Text of IN HB 1071 (2023)

Introduced Version HOUSE BILL No. 1071 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 25-22.5; IC 25-23-1; IC 25-27.5. Synopsis: Implicit bias continuing education. Requires the medical licensing board of Indiana to adopt rules requiring a physician and a physician assistant who apply for a license or renewal to complete continuing education addressing the topic of implicit bias. Requires the Indiana state board of nursing to adopt rules requiring a nurse who applies for a license or renewal to complete continuing education addressing the topic of implicit bias. Establishes certain requirements for an implicit bias continuing education course. Provides that the Indiana professional licensing agency must maintain on the agency's website a schedule of or link to implicit bias continuing education courses that are available. Effective: Upon passage. Shackleford January 9, 2023, read first time and referred to Committee on Public Health. 2023 IN 1071—LS 6946/DI 141 Introduced First Regular Session of the 123rd General Assembly (2023) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2022 Regular Session of the General Assembly. HOUSE BILL No. 1071 A BILL FOR AN ACT to amend the Indiana Code concerning professions and occupations. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 25-22.5-1-1.2, AS AMENDED BY P.L.2-2007, 2 SECTION 327, IS AMENDED TO READ AS FOLLOWS 3 [EFFECTIVE UPON PASSAGE]: Sec. 1.2. As used in this article: 4 "Implicit bias" means an attitude or internalized stereotype that 5 affects an individual's perceptions, actions, and decisions in an 6 unconscious manner. 7 "Nursing school" includes a hospital nursing school, a nursing 8 program, and a nursing department of a postsecondary educational 9 institution. This shall include two (2), three (3), and four (4) year 10 programs of nursing education. 11 "Shortage area" is an area in which there is a less than adequate 12 supply of physicians or nurses relative to the need for nursing or 13 physician services. 14 SECTION 2. IC 25-22.5-5-7 IS ADDED TO THE INDIANA CODE 15 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE 16 UPON PASSAGE]: Sec. 7. (a) Before July 1, 2024, the board shall 17 adopt rules in accordance with IC 25-1-4 to require a physician 2023 IN 1071—LS 6946/DI 141 2 1 who applies for a license or renewal under this article to obtain 2 continuing education addressing the topic of implicit bias. 3 (b) A continuing education course required under subsection (a) 4 must include at least one (1) of the following topics: 5 (1) Examples of how implicit bias: 6 (A) affects perceptions and treatment decisions of 7 physicians; and 8 (B) leads to disparities in health outcomes. 9 (2) Strategies to address how unintended biases in decision 10 making may contribute to health care disparities by: 11 (A) shaping behavior; and 12 (B) producing differences in medical treatment in regards 13 to race, ethnicity, gender identity, sexual orientation, age, 14 socioeconomic status, or other characteristics. 15 (c) All continuing education courses required under subsection 16 (a) must be: 17 (1) approved by the board; or 18 (2) offered by an approved organization (as defined in 19 IC 25-1-4-0.2). 20 (d) The agency shall maintain on the agency's website a schedule 21 of or link to implicit bias continuing education courses that are 22 available under subsection (c). 23 SECTION 3. IC 25-23-1-1.7 IS ADDED TO THE INDIANA CODE 24 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE 25 UPON PASSAGE]: Sec. 1.7. As used in this chapter, "implicit bias" 26 means an attitude or internalized stereotype that affects an 27 individual's perceptions, actions, and decisions in an unconscious 28 manner. 29 SECTION 4. IC 25-23-1-36 IS ADDED TO THE INDIANA CODE 30 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE 31 UPON PASSAGE]: Sec. 36. (a) Before July 1, 2024, the board shall 32 adopt rules in accordance with IC 25-1-4 to require an applicant 33 for a license or renewal under this article to obtain continuing 34 education addressing the topic of implicit bias. 35 (b) A continuing education course required under subsection (a) 36 must include at least one (1) of the following topics: 37 (1) Examples of how implicit bias: 38 (A) affects perceptions and treatment decisions of a nurse 39 practicing the nurse's profession under this article; and 40 (B) leads to disparities in health outcomes. 41 (2) Strategies to address how unintended biases in decision 42 making may contribute to health care disparities by: 2023 IN 1071—LS 6946/DI 141 3 1 (A) shaping behavior; and 2 (B) producing differences in medical treatment in regards 3 to race, ethnicity, gender identity, sexual orientation, age, 4 socioeconomic status, or other characteristics. 5 (c) All continuing education courses required under subsection 6 (a) must be: 7 (1) approved by the board; or 8 (2) offered by an approved organization (as defined in 9 IC 25-1-4-0.2). 10 (d) The Indiana professional licensing agency shall maintain on 11 the agency's website a schedule of or link to implicit bias 12 continuing education courses that are available under subsection 13 (c). 14 SECTION 5. IC 25-27.5-2-7.4 IS ADDED TO THE INDIANA 15 CODE AS A NEW SECTION TO READ AS FOLLOWS 16 [EFFECTIVE UPON PASSAGE]: Sec. 7.4. "Implicit bias" means an 17 attitude or internalized stereotype that affects an individual's 18 perceptions, actions, and decisions in an unconscious manner. 19 SECTION 6. IC 25-27.5-4-10 IS ADDED TO THE INDIANA 20 CODE AS A NEW SECTION TO READ AS FOLLOWS 21 [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) Before July 1, 2024, 22 the board shall adopt rules in accordance with IC 25-1-4 to require 23 an individual who applies for a license or renewal under this article 24 to obtain continuing education addressing the topic of implicit bias. 25 (b) A continuing education course required under subsection (a) 26 must include at least one (1) of the following topics: 27 (1) Examples of how implicit bias: 28 (A) affects perceptions and treatment decisions of 29 physician assistants licensed under this article; and 30 (B) leads to disparities in health outcomes. 31 (2) Strategies to address how unintended biases in decision 32 making may contribute to health care disparities by: 33 (A) shaping behavior; and 34 (B) producing differences in medical treatment in regards 35 to race, ethnicity, gender identity, sexual orientation, age, 36 socioeconomic status, or other characteristics. 37 (c) All continuing education courses required under subsection 38 (a) must be: 39 (1) approved by the board; or 40 (2) offered by an approved organization (as defined in 41 IC 25-1-4-0.2). 42 (d) The Indiana professional licensing agency shall maintain on 2023 IN 1071—LS 6946/DI 141 4 1 the agency's website a schedule of or link to implicit bias 2 continuing education courses that are available under subsection 3 (c). 4 SECTION 7. An emergency is declared for this act. 2023 IN 1071—LS 6946/DI 141