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New laws include those that started with one physician’s concern
e-Reports, June 30, 2014
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The ISMA is a member-driven organization. That fact will become apparent as you read over some of the new laws passed by the 2014 Indiana General Assembly that become effective July 1. These laws were passed from the 813 bills introduced in this year’s session.

You’ll see that resolutions adopted by the ISMA House of Delegates often become bills that physician-friendly legislators introduce at the Statehouse. Then, with support from ISMA leaders, members and staff, your resolutions – on issues of concern to you – start the process to become Indiana law.

Any member of the ISMA may submit a resolution for the 2014 House of Delegates; the deadline is July 7. Learn more about the resolution process on the ISMA website or call the ISMA.

Here are new laws now set to take effect.

HB 1139 – Sale of Hearing Aids
This new law provides a good example of how your resolutions to the ISMA House of Delegates can become policy and direct the association’s legislative efforts. This statute prohibits a person from selling, leasing or renting a hearing aid in Indiana unless the device has been ordered or prescribed by a physician, or fitted by a hearing aid dealer or audiologist.

HB 1218 – Insulin Sales
The issue of insulin sales offers another example of a resolution that became ISMA policy – and then law. The new law prohibits the sale of all insulin products without a prescription.

HB 1360 – Addiction Treatment and Services
Supported by the ISMA, this statute adds psychiatrists pursuing fellowship training and certification in addiction psychiatry to a list of persons eligible for the loan forgiveness program. It provides that a psychiatrist pursuing fellowship training and certification in addiction psychiatry may receive loan forgiveness grants for no more than five years. Also, it requires the appropriate board give consideration to annually funding two psychiatrists pursuing fellowship training and certification in addiction psychiatry.

SB 50 – Minors and Tanning Devices
This law was an ISMA resolution and bill during the past legislative session. It prohibits a person under age 16 from using a tanning device in a facility.

SB 56 – Medical Malpractice Patient’s Compensation Fund
The ISMA supported this bill as it requires claims for payment from the Patient’s Compensation Fund to be computed and paid every three months instead of every six months. Note that the law increases frequency of payouts, but not amounts.

SB 139 – Health Matters
This measure amends the definition of “attendant care services” to include providing assistance for taking of medications, including controlled substances and prescription drugs.

SB 222 – High School Student Athlete Concussions
The ISMA supported this bill, the first of its kind in the country, providing that a high school student athlete removed from play because of a suspected concussion or head injury may not return to play until at least 24 hours have passed. Beginning

July 1, 2014, the bill requires football coaches and assistant football coaches who are coaching individuals less than 20 years of age to complete a course in player safety and concussions at least once during a two-year period.

SB 233 – Anesthesiologist Assistants
Supported by the ISMA, this measure originally dealt only with changes to licenses for pharmacy technicians. The bill was later amended to also pertain to licensure of anesthesiologist assistants, adding another member to the anesthesia care team. Anesthesiologist assistants must be supervised at all times by an anesthesiologist.

SB 245 – Schools and Auto-Injectable Epinephrine
Beginning as an ISMA resolution, this new law allows a health care provider with prescriptive authority to prescribe auto-injectable epinephrine to a school or school district. It also sets requirements for certain individuals employed by a school or school district to fill, store and administer auto-injectable epinephrine.

SB 282 – Biosimilar Drugs
This law allows a pharmacist to substitute an interchangeable biosimilar product for a prescribed biological product if certain conditions are met and the prescriber is notified within 10 days. It requires the Indiana Board of Pharmacy to adopt rules and to maintain an Internet website listing biosimilar biological products determined to be interchangeable. Also, it provides that a written or electronic prescription for a biological product must comply with existing prescription form requirements.

SB 294 – Worker’s Compensation
The ISMA opposed this bill; however, main provisions concerning the ISMA were amended out before passage. As passed, the measure changes the worker’s compensation law by providing that:

  • A medical service provider may not be reimbursed for more than one office visit for each repackaged legend drug prescribed.
  • The maximum period for reimbursing a medical service provider for a repackaged legend drug begins on date of the injury or disablement and ends at the beginning of the eighth day after date of the injury or disablement.
  • A medical service provider is distinguished from a medical service facility based on the provider’s billing form for Medicare reimbursement.
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