Indiana § 16-41-40-7 - Childhood hazards education and prevention account

§ 16-41-40-7. Childhood hazards education and prevention account

Sec. 7. (a) The childhood hazards education and prevention account is established within the state general fund to carry out this chapter. The account shall be administered by the state department.

(b) Expenses of administering the account shall be paid from money in the account.

(c) The treasurer of state shall invest the money in the account not currently needed to meet the obligations of the account in the same manner as other public money may be invested. Money in the account at the end of a fiscal year does not revert to the state general fund.

(d) The account consists of money accepted by the state department from grants and donations from private entities.

(e) Money in the account is continuously appropriated for the purposes provided under this chapter.

As added by P.L.51-1998, SEC.3. Amended by P.L.101-1999, SEC.7.

IC 16-41-41Chapter 41. ExpiredExpired 7-1-2012 by P.L.59-2008, SEC.6.

IC 16-41-42Chapter 42. RepealedRepealed by P.L.3-2008, SEC.269.

IC 16-41-42.1Chapter 42.1. Registration of Out-of-State Mobile Health Care Entities

16-41-42.1-1"Health care entity" 16-41-42.1-2Registry maintained 16-41-42.1-3Required registry information 16-41-42.1-4Certificate of registration 16-41-42.1-5Application information 16-41-42.1-6Display of certificate 16-41-42.1-7Expiration of certificate 16-41-42.1-8Required registration 16-41-42.1-9Requirements 16-41-42.1-10Rules

IC 16-41-42.1-1"Health care entity" Sec. 1. As used in this chapter, "health care entity" means an entity that:

(1) is registered or licensed as a health care entity under the laws of another state, a foreign country, or a province in a foreign country; and

(2) provides health care services, including the performance of health care tests, in a mobile facility or temporary location for a short period of time.

As added by P.L.3-2008, SEC.112.

IC 16-41-42.1-2Registry maintained Sec. 2. The state department shall maintain a registry of health care entities that apply for and meet the registration requirements of this chapter.

As added by P.L.3-2008, SEC.112.

IC 16-41-42.1-3Required registry information Sec. 3. The registry maintained under section 2 of this chapter must include:

(1) the information required under section 5(6) of this chapter for each registered health care entity; and

(2) the date that the health care entity registered with the state department under this chapter.

As added by P.L.3-2008, SEC.112.

IC 16-41-42.1-4Certificate of registration Sec. 4. The state department shall issue a certificate of registration to a health care entity that applies for registration and meets the requirements of this chapter.

As added by P.L.3-2008, SEC.112.

IC 16-41-42.1-5Application information Sec. 5. A health care entity applying for registration under this chapter must disclose the following:

(1) The types of health care services that the health care entity will provide in Indiana.

(2) The names of any employees who are currently in good standing licensed, certified, or registered in a health care profession in:

(A) Indiana; or

(B) any other state;

and a copy of each employee's license, certification, or registration.

(3) Any health care services that are to be provided under a contract between the health care entity and a person that is licensed, certified, or registered in Indiana to provide health care services.

(4) The types of:

(A) health care services that the health care entity will perform;

(B) health care tests that the health care entity will perform; and

(C) equipment that the health care entity will use.

(5) The manner in which test results and recommendations for health care based on the test results will be disclosed to patients.

(6) The health care entity's name, address, and telephone number and the name of any company that is affiliated with the health care entity.

As added by P.L.3-2008, SEC.112.

IC 16-41-42.1-6Display of certificate Sec. 6. A registered health care entity that is issued a certificate of registration under this chapter shall display the certificate of registration in a conspicuous place in sight of a consumer of the health care entity.

As added by P.L.3-2008, SEC.112.

IC 16-41-42.1-7Expiration of certificate Sec. 7. A certificate of registration issued under this chapter expires one (1) calendar year after its issuance.

As added by P.L.3-2008, SEC.112.

IC 16-41-42.1-8Required registration Sec. 8. A health care entity may not provide services in Indiana until the health care entity is registered with the state department under this chapter.

As added by P.L.3-2008, SEC.112.

IC 16-41-42.1-9Requirements Sec. 9. The registration of a health care entity under this chapter does not exempt:

(1) a health care professional from the licensure, certification, and registration requirements of IC 25; or

(2) a health care service from the regulation requirements of IC 16 or IC 25.

As added by P.L.3-2008, SEC.112.

IC 16-41-42.1-10Rules Sec. 10. The state department shall adopt rules under IC 4-22-2 necessary to implement this chapter, including rules specifying registration renewal procedures.

As added by P.L.3-2008, SEC.112.

IC 16-41-42.2Chapter 42.2. Spinal Cord and Brain Injury Research

16-41-42.2-0.5"Activity based therapy services" 16-41-42.2-1"Board" 16-41-42.2-1Repealed 16-41-42.2-2"Fund" 16-41-42.2-3Spinal cord and brain injury fund; establishment 16-41-42.2-4Spinal cord and brain injury fund; use of fund 16-41-42.2-4Spinal cord and brain injury fund; use of fund 16-41-42.2-5Spinal cord and brain injury research board; composition; term; members; staffing; duties; annual financial statement 16-41-42.2-5Duties of the state department 16-41-42.2-6Rules

IC 16-41-42.2-0.5"Activity based therapy services" Sec. 0.5. As used in this chapter, "activity based therapy services" refers to specialized interventions that activate the neuromuscular system below the level of the lesion, involving intense, repetitive physical activity performed with the goal of retraining the nervous system to recover specific motor tasks.

As added by P.L.200-2015, SEC.1.

IC 16-41-42.2-1"Board" Note: This version of section effective until 7-1-2027. See also following repeal of this section, effective 7-1-2027.

Sec. 1. As used in this chapter, "board" refers to the spinal cord and brain injury research board established by section 5 of this chapter.

As added by P.L.3-2008, SEC.113.

IC 16-41-42.2-1Repealed Note: This repeal of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

As added by P.L.3-2008, SEC.113. Repealed by P.L.152-2026, SEC.224.

IC 16-41-42.2-2"Fund" Sec. 2. As used in this chapter, "fund" refers to the spinal cord and brain injury fund established by section 3 of this chapter.

As added by P.L.3-2008, SEC.113.

IC 16-41-42.2-3Spinal cord and brain injury fund; establishment Sec. 3. (a) The spinal cord and brain injury fund is established to fund research on spinal cord and brain injuries.

(b) The fund shall be administered by the state department.

(c) The fund consists of:

(1) appropriations;

(2) gifts and bequests;

(3) fees deposited in the fund by law; and

(4) grants received from the federal government or private sources.

(d) The expenses of administering the fund shall be paid from money in the fund.

(e) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.

(f) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

As added by P.L.3-2008, SEC.113. Amended by P.L.97-2008, SEC.5; P.L.200-2015, SEC.2; P.L.213-2025, SEC.154.

IC 16-41-42.2-4Spinal cord and brain injury fund; use of fund Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 4. The fund is to be used for the following purposes:

(1) Establishing and maintaining a state medical surveillance registry for traumatic spinal cord and brain injuries.

(2) Fulfilling the duties of the board established by section 5 of this chapter.

(3) Funding research related to the treatment and cure of spinal cord and brain injuries, including acute management, medical complications, rehabilitative techniques, and neuronal recovery. Research must be conducted in compliance with all state and federal laws.

(4) Concerning spinal cord injuries, funding of at least ten percent (10%) and not more than fifteen percent (15%) of money in the fund for:

(A) post acute extended treatment and services for an individual with a spinal cord injury; or

(B) facilities that offer long term activity based therapy services at affordable rates to an individual with a spinal cord injury that requires extended post acute care.

(5) Concerning brain injuries, funding of at least ten percent (10%) and not more than fifteen percent (15%) of money in the fund for:

(A) post acute extended treatment and services for an individual with a brain injury; or

(B) facilities that offer long term activity based therapy services at affordable rates to an individual with a brain injury that requires extended post acute care.

(6) Develop a statewide trauma system. However, not more than fifty percent (50%) of money in the fund may be used for purposes of developing a statewide trauma system.

As added by P.L.3-2008, SEC.113. Amended by P.L.141-2014, SEC.22; P.L.200-2015, SEC.3.

IC 16-41-42.2-4Spinal cord and brain injury fund; use of fund Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 4. The fund is to be used for the following purposes:

(1) Establishing and maintaining a state medical surveillance registry for traumatic spinal cord and brain injuries.

(2) Funding research related to the treatment and cure of spinal cord and brain injuries, including acute management, medical complications, rehabilitative techniques, and neuronal recovery. Research must be conducted in compliance with all state and federal laws.

(3) Concerning spinal cord injuries, funding of at least ten percent (10%) and not more than fifteen percent (15%) of money in the fund for:

(A) post acute extended treatment and services for an individual with a spinal cord injury; or

(B) facilities that offer long term activity based therapy services at affordable rates to an individual with a spinal cord injury that requires extended post acute care.

(4) Concerning brain injuries, funding of at least ten percent (10%) and not more than fifteen percent (15%) of money in the fund for:

(A) post acute extended treatment and services for an individual with a brain injury; or

(B) facilities that offer long term activity based therapy services at affordable rates to an individual with a brain injury that requires extended post acute care.

(5) Develop a statewide trauma system. However, not more than fifty percent (50%) of money in the fund may be used for purposes of developing a statewide trauma system.

As added by P.L.3-2008, SEC.113. Amended by P.L.141-2014, SEC.22; P.L.200-2015, SEC.3; P.L.152-2026, SEC.225.

IC 16-41-42.2-5Spinal cord and brain injury research board; composition; term; members; staffing; duties; annual financial statement Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 5. (a) The spinal cord and brain injury research board is established for the purpose of administering the fund. The board is composed of eleven (11) members.

(b) The following six (6) members of the board shall be appointed by the governor:

(1) One (1) member who has a spinal cord or head injury or who has a family member with a spinal cord or head injury.

(2) One (1) member who is a physician licensed under IC 25-22.5 who has specialty training in neuroscience and surgery.

(3) One (1) member who is a physiatrist holding a board certification from the American Board of Physical Medicine and Rehabilitation.

(4) One (1) member representing the technical life sciences industry.

(5) One (1) member who is a physical therapist licensed under IC 25-27 who treats individuals with traumatic spinal cord injuries or brain injuries.

(6) One (1) member who owns or operates a facility that provides long term activity based therapy services at affordable rates to individuals with traumatic spinal cord injuries or brain injuries.

(c) Five (5) members of the board shall be appointed as follows:

(1) One (1) member representing Indiana University to be appointed by Indiana University.

(2) One (1) member representing Purdue University to be appointed by Purdue University.

(3) One (1) member representing the National Spinal Cord Injury Association to be appointed by the National Spinal Cord Injury Association.

(4) One (1) member representing the largest freestanding rehabilitation hospital for brain and spinal cord injuries in Indiana to be appointed by the Rehabilitation Hospital of Indiana located in Indianapolis.

(5) One (1) member representing the Brain Injury Association of America to be appointed by the Brain Injury Association of Indiana.

(d) The term of a member is four (4) years. A member serves until a successor is appointed and qualified. If a vacancy occurs on the board before the end of a member's term, the appointing authority appointing the vacating member shall appoint an individual to serve the remainder of the vacating member's term.

(e) A majority of the members appointed to the board constitutes a quorum. The affirmative votes of a majority of the members are required for the board to take action on any measure.

(f) Each member of the board is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

(g) The board shall annually elect a chairperson who shall be the presiding officer of the board. The board may establish other officers and procedures as the board determines necessary.

(h) The board shall meet at least two (2) times each year. The chairperson may call additional meetings.

(i) The state department shall provide staff for the board. The state department shall maintain a registry of the members of the board. An appointing authority shall provide written confirmation of an appointment to the board to the state department in the form and manner specified by the state department.

(j) The board shall do the following:

(1) Consider policy matters relating to spinal cord and brain injury research projects and programs under this chapter.

(2) Consider research applications and make grants for approved research projects under this chapter.

(3) Consider applications and make grants to health care clinics that:

(A) are exempt from federal income taxation under Section 501 of the Internal Revenue Code;

(B) employ physical therapists licensed under IC 25-27; and

(C) provide in Indiana long term activity based therapy services at affordable rates to individuals with spinal cord injuries or brain injuries that require extended post acute care.

(4) Consider the application's efficacy in providing significant and sustained improvement to individuals with spinal cord injuries or brain injuries.

(5) Formulate policies and procedures concerning the operation of the board.

(6) Review and authorize spinal cord and brain injury research projects and programs to be financed under this chapter. For purposes of this subdivision, the board may establish an independent scientific advisory panel composed of scientists and clinicians who are not members of the board to review proposals submitted to the board and make recommendations to the board. Collaborations are encouraged with other Indiana-based researchers as well as researchers located outside Indiana, including researchers in other countries.

(7) Review and approve progress and final research reports on projects authorized under this chapter, including any other information the board has required to be submitted as a condition of receiving a grant.

(8) Review and make recommendations concerning the expenditure of money from the fund.

(9) Take other action necessary for the purpose stated in subsection (a).

(10) Provide to the governor, the general assembly, and the legislative council an annual report not later than January 30 of each year showing the status of funds appropriated under this chapter. The report to the general assembly and the legislative council must be in an electronic format under IC 5-14-6.

(k) A member of the board is exempt from civil liability arising or thought to arise from an action taken in good faith as a member of the board.

(l) The department shall annually present to the board a financial statement that includes the following information for the current and previous fiscal year:

(1) The amount of money deposited into the fund.

(2) The amount of money expended from the fund.

(3) The amount of money, including any reserves, available for grants from the fund.

As added by P.L.3-2008, SEC.113. Amended by P.L.200-2015, SEC.4; P.L.29-2016, SEC.4.

IC 16-41-42.2-5Duties of the state department Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 5. The state department shall do the following:

(1) Consider policy matters relating to spinal cord and brain injury research projects and programs under this chapter.

(2) Consider research applications and make grants for approved research projects under this chapter.

(3) Consider applications and make grants to health care clinics that:

(A) are exempt from federal income taxation under Section 501 of the Internal Revenue Code;

(B) employ physical therapists licensed under IC 25-27; and

(C) provide in Indiana long term activity based therapy services at affordable rates to individuals with spinal cord injuries or brain injuries that require extended post acute care.

(4) Consider the application's efficacy in providing significant and sustained improvement to individuals with spinal cord injuries or brain injuries.

(5) Formulate policies and procedures concerning the operation of the state department.

(6) Review and authorize spinal cord and brain injury research projects and programs to be financed under this chapter. For purposes of this subdivision, the state department may establish an independent scientific advisory panel composed of scientists and clinicians who are not members of the state department to review proposals submitted to the state department and make recommendations to the state department. Collaborations are encouraged with other Indiana-based researchers as well as researchers located outside Indiana, including researchers in other countries.

(7) Review and approve progress and final research reports on projects authorized under this chapter, including any other information the state department has required to be submitted as a condition of receiving a grant.

(8) Review and make recommendations concerning the expenditure of money from the fund.

(9) Take other action necessary for the purpose of administering the fund.

(10) Provide to the governor, the general assembly, and the legislative council an annual report not later than January 30 of each year showing the status of funds appropriated under this chapter. The report to the general assembly and the legislative council must be in an electronic format under IC 5-14-6.

As added by P.L.3-2008, SEC.113. Amended by P.L.200-2015, SEC.4; P.L.29-2016, SEC.4; P.L.152-2026, SEC.226.

IC 16-41-42.2-6Rules Sec. 6. The state department shall adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.3-2008, SEC.113.

IC 16-41-43Chapter 43. Epinephrine

16-41-43-1Application of chapter 16-41-43-2"Entity" 16-41-43-2.3Dispensing and administration of epinephrine; statewide standing order 16-41-43-2.5Department approval of courses on epinephrine; certificate of completion; rules 16-41-43-3Prescription for epinephrine; storage 16-41-43-3.5Expiration date requirement 16-41-43-4Administration of epinephrine; employees and agents; training 16-41-43-5Prescribing of epinephrine; dispensing 16-41-43-5.5Immunity from civil liability in connection with administration of epinephrine 16-41-43-6Civil immunity