Shown verbatim: the complete text as captured from the official PDF posted by the Indiana General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
Second Regular Session of the 124th General Assembly (2026)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2025 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1358
AN ACT to amend the Indiana Code concerning health.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 16-18-2-36.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 36.8. "Blood and blood products
in liquid or semiliquid form", for purposes of IC 16-41-16, has the
meaning set forth in IC 16-41-16-1.5.
SECTION 2. IC 16-18-2-69.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 69.1. "Container", for purposes
of IC 16-41-16, has the meaning set forth in IC 16-41-16-1.6.
SECTION 3. IC 16-18-2-110, AS AMENDED BY P.L.210-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 110. "Emergency medical services", for purposes
of IC 16-31 and IC 16-38-7, means an integrated medical care delivery
system in which emergency medical responders, emergency medical
technicians, advanced emergency medical technicians, and paramedics
provide emergency and nonemergency medical care to protect against
the loss of life or aggravation of illness or injury:
(1) during an emergency response;
(2) while transporting a patient in a ground or air ambulance
outside of a hospital, a health care facility, a mental health
facility, or an urgent care facility (as defined in IC 16-24.5-1-1);
or
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(3) as part of a mobile integrated healthcare program described in
IC 16-31-12.
SECTION 4. IC 16-18-2-114.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 114.2. "EMS data dictionary",
for purposes of IC 16-38-7, has the meaning set forth in
IC 16-38-7-1.
SECTION 5. IC 16-18-2-179, AS AMENDED BY P.L.147-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 179. (a) "Hospital", except as provided in
subsections (b) through (g), (h), means a hospital that is licensed under
IC 16-21-2.
(b) "Hospital", for purposes of IC 16-21, means an institution, a
place, a building, or an agency that holds out to the general public that
it is operated for hospital purposes and that it provides care,
accommodations, facilities, and equipment, in connection with the
services of a physician, to individuals who may need medical or
surgical services. The term does not include the following:
(1) Freestanding health facilities.
(2) Hospitals or institutions specifically intended to diagnose,
care, and treat the following:
(A) Individuals with a mental illness (as defined in
IC 12-7-2-117.6).
(B) Individuals with developmental disabilities (as defined in
IC 12-7-2-61).
(3) Offices of physicians where patients are not regularly kept as
bed patients.
(4) Convalescent homes, boarding homes, or homes for the aged.
(5) Rural emergency hospitals.
(c) "Hospital", for purposes of IC 16-22-8, has the meaning set forth
in IC 16-22-8-5.
(d) "Hospital", for purposes of IC 16-23.5, has the meaning set forth
in IC 16-23.5-1-9.
(e) "Hospital" or "tuberculosis hospital", for purposes of IC 16-24,
means an institution or a facility for the treatment of individuals with
tuberculosis.
(f) "Hospital", for purposes of IC 16-34, means a hospital (as
defined in subsection (b)) that:
(1) is required to be licensed under IC 16-21-2; or
(2) is operated by an agency of the United States.
(g) "Hospital", for purposes of IC 16-38-7, means an institution,
a place, a building, or an agency that holds out to the general
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public that it is operated for hospital purposes and that it provides
care, accommodations, facilities, and equipment, in connection
with the services of a physician, to individuals who may need
medical or surgical services. The term does not include the
following:
(1) Freestanding health facilities.
(2) Long term acute care hospitals.
(3) Hospitals that do not provide emergency services.
(4) Hospitals or institutions specifically intended to diagnose,
care, and treat the following:
(A) Individuals with a mental illness.
(B) Individuals with developmental disabilities.
(5) Offices of physicians where patients are not regularly kept
as bed patients.
(6) Convalescent homes, boarding homes, or homes for the
aged.
(7) Rehabilitation facilities.
(g) (h) "Hospital", for purposes of IC 16-41-12, has the meaning set
forth in IC 16-41-12-6.
SECTION 6. IC 16-18-2-198.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 198.1. "Laboratory animal
carcasses, body parts, blood and body fluids, and bedding", for
purposes of IC 16-41-16, has the meaning set forth in
IC 16-41-16-4.5.
SECTION 7. IC 16-18-2-211, AS AMENDED BY P.L.235-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 211. (a) "Local health department", except as
provided in subsections (b), (c), and (d), (b) through (e), means a
department organized by a county or city executive with a board, a
health officer, and an operational staff to provide health services to a
county, city, or multiple county unit.
(b) "Local health department", for purposes of IC 16-41-7.5, has the
meaning set forth in IC 16-41-7.5-1.
(c) "Local health department", for purposes of IC 16-42-1,
refers to:
(1) a local health department established under IC 16-20; or
(2) the health and hospital corporation created under
IC 16-22-8.
(c) (d) "Local health department", for purposes of IC 16-42-5.1, has
the meaning set forth in IC 16-42-5.1-1. This subsection expires
January 1, 2027.
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(d) (e) "Local health department", for purposes of IC 16-42-28, has
the meaning set forth in IC 16-42-28-1.
SECTION 8. IC 16-18-2-240.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 240.1. "Mortuary", for purposes
of IC 16-41-16, has the meaning set forth in IC 16-41-16-4.6.
SECTION 9. IC 16-18-2-244.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 244.6. "National EMS
Information System", for purposes of IC 16-38-7, has the meaning
set forth in IC 16-38-7-2.
SECTION 10. IC 16-18-2-313.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 313.4. "Rehabilitation hospital",
for purposes of IC 16-38-7, has the meaning set forth in
IC 16-38-7-3.
SECTION 11. IC 16-18-2-313.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 313.5. "Rehabilitation hospital
registry data dictionary" for purposes of IC 16-38-7, has the
meaning set forth in IC 16-38-7-4.
SECTION 12. IC 16-18-2-338.3, AS AMENDED BY P.L.114-2020,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 338.3. (a) "Standing order", for purposes of
IC 16-31 and IC 16-42-27, means:
(1) a written order; or
(2) an order transmitted by other means of communication;
that is prepared by a person authorized to write a prescription for the
distribution and administration of an overdose intervention drug,
including any actions and interventions to be used in order to ensure
timely access to treatment.
(b) "Standing order", for purposes of IC 16-41-43, means:
(1) a written order; or
(2) an order transmitted by other means of communication;
that is prepared by a person authorized to write a prescription for the
distribution and administration of auto-injectable epinephrine,
including any actions and interventions to be used in order to ensure
timely access to treatment.
SECTION 13. IC 16-18-2-354.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 354.6. "Trauma center", for
purposes of IC 16-38-7, has the meaning set forth in IC 16-38-7-5.
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SECTION 14. IC 16-18-2-354.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 354.9. "Trauma data dictionary",
for purposes of IC 16-38-7, has the meaning set forth in
IC 16-38-7-6.
SECTION 15. IC 16-18-2-370.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 370.6. "Waste handler", for
purposes of IC 16-41-16, has the meaning set forth in
IC 16-41-16-6.6.
SECTION 16. IC 16-19-4-11, AS AMENDED BY P.L.1-2022,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 11. (a) The state health commissioner or the
commissioner's designated public health authority who is a licensed
prescriber may, as part of the individual's official capacity, issue a
standing order, prescription, or protocol that allows a pharmacist to
administer or dispense any of the following:
(1) An immunization that is recommended by the federal Centers
for Disease Control and Prevention Advisory Committee on
Immunization Practices for individuals who are not less than
eleven (11) years of age.
(2) A smoking cessation product. tobacco, vaping, or nicotine
cessation product. However, the pharmacist must inform the
patient that the patient must have a follow-up consultation with
the patient's licensed prescriber.
(b) This subsection does not apply to a pharmacist. The state health
commissioner or the commissioner's designated public health authority
who is a licensed prescriber may, as part of the individual's official
capacity, issue a standing order, prescription, or protocol that allows an
individual who is licensed, certified, or registered by a board (as
defined in IC 25-1-9-1), and if within the individual's scope of practice,
to administer or dispense an immunization that is recommended by the
federal Centers for Disease Control and Prevention Advisory
Committee on Immunization Practices for individuals who are not less
than eleven (11) years of age.
(c) A standing order described in subsection (a), (b), or (e) must
include the following:
(1) The purpose of the order.
(2) The eligible recipients.
(3) The geographic area covered by the standing order.
(4) The procedure for administering or dispensing the
immunization or product.
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(5) A timeline for renewing or updating the standing order.
(d) The state health commissioner or designated public health
authority who issues a standing order, prescription, or protocol under
subsection (a), (b), or (e) is immune from civil liability related to the
issuing of the standing order, prescription, or protocol.
(e) Notwithstanding subsection (a) and subsection (b), the state
health commissioner or the commissioner's designated public health
authority may issue a standing order, prescription, or protocol to
administer or dispense an immunization that is recommended by the
federal Centers for Disease Control and Prevention Advisory
Committee on Immunization Practices for individuals who are at least
five (5) years of age. Nothing in this subsection authorizes the state
health commissioner or the commissioner's designated public health
authority to:
(1) require an individual to receive an immunization for
COVID-19; or
(2) waive or otherwise allow a minor to receive an immunization
without the consent of the parent or guardian as required under
IC 16-36-1.
This subsection expires at the conclusion of the federal public health
emergency concerning COVID-19 that was renewed on October 15,
2021, or any subsequent renewal of the declared federal public health
emergency concerning COVID-19.
SECTION 17. IC 16-20-1-23.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 23.5. A local health department,
including the health and hospital corporation created under
IC 16-22-8, may conduct an inspection permitted under
IC 16-42-1-13(b).
SECTION 18. IC 16-21-2-12.5, AS ADDED BY P.L.171-2025,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 12.5. (a) Except as provided in subsections (d)
and (e), in regulating the licensure of hospitals and ambulatory
outpatient surgical centers under this article, the state department shall
use the following for purposes of enforcement:
(1) The most recent published version of the Facility Guidelines
Institute (FGI) Guidelines for Design and Construction of
Hospitals, planning codes, except to the extent the guidelines
codes conflict with subdivision (3) or (4). (2) or (3).
(2) The most recent published version of the Facility Guidelines
Institute (FGI) Guidelines for Design and Construction of
Outpatient Facilities, except to the extent the guidelines conflict
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with subdivision (3) or (4).
(3) (2) The National Fire Protection Association (NFPA) 101,
Life Safety Code Handbook and Tentative Interim Amendments
(TIAs), as adopted by the federal Centers for Medicare and
Medicaid Services regulations, as part of the Conditions of
Participation for Medicare and Medicaid.
(4) (3) The National Fire Protection Association (NFPA) 99,
Health Care Facilities Code Handbook and Tentative Interim
Amendments (TIAs), as adopted by the federal Centers for
Medicare and Medicaid Services regulations, as part of the
Conditions of Participation for Medicare and Medicaid.
(b) The state department shall list the version of each publication
described in subsection (a) being utilized by the state department on
the state department's website.
(c) The state department shall meet the following requirements
when a new version of a publication described in subsection (a)(1) and
(a)(2) is published:
(1) Not later than ninety (90) days from the publication of the new
version, post a notice of the publication on the state department's
website, stating the state department's intent to adopt the new
version.
(2) Set forth as part of the notice a date that is:
(A) not earlier than two hundred seventy (270) days; and
(B) not later than three hundred sixty (360) days;
from the posting of the notice in which the state department may
take action using the new version of the publication.
(d) The following apply for a plan review submitted to the state
department concerning the construction, renovation, or addition to a
hospital or ambulatory outpatient surgical center:
(1) For a plan review submitted before July 1, 2025, the state
department shall utilize, for purposes of enforcement, the version
of each publication described in subsection (a) that was in effect
at the time the plan review was submitted.
(2) For a plan review submitted on July 1, 2025, and thereafter,
the state department shall utilize, for purposes of enforcement, the
version of each publication that was in place on the date that the
plan review was submitted and complying with the limitations set
forth in subsection (c)(2).
(e) The following are void:
(1) 410 IAC 15-1.5-8(c)(1).
(2) 410 IAC 15-1.5-8(c)(3).
(3) 410 IAC 15-2.5-7(a)(4)(A).
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(4) 410 IAC 15-2.5-7(a)(4)(C).
The publisher of the Indiana Code and Indiana Register shall remove
these provisions from the Indiana Administrative Code.
SECTION 19. IC 16-21-6-3, AS AMENDED BY P.L.216-2025,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) Each hospital shall file with the state
department a report for the preceding fiscal year within one hundred
twenty (120) days after not later than October 1 of the year
following the end of the hospital's fiscal year. For the filing of a report,
the state department may grant an extension of the time to file the
report if the hospital shows good cause for the extension. The report
must contain the following:
(1) A copy of the hospital's balance sheet, including a statement
describing the hospital's total assets and total liabilities.
(2) A copy of the hospital's income statement.
(3) A statement of changes in financial position.
(4) A statement of changes in fund balance.
(5) Accountant notes pertaining to the report.
(6) A copy of the hospital's report required to be filed annually
under 42 U.S.C. 1395g, and other appropriate utilization and
financial reports required to be filed under federal statutory law.
(7) Net patient revenue and total number of paid claims, including
providing the information as follows:
(A) The net patient revenue and total number of paid claims
for inpatient services for:
(i) Medicare;
(ii) Medicaid;
(iii) commercial insurance, including inpatient services
provided to patients participating in a fully-funded health
insurance plan or a self-funded health insurance plan;
(iv) self-pay; and
(v) any other category of payer.
(B) The net patient revenue and total number of paid claims
for outpatient services for:
(i) Medicare;
(ii) Medicaid;
(iii) commercial insurance, including outpatient services
provided to patients participating in a fully-funded health
insurance plan or a self-funded health insurance plan;
(iv) self-pay; and
(v) any other category of payer.
(C) The total net patient revenue and total number of paid
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claims for:
(i) Medicare;
(ii) Medicaid;
(iii) commercial insurance, including the total net patient
revenue for services provided to patients participating in a
fully-funded health insurance plan or a self-funded health
insurance plan;
(iv) self-pay; and
(v) any other category of payer.
(8) Net patient revenue and total number of paid claims from
facility fees, including providing the information as follows:
(A) The net patient revenue and total number of paid claims
for inpatient services from facility fees for:
(i) Medicare;
(ii) Medicaid;
(iii) commercial insurance, including inpatient services from
facility fees provided to patients participating in a
fully-funded health insurance plan or a self-funded health
insurance plan;
(iv) self-pay; and
(v) any other category of payer.
(B) The net patient revenue and total number of paid claims
for outpatient services from facility fees for:
(i) Medicare;
(ii) Medicaid;
(iii) commercial insurance, including outpatient services
from facility fees provided to patients participating in a
fully-funded health insurance plan or a self-funded health
insurance plan;
(iv) self-pay; and
(v) any other category of payer.
(C) The total net patient revenue and total number of paid
claims from facility fees for:
(i) Medicare;
(ii) Medicaid;
(iii) commercial insurance, including the total net patient
revenue from facility fees provided to patients participating
in a fully-funded health insurance plan or a self-funded
health insurance plan;
(iv) self-pay; and
(v) any other category of payer.
(9) Net patient revenue and total number of paid claims from
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professional fees, including providing the information as follows:
(A) The net patient revenue and total number of paid claims
for inpatient services from professional fees for:
(i) Medicare;
(ii) Medicaid;
(iii) commercial insurance, including inpatient services from
professional fees provided to patients participating in a
fully-funded health insurance plan or a self-funded health
insurance plan;
(iv) self-pay; and
(v) any other category of payer.
(B) The net patient revenue and total number of paid claims
for outpatient services from professional fees for:
(i) Medicare;
(ii) Medicaid;
(iii) commercial insurance, including outpatient services
from professional fees provided to patients participating in
a fully-funded health insurance plan or a self-funded health
insurance plan;
(iv) self-pay; and
(v) any other category of payer.
(C) The total net patient revenue and total number of paid
claims from professional fees for:
(i) Medicare;
(ii) Medicaid;
(iii) commercial insurance, including the total net patient
revenue from professional fees provided to patients
participating in a fully-funded health insurance plan or a
self-funded health insurance plan;
(iv) self-pay; and
(v) any other category of payer.
(10) A statement including:
(A) Medicare gross revenue;
(B) Medicaid gross revenue;
(C) other revenue from state programs;
(D) revenue from local government programs;
(E) local tax support;
(F) charitable contributions;
(G) other third party payments;
(H) gross inpatient revenue;
(I) gross outpatient revenue;
(J) contractual allowance;
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(K) any other deductions from revenue;
(L) charity care provided;
(M) itemization of bad debt expense; and
(N) an estimation of the unreimbursed cost of subsidized
health services.
(11) A statement itemizing donations.
(12) A statement describing the total cost of reimbursed and
unreimbursed research.
(13) A statement describing the total cost of reimbursed and
unreimbursed education separated into the following categories:
(A) Education of physicians, nurses, technicians, and other
medical professionals and health care providers.
(B) Scholarships and funding to medical schools, and other
postsecondary educational institutions for health professions
education.
(C) Education of patients concerning diseases and home care
in response to community needs.
(D) Community health education through informational
programs, publications, and outreach activities in response to
community needs.
(E) Other educational services resulting in education related
costs.
(14) The name of each person or entity that has:
(A) either:
(i) an ownership interest of at least five percent (5%); or
(ii) if the person is a practitioner of the hospital, any
ownership interest;
(B) a controlling interest; or
(C) an interest as a private equity partner;
in the hospital.
(15) The business address of each person or entity identified
under subdivision (14). The business address must include a:
(A) building number;
(B) street name;
(C) city name;
(D) ZIP code; and
(E) country name.
The business address may not include a post office box number.
(16) The business website, if applicable, of each person or entity
identified under subdivision (14).
(17) Any of the following identification numbers, if applicable,
for a person or entity identified under subdivision (14):
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(A) National provider identifier (NPI).
(B) Taxpayer identification number (TIN).
(C) Employer identification number (EIN).
(D) CMS certification number (CCN).
(E) National Association of Insurance Commissioners (NAIC)
identification number.
(F) A personal identification number associated with a license
issued by the department of insurance.
A hospital may not include the Social Security number of any
individual.
(18) The ownership stake of each person or entity identified under
subdivision (14).
(b) The information in the report filed under subsection (a) must be
provided from reports or audits certified by an independent certified
public accountant or by the state board of accounts.
(c) A hospital that fails to file the report required under subsection
(a) by the date required shall pay to the state department a fine of ten
thousand dollars ($10,000) per day for which the report is past due. A
fine under this subsection shall be deposited into the payer affordability
penalty fund established by IC 12-15-1-18.5.
SECTION 20. IC 16-21-6-6, AS AMENDED BY P.L.156-2011,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. In addition to the report filed under section 3 of
this chapter, each hospital shall, not more than one hundred twenty
(120) days after the end of each calendar quarter, not later than
October 1 of the year following the end of the hospital's fiscal year,
file with the state department, or the state department's designated
contractor, inpatient and outpatient discharge information at the patient
level, in a format prescribed by the state health commissioner,
including the following:
(1) The patient's:
(A) length of stay;
(B) diagnoses and surgical procedures performed during the
patient's stay;
(C) date of:
(i) admission;
(ii) discharge; and
(iii) birth;
(D) type of admission;
(E) admission source;
(F) gender;
(G) race;
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(H) discharge disposition; and
(I) payor, including:
(i) Medicare;
(ii) Medicaid;
(iii) a local government program;
(iv) commercial insurance;
(v) self-pay; and
(vi) charity care.
(2) The total charge for the patient's stay.
(3) The ZIP code of the patient's residence.
(4) Beginning October 1, 2013, all diagnosed external causes of
injury codes.
SECTION 21. IC 16-27.5-5-5, AS ADDED BY P.L.143-2025,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
SEPTEMBER 1, 2025 (RETROACTIVE)]: Sec. 5. (a) A home health
aide competency evaluation program must:
(1) operate in accordance with 42 CFR 484.80; and
(2) address each topic described in section 4(a) of this chapter.
(b) A home health aide competency evaluation program must
include at least seventy-five (75) hours of training. At least sixteen (16)
hours of classroom training must occur before supervised practical
training.
SECTION 22. IC 16-29-7-13, AS AMENDED BY P.L.93-2024,
SECTION 130, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 13. (a) The state department shall
establish a review period for certificate of need applications beginning
July 1, 2019, and every July 1 thereafter, and lasting until the following
June 30.
(b) The state department shall accept certificate of need applications
until July 31 of the review period.
(c) The state department shall publish any certificate of need
applications accepted for review on the state department's website
before August 15 of the review period.
(d) The state department shall accept public comments on the
certificate of need applications accepted for review through October 15
of the review period. Public comments may be submitted to the state
department by mail or electronic mail as specified on the state
department's website.
(e) The commissioner or the commissioner's designee shall issue
any decision on an accepted certificate of need application not later
than April 30 of the review period.
(f) The state department shall adopt rules under IC 4-22-2 to
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implement a system for the submission of public comments under
subsection (d).
SECTION 23. IC 16-38-6-1, AS AMENDED BY P.L.48-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. As used in this chapter, "chronic disease"
means one (1) of the following conditions:
(1) Asthma.
(2) Diabetes.
(3) Congestive heart failure or coronary heart disease.
(4) Hypertension.
(5) Kidney disease.
(6) Parkinson's disease.
(6) (7) A condition that the state department:
(A) determines should be included on the registry; and
(B) chooses to add to the registry by rule under IC 4-22-2.
SECTION 24. IC 16-38-7 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
Chapter 7. State Trauma Registry
Sec. 1. As used in this chapter, "EMS data dictionary" means
the collection of descriptions of the data objects in the data base of
fire and emergent run data maintained by the Indiana EMS
program at the department of homeland security.
Sec. 2. As used in this chapter, "National EMS Information
System" means the national repository for EMS data maintained
by the University of Utah School of Medicine.
Sec. 3. As used in this chapter, "rehabilitation hospital" means
a hospital that is excluded from a prospective payment system
under 42 CFR 412.
Sec. 4. As used in this chapter, "rehabilitation hospital registry
data dictionary" means the collection of descriptions of the data
objects in the data base maintained by the state department.
Sec. 5. As used in this chapter, "trauma center" means a
hospital that:
(1) provides trauma care and has been verified as a trauma
center by the American College of Surgeons;
(2) has been designated a trauma center under a state
designation system that is substantially equivalent to the
American College of Surgeons verification process, as
determined by the state department; or
(3) has been deemed to be in the process of American College
of Surgeons verification pursuant to 836 IAC 1-2.1.
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Sec. 6. As used in this chapter, "trauma data dictionary" means
the collection of descriptions of the data objects in the data base
maintained by the trauma registry under this chapter.
Sec. 7. (a) The state department shall maintain a trauma
registry to collect and analyze data that is necessary to evaluate the
delivery of trauma care in Indiana.
(b) The data collected by the registry must allow the state
department to identify and evaluate the following:
(1) Frequency, type, severity, and outcome of trauma injuries.
(2) Criteria used to establish triage protocols.
(3) Geographic patterns of injury, including areas or regions
of Indiana where improvements are needed in the delivery of
trauma care.
(4) Other factors to consider in recommending, designing, or
implementing the statewide trauma care delivery system,
including:
(A) public education on trauma and injury prevention;
(B) access to trauma care;
(C) prehospital availability; and
(D) the cost of trauma care.
(c) Registry data must be linked between emergency medical
services providers, health care facilities, and other agencies to
assess the quality of the entire continuum of trauma care.
Sec. 8. The following shall submit data concerning trauma care
to the state department for inclusion in the registry:
(1) A hospital.
(2) A trauma center.
(3) A rehabilitation hospital.
(4) An emergency medical services provider, both basic life
support and advanced life support, that transports patients.
(5) At the request of the state department, any state agency
possessing data or information regarding trauma care.
Sec. 9. (a) Data submitted to the registry must include
information that allows the state department to identify and
evaluate the following:
(1) Incidence, mechanism, type, severity, and outcome of
traumatic injuries.
(2) Criteria used to establish or refine triage and transport
guidelines.
(3) Geographic patterns of injury, including areas or regions
of Indiana where improvements are needed in the delivery of
trauma care.
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(b) Data submitted to and maintained by the registry must be in
a format that:
(1) protects the identity of specific patients to whom medical
care has been rendered;
(2) identifies specific health care facilities by a code or other
designation; and
(3) avoids or minimizes duplication of entries.
Sec. 10. (a) An entity required to submit data under section 8 of
this chapter shall submit data to the registry by direct data entry
or by electronic data transfer using an .xml format and data
scheme that is based on the trauma data dictionary.
(b) A hospital shall submit data to the registry using the criteria
in the trauma data dictionary.
(c) A rehabilitation hospital shall submit data to the registry
using the rehabilitation hospital registry data dictionary.
(d) An emergency medical services provider shall submit data
to the registry using the most current version of the National EMS
Information System data elements and the criteria in the Indiana
EMS Data Dictionary.
Sec. 11. (a) A hospital, trauma center, and rehabilitation
hospital shall report data to the registry as follows:
(1) For a patient admitted to the facility between January 1
and March 31, not later than June 30.
(2) For a patient admitted to the facility between April 1 and
June 30, not later than September 30.
(3) For a patient admitted to the facility between July 1 and
September 30, not later than January 15 of the following year.
(4) For a patient admitted to the facility between October 1
and December 31, not later than May 1 of the following year.
(b) Not later than the fifteenth day of each month in which an
incident occurred, an EMS provider shall report the data to the
state department.
Sec. 12. (a) The state department may remove a facility's
designation as a trauma center if the facility fails to submit data as
required under this chapter.
(b) The state department may deem a facility or EMS provider
that fails to submit data as required under this chapter ineligible
for state department programs, grants, or other sources of state
department funding.
Sec. 13. (a) Information in the trauma registry is confidential
and may be released in a statistical form that does not provide
personally identifiable information.
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(b) Information in the trauma registry may be released in
accordance with IC 4-1-6-8.6.
SECTION 25. IC 16-41-16-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1.5. As used in this chapter,
"blood and blood products in liquid or semiliquid form" means
blood and blood products that have intermediate fluid properties
and are capable of flowing in a manner similar to a liquid.
SECTION 26. IC 16-41-16-1.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1.6. As used in this chapter,
"container" means any portable device or material in which
infectious waste is:
(1) stored;
(2) transported;
(3) treated;
(4) disposed of; or
(5) otherwise handled.
SECTION 27. IC 16-41-16-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 3. (a) As used in this
chapter, "effective treatment" means treatment that meets the following
conditions:
(1) Reduces the pathogenic qualities of infectious waste to a point
where the waste is safe to handle.
(2) Is designed for the specific waste involved.
(3) Is carried out in a manner consistent with rules adopted by the
state department under section 8 of this chapter.
(b) The term includes the following:
(1) Incineration.
(2) Steam sterilization.
(3) Chemical disinfection.
(4) Thermal inactivation.
(5) Irradiation.
(6) Discharge in a sanitary sewer or septic system that is
properly installed and operates in accordance with local and
state laws.
SECTION 28. IC 16-41-16-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 4.5. As used in this chapter,
"laboratory animal carcasses, body parts, blood and body fluids,
and bedding" means carcasses, body parts, blood and blood
products in liquid or semiliquid form, and bedding of animals that
HEA 1358 — Concur
18
have been intentionally or are suspected of having been exposed to
pathogens in:
(1) research;
(2) production of biologicals;
(3) the in vivo testing of pharmaceuticals; or
(4) other procedures.
SECTION 29. IC 16-41-16-4.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 4.6. As used in this chapter,
"mortuary" means a funeral home (as defined in IC 25-15-2-15).
SECTION 30. IC 16-41-16-6.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 6.6. As used in this chapter,
"waste handler" means a person who handles infectious waste.
SECTION 31. IC 16-41-16-6.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 6.9. (a) A person who generates
infectious waste is responsible for the:
(1) appropriate containment;
(2) appropriate labeling;
(3) effective treatment;
(4) transport; and
(5) disposal of;
infectious waste as required by this chapter.
(b) A person may provide services to the person who generates
infectious waste, including the responsibilities described in
subsection (a)(1) through (a)(5). A person described in this section
shall comply with the requirements of this chapter.
SECTION 32. IC 16-41-16-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 7. (a) Before infectious
waste is placed in an area that is not a secure area and before the waste
is sent for final disposal, all infectious waste must be: a person shall:
(1) effectively treated conduct effective treatment on the
infectious waste on site; or
(2) transported transport the infectious waste off site for
effective treatment;
according to rules adopted under section 8 of this chapter. this
chapter.
(b) A facility shall treat liquid infectious waste or excreta that are
infectious waste as required by subsection (a) or flush the liquid
infectious waste or excreta that are infectious waste in compliance with
rules adopted under IC 4-22-2.
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SECTION 33. IC 16-41-16-7.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 7.7. (a) A person shall ensure that
infectious waste is, at all times, contained in a manner that will
reasonably protect:
(1) a waste handler; and
(2) the public;
from contracting a dangerous communicable disease that may
result from exposure to the infectious waste.
(b) A person shall place a contaminated sharp or a
contaminated object that could potentially become a contaminated
sharp, infectious biological culture, infectious associated biological,
and infectious agent stock in a container that:
(1) is leak proof, rigid, and puncture resistant;
(2) is tightly sealed to prevent expulsion;
(3) is labeled with the biohazard symbol; and
(4) undergoes effective treatment before being stored in an
unsecured area and sent for final disposal.
(c) A person shall place pathological waste, laboratory animal
carcasses, body parts, blood and body fluids, and bedding, blood
and blood products in liquid or semiliquid form, and human body
fluids that are visibly contaminated with blood, in a container that:
(1) is impervious to moisture;
(2) is sufficiently strong and thick to prevent expulsion;
(3) is secured in a manner that prevents leakage or expulsion;
(4) is labeled with the biohazard symbol; and
(5) undergoes effective treatment before being stored in an
unsecured area and sent for final disposal.
SECTION 34. IC 16-41-16-7.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 7.8. A person shall have written
policies and procedures that include at least the following:
(1) The requirements of this chapter.
(2) The sanctions for failing to comply with the requirements
of this chapter, including the discipline and dismissal of a
person.
(3) The instruction and materials concerning this chapter to
a person before the person is likely to be exposed to infectious
waste.
(4) Documentation concerning instruction provided under
subdivision (3).
(5) A procedure for providing records to the state department
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for inspection under section 9 of this chapter.
SECTION 35. IC 16-41-16-7.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 7.9. (a) If infectious waste is
stored before final disposal, a person shall do the following:
(1) Store the infectious waste in a secure area that:
(A) is locked or otherwise secured to eliminate access by or
exposure to the public;
(B) affords protection from adverse environmental
conditions and vermin; and
(C) prominently displays a biohazard symbol.
(2) Store the infectious waste in manner that:
(A) preserves the integrity of the container in which the
infectious waste is stored; and
(B) is not conducive to rapid microbial growth and
putrefaction.
(3) Except as provided in subsection (b), disinfect a reusable
container for infectious waste each time the container is
emptied.
(b) A person is not required to disinfect a reusable container
under subsection (a)(3) if the reusable container was protected
from contamination by a disposable liner, bag, or other device that
was removed with the infectious waste.
SECTION 36. IC 16-41-16-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 8. (a) After consulting
with an advisory committee composed of representatives of persons or
facilities that handle infectious wastes, the state department shall may
adopt rules under IC 4-22-2 necessary to carry out this chapter.
(b) The state department shall may adopt rules under this section
after considering the guidelines of the following:
(1) United States Environmental Protection Agency.
(2) United States Centers for Disease Control.
(3) United States Occupational Safety and Health Administration.
(4) State department of labor.
(5) State department of environmental management.
(c) The state department shall adopt rules under this section that
establish an alternative to 410 IAC 1-3-28 to allow a person or facility
that transports infectious waste offsite to label each container of
infectious waste in a manner that:
(1) does not specifically identify the generating facility or
treatment facility; and
(2) ensures that the identity of the generating facility or treatment
HEA 1358 — Concur
21
facility may be readily obtained based on the label information.
SECTION 37. IC 16-41-16-8.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 8.5. (a) A person shall:
(1) transport infectious waste in a manner that reasonably
protects waste handlers and the public from contracting a
dangerous communicable disease; and
(2) before the infectious waste in compacted, conduct effective
treatment of the infectious waste.
(b) A person who transports infectious waste offsite shall do the
following:
(1) Label the container of infectious waste with the name,
address, and telephone number of the following facilities, if
applicable:
(A) The facility that generated the infectious waste.
(B) The facility that treated or will treat the infectious
waste.
(2) Provide a form that contains:
(A) the information for each facility described in
subdivision (1);
(B) a brief description of the:
(i) infectious waste; and
(ii) method of effective treatment of the infectious waste;
and
(C) the signature of the person responsible for transporting
the infectious waste.
SECTION 38. IC 16-41-16-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 10. (a) The state
department may commence an action under IC 4-21.5-3-6 or
IC 4-21.5-4 for issuance of an order of compliance and a civil penalty
not to exceed one thousand dollars ($1,000) per violation per day
against a person who:
(1) fails to comply with this chapter or a rule adopted under this
chapter; or
(2) interferes with or obstructs the state department or the state
department's designated agent in the performance of official
duties under this chapter or a rule adopted under this chapter.
(b) The state department may commence an action against a facility
licensed by the state department under either subsection (a) or the
licensure statute for that facility, but the state department may not bring
an action arising out of one (1) incident under both statutes.
(c) In determining the nature of a violation and the amount of
HEA 1358 — Concur
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a civil penalty under subsection (a), the state department shall
consider the following factors:
(1) The potential harm or imminent threat to public health.
(2) The extent of a deviation from the requirements of this
chapter.
(3) The degree of willfulness, recklessness, or negligence.
(4) Whether the person who committed the violation has
previously failed to comply with the requirements of this
chapter.
(5) Whether the person who committed the violation engaged
in any of the following:
(A) Obstruction of the state department's duties under this
chapter.
(B) Failure to cooperate with the state department.
(C) Fraudulent conduct.
SECTION 39. IC 16-41-39.4-5, AS AMENDED BY P.L.147-2023,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) The state department shall, in cooperation
with other state agencies, collect data under this chapter and before
June 1 of each year, report the results to the general assembly for the
previous calendar year. A copy of the report shall be transmitted in an
electronic format under IC 5-14-6 to the executive director of the
legislative services agency for distribution to the members of the
general assembly. make the data available on the state department's
website.
(b) The report transmitted data made available under subsection
(a) must include for each county the following information concerning
children who are less than seven (7) years of age:
(1) The number of children who received a blood lead test.
(2) The number of children who had a blood test result of at least
ten (10) micrograms of lead per deciliter of blood.
(3) The number of children identified under subdivision (2) who
received a blood test to confirm that they had lead poisoning.
(4) The number of children identified under subdivision (3) who
had lead poisoning.
(5) The number of children identified under subdivision (4) who
had a blood test result of less than ten (10) micrograms of lead per
deciliter of blood.
(6) The average number of days taken to confirm a blood lead
test.
(7) The number of risk assessments performed for children
identified under subdivision (4) and the average number of days
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23
taken to perform the risk assessment.
(8) The number of housing units in which risk assessments
performed under subdivision (7) documented lead hazards as
defined by 40 CFR 745.
(9) The number of housing units identified under subdivision (8)
that were covered by orders issued under IC 13-14-10-2 or by
another governmental authority to eliminate lead hazards.
(10) The number of housing units identified under subdivision (9)
for which lead hazards have been eliminated within thirty (30)
days, three (3) months, and six (6) months.
SECTION 40. IC 16-41-39.4-10, AS ADDED BY P.L.80-2022,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10. (a) The state department shall establish
guidance and standards for health care providers for screening children
in Indiana for lead poisoning. When developing the guidance and
standards, the state department shall consult with the American
Academy of Pediatrics.
(b) The state department shall make the guidance and standards
established under subsection (a) available on the state department's
Internet web site. website.
(c) This section expires December 31, 2026.
SECTION 41. IC 16-41-39.4-11, AS ADDED BY P.L.80-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 11. (a) A health care provider who provides health
care services to a child who is less than six (6) years of age shall do the
following:
(1) Determine whether the child has had a blood lead screening
test.
(2) If the child has had a blood lead screening test, determine at
what age the child was tested and the results of the blood lead
screening test.
(3) If the child has not had a blood lead screening test and is:
(A) at least nine (9) months old; and
(B) less than seventy-two (72) months old;
offer a lead poisoning screening in accordance with guidance and
standards established by the state department under section 10 of
this chapter.
(b) Nothing in this section shall be construed to require a parent or
guardian to have their child receive a blood lead screening test.
(c) This section expires December 31, 2026.
SECTION 42. IC 16-41-43-2.3, AS ADDED BY P.L.114-2020,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2026]: Sec. 2.3. (a) A pharmacist may, by standing order,
dispense auto-injectable epinephrine without examining the individual
to whom it may be administered if all of the following conditions are
met:
(1) The auto-injectable epinephrine is dispensed to a person who:
(A) presents a certificate of completion issued under section
2.5(c) of this chapter to the pharmacist before the
auto-injectable epinephrine is dispensed; and
(B) is an individual who is or may be in a position to assist an
individual who is at risk of experiencing anaphylaxis.
(2) The pharmacist provides instruction concerning how to
properly administer auto-injectable epinephrine from the specific
device being dispensed at the time of the device's dispensing.
(3) The pharmacist instructs the individual receiving the
auto-injectable epinephrine to summon emergency medical
services either immediately before or immediately after
administering the auto-injectable epinephrine to an individual
experiencing anaphylaxis.
(b) A person wishing to receive auto-injectable epinephrine by
standing order must do the following:
(1) Successfully complete the course described in section 2.5(a)
of this chapter.
(2) Present a certificate of completion issued under section 2.5(c)
of this chapter to a pharmacist at the time the auto-injectable
epinephrine is requested.
(c) An individual described in subsection (a)(1) may administer
auto-injectable epinephrine to an individual that the person reasonably
believes is experiencing anaphylaxis.
(d) An individual described in subsection (a)(1) may not be
considered to be practicing medicine without a license in violation of
IC 25-22.5-8-2 if the individual, acting in good faith:
(1) obtains auto-injectable epinephrine from a pharmacist by
standing order;
(2) administers auto-injectable epinephrine to an individual that
the person reasonably believes is experiencing anaphylaxis in a
manner that is consistent with:
(A) the training provided during the course described in
section 2.5(a) of this chapter; or
(B) the instruction provided to the person by a pharmacist at
the time the auto-injectable epinephrine was dispensed; and
(3) attempts to summon emergency medical services either
immediately before or immediately after administering the
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auto-injectable epinephrine.
(e) The state department shall ensure that a statewide standing order
for the dispensing of auto-injectable epinephrine in Indiana is issued
under this section. The state health commissioner may, as part of the
individual's official capacity, issue a statewide standing order that may
be used for the dispensing of auto-injectable epinephrine under this
section. The immunity provided in IC 34-13-3-3 applies to an
individual described in this subsection.
SECTION 43. IC 16-41-43-2.5, AS AMENDED BY P.L.171-2025,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2.5. (a) The state department shall approve
courses concerning allergies and the administration of auto-injectable
epinephrine that meet criteria established by the state department.
(b) The state department shall do the following:
(1) Publish and maintain, on its website, the following:
(A) The criteria established by the state department under
subsection (a).
(B) A list of all approved courses.
(2) Prescribe the certification process for the course described in
subsection (a).
(3) Revoke the approval of a course if it does not comply with the
criteria specified by the state department.
(c) A person who successfully completes a certified course shall
receive a certificate of completion issued by the entity providing the
course.
(d) A certificate of completion issued under subsection (c) must:
(1) have dimensions that permit the certificate of completion to be
carried in a wallet; and
(2) display the following information:
(A) The first and last name of the person.
(B) The first and last name of the course instructor.
(C) The name of the entity responsible for providing the
course, if applicable.
(D) The date the course described in subsection (a) was
completed.
(E) Any other information required by the state department.
(e) The state department may adopt rules under IC 4-22-2 to
implement this section.
SECTION 44. IC 16-41-43-3, AS AMENDED BY P.L.28-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) An entity may fill a prescription for
auto-injectable epinephrine and store the auto-injectable epinephrine
HEA 1358 — Concur
26
on the premises of the entity if a health care provider who is licensed
in Indiana and whose scope of practice includes the prescribing of
medication writes or electronically transmits the prescription for
auto-injectable epinephrine for the entity.
(b) The entity shall store the auto-injectable epinephrine in a safe
location in which only the entity's personnel or agents have access.
SECTION 45. IC 16-41-43-3.5, AS AMENDED BY P.L.114-2020,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3.5. Injectable Epinephrine that is filled and used
in accordance with this chapter must have an expiration date of not less
than twelve (12) months from the date that the pharmacy dispenses the
injectable epinephrine to the entity or person, as applicable.
SECTION 46. IC 16-41-43-4, AS ADDED BY P.L.59-2015,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) A nurse employed by an entity may
administer auto-injectable epinephrine obtained under section 3 of this
chapter to any of the following individuals if the individual is
demonstrating signs or symptoms of life threatening anaphylaxis and
the individual does not have epinephrine at the entity or the individual's
prescription is not available:
(1) Employees or agents of the entity.
(2) Visitors at the entity.
(b) An entity's employees and agents may administer auto-injectable
epinephrine obtained under section 3 of this chapter if the following are
met:
(1) The entity employee or agent has voluntarily received training
in:
(A) recognizing anaphylaxis; and
(B) the proper administration of auto-injectable epinephrine;
by a health care provider who is licensed or certified in Indiana,
for whom the administration of auto-injectable epinephrine is
within the health care provider's scope of practice, who has
received training in the administration of auto-injectable
epinephrine, and who is knowledgeable in recognizing the
symptoms of anaphylaxis and the administration of
auto-injectable epinephrine.
(2) The individual to whom the epinephrine is being administered
is:
(A) an employee or agent of the entity; or
(B) a visitor at the entity.
SECTION 47. IC 16-41-43-5, AS AMENDED BY P.L.28-2019,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2026]: Sec. 5. (a) A health care provider who is licensed in
Indiana and whose scope of practice includes the prescribing of
medication may write or electronically transmit a prescription, drug
order, or protocol for auto-injectable epinephrine for the entity.
(b) A pharmacist licensed under IC 25-26 may dispense a valid
prescription, drug order, or protocol for auto-injectable epinephrine
issued in the name of an entity.
SECTION 48. IC 16-41-43-5.5, AS ADDED BY P.L.114-2020,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5.5. (a) This chapter does not apply to a person
who is eligible for immunity specified in one (1) or more of the
following sections:
(1) Section 6 of this chapter.
(2) IC 20-34-4.5-4.
(3) IC 21-44.5-2-6.
(b) Except as provided in subsection (d), a person who meets all of
the following criteria is not liable for civil damages for any act or
omission related to the administration of auto-injectable epinephrine:
(1) The person has successfully completed a course described in
section 2.5(a) of this chapter before administering auto-injectable
epinephrine to a person.
(2) The person administered the auto-injectable epinephrine in a
manner that was consistent with:
(A) the training provided during the course described in
section 2.5(a) of this chapter; or
(B) the instruction provided to the person by the pharmacist at
the time the auto-injectable epinephrine was dispensed to the
person.
(3) The person reasonably believed that the recipient of the
auto-injectable epinephrine was suffering from anaphylaxis at the
time the auto-injectable epinephrine was administered.
(c) A pharmacist who complies with section 2.3(a) of this chapter
is not liable for civil damages resulting from the administration of
auto-injectable epinephrine.
(d) The immunity described in subsection (b) or (c) does not apply
to any act or omission that constitutes gross negligence or willful and
wanton misconduct.
SECTION 49. IC 16-41-43-6, AS AMENDED BY P.L.28-2019,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) A nurse employed by an entity or an
employee of the entity who administers auto-injectable epinephrine in
accordance with the manufacturer's guidelines and with this chapter is
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not liable for civil damages resulting from the administration of
auto-injectable epinephrine under this chapter unless the act or
omission constitutes gross negligence or willful or wanton misconduct.
(b) A licensed health care provider who:
(1) writes a prescription, drug order, or protocol under this
chapter;
(2) transmits in an electronic format a prescription, drug order, or
protocol for an electronically transmitted prescription under this
chapter; or
(3) provides training to an entity's personnel under this chapter;
is not liable for civil damages resulting from the administration of
auto-injectable epinephrine under this chapter.
SECTION 50. IC 16-42-1-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 6. (a) A manufacturer,
processor, repackager, or wholesale distributor of food, drugs, or
cosmetics who maintains a place of business in Indiana shall file with
the state department, upon forms to be furnished by the state
department, a written statement of the name and address of the owner,
the character of the business, and the business address of each place of
business in Indiana.
(b) A new place of business for the manufacture, processing,
repacking, or wholesale distribution of food, drugs, or cosmetics may
not be established in Indiana until the place of business has been
registered as provided in this chapter.
(c) If ownership of a registered place of business changes, the new
owner shall reregister the place of business before operating the same.
(d) A manufacturer, processor, repackager, or wholesale
distributor registered under this section shall comply with the
current good manufacturing practice, hazard analysis, and
risk-based preventive controls for human food (21 CFR 117).
(e) The state department may terminate the registration of a
registered manufacturer, processor, repackager, or wholesale
distributor of food, drugs, or cosmetics for a violation of this
section. The state department's termination of a registration under
this subsection is subject to IC 4-21.5.
SECTION 51. IC 16-42-1-13, AS AMENDED BY P.L.101-2018,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 13. (a) For the purpose of enforcing IC 16-42-1
through IC 16-42-4, the state health commissioner or the
commissioner's authorized representative may do the following:
(1) Enter, at reasonable times, any produce farm, factory,
warehouse, place of production, or establishment subject to
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IC 16-42-1 through IC 16-42-4 or enter any vehicle being used to
transport or hold food, drugs, devices, or cosmetics.
(2) Inspect, at reasonable times, the produce farm, factory,
warehouse, place of production, establishment, or vehicle and all
pertinent equipment, finished and unfinished materials,
containers, labeling, and advertisements.
(3) Enter and inspect, during business hours, the premises of
a manufacturer, processor, repackager, or wholesale
distributor registered under section 6 of this chapter.
(b) A local health department may inspect a manufacturer,
processor, repackager, or wholesale distributor that:
(1) is registered under section 6 of this chapter; and
(2) engages in less than twenty-five percent (25%) of
wholesale business in gross annual food sales in Indiana.
(c) The state department may inspect a manufacturer,
processor, repackager, or wholesale distributor described in
subsection (b) to enforce this article or rules adopted by the state
department.
SECTION 52. IC 16-46-7-10, AS ADDED BY P.L.55-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10. (a) Before July 1, 2019, and on a biennial
basis thereafter, the state department, with the assistance of:
(1) the Indiana minority health coalition;
(2) health care providers that treat individuals with sickle cell
disease;
(3) individuals diagnosed with sickle cell disease; and
(4) representatives of community based organizations that serve
individuals with sickle cell disease;
shall perform a study to determine the prevalence, impact, and needs
of individuals with sickle cell disease and sickle cell trait in Indiana.
(b) The study must include the following:
(1) The prevalence, by geographic location, of individuals
diagnosed with sickle cell disease in Indiana.
(2) The prevalence, by geographic location, of individuals
diagnosed as sickle cell trait carriers in Indiana.
(3) The availability and affordability of screening services in
Indiana for sickle cell trait.
(4) The location and capacity of the following for the treatment of
sickle cell disease and sickle cell trait carriers:
(A) Treatment centers.
(B) Clinics.
(C) Community based social service organizations.
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(D) Medical specialists.
(5) The unmet medical, psychological, and social needs
encountered by individuals in Indiana with sickle cell disease.
(6) The underserved areas of Indiana for the treatment of sickle
cell disease.
(7) Recommendations for actions to address any shortcomings in
Indiana identified under this section.
(c) The state department shall transmit a study performed under this
section in an electronic format under IC 5-14-6 to the general assembly.
make information from a study performed under this section
available on the state department's website.
SECTION 53. IC 16-49-3-3, AS AMENDED BY P.L.56-2023,
SECTION 173, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 3. (a) A local child fatality review
team:
(1) shall review the death of a child whose death incident
occurred in the area served by the local child fatality review team
and may review the death of a child whose death occurred in the
area served by the local child fatality review team if:
(A) the death of the child is:
(i) sudden;
(ii) unexpected;
(iii) unexplained; or
(iv) assessed by the department of child services for alleged
abuse or neglect that resulted in the death of the child; or
(B) the coroner in the area where the death occurred
determines that the cause of the death of the child is:
(i) undetermined; or
(ii) the result of a homicide, suicide, or accident; and
(2) may, at its discretion, review the near fatality of a child whose
incident or injury occurred in the area served by the local child
fatality review team.
(b) In conducting a child fatality review under subsection (a), the
local child fatality review team may review all applicable records and
information related to the death or near fatality of the child, including
the following:
(1) Records held by the:
(A) state department or local health department; and
(B) department of child services.
(2) Medical records.
(3) Law enforcement records.
(4) Autopsy reports.
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(5) Records of the coroner.
(6) Mental health reports.
(7) Emergency medical services and fire department run
reports.
(c) Except as otherwise provided under this article, information and
records acquired by the local child fatality review team in the exercise
of its duties under this chapter are confidential and exempt from
disclosure.
(d) Records, information, documents, and reports acquired or
produced by a local child fatality review team are not:
(1) subject to subpoena or discovery; or
(2) admissible as evidence;
in any judicial or administrative proceeding. Information that is
otherwise discoverable or admissible from original sources is not
immune from discovery or use in any proceeding merely because the
information was presented during proceedings before a local child
fatality review team.
SECTION 54. IC 16-49-4-5, AS AMENDED BY P.L.56-2023,
SECTION 174, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5. (a) Upon request by a local child
fatality review team or the department of child services ombudsman
established by IC 4-13-19-3, the statewide child fatality review
committee shall assist a local child fatality review team or conduct a
review of the death of a child that occurred in Indiana if:
(1) the death of the child is:
(A) sudden;
(B) unexpected;
(C) unexplained; or
(D) assessed by the department of child services for alleged
abuse or neglect that resulted in the death of the child; or
(2) the coroner in the area in which the child's death occurred
determines that the cause of the death of the child is:
(A) undetermined; or
(B) the result of a homicide, suicide, or accident.
(b) In conducting a child fatality review under subsection (a), the
statewide child fatality review committee may review all applicable
records and information related to the death of the child, including the
following:
(1) Records held by the:
(A) state department or local health department; and
(B) department of child services.
(2) Medical records.
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(3) Law enforcement records.
(4) Autopsy reports.
(5) Records of the coroner.
(6) Mental health reports.
(7) Emergency medical services and fire department run
reports.
(c) Subject to IC 34-30-15, if the statewide child fatality review
committee requests records from a hospital, physician, coroner, law
enforcement officer, or mental health professional regarding a death
that the statewide child fatality review committee is investigating, the
hospital, physician, coroner, law enforcement officer, or mental health
professional shall provide the requested records to the statewide child
fatality review committee.
(d) A person who provides records in accordance with subsection
(c) in good faith is not subject to liability in:
(1) a civil;
(2) an administrative;
(3) a disciplinary; or
(4) a criminal;
action that might otherwise be imposed as a result of such disclosure.
(e) Except as otherwise provided in this article, information and
records acquired by the statewide child fatality review committee in the
exercise of its duties under this chapter are confidential and exempt
from disclosure.
(f) Records, information, documents, and reports acquired or
produced by the statewide child fatality review committee are not:
(1) subject to subpoena or discovery; or
(2) admissible as evidence;
in any judicial or administrative proceeding. Information that is
otherwise discoverable or admissible from original sources is not
immune from discovery or use in any proceeding merely because the
information was presented during proceedings before the statewide
child fatality review committee.
SECTION 55. IC 16-49-6-8, AS ADDED BY P.L.31-2019,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. (a) Before July 1 of each year, a local
fetal-infant mortality review team shall submit a report to the state
department that includes the following information:
(1) A summary of the data collected concerning the reviews
conducted by the local fetal-infant mortality review team for the
previous calendar year.
(2) Actions recommended by the local fetal-infant mortality
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review team to improve systems of care and community resources
to reduce fetal deaths and infant deaths in the area served by the
review team.
(3) Solutions proposed for any system inadequacies.
(b) The report described in subsection (a) may not contain
identifying information relating to the deaths reviewed by the local
fetal-infant mortality review team.
(c) Review data concerning a fetal death or an infant death is
confidential and may not be released.
(d) The local fetal-infant mortality review team may provide the
state department with data concerning the reviews of a death under this
chapter, including any records held or maintained by the local
fetal-infant mortality review team.
(e) The state department shall maintain the confidentiality of
any data received under subsection (d).
SECTION 56. IC 16-49.5-2-2, AS ADDED BY P.L.112-2020,
SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) A SOFR team shall do the following:
(1) Identify similarities, trends, and factual patterns concerning
suicides and overdose fatalities in the area served by the SOFR
team.
(2) Identify reasons for any higher minority suicide and overdose
fatality rate in the area served by the SOFR team.
(3) Create strategies and make recommendations for the
prevention and reduction of suicides and overdose fatalities,
including minority suicides and overdose fatalities, in the area
served by the SOFR team.
(b) A SOFR team may do any of the following:
(1) Determine factors contributing to suicides and overdose
fatalities.
(2) Identify public health and clinical interventions to improve
systems of care and enhance coordination.
(3) Develop strategies for the prevention of suicides and overdose
fatalities.
(4) Provide the state department with records held or
maintained by the SOFR team.
(c) The state department shall maintain the confidentiality of
any data received under subsection (b).
SECTION 57. IC 16-50-1-9, AS AMENDED BY THE
TECHNICAL CORRECTIONS BILL OF THE 2026 GENERAL
ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 9. (a) The statewide maternal mortality review
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committee, through the state department, shall before July 1 of each
year, submit a report to the state department that includes make
maternal mortality information available on the state department's
website, including the following information:
(1) A summary of the data collected regarding the reviews
conducted by the statewide maternal mortality review committee.
(2) Actions recommended by the statewide maternal mortality
review committee to improve systems of care and enhance
coordination to reduce maternal morbidity and maternal mortality
in Indiana.
(3) Legislative recommendations for consideration by the general
assembly.
(b) A report released Information made available under this
section must not contain identifying information relating to the deaths
reviewed by the statewide maternal mortality review committee.
(c) The state department shall make a report prepared under this
section available to public inspection and post the report on the state
department's website.
SECTION 58. IC 21-44-5-19 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 19. (a) As used in this section,
"medical school" means a postsecondary educational institution
that:
(1) operates in Indiana; and
(2) offers a health education program leading to a graduate or
postgraduate degree in medicine.
(b) Not later than July 1, 2030, a medical school shall do the
following:
(1) Include nutrition education as part of the medical school's
curriculum.
(2) Require a medical student to complete a rural health
rotation.
SECTION 59. IC 34-30-2.1-253, AS ADDED BY P.L.105-2022,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 253. IC 16-41-43-2.3 (Concerning a statewide
standing order issued by the state health commissioner for dispensing
auto-injectable epinephrine).
SECTION 60. IC 34-30-2.1-254, AS ADDED BY P.L.105-2022,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 254. IC 16-41-43-5.5 (Concerning the
administration of auto-injectable epinephrine by laypersons and the
dispensing of auto-injectable epinephrine by pharmacists).
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SECTION 61. IC 34-30-2.1-255, AS ADDED BY P.L.105-2022,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 255. IC 16-41-43-6 (Concerning nurses, an
entity's personnel, and health care providers and the administration of
auto-injectable epinephrine).
SECTION 62. [EFFECTIVE JULY 1, 2026] (a) The following are
void:
(1) 410 IAC 1-3.
(2) 410 IAC 34.
The publisher of the Indiana Administrative Code and Indiana
Register shall remove these rules from the Indiana Administrative
Code.
(b) This SECTION expires July 1, 2027.
SECTION 63. An emergency is declared for this act.
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Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1358 — ConcurEvery fact on this page links to its source, starting with the official bill record.