INDIANA HOUSE BILL No. 1085

Second Regular Session 110th General Assembly (1998)

Synopsis: Use of latex products in health care. Prohibits the use by health care providers of powdered latex gloves. Restricts the use of latex products to those containing a level of protein permissible under rules adopted by the state department of health.

Effective: Upon passage; January 1, 1999.

A BILL FOR AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 16-18-2-163, AS AMENDED BY P.L.188-1995, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 1999]: Sec. 163. (a) "Health care provider", for purposes of IC 16-21 and IC 16-41, means any of the following:

  1. An individual, a partnership, a corporation, a professional corporation, a facility, or an institution licensed or legally authorized by this state to provide health care or professional services as a licensed physician, a psychiatric hospital, a hospital, a health facility, an emergency ambulance service (IC 16-31-3), a dentist, a registered or licensed practical nurse, a midwife, an optometrist, a pharmacist, a podiatrist, a chiropractor, a physical therapist, a respiratory care practitioner, an occupational therapist, a psychologist, a paramedic, an emergency medical technician, or an advanced emergency technician, or a person who is an officer, employee, or agent of the individual, partnership, corporation, professional corporation, facility, or institution acting in the course and scope of the person's employment.
  2. A college, university, or junior college that provides health care to a student, a faculty member, or an employee, and the governing board or a person who is an officer, employee, or agent of the college, university, or junior college acting in the course and scope of the person's employment.
  3. A blood bank, community mental health center, community mental retardation center, community health center, or migrant health center.
  4. A home health agency (as defined in IC 16-27-1-2 ).
  5. A health maintenance organization (as defined in IC 27-13-1-19 ).
  6. A health care organization whose members, shareholders, or partners are health care providers under subdivision (1).
  7. A corporation, partnership, or professional corporation not otherwise qualified under this subsection that:
    1. provides health care as one (1) of the corporation's, partnership's, or professional corporation's functions;
    2. is organized or registered under state law; and
    3. is determined to be eligible for coverage as a health care provider under IC 27-12 for the corporation's, partnership's, or professional corporation's health care function.
    Coverage for a health care provider qualified under this subdivision is limited to the health care provider's health care functions and does not extend to other causes of action.
    (b) "Health care provider", for purposes of IC 16-35 and IC 16-43-2 , has the meaning set forth in subsection (a). However, for purposes of IC 16-35 and IC 16-43-2, the term also includes a health facility (as defined in section 167 of this chapter).

    SECTION 2. IC 16-43-2 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 1999]:
      Chapter 2. Restrictions on Use of Latex Products
      Sec. 1. As used in this chapter, "health care provider" has the meaning set forth in IC 16-18-2-163.
      Sec. 2. A health care provider may not use latex gloves that are coated with a preparation of fine particles of cornstarch, talc, or other mineral.
      Sec. 3. A health care provider may only use latex products that contain a level of protein below the maximum allowable level of protein as established by the state department.
      Sec. 4. (a) The state department shall adopt rules under IC 4-22-2 establishing the maximum allowable level of protein in latex products used by health care providers.
      (b) The maximum allowable level of protein established under subsection (a) must be consistent with the protection of the health of health care providers and patients.

    SECTION 3. [EFFECTIVE UPON PASSAGE] (a) The state department of health shall adopt rules, under IC 4-22-2, to establish the maximum allowable level of protein in latex products used by health care providers. The rules adopted under this SECTION must take effect January 1, 1999.
    (b) This SECTION expires January 2, 1999.

    SECTION 4. An emergency is declared for this act.