Legislative Report 2009

Environmental and Health Services Regulation

Food Protection

Licensure requirement for a “Cultural Heritage Facility” definition clarified to mean greater than 150 years old.  PL 2009-117 (H 5252) and PL 2009-175(S 925)


Dispensing of Schedule II, III, IV and V prescriptions amended.  In prescribing controlled substances in schedule II, practitioners may write up to three (3) separate prescriptions, each for up to a one-month supply, each signed and dated on the date written.  Established limits on schedule III, IV and V prescription amounts and timeframes.  PL 2009-183 (H 5479) and PL 2009-208 (S 552)

Limits and fines on the possession dextromethorphan.  PL 2009-215 (S1071)

Professions Regulations

The statute authorized health to certify up to three Medical Marijuana Compassion Centers to serve qualifying patients who are registered with the Medical Marijuana Program. PL 2009-016 (H 5359) and PL 2009-017 (S 5359)

When requested health professionals will be issued wallet cards including their name, license number and license category. PL 2009-194 (H5797) and PL 2009-286 (S 546)

Codified direct payment to nurse practitioners from insurers. PL 2009-351 (H 5537) and PL 2009-352 (S 471)

A Funeral director greater than 65 years of age and with a specified number of years with professional licensure would be exempt from continuing education requirements. PL 2009-387 (H 5197) and PL 2009-367 (S 125)

Funeral director/funeral establishment statute amended to include domestic partner status parallel to surviving spouse in next of kin hierarchy for funeral arrangements.  PL 2009-369 (S 195) and PL 2009-385 (H 5294)

Hearing Aid dealers must include on the receipt a notice of audio switch technology and other services available to the hard of hearing when providing someone with a hearing aid.   PL 2009-348 (S 553) and PL 2009-347 (H 5655)

Health Systems Development

The amendments revised the definition of health care facility by adding certain facilities providing surgical treatment on an outpatient basis, and expanded the definition of new or expanded tertiary or specialty care services to include MRI and CAT under specific conditions. PL 2009-197 (H 5273) and PL 2009-287 (S 866)

Extended to 2012 the existing moratorium on adding new Nursing Home beds.  PL 2009-83 (S 867)

Patient Protection

The statute requires licensed health care facilities to provide available health information and services to patients of the facility whether or not his or her medical provider is an employee of the facility.   PL 2009-132 (H 6225) and PL 2009-172 (S 991)

Facility Regulations

This statute creates Chapter 17.24  “The Adult Supportive Care Residence Act”.  A residence can be licensed for at least two and up to five individuals who do not requiring acute medical or skilled nursing care as provided in a health care facility but who, as a result of choice and/or physical or mental limitation, requires personal assistance, lodging and meals and may require the administration of medication.  Assisted living residence licensure statute amended to require at least six residents and to allow for up to 45 days of daily skilled nursing care or therapy.  PL 2009-189 (H5653) and PL 2009-290 (S 543)

The minimum age for blood donors was reduced to 16 years old.  PL 2009-237 (H 5968) and PL 2009-238 (S 1053)

Community Family Health and Equity

HIV/AIDs statutes consolidated and updated bringing policies into conformance with treatment, interventions and standards for patients and providers.  PL 2009-196 (H 5415) and PL 2009-289 (S 245)  \

Stroke Prevention Act established standards for hospitals, emergency medical response and reporting requirements.  PL 2009-89 (H 5266) and PL 2009-88 (S 752)

Autism spectrum disorder and treatment evaluation statute was updated.  (PL 2009-201 (H 5266)

Tobacco cessation treatment standards established for insurance benefit coverage and payment.  PL 2009-187 (H 5823) and PL 2009-291 (S 540)

Tobacco retailers prohibited from obtaining a new license until any outstanding fees or fines have been paid.  PL 2009-336 (H 5607) and PL 2009-335 (S 408)