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Indiana General Assembly· HB 1457Public Law 171

Indiana department of health., the official text

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First Regular Session of the 124th General Assembly (2025)

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 2024 Regular Session of the General Assembly.

  HOUSE ENROLLED ACT No. 1457

   AN ACT to amend the Indiana Code concerning health.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 4-15-10.5-1, AS ADDED BY P.L.205-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) Beginning July 1, 2020, This chapter applies
when an agency is required to assign, appoint, or otherwise make use
of an individual to act in the capacity of an administrative law judge to
preside over administrative proceedings to review a disputed agency
action for the agency.

   (b) Except as provided in subsection (c) (d) and section 2 of this
chapter, this chapter applies to each state agency that has the authority
to employ or engage one (1) or more administrative law judges to
adjudicate contested cases.

   (c) This chapter applies to the Indiana department of health in
matters concerning the involuntary transfer or discharge of a
resident of a health facility.

   (c) (d) This chapter does not apply to an agency that uses a board or
commission to act in the capacity of an administrative law judge to
preside over administrative proceedings, and should not be construed
as limiting an agency's ability to use its board or commission to act in
the capacity of an administrative law judge to preside over
administrative proceedings to review a disputed agency action for the

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agency.
   SECTION 2. IC 16-18-2-377.5 IS ADDED TO THE INDIANA

CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 377.5. "WIC vendor agreement",
for purposes of IC 16-35-1.5, has the meaning set forth in
IC 16-35-1.5-4.5.

   SECTION 3. IC 16-21-2-12.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: 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, except to the extent the guidelines
      conflict with subdivision (3) or (4).
      (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 with subdivision (3) or (4).
      (3) 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) 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

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         (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).
      (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 4. IC 16-27-2-3, AS AMENDED BY P.L.214-2013,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) Except as provided in subsection (c), a
person may not operate a home health agency or a personal services
agency if the person has been convicted of any of the following:
      (1) Rape (IC 35-42-4-1). A sex crime (IC 35-42-4).
      (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
      (3) (2) Exploitation of an endangered adult (IC 35-46-1-12).
      (4) (3) Failure to report battery, neglect, or exploitation of an
      endangered adult (IC 35-46-1-13).
      (5) (4) Theft, conversion, or receiving stolen property
      (IC 35-43-4), if the person's conviction for theft is a:

         (A) felony conviction that occurred less than ten (10) years;
         or
         (B) misdemeanor conviction that occurred less than five (5)
         years;
      before the date of submission by the person of an application for
      licensure as a home health agency under IC 16-27-1 or as a
      personal services agency under IC 16-27-4.
      (5) Identity deception (IC 35-43-5-3.5), if the conviction is a:

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         (A) felony conviction that occurred less than ten (10) years;
         or
         (B) misdemeanor conviction that occurred less than five (5)
         years;
      before the person's employment application date.
      (6) Fraud (IC 35-43-5-4), if the conviction is a:
         (A) felony conviction that occurred less than ten (10) years;
         or
         (B) misdemeanor conviction that occurred less than five (5)
         years;
      before the person's employment application date.
      (7) Murder (IC 35-42-1-1).
      (8) Voluntary manslaughter (IC 35-42-1-3).
      (9) Except as provided in this section, a crime of violence (as
      defined in IC 35-50-1-2), if the person's conviction occurred
      less than ten (10) years before the person's employment
      application date.
      (10) Felony battery within the previous five (5) years.
      (11) A felony offense relating to controlled substances within
      the previous five (5) years.
   (b) A person who knowingly or intentionally violates this section
commits a Class A misdemeanor.
   (c) A person who:
      (1) was operating a home health agency or a personal services
      agency before July 1, 2025; and
      (2) has a misdemeanor conviction under subsection (a)(4)(B)
      or (a)(5)(B);
may continue to operate the home health agency or personal
services agency.
   SECTION 5. IC 16-27-2-5, AS AMENDED BY P.L.142-2020,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) Except as provided in subsection (b),
subsections (c) and (d), a person who operates a home health agency
under IC 16-27-1 or a personal services agency under IC 16-27-4 may
not employ a person to provide services in a patient's or client's
temporary or permanent residence if one (1) or more of the following
conditions exist:
      (1) that The person's national criminal history background check
      or expanded criminal history check indicates that the person has
      been convicted of any of the following:
         (1) (A) Rape (IC 35-42-4-1). A sex crime (IC 35-42-4).
         (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).

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         (3) (B) Exploitation of an endangered adult (IC 35-46-1-12).
         (4) (C) Failure to report battery, neglect, or exploitation of an
         endangered adult (IC 35-46-1-13).
         (5) (D) Theft, conversion, or receiving stolen property
         (IC 35-43-4), if the conviction for theft is a:

            (i) felony conviction that occurred less than ten (10) years;
            or
            (ii) misdemeanor conviction that occurred less than five
            (5) years;
         before the person's employment application date.
         (E) Identity deception (IC 35-43-5-3.5), if the conviction is
         a:
            (i) felony conviction that occurred less than ten (10)
            years; or
            (ii) misdemeanor conviction that occurred less than five
            (5) years;
         before the person's employment application date.
         (F) Fraud (IC 35-43-5-4), if the conviction is a:
            (i) felony conviction that occurred less than ten (10)
            years; or
            (ii) misdemeanor conviction that occurred less than five
            (5) years;
         before the person's employment application date.
         (G) Murder (IC 35-42-1-1).
         (H) Voluntary manslaughter (IC 35-42-1-3).
         (I) Except as provided in this section, a crime of violence
         (as defined in IC 35-50-1-2), if the person's conviction
         occurred less than ten (10) years before the person's
         employment application date.
         (J) Felony battery within the previous five (5) years.
         (K) A felony offense relating to controlled substances
         within the previous five (5) years.
      (2) The person:
         (A) has abused, neglected, or mistreated a patient or
         misappropriated a patient's property; and
         (B) had a finding entered into the state nurse aide registry.
   (b) A person who knowingly or intentionally applies for a job as
a home health aide or other unlicensed employee at:
      (1) a home health agency;
      (2) a health care facility; or
      (3) an entity in the business of contracting to provide home
      health aides or other unlicensed employees for a health care

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      facility;
after a conviction of one (1) or more of the offenses listed in
subsection (a)(1) commits a Class A infraction.

   (b) (c) A home health agency or personal services agency may not
employ a person to provide services in a patient's or client's temporary
or permanent residence for more than twenty-one (21) calendar days
without receipt of that person's national criminal history background
check or expanded criminal history check required by section 4 of this
chapter, unless the state police department, the Federal Bureau of
Investigation under IC 10-13-3-39, or the private agency providing the
expanded criminal history check is responsible for failing to provide
the person's national criminal history background check or expanded
criminal history check to the home health agency or personal services
agency within the time required under this subsection.

   (d) A home health agency or personal services agency may
continue to employ a person to provide services in a patient's or
client's temporary or permanent residence if the person:

      (1) has a misdemeanor conviction under subsection
      (a)(1)(D)(ii) or (a)(1)(E)(ii); and
      (2) was employed by the home health agency or personal
      services agency to provide services described in this
      subsection before July 1, 2025.
   SECTION 6. IC 16-27-2-5.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 5.5. (a) If a home health agency or a personal services
agency has knowledge of a conviction of an employee of the home
health agency or personal services agency that would indicate
unfitness for service as a home health aide, other unlicensed
employee, or other health care professional, the home health
agency or personal services agency shall report the information to
the state nurse aide registry or the appropriate licensing authority.
   (b) The state department shall:
      (1) investigate any report that a home health aide has been
      convicted of a crime described in section 5(a) of this chapter;
      and
      (2) remove the home health aide from the state nurse aide
      registry with an appropriate notation indicating the reason
      the home health aide was removed from the registry,
      providing notice and appeal rights as required by IC 4-21.5.
   SECTION 7. IC 16-28-13-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) A health care
facility or an entity in the business of contracting to provide nurse aides

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or other unlicensed employees for a health care facility may not
knowingly employ a person as a nurse aide or other unlicensed
employee if one (1) or more of the following conditions exist:

      (1) The person has been convicted of any of the following:
         (A) A sex crime (IC 35-42-4).
         (B) Exploitation of an endangered adult (IC 35-46-1-12).
         (C) Failure to report battery, neglect, or exploitation of an
         endangered adult (IC 35-46-1-13).
         (D) A felony offense relating to theft, conversion, or
         receiving stolen property (IC 35-43-4), if the person's
         conviction for theft, conversion, or receiving stolen property
         occurred less than five (5) years before the individual's
         employment application date. except as provided in
         IC 16-27-2-5(a)(5).
         (E) Identity deception (IC 35-43-5-3.5), if the conviction is
         a felony conviction that occurred less than five (5) years
         before the person's employment application date.
         (F) Fraud (IC 35-43-5-4), if the conviction is a felony
         conviction that occurred less than five (5) years before the
         person's employment application date.
         (E) (G) Murder (IC 35-42-1-1).
         (F) (H) Voluntary manslaughter (IC 35-42-1-3).
         (G) Involuntary manslaughter (IC 35-42-1-4) within the
         previous five (5) years. (I) Except as otherwise specified in
         this section, a crime of violence (as defined in
         IC 35-50-1-2), if the person's conviction occurred less than
         ten (10) years before the person's employment application
         date.
         (H) (J) Felony battery within the previous five (5) years.
         (I) (K) A felony offense relating to controlled substances
         within the previous five (5) years.

      (2) The person:
         (A) has abused, neglected, or mistreated a patient or
         misappropriated a patient's property; and
         (B) had a finding entered into the state nurse aide registry
         under IC 25-23-2.

   (b) A person who knowingly or intentionally applies for a job as a
nurse aide or other unlicensed employee at:

      (1) a health care facility; or
      (2) an entity in the business of contracting to provide nurse aides
      or other unlicensed employees for a health care facility;
after a conviction of one (1) or more of the offenses listed in subsection

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(a)(1) commits a Class A infraction.
   SECTION 8. IC 16-28-13-12 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 12. (a) If a health care
facility has knowledge of a conviction of an employee of the health
care facility that would indicate unfitness for service as a nurse aide,
other unlicensed employee, or other health care professional (as
defined by IC 16-27-2-1), the health care facility shall report the
information to the state nurse aide registry or the appropriate licensing
authority.

   (b) The state department shall:
      (1) investigate any report that a nurse aide has been convicted
      of a crime described in section 3(a) of this chapter; and
      (2) remove the nurse aide from the nurse aide registry with an
      appropriate notation indicating the reason the nurse aide was
      removed from the registry, providing notice and appeal rights
      as required by IC 4-21.5.

   SECTION 9. IC 16-35-1.5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. As used in this
chapter, "WIC vendor" means the individual, partnership, limited
partnership, or corporation that has:

      (1) entered into a WIC vendor agreement; and
      (2) been authorized by the state department to accept a food
      instrument and provide supplemental food to a WIC participant.
   SECTION 10. IC 16-35-1.5-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 4.5. As used in this chapter,
"WIC vendor agreement" means an agreement between a WIC
vendor and the WIC program that:
      (1) complies with 7 CFR 246.12; and
      (2) sets forth the requirements the WIC vendor must meet in
      order to redeem WIC food instruments.
   SECTION 11. IC 16-35-1.5-5.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 5.5. (a) The state department
shall select a WIC vendor based on vendor selection criteria set
forth in 7 CFR 246.12.
   (b) The state department shall do the following:
      (1) Review the vendor selection criteria annually.
      (2) Include the vendor selection criteria in the WIC state plan
      in accordance with 7 CFR 246.4(a)(14)(ii).
      (3) Publish the vendor selection criteria on the state
      department's website.

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   SECTION 12. IC 16-35-1.5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 6. The state department
shall adopt rules under IC 4-22-2 specifying a system of civil penalties
and other sanctions for failure to comply with a WIC vendor contract
agreement under the WIC program or federal regulations under 7 CFR
246. The severity of a sanction must be consistent with the type and
frequency of the violation, and may include suspension or termination
from the WIC program and civil penalties.

   SECTION 13. IC 16-37-1-3.1, AS AMENDED BY P.L.56-2023,
SECTION 155, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 3.1. (a) The state department shall
establish the Indiana birth registration system (IBRS) for recording in
an electronic format live births in Indiana.

   (b) The state department shall establish the Indiana death
registration system (IDRS) for recording in an electronic format deaths
in Indiana.

   (c) Submission of records on births and deaths shall be entered by:
      (1) funeral directors;
      (2) physicians;
      (3) coroners;
      (4) medical examiners;
      (5) persons in attendance at birth;
      (6) local health departments; and
      (7) for purposes of records on death:
         (A) physician assistants; or
         (B) advanced practice registered nurses;

using the electronic system created by the state department under this
section.

   (d) A person in attendance at a live birth shall report a birth to the
local health officer in accordance with IC 16-37-2-2.

   (e) Except as provided in subsection subsections (f) and (g), death
records shall be submitted as follows, using the Indiana death
registration system:

      (1) The:
         (A) physician last in attendance upon the deceased;
         (B) physician assistant last in attendance upon the deceased;
         (C) advanced practice registered nurse last in attendance upon
         the deceased; or
         (D) person in charge of interment;

      shall initiate the document process. If the person in charge of
      interment initiates the process, the person in charge of interment
      shall electronically submit the certificate required under

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      IC 16-37-3-5 to the physician, the physician assistant, or the
      advanced practice registered nurse last in attendance upon the
      deceased not later than five (5) days after the death.
      (2) The physician, the physician assistant, or the advanced
      practice registered nurse last in attendance upon the deceased
      shall electronically certify to the local health department the cause
      of death on the certificate of death not later than five (5) days
      after:

         (A) initiating the document process; or
         (B) receiving under IC 16-37-3-5 the electronic notification
         from the person in charge of interment.
      (3) The local health officer shall submit the reports required under
      IC 16-37-1-5 to the state department not later than five (5) days
      after electronically receiving under IC 16-37-3-5 the completed
      certificate of death from the physician, the physician assistant, or
      the advanced practice registered nurse last in attendance.
   (f) If the IBRS or IDRS is unavailable for more than forty-eight (48)
hours, the state registrar may issue a notice permitting the filing of a
paper record of a live birth, a death, or both, subject to the following:
      (1) The notice issued by the state registrar must contain a time
      frame for which the notice is in effect and when the notice
      expires. However, the notice automatically expires if the state
      department notifies the local health officers that the IBRS or
      IDRS is available, the notice has expired, and that all future
      submissions must use the IBRS or IDRS.
      (2) Paper records may not be accepted by the local health
      department or the state department on the earlier of the following:
         (A) The expiration date listed in the notice or the expiration
         listed in a renewal notice described in subdivision (3).
         (B) The state department notifies the local health officers
         when the IBRS or IDRS becomes available.
      (3) The notice may be renewed by the state registrar until the
      IBRS or IDRS becomes available.
      (4) Once the IBRS or IDRS becomes available, the local health
      officer shall enter the information contained in the paper record
      into the IBRS or IDRS.
   (g) This subsection applies to the submission of a death record
of a stillbirth. The:
      (1) physician last in attendance upon the deceased;
      (2) physician assistant last in attendance upon the deceased;
      or
      (3) advanced practice registered nurse last in attendance upon

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      the deceased;
shall initiate the document process unless the physician, physician
assistant, or advanced practice registered nurse was not present
upon the deceased.

   SECTION 14. IC 16-39-2-6, AS AMENDED BY P.L.137-2021,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) Without the consent of the patient, the
patient's mental health record may only be disclosed as follows:

      (1) To individuals who meet the following conditions:
         (A) Are employed by:
            (i) the provider at the same facility or agency;
            (ii) a managed care provider (as defined in IC 12-7-2-127);
            or
            (iii) a health care provider or mental health care provider, if
            the mental health records are needed to provide health care
            or mental health services to the patient.
         (B) Are involved in the planning, provision, and monitoring of
         services.

      (2) To the extent necessary to obtain payment for services
      rendered or other benefits to which the patient may be entitled, as
      provided in IC 16-39-5-3.
      (3) To the patient's court appointed counsel and to the Indiana
      protection and advocacy services commission.
      (4) For research conducted in accordance with IC 16-39-5-3 and
      the rules of the division of mental health and addiction, the rules
      of the division of disability and rehabilitative services, the rules
      of the provider, or the rules of the Indiana archives and records
      administration and the oversight committee on public records.
      (5) To the division of mental health and addiction for the purpose
      of data collection, research, and monitoring managed care
      providers (as defined in IC 12-7-2-127) who are operating under
      a contract with the division of mental health and addiction.
      (6) To the extent necessary to make reports or give testimony
      required by the statutes pertaining to admissions, transfers,
      discharges, and guardianship proceedings.
      (7) To a law enforcement agency if any of the following
      conditions are met:

         (A) A patient escapes from a facility to which the patient is
         committed under IC 12-26.
         (B) The superintendent of the facility determines that failure
         to provide the information may result in bodily harm to the
         patient or another individual.

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         (C) A patient commits or threatens to commit a crime on
         facility premises or against facility personnel.
         (D) A patient is in the custody of a law enforcement officer or
         agency for any reason and:

            (i) the information to be released is limited to medications
            currently prescribed for the patient or to the patient's history
            of adverse medication reactions; and
            (ii) the provider determines that the release of the
            medication information will assist in protecting the health,
            safety, or welfare of the patient.
         Mental health records released under this clause must be
         maintained in confidence by the law enforcement agency
         receiving them.
      (8) To a coroner or medical examiner, in the performance of the
      individual's duties.
      (9) To a school in which the patient is enrolled if the
      superintendent of the facility determines that the information will
      assist the school in meeting educational needs of the patient.
      (10) To the extent necessary to satisfy reporting requirements
      under the following statutes:
         (A) IC 12-10-3-10.
         (B) IC 12-24-17-5.
         (C) IC 16-41-2-3.
         (D) IC 16-49-3-3.
         (E) IC 16-49-4-5.
         (F) IC 16-49-6-6.
         (G) IC 16-49.5-2-6.
         (D) (H) IC 16-50-1-8.
         (E) (I) IC 31-25-3-2.
         (F) (J) IC 31-33-5-4.
         (G) (K) IC 34-30-16-2.
         (H) (L) IC 35-46-1-13.
      (11) To the extent necessary to satisfy release of information
      requirements under the following statutes:
         (A) IC 12-24-11-2.
         (B) IC 12-24-12-3, IC 12-24-12-4, and IC 12-24-12-6.
         (C) IC 12-26-11.
      (12) To another health care provider in a health care emergency.
      (13) For legitimate business purposes as described in
      IC 16-39-5-3.
      (14) Under a court order under IC 16-39-3.
      (15) With respect to records from a mental health or

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      developmental disability facility, to the United States Secret
      Service if the following conditions are met:

         (A) The request does not apply to alcohol or drug abuse
         records described in 42 U.S.C. 290dd-2 unless authorized by
         a court order under 42 U.S.C. 290dd-2(b)(2)(c).
         (B) The request relates to the United States Secret Service's
         protective responsibility and investigative authority under 18
         U.S.C. 3056, 18 U.S.C. 871, or 18 U.S.C. 879.
         (C) The request specifies an individual patient.
         (D) The director or superintendent of the facility determines
         that disclosure of the mental health record may be necessary
         to protect a person under the protection of the United States
         Secret Service from serious bodily injury or death.
         (E) The United States Secret Service agrees to only use the
         mental health record information for investigative purposes
         and not disclose the information publicly.
         (F) The mental health record information disclosed to the
         United States Secret Service includes only:

            (i) the patient's name, age, and address;
            (ii) the date of the patient's admission to or discharge from
            the facility; and
            (iii) any information that indicates whether or not the patient
            has a history of violence or presents a danger to the person
            under protection.
      (16) To the statewide waiver ombudsman established under
      IC 12-11-13, in the performance of the ombudsman's duties.
   (b) If a licensed mental health professional, a licensed paramedic,
a representative of a mobile integrated healthcare program (as
described in IC 16-31-12), or a representative of a mental health
community paramedicine program in the course of rendering a
treatment intervention, determines that a patient may be a harm to
himself or herself or others, the licensed mental health professional, the
licensed paramedic, the representative of the mobile integrated
healthcare program (as described in IC 16-31-12), or the representative
of the mental health community paramedicine program may request a
patient's individualized mental health safety plan from a psychiatric
crisis center, psychiatric inpatient unit, or psychiatric residential
treatment provider. Each psychiatric crisis center, psychiatric inpatient
unit, and psychiatric residential treatment provider shall, upon request
and without the consent of the patient, share a patient's individualized
mental health safety plan that is in the standard format established by
the division of mental health and addiction under IC 12-21-5-6 with the

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following individuals who demonstrate proof of licensure and commit
to protecting the information in compliance with state and federal
privacy laws:

      (1) A licensed mental health professional.
      (2) A licensed paramedic.
      (3) A representative of a mobile integrated healthcare program (as
      described in IC 16-31-12).
      (4) A representative of a mental health community paramedicine
      program.
An individualized mental health safety plan disclosed under this
subsection may be used only to support a patient's welfare and safety
and is considered otherwise confidential information under applicable
state and federal laws.
   (c) After information is disclosed under subsection (a)(15) and if the
patient is evaluated to be dangerous, the records shall be interpreted in
consultation with a licensed mental health professional on the staff of
the United States Secret Service.
   (d) A person who discloses information under subsection (a)(7),
(a)(15), or (b) in good faith is immune from civil and criminal liability.
   SECTION 15. IC 16-41-43-2.5, AS AMENDED BY P.L.93-2024,
SECTION 135, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 2.5. (a) The state department shall
approve courses concerning allergies and the administration of
auto-injectable epinephrine that are offered by an approved
organization (as defined in IC 25-1-4-0.2). 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 certification of an organization that fails to comply
      with any certification prerequisite 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. The state department may contract with a third party for the
purpose of creating or manufacturing the certificate of completion,
which must meet the requirements set forth in subsection (d).
   (d) A certificate of completion issued under subsection (c) must:

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                                   15

      (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 16. IC 16-49-4-2, AS ADDED BY P.L.119-2013,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. The statewide child fatality review committee
consists of the following members appointed by the governor:
      (1) A coroner or deputy coroner.
      (2) A representative from the state department who:
         (A) is a licensed physician; and or
         (B) specializes in injury prevention.
      (3) A representative of a:
         (A) local health department established under IC 16-20-2; or
         (B) multiple county health department established under
         IC 16-20-3.
      (4) A pediatrician.
      (5) A representative of law enforcement who has experience in
      investigating child deaths.
      (6) A representative from an emergency medical services
      provider.
      (7) The director or a representative of the department of child
      services.
      (8) A representative of a prosecuting attorney who has experience
      in prosecuting child abuse.
      (9) A pathologist who is:
         (A) certified by the American Board of Pathology in forensic
         pathology; and
         (B) licensed to practice medicine in Indiana.
      (10) A mental health provider.
      (11) A representative of a child abuse prevention program.
      (12) A representative of the department of education.
      (13) An epidemiologist.
      (14) The state child fatality review coordinator.

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      (15) At the discretion of the department of child services
      ombudsman, a representative of the office of the department of
      child services ombudsman established by IC 4-13-19-3.
   SECTION 17. IC 16-50-1-12 IS REPEALED [EFFECTIVE JULY
1, 2025]. Sec. 12. This article expires June 30, 2027.

HEA 1457 — Concur
Speaker of the House of Representatives

President of the Senate

President Pro Tempore

Governor of the State of Indiana

Date:                             Time:

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Every fact on this page links to its source, starting with the official bill record.