including a building or means of transportation, for the purpose of commercial advantage or
private financial gain, knowing or in reckless disregard of the fact that the alien has come to, entered,
or remained in the United States in violation of law. (10) Requiring law enforcement officers to impound
motor vehicles for violations of crimes related to transporting, concealing, harboring, or shielding from
detection aliens. (11) Requiring a judicial officer in setting bail to consider that the defendant is a
foreign national who has not been lawfully admitted to the United States as relevant to the risk of
nonappearance. (12) Allowing a law enforcement officer to arrest a person if the officer has probable
cause to believe the person is an alien who meets certain criteria. (13) Requiring the Indiana economic
development corporation and the Indiana department of agriculture to include certain agriculture jobs
and wage rates on the corporation's and department's Internet web sites. (14) Requiring the
department of correction to verify the citizenship or immigration status of offenders. (15) Requiring an
agency, political subdivision, or person to verify the eligibility of an individual who applies for federal,
state, or local public benefits. (16) Requiring the department of workforce development (DWD) to verify
the status of an individual as a qualified alien through the Systematic Alien Verification for Entitlements
program to determine the individual's eligibility for unemployment compensation benefits. (17)
Authorizing DWD to file civil actions to obtain the reimbursement of amounts paid as unemployment
insurance benefits from employers that knowingly employed unauthorized aliens. (18) Prohibiting a law
enforcement agency or law enforcement officer from requesting verification of the citizenship or
immigration status of an individual from federal immigration authorities if the individual has contact with
the agency or officer only as a witness to or a victim of a crime or for purposes of reporting a crime.
Date
Action
02/22/2011 S: Co Sponsor Added Woody Burton