Bills move to the second house, as marriage bill
draws public attention
The 2014 General Assembly has reached the final week of committee hearings with a flurry of activity by both
Senate and House committees. More than 100 bills were scheduled for hearings and considered for passage to
the House or Senate floor during the week of Jan. 27. In both houses, the deadline for bills to move to the
second house is Feb. 3.
The House of Representatives captured much attention this week as lawmakers moved HJR-3 regarding the
definition of marriage on to the Senate. Following a vote of 57 to 40, the amended measure will now be
considered in the Senate where Republicans have a 37 to 13 supermajority
SCOPE OF PRACTICE
SB 233 – Pharmacy Technicians
AUTHOR: Sen. Ron Grooms, R-Jeffersonville
IOA POSITION: Support
STATUS: Second reading
ACTIVITY: After SB 244-Health Care Professional Registry was stripped of its language, the licensure language
pertaining to anesthesiologist assistants was added to SB 233.
WHAT THIS MEANS FOR YOU: This bill changes pharmacy technician certification to licensure. It adds the
requirement for a high school diploma, high school equivalency certificate, or state general educational
development to pharmacy technician licensure. It also specifies education and training requirements and
requires passage of a specified certification examination beginning July 1, 2015. Finally, it specifies that
individuals with certificates who are in good standing will be considered to have licensure.
SB 244 – Health Care Professional Registry
AUTHOR: Sen. Patricia Miller, R-Indianapolis
IOA POSITION: Support
STATUS: Second reading
ACTIVITY: The bill was stripped and amended. It now calls for the Indiana Professional Licensing Agency to
answer questions regarding implementation and feasibility of the language in the bill by October 2014. SB 244
no longer contains language that refers to licensure for anesthesiologist assistants.
WHAT THIS MEANS FOR YOU: The bill requires the Indiana Professional Licensing Agency to create and
maintain a registry for health care professionals who meet certain qualifications. This is a new approach to
recognize professionals in Indiana who don’t currently practice under licensing, certification or title protection.
The new registration would be based upon Centers for Medicare & Medicaid Services reimbursement
regulations.
HB 1114 – Legend Drug Prescriptions by Optometrists
AUTHOR: Rep. Steve Davisson, R-Salem
SPONSOR: Sen. Ron Grooms, R-Jeffersonville
IOA POSITION: Oppose
STATUS: Passed to Senate
ACTIVITY: On third reading, the bill passed by a vote of 85-8.
WHAT THIS MEANS FOR YOU: HB 1114
would allow optometrists certified by the Indiana Optometry Board to administer, dispense and prescribe
certain narcotic drugs, codeine with compounds, and hydrocodone with compounds. Currently, optometrists
are not permitted to prescribe controlled substances.
SB 145 – Physical Examinations by Nurse Practitioners
AUTHOR: Sen. Michael Crider, R-Greenfield
IOA POSITION: Oppose
STATUS: Assigned to the Senate Health and Provider Services Committee
ACTIVITY: After multiple discussions with Sen. Crider and Sen. Patricia Miller, R-Indianapolis, committee chair,
about concerns with SB 145, the bill was not heard in committee.
WHAT THIS MEANS FOR YOU: SB 145 provides that a school corporation may participate in an interscholastic
athletics association only if the association requires a student obtain a physical examination to participate in an
athletic event. The physical evaluation may be administered by either a physician or an advanced practice
nurse. The bill also provides that the physical examination required for a school bus driver may be conducted
by an advanced practice nurse.
LEGAL
HB 1139 – Selling Hearing Aids
AUTHOR: B. Patrick Bauer, D-South Bend
IOA POSITION: Support
STATUS: Third reading
ACTIVITY: The bill was amended in committee to include language from HB 1337 Hearing Aid Study offered by
Rep Tim Brown, R-Crawfordsville, chair of the Ways and Means Committee. The bill passed out of committee
unanimously and is up for third reading.
WHAT THIS MEANS FOR YOU: HB 1139 originated with an ISMA resolution authored by Scott Sanders, M.D.
The bill provides that a person may not sell, lease or rent a hearing aid in Indiana unless it has been fitted and
adjusted by a hearing aid dealer or an audiologist. It exempts certain persons who issue a prescription or order
for a hearing aid from the requirement and provides a penalty for violations.
HB 1258 – Distance Treatment by Physicians
AUTHOR: Rep. Shackleford, D-Indianapolis
SPONSOR: Sen. Patricia Miller, R-Indianapolis
IOA POSITION: Support
STATUS: Referred to Senate
ACTIVITY: On third reading, passed by a vote of 82-1.
WHAT THIS MEANS FOR YOU: SB 1258 requires the Medical Licensing Board of Indiana to adopt emergency
rules to establish: (1) a pilot program to allow treatment, including issuing a prescription for a non-controlled
substance, without the establishment of an in-person patient/physician relationship; and (2) standards and
procedures for physicians
in the pilot program.
SB 50 – Minors and Tanning Devices
AUTHOR: Sen. Patricia Miller, R-Indianapolis
SPONSOR: Rep. Dennis Zent, R-Angola
IOA POSITION: Support
STATUS: Referred to House
ACTIVITY: The bill passed the Senate by a vote of 30 to 17. It is now eligible for hearing in the House.
WHAT THIS MEANS FOR YOU: This bill prohibits a person younger than 16 years of age from using a tanning
device in a tanning facility. It repeals a provision requiring a person less than 16 years of age be accompanied
by a parent or guardian when using a tanning device in a facility. Also, it requires the Indiana State
Department of Health to adopt standards concerning use of tanning devices by individuals.
SB 245 – Schools and Auto-Injectable Epinephrine
AUTHOR: Sen. Pat Miller, R-Indianapolis
SPONSOR: Rep. Dennis Zent, R-Angola
IOA POSITION: Support
STATUS: Referred to House
ACTIVITY: The bill passed the Senate by a vote of 49 to 0.
WHAT THIS MEANS FOR YOU: SB 245 allows a health care provider with prescriptive authority to prescribe
auto-injectable epinephrine to a school or school district. It sets requirements for certain individuals employed
by a school or school district to fill, store and administer auto-injectable epinephrine. It also provides civil
immunity for: (1) certain school employees in the administration of auto-injectable epinephrine; and (2) health
care providers in the prescribing of auto-injectable epinephrine and in the training of school personnel in the
administration of auto-injectable epinephrine.
PHARMACY
SB 285 – Insulin and Tramadol
AUTHOR: Sen. Ron Grooms, R-Jeffersonville
SPONSOR: Rep. Steve Davisson, R-Salem
IOA POSITION: Support
STATUS: Referred to House
ACTIVITY: This bill passed the Senate by a vote of 49 to 0 and is now eligible for a hearing in the House.
WHAT THIS MEANS FOR YOU: This measure adds insulin to the definition of “legend drug”. It provides that
insulin may be available for retail sale by a pharmacy only to an individual who possesses a prescription from
certain practitioners. Also, it designates tramadol (Ultram) as a schedule III controlled substance.
SB 346 – Medication Therapy Management and Medicaid
AUTHOR: Sen. Ron Grooms, R-Jeffersonville
IOA POSITION: Oppose
STATUS: Assigned to the Senate Health and Provider Services Committee
ACTIVITY: This bill was scheduled for a hearing but was pulled from the calendar. It will not pass prior to the
deadline.
WHAT THIS MEANS FOR YOU: SB 346 would have allowed for pharmacist reimbursement for medication
therapy management services provided to certain Medicaid recipients beginning July 1, 2015. It would set forth
requirements that a pharmacist must meet in order to receive Medicaid reimbursement for medication therapy
management services. In addition, the bill would have required the secretary of the Family and Social Services
Administration (FSSA) to establish a medication therapy management advisory committee. It would have
required the FSSA secretary to determine any Medicaid cost savings and improvement
in quality of patient care from providing these services.
Indiana’s not alone in its scrutiny of tramadol
In 2013, the Drug Enforcement Administration (DEA) published a “long anticipated” proposed rule to make
tramadol (Ultram) a schedule IV drug. The DEA officially refers to 2–(diemthylamino) methyl)-1-(3methyloxyphenyl) cyclohexanol), and its salts, isomers, salts of isomers, and all isometric configurations of
possible forms – including tramadol. The agency noted that when introduced in 1995, the drug was not
scheduled because of its expected low potential for abuse and weak narcotic effect.
However, now at least 10 states list tramadol as a controlled substance. Find more about the DEA ’ s position and
actions at www.ismanet.org/go/FDA13014.