PROMOTING WORKPLACE FREEDOM
Midwives
House Bill 1135
Summary: Requires the local health officer to make a permanent record of the person in attendance at a birth. Establishes the midwifery board (board). Sets qualifications for a certified direct entry midwife (CDEM). Requires the board to: (1) establish continuing education requirements; (2) develop peer review procedures; and (3) adopt rules concerning liability insurance and the competent practice of CDEMs. Establishes procedures and qualifications for certain practicing CDEMs to receive a license. Establishes a Class D felony for practicing midwifery without a license. Provides that certain individuals may not be held jointly or severally liable for the acts or omissions of a client’s CDEM. Adds culpability standards to the crimes of practicing medicine or osteopathic medicine and acting as a physician assistant without a license. Allows CDEMs to administer certain prescription drugs. Allows certain individuals to act under the supervision of a CDEM. Repeals the definition of “midwife” in the medical malpractice law, and adds the definition of “certified nurse midwife”. Makes conforming changes.
AFP Position: Neutral
Reason: Midwives tend to be one of two things: certified nurse midwives (CNM) or certified professional midwives (CPM). CNMs are currently legal in IN and tend to be RNs with prescription authority and typically a master’s degree. CPMs are not currently legal in Indiana and generally have different education requirements. CNMs and CPMs are certified by two different national boards. This would legalize CPMs and would set up the legal structure to license CPMs. One could argue that creating a license for CPMs ignores the fact that CPMs should not perhaps be illegal in the first place. Is it not the right for parents to make the decision on who helps them with their child’s birth? Simply put, you could address why CPMs are illegal without creating a new license. AFP in general has a strong bias against occupational licenses, but this being a health care issue can certainly make the debate less clear. After further review, we neither support or oppose this legislation.
Status: Passed the House, Moves to the Senate 2/25/2013
Licensing of Diabetes Educators
House Bill 1242
Summary: Creates the diabetes educators board, and provides for the licensure of diabetes educators. Makes a technical correction.
AFP Position: Oppose
Reason: Indiana should be reluctant to issue additional occupational licensing requirements unless there is a strong case to be made for public safety. Occupational licensing in many cases serve to only to limit competition and circumvent the decisions of consumers in the free market. Certification or simple registration are alternatives.
Status: Passed the House, Moves to the Senate 2/19/13
Dietician Licensure
House Bill 1272
Summary: Requires that, with certain exceptions, an individual who: (1) professes to be a licensed dietitian; or (2) implies by words or letters that the individual is a licensed dietitian; must be licensed. Repeals provisions providing for certification of dietitians. Changes the name of the Indiana dietitians certification board to the Indiana dietitians licensing board. Specifies that an individual who is a certified dietitian on June 30, 2013, becomes a licensed dietitian beginning July 1, 2013. Makes other conforming changes.
AFP Position: Oppose
Reason: Indiana should be reluctant to issue additional occupational licensing requirements unless there is a strong case to be made for public safety. Occupational licensing in many cases serve to only to limit competition and circumvent the decisions of consumers in the free market.
Status: House 2nd Reading, Ordered Engrossed 2/21/13
Release Time for Public Employee Union Activities
Senate Bill 102
Summary: Provides that an employee of the state or a political subdivision may be compensated only for the performance of duties and activities that directly and primarily benefit the employee’s employer or the general public. Provides that the state or a political subdivision may not enter into an employment contract that provides compensation to a public employee for performing labor organization activities. Provides that a public employee or a labor organization may not enter into a formal or informal agreement with a public employer to provide compensation to a public employee or a third party for performing labor organization activities. Provides that the state or a political subdivision may not provide compensation, and an employee may not knowingly receive compensation, for a leave given or taken for the purpose of performing labor organization activities. Provides that the attorney general or any taxpaying resident of the state may institute a civil action to enjoin violations of these provisions. Provides that any taxpaying resident of the state has standing to intervene in an action challenging the validity of these provisions.
AFP Position: Support
Reason: AFP believes that union activity should not be conducted while employees are being paid by taxpayers.
Status: In Committee
School Board Elections; Teacher Union Dues
Senate Bill 312
Summary: Provides that school board members are elected on a partisan basis. Prohibits a school employer from deducting union dues from a teacher’s salary. Repeals: (1) a provision requiring a nonpartisan listing of school board members on an election ballot; and (2) a provision allowing a school employer to deduct union dues from a teacher’s salary. Makes conforming changes to related sections
AFP Position: Support
Reason: Repeals the ability for union dues to be collected using taxpayer dollars.
Status: In Committee
Creation of ERASER Committee
SB 520
Summary: Creates the eliminate, reduce, and streamline employee regulation (ERASER) committee to study professional licensing in Indiana. Provides that the office of management and budget staffs the committee. Repeals the regulated occupations evaluation committee. Creates a five year cycle for sunsetting professional licenses, registrations, and certifications
AFP Position: Support
Reason: Occupational licenses come with great tradeoffs in economic growth. It is imperative that we closely examine the burdens that local and state government put on workers.
Status: Passed the Senate, Moves to the House 2/19/13 View AFP’s Testimony Here.
PROMOTING WORKPLACE FREEDOM
Midwives
House Bill 1135
Summary: Requires the local health officer to make a permanent record of the person in attendance at a birth. Establishes the midwifery board (board). Sets qualifications for a certified direct entry midwife (CDEM). Requires the board to: (1) establish continuing education requirements; (2) develop peer review procedures; and (3) adopt rules concerning liability insurance and the competent practice of CDEMs. Establishes procedures and qualifications for certain practicing CDEMs to receive a license. Establishes a Class D felony for practicing midwifery without a license. Provides that certain individuals may not be held jointly or severally liable for the acts or omissions of a client’s CDEM. Adds culpability standards to the crimes of practicing medicine or osteopathic medicine and acting as a physician assistant without a license. Allows CDEMs to administer certain prescription drugs. Allows certain individuals to act under the supervision of a CDEM. Repeals the definition of “midwife” in the medical malpractice law, and adds the definition of “certified nurse midwife”. Makes conforming changes.
AFP Position: Neutral
Reason: Midwives tend to be one of two things: certified nurse midwives (CNM) or certified professional midwives (CPM). CNMs are currently legal in IN and tend to be RNs with prescription authority and typically a master’s degree. CPMs are not currently legal in Indiana and generally have different education requirements. CNMs and CPMs are certified by two different national boards. This would legalize CPMs and would set up the legal structure to license CPMs. One could argue that creating a license for CPMs ignores the fact that CPMs should not perhaps be illegal in the first place. Is it not the right for parents to make the decision on who helps them with their child’s birth? Simply put, you could address why CPMs are illegal without creating a new license. AFP in general has a strong bias against occupational licenses, but this being a health care issue can certainly make the debate less clear. After further review, we neither support or oppose this legislation.
Status: Passed the House, Moves to the Senate 2/25/2013
Licensing of Diabetes Educators
House Bill 1242
Summary: Creates the diabetes educators board, and provides for the licensure of diabetes educators. Makes a technical correction.
AFP Position: Oppose
Reason: Indiana should be reluctant to issue additional occupational licensing requirements unless there is a strong case to be made for public safety. Occupational licensing in many cases serve to only to limit competition and circumvent the decisions of consumers in the free market. Certification or simple registration are alternatives.
Status: Passed the House, Moves to the Senate 2/19/13
Dietician Licensure
House Bill 1272
Summary: Requires that, with certain exceptions, an individual who: (1) professes to be a licensed dietitian; or (2) implies by words or letters that the individual is a licensed dietitian; must be licensed. Repeals provisions providing for certification of dietitians. Changes the name of the Indiana dietitians certification board to the Indiana dietitians licensing board. Specifies that an individual who is a certified dietitian on June 30, 2013, becomes a licensed dietitian beginning July 1, 2013. Makes other conforming changes.
AFP Position: Oppose
Reason: Indiana should be reluctant to issue additional occupational licensing requirements unless there is a strong case to be made for public safety. Occupational licensing in many cases serve to only to limit competition and circumvent the decisions of consumers in the free market.
Status: House 2nd Reading, Ordered Engrossed 2/21/13
Release Time for Public Employee Union Activities
Senate Bill 102
Summary: Provides that an employee of the state or a political subdivision may be compensated only for the performance of duties and activities that directly and primarily benefit the employee’s employer or the general public. Provides that the state or a political subdivision may not enter into an employment contract that provides compensation to a public employee for performing labor organization activities. Provides that a public employee or a labor organization may not enter into a formal or informal agreement with a public employer to provide compensation to a public employee or a third party for performing labor organization activities. Provides that the state or a political subdivision may not provide compensation, and an employee may not knowingly receive compensation, for a leave given or taken for the purpose of performing labor organization activities. Provides that the attorney general or any taxpaying resident of the state may institute a civil action to enjoin violations of these provisions. Provides that any taxpaying resident of the state has standing to intervene in an action challenging the validity of these provisions.
AFP Position: Support
Reason: AFP believes that union activity should not be conducted while employees are being paid by taxpayers.
Status: In Committee
School Board Elections; Teacher Union Dues
Senate Bill 312
Summary: Provides that school board members are elected on a partisan basis. Prohibits a school employer from deducting union dues from a teacher’s salary. Repeals: (1) a provision requiring a nonpartisan listing of school board members on an election ballot; and (2) a provision allowing a school employer to deduct union dues from a teacher’s salary. Makes conforming changes to related sections
AFP Position: Support
Reason: Repeals the ability for union dues to be collected using taxpayer dollars.
Status: In Committee
Creation of ERASER Committee
SB 520
Summary: Creates the eliminate, reduce, and streamline employee regulation (ERASER) committee to study professional licensing in Indiana. Provides that the office of management and budget staffs the committee. Repeals the regulated occupations evaluation committee. Creates a five year cycle for sunsetting professional licenses, registrations, and certifications
AFP Position: Support
Reason: Occupational licenses come with great tradeoffs in economic growth. It is imperative that we closely examine the burdens that local and state government put on workers.
Status: Passed the Senate, Moves to the House 2/19/13 View AFP’s Testimony Here.