ENA

By Pam Jahnke

Government Affairs Chair

House Bill 1478 Current Status: In Senate First reading: to Committee on Judiciary

Physician immunity. Provides Good Samaritan immunity to physician or registered nurse acting outside the scope of the physician or nurse's employment.

House Bill 1542 Current Status: In Senate First reading: referred to Committee on Health and Provider Services

Physician and nurse continuing education. Requires the medical licensing board of Indiana to adopt rules requiring physicians to report on license renewal forms any continuing education hours completed during the license renewal period. Requires the Indiana state board of nursing to adopt rules requiring nurses to report on license renewal forms any continuing education hours completed during the license renewal period. Allows for random audits for verification of continuing education hours reported by physicians and nurses.

House Bill 1600 Current Status: In Senate First reading: referred to Committee on Pensions and Labor

Education; local government pensions. Requires a high school to integrate cardiopulmonary resuscitation training into the high school's curriculum. (Watered down version of original Bill. Also has unrelated amendments tied onto it concerning.. The board of trustees of the public employees' retirement fund to transfer the fund account of a county funded hospital that is sold to a private entity to the fund account of the county that funded the hospital and to add the transferred amount to the county's fund account. Provides that the county assumes all of the assets and liabilities attributable to the hospital's account, except for any liability for employer contributions that arose before January 1, 2000. Cancels the liability of the hospital for employer contributions that remain unpaid on July 1, 2001.)

House Bill 1628 Current Status: In Senate First reading: to Committee on Judiciary

Anatomical gifts. Requires a family to honor a decedent's anatomical gift donation and provides that the decedent's family does not have legal standing to refuse to honor the wishes of the decedent to make an anatomical gift donation unless the anatomical gift was revoked by the decedent before the decedent's death or by a guardian in the manner prescribed by law. Requires a hospital, surgeon, or physician to honor a decedent's anatomical gift donation and inform the decedent's family of the individual's donation. Provides immunity from civil liability to a physician who follows a donor's anatomical gift directive.

House Bill 1770 Current Status: In Senate First reading: referred to Committee on Health and Provider Services

Health care provider profiles. Requires the health professions bureau to create and maintain profiles for providers under the jurisdiction of the bureau. Specifies information that must be contained in a profile. Requires the bureau to make profiles available to the public, including on the Internet. Provides that a provider is subject to disciplinary sanctions for failing to provide information for a profile to the bureau or for knowingly providing inaccurate information. (The following is an excerpt from the actual bill)

c) A provider profile must contain the following information:

(1) The provider's name.

(2) The provider's license, certification, registration, or permit number.

(3) The provider's license, certification, registration, or permit type.

(4) The date the provider's license, certification, registration, or permit was issued.

(5) The date the provider's license, certification, registration, or permit expires.

(6) The current status of the provider's license, certification, registration, or permit.

(7) The provider's city and state of record.

(8) A statement of any disciplinary action taken against the provider within the previous ten (10) years by a board or committee described in subsection (a).

(d) The bureau shall make provider profiles available to the public.

(e) The computer gateway administered by the intelnet commission under IC 5-21-2 and known as Access Indiana shall make provider profiles available on the Internet at no cost to the public.

House Bill 1773 Current Status: Referred to the Senate has sponsors but no first reading yet

Adds "Rx Only" as a federal legend for which prescriptions may not be refilled without written or oral authorization of a licensed practitioner. Requires prescriptions to contain the date of issue. Makes a prescription valid for not longer than one year after it is issued. Adds gamma-hydroxybutyric acid (GHB) as a Schedule I depressant. Adds any drug product containing gamma-hydroxybutyric acid, including its salts, isomers, and salts of isomers, for which an application is approved under the federal Food, Drug and Cosmetic Act, as a Schedule III depressant. Adds Zolpidem (Ambien) as a Schedule IV depressant.

House Bill 1810 Current Status: In Senate First reading: to Committee on Health and Provider Services

Health care professional recruitment and retention. Requires the state department of health to designate annually the counties, cities, towns, census tracts, and townships in Indiana that are underserved by specific types of health care professionals. Changes the fund to provide loan repayment for student loans incurred by health care professionals and scholarships to health care professional students to encourage the full-time delivery of health care in underserved areas. Adds grants from public or private sources as resources included in the fund. Modifies certain eligibility requirements that a health care professional must meet in order to be eligible for the repayment of student loans.

House Bill 1829 Curent Status : In Senate First reading: to Committee on Judiciary

Abandoned infants. Increases from 30 days to 45 days the maximum age of an abandoned infant that may be taken into custody without a court order. Provides that a parent who leaves an infant with an emergency medical services provider is not required to disclose the parent's name. Requires a local child protective service that takes custody of an infant to contact the missing persons clearing house to determine if the infant has been reported missing. Provides that, in custody hearings concerning an abandoned infant left with an emergency medical services provider, the emergency medical services provider is not required to be notified of custody proceedings. Removes a rebuttable presumption that it is not in the best interests of a child to locate the child's parent or reunify the child's family if the child was left with an emergency medical services provider. Makes a technical correction regarding detention hearings and initial hearings in cases involving abandoned infants.

House Bill 1845 Current Status: in Senate First reading: to Committee on Rules and Legislative Procedure

Indiana commission on excellence in health care. Creates the Indiana commission on excellence in health care to study issues related to the quality of health care provided to Indiana residents.

House Bill 1872 Current Status: First reading: referred to Committee on Health and Provider Services

Emergency services. Requires the Primary Care Case Management program and the Risk-Based Managed Care program to cover and pay for certain emergency services. Amends the definition of "emergency". (This one covers the Emergency Dept costs, actual language as follows)

Sec. 11. The office, for purposes of the Primary Care Case Management program, and the managed care contractor, for purposes of the Risk-Based Managed Care program, shall:

(1) cover and pay for emergency services as provided in 42 CFR 438.114(a) through 42 CFR 438.114(e), as amended;

(2) cover and pay for all screening, beyond procedures routinely performed on all individuals presenting to an emergency department regardless of the individual's actual condition, used to determine whether an emergency medical condition actually exists;

(3) not deny a claim for emergency services on the basis that the enrollee's primary care provider's authorization code for the services was not obtained before or after the services were rendered; and

(4) cover and pay for post-stabilization services provided for in 42 CFR 438.114(f), as amended.

House Bill 1874 Current Status: In Senate First reading: referred to Committee on Rules and Legislative Procedure and Committee report: amend do pass, adopted then on 03/13/2001 Reassigned to the Committee on Corrections and Criminal and Civil Procedures

Domestic protection orders. Provides for the registration and enforcement in Indiana of protection orders issued by another state or an Indian tribe. Eliminates prepayment of filing fees and witness fees for proceedings filed solely to obtain a protective order to prevent domestic violence or enforce a foreign domestic violence protection order. Provides that commission of an offense in the presence or within hearing of a child is an aggravating factor that would justify an increased term of imprisonment or consecutive sentences. Expands the types of protective orders to which the crime of stalking applies.

House Bill 1951 Current Status: Referred to the Senate has 2 senate sponsors but no first reading yet (Excerpt from Bill)

(c) A physician assistant may not prescribe, administer, or monitor general anesthesia, regional block anesthesia, and deep sedation. A physician assistant may not administer light conscious sedation during diagnostic tests, surgical procedures, or obstetric procedures unless the following conditions are met:

(1) A physician is physically present in the area and is immediately available to assist in the management of the patient.

(2) The physician assistant is qualified to rescue patients from deep sedation and is competent to manage a compromised airway and to provide adequate oxygenation and ventilation.”

House Bill 2034 Current Status: Referred to Senate, has 2 sponsors

Rape crisis centers. Establishes a sexual assault victim’s assistance fund to be administered by the office of women's health within the state department of health. Establishes a sexual assault victim’s assistance fee. Uses the revenue generated by the sexual assault victims assistance fee to fund the sexual assault victims assistance fund to provide assistance to rape crisis centers.

Senate Bill 08 Current Status: In House First reading: to Public Policy and Ethics and Veterans Affairs

This is similar to the House Bill 1618 Current Status: In Senate First reading: referred to Committee on Public Policy

Blood and breath alcohol concentrations. Reduces from 0.10% to 0.08% the percentage of alcohol concentration equivalent in a person's blood or breath that is necessary to constitute prima facie evidence of intoxication in a prosecution for operating a motor vehicle or watercraft while intoxicated. But also has: Allows a court to defer the prosecution of a person who is arrested for operating a motor vehicle with an alcohol concentration in the person's blood or breath that is at least 0.08% but not more than 0.09% if the person meets certain conditions.

Both bills arise from a federal mandate for states that do not pass a .08 drunk driving law. The states will annually lose a percentage of federal tax dollars for road repairs and this increases each year. This amounts to millions of dollars for Indiana, and the longer it takes to get the law passed the more money the state will lose every year until legislation is passed.

Senate Bill 63 Current Status: In House First reading: referred to Courts and Criminal Code

Interference with medical services. Provides that a person who knowingly or intentionally physically interrupts, obstructs, or alters the delivery or administration of prescription drugs ordered or prescribed for a patient without a prescription or order commits interference with medical services, a Class D felony if the conduct results in bodily injury. Makes the offense: (1) a Class C felony if it is committed by a person who is a health care provider or licensed health professional; (2) a Class B felony if it results in serious bodily injury to the patient; and (3) a Class A felony if it results in the death of the patient. Provides for certain defenses.

Senate Bill 80 Current Status: In House First reading: referred to Courts and Criminal Code Identification of offenders with DNA. Allows a prosecution for a Class B or Class C felony that would otherwise by barred by the statute of limitations to be commenced within one year of the date that the offender is first identified with DNA evidence. Allows a prosecution to be brought before July 1, 2002 if the offender was first identified with DNA evidence after the date on which prosecution was barred by the statute of limitations and before July 1, 2001.

Senate Bill 164 Current Status: In House First reading: referred to Courts and Criminal Code

Battery against children. Enhances the penalty for battery to a Class A felony when it results in death and is committed by a person at least 18 years of age against a person who is less than 14 years of age. Provides that consent to adoption is not required if the parent is incarcerated for battery as a Class A felony or Class B felony. Provides that if a parent, guardian, or custodian of a child has a conviction for Class A felony battery that the court in a child in need of services proceeding is not required to make reasonable efforts to reunify the child with family. Allows a warrantless arrest if a law enforcement officer has probable cause to believe a person committed a Class A felony battery. Includes a Class A felony battery as a serious violent felony, and adds a provision that states that a conviction for a Class A felony battery allows the court to suspend only that part of the sentence that exceeds the minimum.

Senate Bill 248 Current Status: In House First reading: referred to Courts and Criminal Code

Crime in the presence of a child. Requires a court to consider whether an offender committed the offender's crime in the presence of an unemancipated child less than eighteen (18) years of age. Makes commission of a crime in the presence of an unemancipated child an aggravating factor that may be used to extend the sentence of an offender or impose consecutive sentences.

Senate Bill 308 Current Status: In House First reading: to Public Health

Medicaid payment for emergency room services. Extends for two years a statute requiring that, under the Medicaid primary care case management program, certain physician services provided to a program enrollee in a hospital emergency department must be at a rate of 100% of rates payable under the Medicaid fee structure, if the service is authorized by the enrollee's primary medical provider or managed care organization. Applies the 100% reimbursement requirement to the Medicaid risk-based managed care program if the services are provided by a physician who does not have a contract with the patient's managed care organization. (The interim study committee on Medicaid oversight prepared the introduced version of this bill).

Senate Bill 312 Current Status: In House First reading: to Public Health

HIV testing of pregnant women. Requires that a pregnant woman be tested for the antibody or antigen to the human immunodeficiency virus (HIV) during pregnancy. Requires that a blood sample for an HIV test be taken from a woman at the time of delivery if there is no written evidence that the woman was tested for HIV during her pregnancy. Provides that the pregnant woman may refuse to consent to the test. Requires that a pregnant woman's refusal to consent to the test be documented in the pregnant woman's medical records. Requires that information pertaining to the woman's HIV testing status be included on a birth certificate or stillbirth certificate. Requires that a pregnant woman be told of all available treatment options if the pregnant woman has a positive HIV test. Requires the individual who orders an HIV test to tell the pregnant woman that the purpose of the test is to protect the health of her unborn child. Requires the results of the tests to be confidential. Repeals a portion of a current law pertaining to voluntary HIV testing for pregnant women. Requires the state department of health to develop and distribute written materials explaining treatment options for individuals who have a positive HIV test.

Senate Bill 428 Current Status: In House First reading: referred to Public Health

Health professions licenses. Provides standardized requirements for health professions concerning: (1) attesting compliance with continuing education requirements; (2) auditing compliance with continuing education requirements; and (3) reinstating a health professional's lapsed license, certificate, or registration. This includes nursing and physicians when and if House Bill 1542 passes (Actual Bill language as follows)

Sec. 3. (a) Notwithstanding any other law, a board that is specifically authorized or mandated to require continuing education as a condition to renew a registration, certification, or license must require a practitioner to comply with the following renewal requirements:

(1) The practitioner shall provide the board with a sworn statement signed by the practitioner that the practitioner has fulfilled the continuing education requirements required by the board.

(2) The practitioner shall retain copies of certificates of completion for continuing education courses for three (3) years from the end of the licensing period for which the continuing education applied. The practitioner shall provide the board with copies of the certificates of completion upon the board's request for a compliance audit.

(b) Every two (2) years the board shall randomly audit for compliance more than one percent (1%) but less than ten percent (10%) of the practitioners required to take continuing education courses.

Application Process for

2001 Indiana ENA

General Assembly Delegates

To National ENA

In Orlando Florida

Delegate Qualifications:

· Delegates must have a current active membership in ENA.

· Qualified candidates should attend 50% of their local chapter meetings since the previous General Assembly.

· Candidates should have served in an elected or appointed position of the local, state, or national level during the past three years.

· Participation in at least one of the following activities related to Emergency Nursing since the previous General Assembly:

A. Lecturer (other than that which is required to perform nursing role)

B. Projects (public education, legislative involvement, chapter projects)

C. Research in Emergency Nursing

D. Publication on topic(s) related to emergency care.

E. CEN certification

· Qualified candidates should have a letter from their chapter president attesting to the qualifications.

Delegate Responsibilities:

All delegates should attend all business sessions and special delegate activities at the General Assembly. Delegates are representatives of their constituents at the business meetings of the association and should seek information on all issues under discussion and act in the best interest of their constituents. Delegates are to report back to their constituents all activities and actions taken regarding voting and discussion by the delegates.

Delegate Selection for the General Assembly in Indiana

Delegate selection in Indiana is done by a lottery method. Every effort is made to choose one delegate per chapter in Indiana. Delegates whose names are submitted and meet the qualifications are entered into a lottery by chapter. One delegate from each chapter is chosen. The names of all candidates who are not chosen are in the second drawing for the remaining delegates. Indiana usually has ten delegates inclusive of all state officers. The number of delegates is based on the number of ENA members in Indiana at the June/July listing.

Applications must be received by May 29, 2001. Send completed applications to

Ruth Slabach

10550 Wilson Rd.

Brownsburg, IN 46112.

2001 Indiana ENA General Assembly Delegate Application

Name____________________________ Credentials____________________________

Address________________________________________________________________

City______________________________ State_________ Zip___________________

Phone number _________________ Position_________________________________

Employer_______________________________________________________________

ENA number ___________________________

Education:

Degree/Major Institution Year

_______________________________________________________________________

Please list your qualifications to serve as a Delegate:

_______________________________________________________________________

Applications must include a letter of recommendation from your local chapter

President. Applications must be received by May 29, 2001. Mail completed

Application to: Ruth Slabach, 10550 Wilson Rd. Brownsburg, IN 46112.

Caroline Fisher