The Indiana Academy of Family Physicians’ advocacy efforts in 2012 have been successful so far. We have been lucky to see most of the bills we oppose in the General Assembly not make it to the second half of session. At this point it is important to keep vigilant to ensure those pieces of legislation do not come back as later in the session. 

Both the House and the Senate have finished third readings of legislation. Now the House will receive bills from the other Senate (and vice versa) and the process of committee hearings will begin again on February 7th after the Super Bowl recess. Any bill not voted out of its house of origin is considered “dead” at this point however it is procedurally possible that someone try to resurrect it.  Adjournment is still expected by March 14th. 

Below is the breakdown of key health legislation of which Family Physicians should be aware.  If you have questions on IAFP advocacy, or are interested in participating in IAFP advocacy please contact Meredith Edwards or Doug Kinser, JD at 317-237-4237 or medwards@in-afp.org.  

Bills still alive….

Dispensing of Prescription Drugs (Senate Bill 334)
Senator Ron Grooms authored SB 334 which would allow a pharmacist to dispense a 90 day supply of medication – if the prescription includes at least 90 days of medication within script (including refills). The new law would allow the pharmacist to do this without notifying the patient’s physician. The IAFP testified in opposition to this bill when it was heard in committee, citing many reasons why physicians may want a prescription to be refilled by the patient in shorter intervals and requesting that controlled substances be excluded from the law. The IAFP’s request was well taken and the law was amended so that it does not apply to controlled substance prescriptions. The bill has passed out of the Senate.

Smoking Ban in Public Places (House Bill 1149)
Representative Eric Turner is the author of this smokefree air legislation. The bill now includes exemptions for casinos, retail tobacco establishments, private clubs (members would have to vote to allow smoking), and existing hookah and cigar bars. In order to appease opponents who wanted to exempt bars and taverns from the bill Representative Eric Turner has created a long implementation period of 18 months. The bill passed out of the House and the IAFP is hoping for a positive hearing in the Senate so that Indiana can become the 25^th state that protects workers in public places, workplaces, restaurants, and bars. Senators Gard and Alting are sponsors in the Senate.  Since the ban has never been acted upon in the Senate, we will remain vigilant to keep the bill acceptable. 

Self Donated Blood (House Bill 1216)
Current law is not clear on whether patients with HIV or other infectious diseases can donate blood for their own use for stem cell transplantation. This bill, authored by Representative Cindy Kirchofer, would clarify Indiana law and make it clearly legal. The IAFP is supportive of this legislation and IAFP member Topper Doehring, MD testified at the committee hearing for the bill. The bill has passed out of the House.

Bills now dead…

Tobacco Self Service Displays (House Bill 1031)
The original legislation would have moved cigars and loose tobacco products out from behind the retail counter, where it could be easily accessed by youth. But, the bill was amended to instead study the issue of roll your own tobacco machines and then failed to be heard on the floor of the House before the third reading deadline.  It could become a summer study item if Legislative Council adds this topic to other health related issues.

Physician Scope of Treatment Forms (House Bill 1114)
This legislation authored by Representative Tim Brown, who is also a physician and chair of the Public Health committee, would have created a legal and medical form on which patients could express their wishes for end of life care. Patients can express whether they want interventions like antibiotics, ventilation, and nutrition. Then a physician signs the form and it becomes a legal medical order. Unlike living wills these “POST forms” can be followed by EMS, nursing homes, and hospitals. Thirteen other states have made this form legal. The IAFP testified in support of this legislation at its committee hearing. Though the bill did not make it out of committee the IAFP continues to work on a coalition of other organizations working to perfect the legislation for introduction in the General Assembly again in 2013.

Collection of Medicaid Spend Down (House Bill 1351)
The bill would have allowed physicians and other providers to collect remaining balances of a patient’s Medicaid Spend Down at the time of service if the provider would like to. Currently only pharmacists can collect at the time of service. The bill never received a committee hearing.

Various Scope of Practice Legislation
In 2012 we are seeing many of the same scope of practice expansions that we have opposed in the past three or more years. These include allowing pharmacists to provide the pneumonia vaccine through protocol (HB 1067), licensing non-nurse midwives with only limited training to provide home birth services (HB 1127), permitting physical therapists see patients for 30 days without the need for a physician referral (HB 1124), and expanding physician assistant’s scope of practice by removing all limitations on the location of supervising physician and removing the requirement of chart reviews after three years (HB 1142). ). None of the scope of practice bills introduced in 2012 received an initial committee hearing.