IN HB1246 | 2019 | Regular Session

Status

Completed Legislative Action
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: Passed on May 5 2019 - 100% progression
Action: 2019-05-05 - Public Law 246
Text: Latest bill text (Enrolled) [PDF]

Summary

Health matters. Establishes distribution parameters for certain money appropriated to the first steps program. Permits the office of the secretary of family and social services to apply for a state plan amendment requiring Medicaid reimbursement for rehabilitation option services in a school setting. Requires implementation within one year of approval. Amends the definition of "employee" to remove exclusion of employees who are covered by an employee assistance program. Specifies that all the requirements for the employee assistance program must be met to be compliant. Requires the executive board of the state department of health to amend rules to reflect current private publications used in hospital licensure rules. Requires a home health agency to randomly test: (1) at least 50% of certain home health agency's employees; and (2) employees suspected of illegal use of a controlled substance. (Current law does not require testing of both groups of employees.) Allows the board of pharmacy to approve a remote or mobile location for a nonresident pharmacy that is registered with the board. Allows a pharmacy that holds a retail permit to offer drugs and devices to a long term care facility, a health facility, and a housing with services establishment. Requires a pharmacy to transfer, upon the request of a patient, certain prescriptions for the patient that the pharmacy has received but not filled to another pharmacy. Provides that, beginning January 1, 2020, a pharmacy may not dispense injectable epinephrine or glucagon that has an expiration date of less than 12 months from the date that the pharmacy dispenses the injectable epinephrine or glucagon to a person unless the person consents to the expiration date being less than 12 months. Provides that an automated dispensing system that meets certain requirements may be operated in a location other than through a registered remote dispensing facility. Allows a qualifying pharmacist who is absent to have a designee in the pharmacist's place at a remote dispensing facility. Allows the board of pharmacy to establish continuing education rules for pharmacy technicians who are at a remote dispensing facility that is not staffed by a pharmacist. Provides that auditory communication must be available, as needed, with the remote dispensing facility and the qualifying pharmacist. Requires the board to adopt emergency rules concerning automated dispensing systems. Provides that the term "wholesale distribution", for purposes of the wholesale legend drug distributor laws, does not include the sale or transfer of a drug by a charitable organization to: (1) a nonprofit affiliate of the organization; or (2) a nonprofit entity that is not affiliated with the organization; to the extent permitted by law. Provides that a program to accept unused medication by a business or other entity is not subject to regulation by a city, town, or county. Prohibits a city, town, or county from requiring a business or other entity to pay for or establish a program to accept unused medication. Adds gabapentin to the definition of "controlled substance" for purposes of the Indiana scheduled prescription electronic collection and tracking (INSPECT) program. Provides that the rules of INSPECT that were adopted before its repeal are considered to be adopted under the new INSPECT law. Requires a health plan that denies prior authorization for certain prescription drugs to provide an alternative list of prescription drugs or alternative treatments covered by the health plan. Requires the board of veterinary medical examiners to study the regulation of veterinary technicians.

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Title

Health matters. Establishes distribution parameters for certain money appropriated to the first steps program. Permits the office of the secretary of family and social services to apply for a state plan amendment requiring Medicaid reimbursement for rehabilitation option services in a school setting. Requires implementation within one year of approval. Amends the definition of "employee" to remove exclusion of employees who are covered by an employee assistance program. Specifies that all the requirements for the employee assistance program must be met to be compliant. Requires the executive board of the state department of health to amend rules to reflect current private publications used in hospital licensure rules. Requires a home health agency to randomly test: (1) at least 50% of certain home health agency's employees; and (2) employees suspected of illegal use of a controlled substance. (Current law does not require testing of both groups of employees.) Allows the board of pharmacy to approve a remote or mobile location for a nonresident pharmacy that is registered with the board. Allows a pharmacy that holds a retail permit to offer drugs and devices to a long term care facility, a health facility, and a housing with services establishment. Requires a pharmacy to transfer, upon the request of a patient, certain prescriptions for the patient that the pharmacy has received but not filled to another pharmacy. Provides that, beginning January 1, 2020, a pharmacy may not dispense injectable epinephrine or glucagon that has an expiration date of less than 12 months from the date that the pharmacy dispenses the injectable epinephrine or glucagon to a person unless the person consents to the expiration date being less than 12 months. Provides that an automated dispensing system that meets certain requirements may be operated in a location other than through a registered remote dispensing facility. Allows a qualifying pharmacist who is absent to have a designee in the pharmacist's place at a remote dispensing facility. Allows the board of pharmacy to establish continuing education rules for pharmacy technicians who are at a remote dispensing facility that is not staffed by a pharmacist. Provides that auditory communication must be available, as needed, with the remote dispensing facility and the qualifying pharmacist. Requires the board to adopt emergency rules concerning automated dispensing systems. Provides that the term "wholesale distribution", for purposes of the wholesale legend drug distributor laws, does not include the sale or transfer of a drug by a charitable organization to: (1) a nonprofit affiliate of the organization; or (2) a nonprofit entity that is not affiliated with the organization; to the extent permitted by law. Provides that a program to accept unused medication by a business or other entity is not subject to regulation by a city, town, or county. Prohibits a city, town, or county from requiring a business or other entity to pay for or establish a program to accept unused medication. Adds gabapentin to the definition of "controlled substance" for purposes of the Indiana scheduled prescription electronic collection and tracking (INSPECT) program. Provides that the rules of INSPECT that were adopted before its repeal are considered to be adopted under the new INSPECT law. Requires a health plan that denies prior authorization for certain prescription drugs to provide an alternative list of prescription drugs or alternative treatments covered by the health plan. Requires the board of veterinary medical examiners to study the regulation of veterinary technicians.

Sponsors


Roll Calls

2019-04-24 - House - House - Rules Suspended. Conference Committee Report 1 (Y: 85 N: 9 NV: 1 Abs: 5) [PASS]
2019-04-24 - Senate - Senate - Rules Suspended. Conference Committee Report 1 (Y: 49 N: 0 NV: 0 Abs: 1) [PASS]
2019-04-11 - Senate - Senate - Third reading (Y: 48 N: 0 NV: 0 Abs: 2) [PASS]
2019-03-27 - Senate - Senate - Committee Vote (Y: 8 N: 0 NV: 0 Abs: 0) [PASS]
2019-01-28 - House - Third reading (Y: 96 N: 2 NV: 0 Abs: 2) [PASS]
2019-01-24 - House - Amendment #2 (Moed) prevailed (Y: 74 N: 23 NV: 1 Abs: 2) [PASS]
2019-01-24 - House - Amendment #1 (Moed) failed (Y: 30 N: 65 NV: 3 Abs: 2) [FAIL]
2019-01-16 - House - House - Committee Vote (Y: 13 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2019-05-05HousePublic Law 246
2019-05-05HouseSigned by the Governor
2019-04-30SenateSigned by the President of the Senate
2019-04-29SenateSigned by the President Pro Tempore
2019-04-29HouseSigned by the Speaker
2019-04-24SenateRules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 621: yeas 49, nays 0
2019-04-24HouseRules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 649: yeas 85, nays 9
2019-04-24SenateCCR # 1 filed in the Senate
2019-04-24HouseCCR # 1 filed in the House
2019-04-24HouseMotion to concur filed
2019-04-16SenateSenate advisors appointed: Becker and Melton
2019-04-16SenateSenate conferees appointed: Grooms and Breaux
2019-04-16HouseHouse advisors appointed: Carbaugh, Heaton, Hatfield and Moed
2019-04-16HouseHouse conferees appointed: Davisson and Fleming
2019-04-16HouseHouse dissented from Senate amendments
2019-04-15HouseMotion to dissent filed
2019-04-12SenateReturned to the House with amendments
2019-04-11SenateThird reading: passed; Roll Call 440: yeas 48, nays 0
2019-04-09SenateSenator Randolph added as cosponsor
2019-04-09SenateAmendment #3 (Grooms) prevailed; voice vote
2019-04-09SenateAmendment #1 (Grooms) prevailed; voice vote
2019-04-09SenateSecond reading: amended, ordered engrossed
2019-04-01SenateSenator Becker added as second sponsor
2019-03-28SenateCommittee report: amend do pass, adopted
2019-02-27SenateFirst reading: referred to Committee on Health and Provider Services
2019-01-29HouseReferred to the Senate
2019-01-28HouseRepresentative Fleming added as coauthor
2019-01-28HouseSenate sponsor: Senator Grooms
2019-01-28HouseThird reading: passed; Roll Call 50: yeas 96, nays 2
2019-01-24HouseAmendment #2 (Moed) prevailed; Roll Call 28: yeas 74, nays 23
2019-01-24HouseAmendment #1 (Moed) failed; Roll Call 27: yeas 30, nays 65
2019-01-24HouseSecond reading: amended, ordered engrossed
2019-01-22HouseRepresentative Zent added as coauthor
2019-01-17HouseRepresentative Negele added as coauthor
2019-01-17HouseCommittee report: do pass, adopted
2019-01-10HouseFirst reading: referred to Committee on Public Health
2019-01-10HouseAuthored by Representative Davisson

Indiana State Sources

TypeSource
Summaryhttp://iga.in.gov/legislative/2019/bills/house/1246/
Texthttp://iga.in.gov/static-documents/a/b/d/6/abd66d1e/HB1246.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/e/3/4/0/e3406abe/HB1246.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/8/6/c/0/86c07e19/HB1246.02.COMH.pdf
Texthttp://iga.in.gov/static-documents/0/5/2/1/0521246b/HB1246.02.COMH.pdf
Texthttp://iga.in.gov/static-documents/6/0/7/f/607fdc91/HB1246.03.ENGH.pdf
Texthttp://iga.in.gov/static-documents/f/3/3/4/f3344b89/HB1246.03.ENGH.pdf
Texthttp://iga.in.gov/static-documents/e/4/e/b/e4ebbe80/HB1246.04.COMS.pdf
Texthttp://iga.in.gov/static-documents/4/1/a/9/41a909de/HB1246.04.COMS.pdf
Texthttp://iga.in.gov/static-documents/8/3/e/9/83e9ad03/HB1246.05.ENGS.pdf
Texthttp://iga.in.gov/static-documents/d/6/d/d/d6dd4c85/HB1246.05.ENGS.pdf
Texthttp://iga.in.gov/static-documents/9/0/1/5/9015ec12/HB1246.06.ENRS.pdf
Roll Callhttp://iga.in.gov/static-documents/2/a/4/4/2a449a14/HB1246.01.INTR.00.pdf
Roll Callhttp://iga.in.gov/static-documents/9/5/2/0/95206292/HB1246.27.pdf
Roll Callhttp://iga.in.gov/static-documents/d/0/a/f/d0af3c21/HB1246.28.pdf
Roll Callhttp://iga.in.gov/static-documents/7/9/8/b/798b5b7e/HB1246.50.pdf
Roll Callhttp://iga.in.gov/static-documents/6/3/6/b/636b2cf9/HB1246.03.ENGH.00.pdf
Roll Callhttp://iga.in.gov/static-documents/b/b/2/e/bb2e9146/HB1246.440.pdf
Roll Callhttp://iga.in.gov/static-documents/8/b/0/7/8b07c4eb/HB1246.621.pdf
Roll Callhttp://iga.in.gov/static-documents/6/4/0/8/640820b5/HB1246.649.pdf

Bill Comments

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