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-IR- Database: Indiana Register

Indiana Register - December 1, 2002

Access the official CD-ROM Indiana Register by clicking on (PDF) following the volume information line below.

Disclaimer:The individual documents were created from the files used to produce the official CD-ROM Indiana Register. Access documents in PDF format by clicking on (PDF).
December 1, 2002, Volume 26, Number 3, Pages 687-1058 (PDF)
Final Rules
  • Title 312 Natural Resources Commission -- #01-444 (PDF)

    Amends 312 IAC 9-10-11 that governs nuisance wild animal control. Establishes examination requirements before a person can lawfully assist another with the capture, possession, and release of a nuisance wild animal. Establishes requirements for periodic reexamination or for the completion of continuing education. Minimum standards are provided for measures to control, treat, or euthanize a wild animal. Identifies causes for which a permit can be suspended or revoked.

  • Title 345 Indiana State Board of Animal Health -- #01-377 (PDF)

    Amends 345 IAC 7-7 concerning disposal of dead animals. Adds 345 IAC 7-7-1.5 to define terms. Makes other changes in the law of dead animal disposal. Repeals 345 IAC 7-7-6 and 345 IAC 7-7-8. NOTE: Under IC 4-22-2-40, LSA Document #01-377, printed at 25 IR 1991, was recalled by the Indiana State Board of Animal Health. This document was revised and readopted.

  • Title 405 Office of the Secretary of Family and Social Services -- #01-373 (PDF)

    Amends 405 IAC 6-2-3, 405 IAC 6-2-5, 405 IAC 6-2-9, 405 IAC 6-2-12, 405 IAC 6-2-14, 405 IAC 6-2-18, 405 IAC 6-2-20, 405 IAC 6-2-21, 405 IAC 6-3-2, 405 IAC 6-3-3, 405 IAC 6-4-2, 405 IAC 6-5-1, 405 IAC 6-5-2, 405 IAC 6-5-3, 405 IAC 6-5-4, 405 IAC 6-5-5, 405 IAC 6-5-6, 405 IAC 6-6-2, 405 IAC 6-6-3, and 405 IAC 6-6-4 concerning provisions affecting applicants, enrollees, eligibility and enrollment requirements, benefits, and policy for the Indiana prescription drug program. Adds 405 IAC 6-2-5.3, 405 IAC 6-2-5.5, 405 IAC 6-2-12.5, 405 IAC 6-2-16.5, 405 IAC 6-2-20.5, 405 IAC 6-2-22.5, 405 IAC 6-8, and 405 IAC 6-9 concerning provisions that will set forth procedures for point of service processing and provider claims, payments, overpayments, and appeals for the Indiana prescription drug program.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-13 (PDF)

    Amends 405 IAC 1-14.6-2, 405 IAC 1-14.6-4, 405 IAC 1-14.6-6, 405 IAC 1-14.6-7, 405 IAC 1-14.6-9, 405 IAC 1-14.6-12, 405 IAC 1-14.6-16, and 405 IAC 1-14.6-22 to revise the case mix reimbursement methodology that the Medicaid program utilizes to reimburse nursing facilities as follows: removes from consideration as allowable cost indirect costs associated with ancillary services provided to non-Medicaid residents; establishes a children's nursing facility designation for Medicaid reimbursement purposes and removes the profit add-on portion of the direct care component for nursing facilities not designated as children's nursing facilities; establishes a minimum occupancy parameter for the direct care, indirect care, and administrative rate components; provides for rebasing of Medicaid payment rates every other year, rather than annually; and updates mortgage interest rate parameter used to establish Medicaid reimbursement for capital costs of nursing facilities.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-16 (PDF)

    Amends 405 IAC 1-12 to revise the reimbursement methodology that the Medicaid program utilizes to reimburse nonstate-owned intermediate care facilities for the mentally retarded (ICFs/MR) and community residential facilities for the developmentally disabled (CRFs/DD) such that rebasing of Medicaid payment rates will occur every other year, rather than annually. Makes other technical changes to remove outdated language and references to repealed provisions and to conform with federal and state statutes and regulations.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-45 (PDF)

    Adds 405 IAC 2-3-23 to specify that a United States Savings Bond is considered available for Medicaid eligibility purposes beginning on the date of purchase.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-87 (PDF)

    Amends 405 IAC 2-8-1 to add certain nonprobate assets to the definition of estate for Medicaid estate recovery purposes. Adds 405 IAC 2-8-1.1 to provide an exception for certain nonprobate assets valued at less than $125,000.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-141 (PDF)

    Amends 405 IAC 5-24-7 to revise copayment structure for drugs reimbursed by Medicaid. Brand name legend drugs will be subject to a three dollar ($3) copayment. Generic legend drugs, all nonlegend drugs, and compounded prescriptions will be subject to a fifty cent ($.50) copayment.

  • Title 440 Division of Mental Health and Addiction -- #02-42 (PDF)

    Adds 440 IAC 1.5 concerning the licensure of private mental health institutions. Repeals 440 IAC 1-1.5.

  • Title 440 Division of Mental Health and Addiction -- #02-105 (PDF)

    Amends 440 IAC 5-1-1, 440 IAC 5-1-2, and 440 IAC 5-1-3.5 concerning community care for individuals who are discharged or transferred from state institutions administered by the division of mental health and addiction, to clarify the gatekeeper's role regarding an individual's entry into and discharge from a state institution.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #02-9 (PDF)

    Amends 460 IAC 2-3-1, 460 IAC 2-3-2, and 460 IAC 2-3-3 to offer additional criteria that may be fulfilled to receive state interpreter certification, extends the deadline by which certain criteria must be met to become certified, and adds relevant definitions.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #02-46 (PDF)

    Adds 460 IAC 6 concerning supported living services and supports for individuals with a developmental disability. The proposed rule includes qualifications for approved providers of supported living services and supports; the process by which the bureau of developmental disabilities services (bureau) approves providers; the bureau's process for monitoring and ensuring compliance with provider standards and requirements; the rights of individuals receiving services; protection of individuals receiving services; and standards and requirements for approved providers of supported living services and supports.

  • Title 511 Indiana State Board of Education -- #02-67 (PDF)

    Amends 511 IAC 5-1 to conform to passing standards set by the General Educational Testing Service of the American Council on Education for the 2002 Series GED tests.

  • Title 876 Indiana Real Estate Commission -- #01-369 (PDF)

    Amends 876 IAC 4-2-2 to modify the curricula for salesperson under IC 25-34.1-9-11(a)(1). Amends 876 IAC 4-2-3 to modify the curricula for broker under IC 25-34.1-9-11(a)(1). Amends 876 IAC 4-2-9 to require licensees to obtain six hours of continuing education to reactivate an inactive license during a two year licensure period and to require a licensee who has reactivated their license to obtain 10 hours of continuing education in order to renew the license at the end of the two year licensure period.

  • Title 876 Indiana Real Estate Commission -- #01-427 (PDF)

    Amends 876 IAC 1-1-23 to establish the requirements and procedures for the listing and selling principal broker to release earnest monies when one or more parties to a contract intend to perform. Amends 876 IAC 1-4-2 to revise the seller's residential real estate sales disclosure form. Amends 876 IAC 4-1-3 to allow continuing education courses once approved through continuing education sponsors to be used by other sponsors without further approval.

Errata
  • Title 50 Department of Local Government Finance -- #97-141 (PDF)

  • Title 65 State Lottery Commission -- #02-290 (PDF)

  • Title 71 Indiana Horse Racing Commission -- #02-282 (PDF)

  • Title 345 Indiana State Board of Animal Health -- #01-392 (PDF)

  • Title 804 Board of Registration for Architects and Landscape Architects -- #02-20 (PDF)

Emergency Rules
  • Title 45 Department of State Revenue -- #02-316 (PDF)

    Temporarily adds provisions to explain the contents of IC 6-2.3 concerning the utility receipts tax, which is effective January 1, 2003. Authority: HEA 1001ss SECTION 196(b).

  • Title 65 State Lottery Commission -- #02-308 (PDF)

    Temporarily adds rules concerning instant game number 614.

  • Title 65 State Lottery Commission -- #02-309 (PDF)

    Temporarily adds rules concerning instant game number 615.

  • Title 65 State Lottery Commission -- #02-310 (PDF)

    Temporarily adds rules concerning instant game number 616.

  • Title 65 State Lottery Commission -- #02-311 (PDF)

    Temporarily adds rules concerning instant game number 617.

  • Title 65 State Lottery Commission -- #02-312 (PDF)

    Temporarily adds rules concerning instant game number 618.

  • Title 65 State Lottery Commission -- #02-313 (PDF)

    Temporarily adds rules concerning instant game number 621.

  • Title 540 Indiana Education Savings Authority -- #02-307 (PDF)

    Temporarily amends 540 IAC 1-7-2, 540 IAC 1-8-2, 540 IAC 1-9-2.6, and 540 IAC 1-10-1 to clarify how the fee paid to the administrator of the Indiana CollegeChoice 529 Program is calculated, to clarify the initial and subsequent minimum contribution requirements of the Indiana CollegeChoice 529 Program, to eliminate any notice and cancellation of account requirements due to interruption of attendance, and to eliminate the once a month limitation on distributions from an account. Authority: IC 21-9-4-7. The original emergency document, LSA Document #02-256(E), as printed at 26 IR 59, effective August 29, 2002, expires November 27, 2002.

Notice of Rule Adoption
  • Title 405 Office of the Secretary of Family and Social Services -- #01-301 (PDF)

  • Title 405 Office of the Secretary of Family and Social Services -- #02-140 (PDF)

Change in Notice of Public Hearing
  • Title 326 Air Pollution Control Board -- #01-407 (PDF)

  • Title 326 Air Pollution Control Board -- #02-54 (PDF)

  • Title 326 Air Pollution Control Board -- #02-55 (PDF)

  • Title 326 Air Pollution Control Board -- #02-122 (PDF)

  • Title 327 Water Pollution Control Board -- #01-95 (PDF)

  • Title 327 Water Pollution Control Board -- #01-348 (PDF)

  • Title 410 Indiana State Department of Health -- #02-142 (PDF)

Notice of Intent to Adopt a Rule
  • Title 11 Consumer Protection Division of the Office of the Attorney General -- #02-324 (PDF)

    This rule will establish requirements concerning the obtaining of changed, disconnected, or transferred telephone numbers to update the telephone privacy list. Public comments are invited and may be directed to the Office of the Attorney General, Attention Marguerite M. Sweeney, Indiana Government Center-South, 302 West Washington Street, Fifth Floor, Indianapolis, Indiana 46204, or by electronic mail to msweeney@atg.state.in.us. Statutory authority: IC 24-4.7-3-1; IC 24-4.7-3-7; IC 4-6-9-8.

  • Title 305 Indiana Board of Licensure for Professional Geologists -- #02-328 (PDF)

    Amends 305 IAC 1 by adding rule 5 to establish a code of ethics for licensed professional geologists. Also includes amendments to provide that fees are set by board resolution not directly by rule. Clarifies that certificates are reinstated by the board not the Indiana geological survey. Provides for annual rather than semi-annual publication of a roster of licensed geologists. Makes other technical changes. Effective 30 days after filing with the secretary of state. Questions or comments may be addressed to mailto:hill6@indiana.edu or to State Geologist, Indiana Geological Survey, Indiana University, 611 North Walnut Grove, Bloomington, Indiana 47405. Statutory authority: IC 25-17.6-3-12.

  • Title 312 Natural Resources Commission -- #02-318 (PDF)

    Amends 312 IAC 9-6 that governs fish and fishing activities. Modifications are made to 312 IAC 9-6-1 to include additional definitions of fish species. 312 IAC 9-6-7 is amended by adding fish species that are illegal to import, possess, or release into public or private waters without a license issued by the department. Included are exotic nuisance species black carp, bighead carp, silver carp, white perch, all species of snakeheads in the family Channidae, and any hybrid of these fish. Questions concerning the proposed rule amendments may be directed to the following telephone number: (317) 232-4093 or e-mail gwhite@dnr.state.in.us. Statutory authority: IC 14-10-2-4; IC 14-22-2-6.

  • Title 312 Natural Resources Commission -- #02-322 (PDF)

    Amends the provision within 312 IAC 9-11-4 that governs wild animal possession permits to allow an alligator snapping turtle, lawfully acquired prior to January 1, 1998, to be used for commercial purposes or for public display. Questions concerning the proposed rule amendments may be directed to the following telephone number: (317) 232-4080 or e-mail lpetercheff@dnr.state.in.us. Statutory authority: IC 14-10-2-4; IC 14-22-26-3.

  • Title 312 Natural Resources Commission -- #02-329 (PDF)

    Amends 312 IAC 20 by adding rule 5 to assist the State Historic Preservation Review Board in the administration of the Register of Indiana Historic Sites and Historic Structures. Effective 30 days after filing with the secretary of state. Questions concerning the proposed rule amendments may be directed to the following telephone number: (317) 233-3322 or e-mail: slucas@dnr.state.in.us/. Statutory authority: IC 14-21-1-31.

  • Title 345 Indiana State Board of Animal Health -- #02-323 (PDF)

    The rule will address the detection, control, and eradication of chronic wasting disease in animals. The rule may include limiting or prohibiting movement of animals and animal parts, requiring registration of sites housing certain species of animals, measures to control contact with wild cervidae, identification of animals, record keeping, testing, herd certification, and chronic wasting disease surveillance in herds. Questions or comments on the subject may be directed by mail to the Indiana State Board of Animal Health, ATTENTION: Legal Affairs, 805 Beachway Drive, Suite 50, Indianapolis, Indiana 46224, or by electronic mail to ghaynes@boah.state.in.us. Statutory authority: IC 15-2.1-3-19.

  • Title 410 Indiana State Department of Health -- #02-317 (PDF)

    The rules will establish a schedule of civil penalties for retail and manufactured food production and processing. Written comments may be submitted to the Indiana State Department of Health, ATTENTION: Office of Legal Affairs and Policy, 2 North Meridian Street, Indianapolis, Indiana 46204. Statutory authority: IC 16-19-3-4; IC 16-42-5-28.

  • Title 410 Indiana State Department of Health -- #02-321 (PDF)

    This rule will update and clarify the requirements pertaining to the design, construction, installation, maintenance, and operation of commercial and residential on-site sewage disposal systems. Written comments may be submitted to the Indiana State Department of Health, ATTENTION: Sanitary Engineering, 2 North Meridian Street, Indianapolis, Indiana 46204. Statutory authority: IC 16-19-3-5.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #02-319 (PDF)

    Adds 460 IAC 1-3.3 to provide new procedures and criteria for reimbursement of providers of the residential care assistance program in Indiana. This rule will replace the prior reimbursement rule found at 460 IAC 1-3. It will become effective thirty (30) days after filing with the secretary of state. Statutory authority: IC 12-8-8-4; IC 12-9-2-3; IC 12-10-6-3.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #02-326 (PDF)

    Amends 460 IAC concerning types of supported living services and supports, provider qualifications and supervision, and reporting requirements. Statutory authority: IC 12-8-8-4; IC 12-9-2-3; IC 12-11-1.1-9; IC 12-11-2.1-12.

  • Title 515 Professional Standards Board -- #02-314 (PDF)

    Adds 515 IAC 1-7 to provide certain requirements for the renewal of various licenses issued by the Indiana Professional Standards Board. Public comments are invited and may be directed to Marie Theobald, Executive Director, Indiana Professional Standards Board, 101 West Ohio Street, Indianapolis, Indiana 46204. Statutory authority: IC 20-1-1.4-7.

  • Title 550 Board of Trustees of the Indiana State Teachers' Retirement Fund -- #02-325 (PDF)

    Amends 550 IAC 3 to conform to changes made to the Internal Revenue Code by the Economic Growth and Tax Relief Reconciliation Act of 2001. Adds 550 IAC 5 to conform to changes made to the Internal Revenue Code by the Economic Growth and Tax Relief Reconciliation Act of 2001. Adds 550 IAC 6 concerning rollovers, service purchases, and enhanced retirement savings opportunities for fund members (Senate Enrolled Act 59). Question or comments on the adoption may be directed by mail to the Indiana State Teachers' Retirement Fund, 150 West Market Street, Suite 300, Indianapolis, Indiana 46204 or by electronic mail to tdavidson@trf.state.in.us. Statutory authority: IC 21-6.1-3-6.

  • Title 575 State School Bus Committee -- #02-315 (PDF)

    Adds 575 IAC 1-1-4.6 regarding the display of the United States flag on school buses. Statutory authority: IC 20-9.1-4-4; IC 20-9.1-4-4.7.

  • Title 816 Board of Barber Examiners -- #02-320 (PDF)

    The Board of Barber Examiners intends to revise the fees collected for the examination of an applicant to practice as a barber and to revise the fee for the issuance of an initial four year license to practice barbering by an applicant applying on the basis of reciprocity. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Staff Counsel, 302 West Washington Street, Room E034, Indianapolis, Indiana 46204-2700. Statutory authority: IC 25-1-8-2; IC 25-7-5-14; IC 25-7-5-15; IC 25-7-11-5.

Proposed Rules
  • Title 45 Department of State Revenue -- #02-305 (PDF)

    Adds 45 IAC 3.1-1-99.1 to provide employers with withholding instructions for employees electing to claim the advance earned income credit payments.

  • Title 210 Department of Correction -- #02-259 (PDF)

    Amends 210 IAC 1-6 concerning the collection, maintenance, and release of offender and juvenile records. Adds 210 IAC 1-10 to establish the offender tort claim process. Amends 210 IAC 5 concerning release authority for juveniles.

  • Title 327 Water Pollution Control Board -- #01-96 (PDF)

    Amends rules concerning storm water discharges under 327 IAC 5 NPDES and pretreatment programs. Adds new rules under 327 IAC 15 NPDES general permit rule program related to municipal separate storm sewer systems.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-277 (PDF)

    Amends 405 IAC 5-14-2, 405 IAC 5-14-3, 405 IAC 5-14-6, 405 IAC 5-14-11, 405 IAC 5-14-15, 405 IAC 5-14-16, 405 IAC 5-14-17, and 405 IAC 5-14-18 to limit covered services and update the Medicaid dental rule to reflect current operating procedures. Repeals 405 IAC 5-14-10.

  • Title 440 Division of Mental Health and Addiction -- #02-265 (PDF)

    Adds 440 IAC 9-2-13 to establish standards and requirements for community mental health centers and certified managed care providers regarding family support services as part of the required continuum of care for persons needing addiction services, persons with serious mental illness, or children with serious emotional disorders.

  • Title 570 Indiana Commission on Proprietary Education -- #02-233 (PDF)

    Adds 570 IAC 1-14 concerning career college student assurance fund.

  • Title 832 State Board of Funeral and Cemetery Service -- #02-147 (PDF)

    Amends 832 IAC 2-1-2 to revise the licensing and examination fees charged and collected by the board.

  • Title 839 Social Worker, Marriage and Family Therapist, and Mental Health Counselor Board -- #02-270 (PDF)

    Amends 839 IAC 1-3-2 concerning licensure by examination for social workers and clinical social workers. Amends 839 IAC 1-4-5 concerning supervision for marriage and family therapist applicants. Amends 839 IAC 1-5-1 concerning educational requirements for mental health counselors. Adds 839 IAC 1-5-1.5 concerning experience requirements for mental health counselors.

  • Title 839 Social Worker, Marriage and Family Therapist, and Mental Health Counselor Board -- #02-271 (PDF)

    Amends 839 IAC 1-2-2.1 concerning licensure retirement. Amends 839 IAC 1-2-5 concerning fees.

  • Title 880 Speech-Language Pathology and Audiology Board -- #02-269 (PDF)

    Adds 880 IAC 1-2.1 concerning definitions; educational requirements for SLP aide I and II; application for registration as an SLP aide I or II; reporting changes in the supervision of an SLP Aide I or II; renewing a registration as an SLP aide I or II; prohibited professional activities; permitted professional activities; supervision of SLP aides I and II; and responsibilities of supervisors of SLP aides I and II. Repeals 880 IAC 1-2.

Readopted Rules
  • Title 135 Indiana Transportation Finance Authority -- #02-175 (PDF)

  • Title 210 Department of Correction -- #02-174 (PDF)

AROC Notices
  • Title 11 Consumer Protection Division of the Office of the Attorney General -- (PDF)

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- (PDF)

  • Title 760 Department of Insurance -- (PDF)

  • Title 405 Office of the Secretary of Family and Social Services -- (PDF)

IC 13-14-9 Notices
  • Title 327 Water Pollution Control Board -- #02-327 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for a new rule and amendments to rules concerning a National Pollutant Discharge Elimination System (NPDES) general permit for on-site residential sewage discharging disposal systems in Allen County, Indiana. The purpose of this notice is to seek public comment on the draft rule, including suggestions for specific language to be included in the rule. IDEM seeks comment on the affected citations listed and any other provisions of Title 327 that may be affected by this rulemaking.

Other Notices (PDF)
    Executive Orders (PDF)
      Attorney General's Opinions (PDF)
        Nonrule Policy Documents (PDF)