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The ISMA reminds you of new laws affecting you and your patients
e-Reports, July 12, 2010
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On July 1, 115 new state laws took effect. Of those new statutes, a few addressed the practice of medicine. Here is a review of those laws.

SEA 356 – Professional Licensing

This new law encompasses several issues, including:

  1. Abandoned Medical Records – The state attorney general now has the authority to seize and secure abandoned patient medical records, and destroy them or return them to their owners. The provision also creates a health records and personal identifying information protection trust fund to pay for costs associated with securing and maintaining the records.
  2. INSPECT – The Indiana Scheduled Prescription Electronic Collection and Tracking program must include information on a controlled substance recipient’s method of payment for the controlled substance dispensed. It allows INSPECT information to be released to: (A) the state toxicologist; (B) the Medicaid retrospective and prospective Drug Utilization Review program; and (C) a substance abuse assistance program for certain licensed health care providers. It provides criminal and civil immunity for a practitioner who in good faith provides information to a law enforcement agency based on a report from INSPECT. It also requires certain boards to establish prescribing norms and dispensing guidelines for the unsolicited dissemination of INSPECT exception reports to certain persons. It repeals laws concerning the certification of environmental health specialists and licensure of hypnotists and requires the health finance commission to study paramedic licensure.
  3. Background checks – Home health and personal services agencies may use a private agency to check any criminal history of employees. The measure removes the July 1, 2010, expiration date that allows limited criminal histories to be used for employees of home health agencies and personal services agencies.

HEA 3120 – Ephedrine and medication substitutions

Retailers are now prohibited from selling, and a purchaser from purchasing, more than 3.6 grams of ephedrine or pseudoephedrine on one day, or nine grams of ephedrine or pseudoephedrine in a 30-day period.

The law also requires retailers that sell drugs containing ephedrine or pseudoephedrine to post signs warning that it is a criminal offense for a person to purchase drugs containing more than certain quantities of ephedrine or pseudoephedrine.

It requires a legislative study committee council to examine: (1) certain issues related to methamphetamines; and (2) notification to a patient’s physician of changes in manufacturers of certain prescription medicines.

HEA 1116 – Worker’s Compensation

An employer or employer’s insurance carrier may not delay the provision of emergency medical care for worker’s compensation injuries or occupational disease disablements whenever emergency medical care is considered necessary in the professional judgment of the attending health care facility physician.

SEA 71 – Involuntary manslaughter and pregnancy

A person can now be charged with involuntary manslaughter if that person causes the death of a fetus while committing or attempting to commit a violation of operating a vehicle while intoxicated.

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