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-IR- Database: Indiana Register

Indiana Register - September 1, 2003

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 the PDF format by clicking on (PDF).

September 1, 2003, Volume 26, Number 12, Pages 3855-4144 (PDF)
Final Rules
  • Title 312 Natural Resources Commission -- #02-104 (PDF)

    Amends 312 IAC 12-1 by adding new definitions. Amends 312 IAC 25-4-43, 312 IAC 25-4-47, 312 IAC 25-4-85, and 312 IAC 25-4-93 with respect to performance standards for the protection of ground water quality. Adds 312 IAC 25-6-12.5 and 312 IAC 25-6-76.5 to establish application procedures and performance standards consistent with 327 IAC 2-11 and IC 14-34.

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

    Amends 312 IAC 9-6 that governs fish and fishing activities. Amends 312 IAC 9-6-1 to include additional definitions of fish species. Amends 312 IAC 9-6-7 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 any live fish, fry, viable eggs, or genetic material of the exotic nuisance species black carp, bighead carp, silver carp, white perch, all species of snakeheads in the family Channidae, and hybrid or genetic modification of these fish. Exemptions are provided for accredited zoological parks, during lawful interstate shipment, and holders of an aquaculture permit under 312 IAC 9-10-17 for medical, educational, or scientific purposes.

  • Title 312 Natural Resources Commission -- #03-24 (PDF)

    Amends 312 IAC 5-2-47, which defines "waters of concurrent jurisdiction", to include the portion of the Wabash River that forms a border with Illinois and to include the Great Miami River. Amends 312 IAC 5-13-2 by requiring children under 13 years of age to wear personal flotation devices (sometimes call "life preservers") to conform with United States Coast Guard requirements. Deletes rule language pertaining to personal flotation devices that is now addressed by statute.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-340 (PDF)

    Amends 405 IAC 1-14.6 to revise the Medicaid nursing facility case mix reimbursement methodology to increase the minimum occupancy parameter for the direct care, indirect care, and administrative rate components; eliminates the provision that disallows annual rebasing of rates; extends the date for application of the historical cost inflation reduction factor; and removes profit add-on from direct care component.

  • 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 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).

  • Title 872 Indiana Board of Accountancy -- #02-213 (PDF)

    Amends 872 IAC 1-1-6.1 to establish that credit hours taken to comply with the educational requirements in IC 25-2.1-3-2 cannot be duplicated. Amends 872 IAC 1-1-12 to revise the examination used for accounting practitioners to comply with IC 25-2.1-6-1. Amends 872 IAC 1-3-14 to establish that continuing professional education hours obtained to renew a lapsed certificate cannot be double counted by using the hours for credit for renewal at the end of the reporting period. Adds 872 IAC 1-5 to establish the requirements for substantial equivalency.

Errata
  • Title 327 Water Pollution Control Board -- (PDF)

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

Notice of Recall
  • Title 50 Department of Local Government Finance -- #02-342 (PDF)

Emergency Rules
  • Title 65 State Lottery Commission -- #03-197 (PDF)

    Temporarily adds rules concerning instant game number 655.

  • Title 65 State Lottery Commission -- #03-198 (PDF)

    Temporarily adds rules concerning instant game number 656.

  • Title 65 State Lottery Commission -- #03-199 (PDF)

    Temporarily adds rules concerning instant game number 657.

  • Title 65 State Lottery Commission -- #03-200 (PDF)

    Temporarily adds rules concerning instant game number 709.

  • Title 68 Indiana Gaming Commission -- #03-210 (PDF)

    Temporarily adds a new rule restricting operating agents or applicants for operating agent to offer any gift, gratuity, compensation, travel, lodging, or anything of value to any individual associated with the contracting process that the individual is prohibited from accepting under state law and rules adopted by the state ethics commission under IC 4-2-6 and 40 IAC. Temporarily adds a new rule to require that any individual or business entity who directly or indirectly has applied or may apply to be an operating agent or has any commercial interest in a contract for operating agent with the commission under IC 4-33 and those representing an individual or business entity before the commission shall not engage in ex parte communications with a commission member or a member of the historic hotel preservation commission. Authority: IC 4-22-2-37.1; IC 4-33-4-3.

  • Title 312 Natural Resources Commission -- #03-211 (PDF)

    Temporarily adds this rule defining "reconstruction" so that the Department of Natural Resources can carry out its duties under IC 14-28 concerning flood control. The Department adds this emergency rule taking into consideration the legislative intent set forth in IC 14-28-1-1. Authority: IC 4-22-2-37.1(16); IC 14-10-2-5(16).

  • Title 327 Water Pollution Control Board -- #03-223 (PDF)

    Temporarily amends provisions at 327 IAC 5-4-3 and adds provisions at 327 IAC 15-15. Authority: IC 4-22-2-37.1(a)(14). NOTE: The original emergency document, LSA Document #03-127(E), as printed at 26 IR 3066, effective May 14, 2003, expires August 12, 2003.

  • Title 345 Indiana State Board of Animal Health -- #03-208 (PDF)

    Temporarily amends 345 IAC 1-3-30 by continuing provisions to prohibit the movement of cervids, cervid semen, and cervid embryos into Indiana. Authority: IC 15-2.1-18-21. The original emergency document LSA Document #03-120, as printed at 26 IR 3363, effective April 30, 2003, expires July 29, 2003.

  • Title 345 Indiana State Board of Animal Health -- #03-209 (PDF)

    Temporarily adds provisions that prohibit or limit the movement of certain animals and exposed animals into and within the state to control the spread of monkeypox. Authority: IC 15-2.1-18-21.

Notice of Rule Adoption
  • Title 405 Office of the Secretary of Family and Social Services -- #03-66 (PDF)

  • Title 440 Division of Mental Health and Addiction -- #03-57 (PDF)

Change in Notice of Public Hearing
  • Title 329 Solid Waste Management Board -- #01-288 (PDF)

  • Title 329 Solid Waste Management Board -- #02-160 (PDF)

  • Title 828 State Board of Dentistry -- #03-73 (PDF)

Notice of Intent to Adopt a Rule
  • Title 50 Department of Local Government Finance -- #03-235 (PDF)

    Under the authority of IC 6-1.1-8.7-9; P.L.198-2001, the Department of Local Government Finance intends to adopt rules to provide just valuations of industrials facilities. This rule will also establish the uniform procedures necessary to review and assess the real property of an industrial facility as defined by the chapter. The Department of Local Government Finance invites written submissions expressing your views on these matters. Questions or comments may be directed to Heather Scheel, General Counsel, Department of Local Government Finance, at 100 North Senate Avenue, Room N1058, Indianapolis, Indiana 46204 or hscheel@tcb.state.in.us. Telephone number: 317-232-5895. Statutory authority: IC 6-1.1-8.7-9; P.L.198-2001.

  • Title 68 Indiana Gaming Commission -- #03-234 (PDF)

    Adds a new rule restricting operating agents or applicants for operating agent to offer any gift, gratuity, compensation, travel, lodging, or anything of value to any individual associated with the contracting process that the individual is prohibited from accepting under state law and rules adopted by the state ethics commission under IC 4-2-6 and 40 IAC. Adds a new rule to require that any individual or business entity who directly or indirectly has applied or may apply to be an operating agent or has any commercial interest in a contract for operating agent with the commission under IC 4-33 and those representing an individual or business entity before the commission shall not engage in ex parte communications with a commission member or a member of the historic hotel preservation commission. Public comments are invited. Questions concerning the rule may be directed to the following telephone number: (317) 233-46, or e-mailed to jchelf@igc.state.in.us. Statutory authority: IC 4-33-4-1; IC 4-33-4-2; IC 4-33-4-3; IC 4-33-6.5.

  • Title 305 Indiana Board of Licensure for Professional Geologists -- #03-212 (PDF)

    Amends 305 IAC by adding rule 5 establishing 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 biannual publication of a roster of licensed geologists. Makes other technical changes. Public comments are invited. Statutory authority: IC 25-17.6-3-12.

  • Title 312 Natural Resources Commission -- #03-213 (PDF)

    Amends 312 IAC 18 that regulates activities pertaining to entomology and plant pathology. An additional section would govern the release of a "beneficial organism" or a "pest or pathogen". Kudzu would be listed and regulated as a pest or pathogen. The authority of the state entomologist to establish and dissolve technical committees, to assist in evaluating issues pertaining to the release of beneficial organisms or pests or pathogens, would be clarified. A fee and acreage surcharge would be established for the performance of the voluntary certification of florist premises and greenhouses. Questions concerning the proposed rule amendments may be directed to the following telephone number: (317) 233-3322 or e-mail address: slucas@dnr.state.in.us. Statutory authority: IC 14-10-2-4; IC 14-24-3.

  • Title 312 Natural Resources Commission -- #03-214 (PDF)

    Amends 312 IAC 18-3-12 that governs standards for the control of the larger pine shoot beetle by adding Union County to the quarantine area. Public questions and comments may be sent to the Division of Hearings, Natural Resources Commission, 402 West Washington Street, Room W272, Indianapolis, Indiana 46204, at jkane@dnr.state.in.us, or by telephone at (317) 232-4699. Statutory authority: IC 14-34-2-1.

  • Title 312 Natural Resources Commission -- #03-215 (PDF)

    Amends the rule that governs general licenses within floodways (with application, as well, to navigable waters under limited circumstances). The rule would be restructured so that provisions having universal application to these general licenses would be set forth at the beginning of the rule in new 312 IAC 10-5-.3 and 312 IAC 10-5-.6. The amendments would allow logjam and obstruction removal activities, from a qualified waterway listed on the Outstanding Rivers List, according to the approval requirements that ordinarily apply to logjam and obstruction removals under a general license. 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 14-10-2-4; IC 14-28-1-5; IC 14-29-1-8.

  • Title 312 Natural Resources Commission -- #03-218 (PDF)

    Amends 312 IAC 19-1 that governs research, collection, quotas, and the sale of ginseng. Included are amendments to increase the application fee for a new license from $25 to $100 as anticipated by HEA 1552-2003. Questions or comments may be directed to slucas@dnr.state.in.us or by telephone at 317-233-3322. Statutory authority: IC 14-31-3-14.

  • Title 312 Natural Resources Commission -- #03-220 (PDF)

    Amends 312 IAC 2 that governs delegations and informal procedures of the commission and its boards. The director of the commission's division of hearings would be authorized to give preliminary adoption to the readoption of rules, where no changes are proposed to existing language. Procedures for informal hearings, held prior to those governed by IC 4-21.5, would be modified to address any hearing by an agency board. Obsolete references to 310 IAC, which formerly applied to rules of the department of natural resources, would be repealed. 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 14-10-2-4.

  • Title 405 Office of the Secretary of Family and Social Services -- #03-236 (PDF)

    Amends 405 IAC 1-10.5 to define intestinal and multivisceral transplants and to allow intestinal and multivisceral transplant procedures to be reimbursed on a percentage of reasonable cost until such time an appropriate Diagnosis Related Grouping (DRG) as determined by the office can be assigned. Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-21-2.

  • Title 410 Indiana State Department of Health -- #03-216 (PDF)

    Amends the rules on hospitals and ambulatory outpatient surgical centers to update the incorporated life safety code. Written comments may be submitted to the Indiana State Department of Health, Attn: Acute Care, 2 North Meridian Street, Indianapolis, Indiana 46204. Statutory authority: IC 16-21-1-7.

  • Title 410 Indiana State Department of Health -- #03-224 (PDF)

    Amends rules setting licensing fees for hospitals or ambulatory outpatient surgery centers. Written comments may be submitted to the Indiana State Department of Health, Attn: Health Care Regulatory Services Commission, 2 North Meridian Street, Indianapolis, Indiana 46204. Statutory authority: IC 16-21-1-7.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #03-229 (PDF)

    Adds a new rule to 460 IAC to provide for the posting of notices at housing with services establishments, area agencies on aging, and centers for independent living that advise residents of their rights, and for procedures for residents and their representatives to file complaints concerning violations of filing disclosure requirements. Statutory authority: IC 12-8-8-4; IC 12-9-2-3; IC 12-10-15-14.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #03-230 (PDF)

    Amends 460 IAC 1-3.5 concerning the funding for recipients of services provided under the Residential Care Assistance Program out of the available program appropriation. Effective 30 days after filing with the secretary of state. Statutory authority: IC 12-9-2-3; IC 12-10-6.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #03-231 (PDF)

    Adds a new rule to 460 IAC to establish the caretaker support program and provide for the coordination and administration of the program and a client cost share formula for respite care services. Statutory authority: IC 12-8-8-4; IC 12-9-2-3; IC 12-10.5-1-4; IC 12-10.5-2.

  • Title 470 Division of Family and Children -- #03-232 (PDF)

    Adds 470 IAC 3-4.8 for the emergency or temporary closure of child care centers and child care homes. Establishes a list of violations as required by IC 12-17.2-4-18.7 and IC 12-17.2-5-18.7 that would pose an immediate threat to the life or well-being of a child in the care of a child care licensee. Establishes procedures that will be used to invoke an emergency or temporary closure of a child care center or child care home. Statutory authority: IC 12-13-5-3; IC 12-17.2-4-18.7; IC 12-17.2-5-18.7.

  • Title 470 Division of Family and Children -- #03-233 (PDF)

    Adds 470 IAC 3-18 to establish the requirements and standards child care providers must meet in order to be eligible to receive a voucher payment under the Child Care and Development Fund voucher program. Applies to all types of child care providers who want to participate in the Child Care and Development Fund voucher program. Statutory authority: IC 12-13-5-3; IC 12-17.2-3.5-15.

  • Title 511 Indiana State Board of Education -- #03-219 (PDF)

    Amends 511 IAC 6.2 to bring the school accountability system into alignment with the federal No Child Left Behind Act of 2001. Adds a definition of "graduation rate" to 511 IAC 6.2. Repeals the definition of "Graduation rate" in 511 IAC 6.1-1-2(k). Effective for the class of students expected to graduate in the 2005-2006 school year. Statutory authority: IC 20-1-1-6; IC 20-1-1.2-18; IC 20-10.2-7-1.

  • Title 760 Department of Insurance -- #03-221 (PDF)

    The department intends to promulgate a rule to implement various provision of IC 27-8-29 and IC 27-13-1.1 regarding external grievance procedures. Written comments may be submitted to the Indiana Department of Insurance, Attn: Amy Strati, 311 West Washington Street, Suite 300, Indianapolis, Indiana 46204 or e-mail to astrati@doi.state.in.us. Statutory authority: IC 27-8-29-24; IC 27-13-10.1-12.

  • Title 760 Department of Insurance -- #03-222 (PDF)

    The department intends to promulgate a rule to adjust the amounts that may be charged for copying medical records under IC 16-39. Written comments may be submitted to the Indiana Department of Insurance, Attn: Amy Strati, 311 West Washington Street, Suite 300, Indianapolis, Indiana 46204 or e-mail to astrati@doi.state.in.us. Statutory authority: IC 16-39-9-4.

  • Title 808 State Boxing Commission -- #03-226 (PDF)

    Amends 808 IAC 1-3-6 to establish a time for the promoter to provide the commission an acceptable form of security for a match or exhibition. Amends 808 IAC 1-5-1 to address the seats provided by the promoter for the commission and for the judges. Amends 808 IAC 1-5-2 to require an applicant for a promoter's license to execute and file with the commission a bond. Amends 808 IAC 2-1-12 to establish the general requirements for female boxers. Amends 808 IAC 2 7-14 to revise the requirements for the discontinuation of a fight following an accidental butt. Amends 808 IAC 2-8-7 to revise the requirements for the termination of contests. Repeals 808 IAC 2-8-8 regarding the standing eight count. Amends 808 IAC 2-9-5 to change no decision matches to exhibitions. Amends 808 IAC 2-17-1 to revise the classifications in the weight schedule and the limitation on weight differences. Amends 808 IAC 2-18-1 to allow the commission to determine the weigh-in time for contestants in main events and exhibitions. Amends 808 IAC 2-22-1 to revise the weight of gloves worn by each contestant for match or exhibition. Questions or comments concerning the proposed rules may be directed to: State Boxing Commission, ATTENTION: Board Director, 302 West Washington Street, Room E034, Indianapolis, IN 46204-2700 or by electronic mail at dwidemon@pla.state.in.us. Statutory authority: IC 25-9-1-2; IC 25-9-1-6.

  • Title 808 State Boxing Commission -- #03-227 (PDF)

    Adds 808 IAC 2-12 to establish the requirements and procedures for the testing of licensed contestants for the use of prohibited drugs. Questions or comments concerning the proposed rules may be directed to: State Boxing Commission, ATTENTION: Board Director, 302 West Washington Street, Room E034, Indianapolis, IN 46204-2700 or by electronic mail at dwidemon@pla.state.in.us. Statutory authority: IC 25-9-1-2; IC 25-9-1-6.

  • Title 876 Indiana Real Estate Commission -- #03-225 (PDF)

    Amends 876 IAC 3-6-2 to incorporate by reference the 2004 edition of the Uniform Standards of Professional Appraisal Practice (USPAP). Amends 876 IAC 3-6-3 to update the revisions to USPAP based upon the changes in the 2004 edition. Questions or comments concerning the proposed rules may be directed to: Indiana Real Estate Commission, ATTENTION: Board Director, 302 West Washington Street, Room E012, Indianapolis, IN 46204-2700 or via e-mail at csnyder@pla.state.in.us. Statutory authority: IC 25-34.1-3-8; IC 25-34.1-2-5.1; IC 25-34.1-2-5.

Proposed Rules
  • Title 10 Office of Attorney General for the State -- #03-167 (PDF)

    Amends 10 IAC 3-1-1 and 10 IAC 3-1-2 relating to and updating the form for filing tort claims against the state.

  • Title 11 Consumer Protection Division of the Office of the Attorney General -- #03-165 (PDF)

    Adds 11 IAC 3 relating to the regulation of professional fundraiser consultants and professional solicitors to establish fines on professional fundraiser consultants and solicitors as permitted by IC 23-7-8, define certain terms, and establish requirements for the registration application, the solicitation notice, and the financial report that are filed with the consumer protection division.

  • Title 52 Indiana Board of Tax Review -- #03-179 (PDF)

    Adds 52 IAC 2 and 52 IAC 3 to establish standards to govern proceedings before the Indiana board of tax review.

  • Title 405 Office of the Secretary of Family and Social Services -- #03-164 (PDF)

    Amends 405 IAC 1-8-2 to clarify that ambulatory surgical center services are covered within the scope of 405 IAC 1-8. Amends 405 IAC 1-8-3 to eliminate outpatient reimbursement for outpatient hospital and ambulatory surgical center services occurring within three calendar days of an inpatient admission for the same or related diagnosis. The amendments also change the basis of rates that were established using data from 1992 to indicate that rates will be based on the fee schedule amounts during state fiscal year 2003 and include conforming changes and other changes to reflect current operant policies. Amends 405 IAC 1-10.5-2 and 405 IAC 1-10.5-3 to define marginal cost factor; clarify the definition of a Medicaid day; modify inpatient reimbursement to pay the lower of provider charges or diagnosis related grouping (DRG) and level of care (LOC) inpatient rates; include the costs of outpatient hospital and ambulatory surgical center services that lead to an inpatient admission when determining relative weights; indicate that readmissions for the same or related diagnoses within three calendar days after discharge will be treated as the same admission for payment purposes; eliminate DRG payments for Medicaid recipients subsequent to their return from a transferee hospital; and changes the reimbursement methodology for inpatient hospital stays less than one-day to the outpatient methodology. The amendments include conforming changes and other changes to reflect current operant policies.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #03-123 (PDF)

    Amends 460 IAC 6 to incorporate a code of ethics for providers providing case management services to an individual and to make other necessary changes.

  • Title 511 Indiana State Board of Education -- #03-150 (PDF)

    Amends 511 IAC 6-7-6.1 to require students who enter high school after June 30, 2004, to complete Algebra I or Integrated Mathematics I.

  • Title 511 Indiana State Board of Education -- #03-151 (PDF)

    Amends 511 IAC 6.1-5.1-9 concerning business technology education and technology education and 511 IAC 6.1-5.1-10.1 concerning vocational-technical courses.

  • Title 515 Professional Standards Board -- #03-65 (PDF)

    Adds 515 IAC 12 to provide for certain requirements for the issuance of an accomplished practitioner license by the professional standards board.

  • Title 550 Board of Trustees of the Indiana State Teachers' Retirement Fund -- #03-155 (PDF)

    Amends 550 IAC 2-2-7 regarding the definition of compensation to clarify the treatment of vacation pay.

  • Title 760 Department of Insurance -- #03-8 (PDF)

    Adds 760 IAC 1-69 to recognize, permit, and prescribe the use of the 2001 Commissioners Standard Ordinary Mortality Table for use in determining minimum reserve liabilities and nonforfeiture benefits.

  • Title 848 Indiana State Board of Nursing -- #03-34 (PDF)

    Amends 848 IAC 5-1-1 and 848 IAC 5-1-3 concerning prescriptive authority for advanced practice nursing.

  • Title 856 Indiana Board of Pharmacy -- #03-154 (PDF)

    Amends 856 IAC 1-33-1, 856 IAC 1-33-2, and 856 IAC 1-33-4 concerning patient counseling.

  • Title 865 State Board of Registration for Land Surveyors -- #03-22 (PDF)

    Amends 865 IAC 1-7-3 to revise what a registered land surveyor may include in the registrant's plans. Amends 865 IAC 1-12 to revise the standards for the competent practice of land surveying. Repeals 865 IAC 1-10-23 and 865 IAC 1-10-24.

Readopted Rules
  • Title 210 Department of Correction -- #03-54 (PDF)

  • Title 511 Indiana State Board of Education -- #03-56 (PDF)

  • Title 804 Board of Registration for Architects and Landscape Architects -- #03-43 (PDF)

IC 13-14-9 Notices
  • Title 326 Air Pollution Control Board -- #03-67 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to 326 IAC 2 and new rules within 326 IAC 2 concerning New Source Review Reform. By this notice, IDEM is soliciting public comment on the draft rule language. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.

  • Title 326 Air Pollution Control Board -- #03-228 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rules 326 IAC 1-2-52 concerning the definition of particulate matter and 326 IAC 1-3-4 concerning ambient air quality standards. This rulemaking proposes to add ambient air quality standards for PM2.5 and a revised PM10 standard to state rules and add new rules concerning definitions for PM2.5, PM10, particulate matter emissions, PM10 emissions, and total suspended particulate (TSP). IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.

Other Notices (PDF)
    Nonrule Policy Documents (PDF)