Indiana 2021 Regular Session Status: Enacted Bipartisan · 3 R · 2 D cosponsors

SB 365 — Immunity for physician wellness programs.

Last action — Public Law 101

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 11, 2021. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence

  • Enacted

    Current position in the legislative process.

  • 7 sponsors

    3 primary, 4 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 R · 2 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Defines "wellness program". Specifies that the proceedings and deliberations of a wellness program are confidential. Specifies certain exceptions. Provides that all minutes, records, reports, written expert opinions, written communications, and other comparable memoranda prepared or created by a wellness program are privileged. Specifies certain exceptions. Prohibits all wellness program personnel and participants from revealing or disclosing the substance of wellness program communications, records, and determinations to any person or entity outside of the wellness program. Specifies certain exceptions. Allows a court to order in writing the release of confidential or privileged information belonging to a wellness program after a hearing if the court makes specified findings. Provides that the exchange of confidential or privileged information or memoranda between wellness groups does not result in the waiver of applicable confidentiality and privilege provisions. Provides that confidentiality and privilege provisions applicable to certain records do not make the records inaccessible to people or entities that would otherwise be eligible to receive or access the records under existing state or federal law. Provides that the confidentiality and privilege provisions applicable to wellness groups do not abrogate, limit, or restrict any other privacy protection applicable to a patient or the patient's health or medical information. Specifies that certain individuals may not be named as a party in a civil suit in connection with certain actions taken with respect to a wellness program. Provides that a member, consultant, or participant who comprises or participates in a wellness program is not required to report a licensed physician to the medical licensing board for any act, omission, statement, discovery, or disclosure unless the licensed physician presents a threat to himself or herself, to his or her patients, or to the general public.

Bill Text

We don't have the full text on file for this bill yet.

Read SB 365 on the official Indiana source →

Action History

  1. Public Law 101

  2. Signed by the Governor

  3. Signed by the President of the Senate

  4. Signed by the Speaker

  5. Signed by the President Pro Tempore

  6. Senate concurred in House amendments; Roll Call 344: yeas 47, nays 0

  7. Senator Yoder added as coauthor

  8. Motion to concur filed

  9. Returned to the Senate with amendments

  10. Third reading: passed; Roll Call 336: yeas 92, nays 1

  11. Second reading: ordered engrossed

  12. Committee report: amend do pass, adopted

  13. Representative Barrett added as cosponsor

  14. Representative Fleming added as cosponsor

  15. First reading: referred to Committee on Judiciary

  16. Referred to the House

  17. Third reading: passed; Roll Call 195: yeas 47, nays 0

  18. House sponsor: Representative Schaibley

  19. Second reading: ordered engrossed

  20. Senator Randolph added as coauthor

  21. Committee report: amend do pass, adopted

  22. Senator Charbonneau added as second author

  23. First reading: referred to Committee on Health and Provider Services

  24. Authored by Senator Crider

Sponsors

Sponsorship breakdown

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3 sponsors · 4 co-sponsors · 143 not signed on · 1 voted No

Sponsors (3)

Co-sponsors (4)

Not signed on (143)

143 members have not signed on to this bill.

Show all 143 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 365 - Schaibley - 3rd Reading

Passed 92 Yea · 1 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 44001
Democrat 21102
Unaffiliated 27004
Total 92107
% of votes cast 92%1%0%7%
How each member voted (100)
Member Party Vote
Lehe — Yea
Fleming — Yea
Frye — Yea
Leonard — Yea
Saunders — Yea
Goodrich — Yea
Schaibley — Yea
Lyness — Yea
Hatfield — Yea
Smith, V — Yea
Boy — Yea
Miller — Yea
Speedy — Yea
Morrison — Yea
Jacob — Yea
Cherry — Yea
Negele — Yea
Nisly — Yea
Cook — Yea
Torr — Yea
Vermilion — Yea
Eberhart — Yea
Ellington — Yea
Zent — Yea
Ziemke — Yea
Austin — Not Voting
Gutwein — Not Voting
Davisson — Not Voting
Mr. Speaker — Not Voting
Brown, T — Yea
Young, J — Yea
Blake Johnson Democrat Yea
Carey Hamilton Democrat Yea
Carolyn Jackson Democrat Yea
Cherrish Pryor Democrat Yea
Chris Campbell Democrat Yea
Chuck Moseley Democrat Not Voting
Earl Harris Democrat Yea
Edward DeLaney Democrat Yea
Gregory Porter Democrat Yea
John Bartlett Democrat Yea
Justin Moed Democrat Yea
Matt Pierce Democrat Yea
Maureen Bauer Democrat Yea
Mike Andrade Democrat Yea
Mitch Gore Democrat Not Voting
Philip GiaQuinta Democrat Yea
Ragen Hatcher Democrat Yea
Renee Pack Democrat Yea
Robin Shackleford Democrat Yea
Ryan Dvorak Democrat Nay
Sheila Klinker Democrat Yea
Sue Errington Democrat Yea
Tonya Pfaff Democrat Yea
Vanessa Summers Democrat Yea
Beau Baird Republican Yea
Ben Smaltz Republican Yea
Brad Barrett Republican Yea
Bruce Borders Republican Yea
Chris Jeter Republican Yea
Chris Judy Republican Yea
Chris May Republican Yea
Cindy Ledbetter Republican Yea
Craig Snow Republican Yea
Dale DeVon Republican Yea
Dave Heine Republican Yea
David Abbott Republican Yea
Edmond Soliday Republican Yea
Edward Clere Republican Yea
Elizabeth Rowray Republican Yea
Ethan Manning Republican Yea
Gregory Steuerwald Republican Yea
Harold Slager Republican Yea
Heath VanNatter Republican Yea
J.D. Prescott Republican Yea
Jack Jordan Republican Yea
Jake Teshka Republican Yea
Jeffrey Thompson Republican Yea
Jim Lucas Republican Yea
Jim Pressel Republican Yea
Joanna King Republican Yea
Julie Olthoff Republican Yea
Karen Engleman Republican Yea
Martin Carbaugh Republican Yea
Matt Hostettler Republican Yea
Matt Lehman Republican Yea
Michael Karickhoff Republican Yea
Michelle Davis Republican Yea
Mike Aylesworth Republican Yea
Peggy Mayfield Republican Yea
Robert Behning Republican Yea
Robert Heaton Republican Yea
Robert Morris Republican Yea
Ryan Lauer Republican Yea
Shane Lindauer Republican Yea
Steve Bartels Republican Yea
Timothy O'Brien Republican Yea
Timothy Wesco Republican Yea
Wendy McNamara Republican Yea
Zach Payne Republican Not Voting

Official roll call →

Subjects

healthcare labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 365 do?
Defines "wellness program". Specifies that the proceedings and deliberations of a wellness program are confidential. Specifies certain exceptions. Provides that all minutes, records, reports, written expert opinions, written communications, and other comparable memoranda prepared or created by a wellness program are privileged. Specifies certain exceptions. Prohibits all wellness program personnel and participants from revealing or disclosing the substance of wellness program communications, records, and determinations to any person or entity outside of the wellness program. Specifies certain exceptions. Allows a court to order in writing the release of confidential or privileged information belonging to a wellness program after a hearing if the court makes specified findings. Provides that the exchange of confidential or privileged information or memoranda between wellness groups does not result in the waiver of applicable confidentiality and privilege provisions. Provides that confidentiality and privilege provisions applicable to certain records do not make the records inaccessible to people or entities that would otherwise be eligible to receive or access the records under existing state or federal law. Provides that the confidentiality and privilege provisions applicable to wellness groups do not abrogate, limit, or restrict any other privacy protection applicable to a patient or the patient's health or medical information. Specifies that certain individuals may not be named as a party in a civil suit in connection with certain actions taken with respect to a wellness program. Provides that a member, consultant, or participant who comprises or participates in a wellness program is not required to report a licensed physician to the medical licensing board for any act, omission, statement, discovery, or disclosure unless the licensed physician presents a threat to himself or herself, to his or her patients, or to the general public.
Who sponsors SB 365?
SB 365 is sponsored by Michael Crider (Republican), Ed Charbonneau (Republican), Lonnie Randolph (Democrat), Shelli Yoder (Democrat), Donna Schaibley, Rita Fleming, and Brad Barrett (Republican).
What is the current status of SB 365?
This bill has been enacted into law. Introduced January 11, 2021. Enacted.
Where can I track SB 365?
Track SB 365 free on One Click Politics — get push/email alerts when it moves.

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