HB 1151-1_ Filed 03/04/2004, 16:00
CONFERENCE COMMITTEE REPORT
DIGEST FOR EHB 1151
Citations Affected: IC 25-10-1-1.5; IC 25-10-1-14; IC 25-27-1; IC 25-1; IC 25-4-2-3; IC
25-6.1-3; IC 25-7-6-1; IC 25-7-6-14; IC 25-7-11; IC 25-8; IC 25-9-1-20; IC 25-15-6-4; IC
25-15-6-6; IC 25-21.5-8-6; IC 25-21.5-8-7; IC 25-28.5-2-2.1; IC 25-30-1; IC 25-31-1; IC
25-34.1-3-3.1; IC 25-34.1-3-4.1; IC 25-1-2-9; IC 25-1-6-5.5; IC 25-1-11-9.5; IC 25-21.5-8-3.
Synopsis: Professions and occupations. Allows a physical therapist who meets certain
conditions to provide subsequent treatment to a patient who was previously referred to the
physical therapist for the same condition if the referral was not more than 12 months old and
requires the physical therapist to contact the individual's appropriate provider within three days
after the physical therapist provides treatment to the individual. Allows a specified physical
therapist to evaluate a patient without a referral and requires the physical therapist to contact the
patient's original referring provider within three days before providing treatment. Specifies when
a psychologist may refer a patient to a physical therapist. Defines sharp debridement and sets
forth limitations on a physical therapist performing sharp debridement. Establishes a process for
renewing a license or certificate. Provides that a board may request the office of the attorney
general to: (1) investigate a prohibited act committed by an applicant; (2) obtain an injunction
against a person from acting without a license, registration, or certification. Provides that the
professional licensing agency may stagger license or certificate renewal cycles. Provides that
certain boards and commissions must establish licensing, renewal, examination, application,
reinstatement, and restoration fees for licenses and certificates. Allows an applicant for
registration as a professional engineer who has failed three or more exams to obtain approval from
the board to take subsequent exams. Allows the board to issue a registration as a professional
engineer to a person who: (1) completes an engineering curriculum and at least three years of
work experience; and (2) has been registered or licensed as a professional engineer in another
state for at least ten years. (This conference committee report removes the language contained
in EHB 1151 and inserts SB 360 concerning physical therapists as it left the Senate with changes
and SB 307 with changes.)
Effective: July 1, 2004.
CONFERENCE COMMITTEE REPORT
MR. PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed Senate Amendments to Engrossed House Bill No. 1151 respectfully
reports that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Delete everything after the enacting clause and insert the following:
SOURCE: IC 25-10-1-1.5; (04)CC115104.1. -->
SECTION 1. IC 25-10-1-1.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 1.5. (a) There is created
a board of chiropractic examiners. The board shall consist of seven (7)
members appointed by the governor, not more than four (4) of whom
may be affiliated with the same political party. Six (6) of the board
members must be licensed under this chapter and must have had at least
five (5) years of experience as a chiropractor prior to their appointment.
One (1) member is to represent the general public and must be:
(1) a resident of this state; and
(2) in no way associated with the profession of chiropractic other
than as a consumer.
(b) All members shall be appointed for a term of three (3) years and
serve until their successors are appointed and qualified. A vacancy
occurring on the board shall be filled by the governor by appointment.
Each appointed member shall serve for the unexpired term of the
vacating member.
(c) The members of the board are entitled to the minimum salary per
diem provided by IC 4-10-11-2.1(b). Members are also entitled to
reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by the
Indiana department of administration and approved by the budget
agency.
(d) The members of the board shall organize by the election of a
chairman and a vice chairman from among its membership. The
officers serve for a term of one (1) year. The board shall meet at least
once each year and on other occasions as it considers necessary and
advisable. A meeting of the board may be called by its chairman or by
a majority of the members on the board. Four (4) members of the board
constitute a quorum for the transaction of business. All decisions are
required to be made by a majority vote of the quorum.
(e) The bureau shall provide a secretary of the board and other
personnel necessary for the proper performance of the board's duties
and responsibilities under this chapter. The board, through the bureau,
shall receive and account for all money collected under this chapter and
pay the money to the treasurer of state to be deposited by the treasurer
in the general fund of the state.
(f) The board may do the following:
(1) Establish reasonable application, examination, and renewal
procedures for certification under this chapter.
(2) Use an examination under this chapter that is designed by the
board, designed by another person, or designed in part by the board
and in part by another person.
(3) Conduct in the manner prescribed by the board examinations of
applicants for certification under this chapter. The board may
conduct any part of the examinations through a person other than
the bureau who is approved by the board. The bureau may conduct
any part of the examinations under IC 25-1-5-4.
(4) Issue, deny, suspend, revoke, and renew certificates.
(5) Subject to IC 25-1-7, investigate and conduct hearings, upon
complaint against individuals certified or not certified under this
chapter, concerning alleged violation of this chapter with hearings
to be conducted in accordance with IC 4-21.5.
(6) Initiate the prosecution and enjoinder of a person violating this
chapter.
(7) Adopt rules necessary for the proper performance of the
board's duties, in accordance with IC 4-22-2.
(8) Maintain a current list of individuals certified under this chapter.
(9) Establish a code of professional conduct.
(10) Adopt rules under IC 4-22-2 to allow chiropractors licensed
under this chapter to delegate the manual manipulation, manual
adjustment, or manual mobilization of the spinal column or the
vertebral column under section 14(c)(4) 14(d)(4) of this chapter.
(11) Adopt rules under IC 4-22-2 establishing standards for the
registration and regulation of chiropractic management consultants
(as defined by the board under IC 25-10-2).
(12) Set fees for the annual registration of a chiropractic
management consultant under IC 25-10-2.
(g) The board shall adopt rules establishing standards for the
competent practice of the science of the chiropractic in accordance
with IC 4-22-2.
(h) All expenses incurred in the administration of this chapter shall be
paid from the state general fund upon appropriation being made in the
manner provided by law for the making of appropriations.
SOURCE: IC 25-10-1-14; (04)CC115104.2. -->
SECTION 2. IC 25-10-1-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 14. (a) This section
applies to all persons, including persons listed in IC 25-22.5-1-2.
(b) As used in this section, "manual adjustment" means a
manual or mechanical intervention that may have velocity, lever,
amplitude, or recoil and that:
(1) may carry a joint complex beyond the normal physiological
range of motion;
(2) is applied without exceeding the boundaries of anatomical
integrity of the joint complex or other articulations; and
(3) is intended to result in a cavitation of the joint or a
reduction of a subluxation.
(c) A person may manually manipulate, manually adjust, or manually
mobilize the spinal column or the vertebral column of an individual only
if the person is:
(1) a chiropractor who has been issued a license under this chapter;
(2) a physician who has been issued an unlimited license to practice
medicine under IC 25-22.5; or
(3) an osteopathic physician who has been issued a license to
practice osteopathic medicine under IC 25-22.5.
(c) (d) A person may not delegate the manual manipulation, manual
adjustment, or manual mobilization of the spinal column or the vertebral
column of an individual to another person, unless the other person is:
(1) licensed as a chiropractor under this chapter;
(2) licensed as a physician with an unlimited license to practice
medicine under IC 25-22.5;
(3) licensed as an osteopathic physician with a license to practice
osteopathic medicine under IC 25-22.5;
(4) a student in the final year of course work at an accredited
chiropractic school participating in a preceptorship program and
working under the direct supervision of a chiropractor licensed
under this chapter; or
(5) a graduate of a chiropractic school who holds a valid temporary
permit issued under section 5.5 of this chapter.
(d) (e) If a violation of subsection (b) or (c) or (d) is being
committed:
(1) the board in its own name;
(2) the board in the name of the state; or
(3) the prosecuting attorney of the county in which the violation
occurs, at the request of the board and in the name of the state;
may apply for an order enjoining the violation from the circuit court of
the county in which the violation occurs.
(e) (f) Upon a showing that a person has violated subsection (b) or
(c) or (d), the court may grant without bond an injunction, a restraining
order, or other appropriate order.
(f) This section does not apply to a physical therapist practicing under
IC 25-27. However, a physical therapist may not practice chiropractic
(as defined in IC 25-10-1-1) or medicine (as defined in
IC 25-22.5-1-1.1) unless licensed to do so.
SOURCE: IC 25-27-1-1; (04)CC115104.3. -->
SECTION 3. IC 25-27-1-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 1. For the purposes of this chapter:
(1) "Physical therapy" means the evaluation of, administration of,
or instruction in physical rehabilitative and habilitative techniques,
manual therapy, and procedures to evaluate, prevent, correct,
treat, alleviate, and limit physical disability, pathokinesiological
function, bodily malfunction, pain from injury, disease, and any
other physical disability or mental disorder, including:
(A) the use of physical measures, agents, and devices for
preventive and therapeutic purposes;
(B) neurodevelopmental procedures;
(C) the performance, interpretation, and evaluation of physical
therapy tests and measurements; and
(D) the provision of consultative, educational, and other advisory
services for the purpose of preventing or reducing the incidence
and severity of physical disability, bodily malfunction, and pain.
(2) "Physical therapist" means a person who practices physical
therapy as defined in this chapter.
(3) "Physical therapist's assistant" means a person who assists in
the practice of physical therapy as defined in this chapter.
(4) "Board" refers to the medical licensing board.
(5) "Committee" refers to the Indiana physical therapy committee
established under section 4 of this chapter.
(6) "Person" means an individual.
(7) "Manual therapy" means a group of techniques comprising
a continuum of skilled passive movements to the joints or
related soft tissues throughout the normal range of
physiological motion that are applied at varying speeds and
amplitudes without engaging in a technique that is intended
to result in a cavitation of the joint or a reduction of a
subluxation.
(8) "Sharp debridement" means the removal of foreign
material or dead tissue from or around a wound, without
anesthesia and with generally no bleeding, through the use of:
(A) a sterile scalpel;
(B) scissors;
(C) forceps;
(D) tweezers; or
(E) other sharp medical instrument;
in order to expose healthy tissue, prevent infection, and to
promote healing.
SOURCE: IC 25-27-1-2; (04)CC115104.4. -->
SECTION 4. IC 25-27-1-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 2. (a) Except as otherwise provided
in this chapter, it is unlawful for a person to practice physical therapy
or to profess to be a physical therapist, physiotherapist, or physical
therapy technician or to use the initials "P.T.", "P.T.T.", or "R.P.T.", or
any other letters, words, abbreviations, or insignia indicating that the
person is a physical therapist, or to practice or to assume the duties
incident to physical therapy without first obtaining from the board a
license authorizing the person to practice physical therapy in this state.
(b) Except as provided under section 2.5 of this chapter, it is
unlawful for a person to practice physical therapy other than upon the
order or referral of a physician, podiatrist, psychologist (only as
allowed under subsection (e)), chiropractor, or dentist holding an
unlimited license to practice medicine, podiatric medicine, psychology,
chiropractic, or dentistry, respectively. It is unlawful for a physical
therapist to use the services of a physical therapist's assistant except as
provided under this chapter. For the purposes of this subsection, the
function of:
(1) teaching;
(2) doing research;
(3) providing advisory services; or
(4) conducting seminars on physical therapy;
is not considered to be a practice of physical therapy.
(c) Except as otherwise provided in this chapter, it is unlawful for a
person to act as a physical therapist's assistant or to use initials, letters,
words, abbreviations, or insignia indicating that the person is a physical
therapist's assistant without first obtaining from the board a certificate
authorizing the person to act as a physical therapist's assistant. It is
unlawful for the person to act as a physical therapist's assistant other
than under the direct supervision of a licensed physical therapist who
is in responsible charge of a patient or under the direct supervision of
a physician. However, nothing in this chapter prohibits a person
licensed or registered in this state under another law from engaging in
the practice for which the person is licensed or registered. These
exempted persons include persons engaged in the practice of
osteopathy, chiropractic, or podiatric medicine.
(d) Except as provided in section 2.5 of this chapter, this chapter
does not authorize a person who is licensed as a physical therapist or
certified as a physical therapist's assistant to:
(1) evaluate any physical disability or mental disorder except upon
the order or referral of a physician, podiatrist, psychologist,
chiropractor, or dentist;
(2) practice medicine, surgery (as described in
IC 25-22.5-1-1.1(a)(1)(C)), dentistry, optometry, osteopathy,
psychology, chiropractic, or podiatric medicine; or
(3) prescribe a drug or other remedial substance used in medicine.
(e) A psychologist may refer a patient to a physical therapist
under this chapter only for treatment directly related to a
condition:
(1) for which the psychologist is treating the individual; and
(2) that is under the psychologist's scope of practice described
in IC 25-33-1.
SOURCE: IC 25-27-1-2.5; (04)CC115104.5. -->
SECTION 5. IC 25-27-1-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]: Sec. 2.5. A physical therapist may provide subsequent
treatment to an individual who was previously referred to the
physical therapist for the same condition if the referral is not
more than twelve (12) months before the date the individual
requests subsequent treatment from the physical therapist. The
physical therapist shall consult with the individual's original
referring provider not later than three (3) days after the physical
therapist provides treatment to the individual under this section.
SOURCE: IC 25-27-1-3.5; (04)CC115104.6. -->
SECTION 6. IC 25-27-1-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]: Sec. 3.5. (a) This section applies to a physical therapist
who has at least one (1) year experience in the actual practice of
physical therapy as a licensed physical therapist.
(b) If an individual does not meet the requirements set forth in
section 2.5 of this chapter, a physical therapist may evaluate the
individual without a referral from a provider described in section
2(b) of this chapter. However, the physical therapist shall contact
the individual's appropriate provider for a referral not later than
three (3) business days after the physical therapist evaluates the
individual but before the physical therapist provides treatment to
the individual.
(c) Notwithstanding section 2.5 of this chapter, a physical
therapist may not perform sharp debridement unless the physical
therapist performing the sharp debridement is acting upon the
order of a physician licensed under:
(1) IC 25-22.5; or
(2) IC 25-29.
SOURCE: IC 25-1-6-1. -->
SECTION 1. IC 25-1-6-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 1. (a) By enactment of
this chapter, the general assembly intends that, with the exception of the
director, the staff of the Indiana professional licensing agency be
comprised initially from among persons employed by the boards to
which this chapter applies, and that no increase in the aggregate number
of persons so employed be allowed by the state personnel department
and the state budget agency except to comply with the provisions of
this chapter.
(b) It is the further intent of the general assembly that The
centralization of staff, functions, and services contemplated by this
chapter shall be done in such a way as to enhance the licensing
agency's ability to:
(1) make maximum use of data processing as a means of more
efficient operation;
(2) provide more services and carry out functions of superior
quality; and
(3) ultimately and significantly reduce the number of staff needed
to provide these services and carry out these functions.
SOURCE: IC 25-1-6-3; (04)SB0307.1.2. -->
SECTION 2. IC 25-1-6-3, AS AMENDED BY P.L.145-2003,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 3. (a) There is established the Indiana professional
licensing agency. The licensing agency shall perform all administrative
functions, duties, and responsibilities assigned by law or rule to the
executive director, secretary, or other statutory administrator of the
following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects
(IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(4) State board of barber examiners (IC 25-7-5-1).
(5) State boxing commission (IC 25-9-1).
(6) State board of cosmetology examiners (IC 25-8-3-1).
(7) State board of funeral and cemetery service (IC 25-15-9).
(8) State board of registration for professional engineers
(IC 25-31-1-3).
(9) Indiana plumbing commission (IC 25-28.5-1-3).
(10) Indiana real estate commission (IC 25-34.1).
(11) Real estate appraiser licensure and certification board
(IC 25-34.1-8-1).
(12) Private detectives licensing board (IC 25-30-1-5.1).
(13) State board of registration for land surveyors
(IC 25-21.5-2-1).
(14) Manufactured home installer licensing board (IC 25-23.7).
(15) Home inspectors licensing board (IC 25-20.2-3-1).
(b) Except for appeals of denials of license renewals to the executive
director authorized by section 5.5 of this chapter, Nothing in this
chapter may be construed to give the licensing agency policy making
authority, which remains with each board.
SOURCE: IC 25-1-6-4; (04)SB0307.1.3. -->
SECTION 3. IC 25-1-6-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 4. (a) The licensing agency shall
employ necessary staff, including specialists and professionals, to carry
out the administrative duties and functions of the boards, including but
not limited to:
(1) notice of board meetings and other communication services;
(2) recordkeeping of board meetings, proceedings, and actions;
(3) recordkeeping of all persons or individuals licensed, regulated,
or certified by a board;
(4) administration of examinations; and
(5) administration of license or certificate issuance or renewal.
(b) In addition, the licensing agency:
(1) shall prepare a consolidated statement of the budget requests of
all the boards in section 3 of this chapter;
(2) may coordinate licensing or certification renewal cycles,
examination schedules, or other routine activities to efficiently
utilize licensing agency staff, facilities, and transportation
resources, and to improve accessibility of board functions to the
public; and
(3) may consolidate, where feasible, office space, recordkeeping,
and data processing services.
(4) shall, upon written request, furnish at cost to any person a list
of the names and addresses of persons holding a license or permit
issued by one (1) of the boards listed in section 3 of this chapter.
(c) In administering the renewal of licenses or certificates under this
chapter, the licensing agency shall issue a sixty (60) day notice of
expiration to all holders of a license or certificate. The notice
shall be
accompanied by appropriate renewal forms. must inform the holder
of a license or certificate of the requirements to:
(1) renew the license or certificate; and
(2) pay the renewal fee.
(d) If the licensing agency fails to send notice of expiration
under subsection (c), the holder of the license or certificate is not
subject to a sanction for failure to renew if the holder renews the
license or certificate within forty-five (45) days after the holder
receives the notice from the licensing agency.
(e) The licensing agency may require an applicant for a license
or certificate renewal to submit evidence showing that the
applicant:
(1) meets the minimum requirements for licensure or
certification; and
(2) is not in violation of:
(A) the law regulating the applicant's profession; or
(B) rules adopted by the board regulating the applicant's
profession.
(f) The licensing agency may delay renewing a license or
certificate for not more than ninety (90) days after the renewal
date to permit the board to investigate information received by
the licensing agency that the applicant for renewal may have
committed an act for which the applicant may be disciplined. If the
licensing agency delays renewing a license or certificate, the
licensing agency shall notify the applicant that the applicant is
being investigated. Except as provided in subsection (g), the board
shall do one (1) of the following before the expiration of the ninety
(90) day period:
(1) Deny renewal of the license or certificate following a
personal appearance by the applicant before the board.
(2) Renew the license or certificate upon satisfaction of all
other requirements for renewal.
(3) Renew the license and file a complaint under IC 25-1-7.
(4) Request the office of the attorney general to conduct an
investigation under subsection (h) if, following a personal
appearance by the applicant before the board, the board has
good cause to believe that the applicant engaged in activity
described in IC 25-1-11-5.
(5) Upon agreement of the applicant and the board and
following a personal appearance by the applicant before the
board, renew the license or certificate and place the applicant
on probation status under IC 25-1-11-12.
(g) If an applicant fails to appear before the board under
subsection (f), the board may take action as provided in subsection
(f)(1), (f)(2), or (f)(3).
(h) If the board makes a request under subsection (f)(4), the
office of the attorney general shall conduct an investigation. Upon
completion of the investigation, the office of the attorney general
may file a petition alleging that the applicant has engaged in
activity described in IC 25-1-11-5. If the office of the attorney
general files a petition, the board shall set the matter for a
hearing. If, after a hearing, the board finds the practitioner
violated IC 25-1-11-5, the board may impose sanctions under
IC 25-1-11-12. The board may delay renewing a license or
certificate beyond ninety (90) days after the renewal date until a
final determination is made by the board. The applicant's license
or certificate remains valid until the final determination of the
board is rendered unless the renewal is:
(1) denied; or
(2) summarily suspended under IC 25-1-11-13.
(i) The license or certificate of the applicant for license renewal
remains valid during the ninety (90) day period unless the license
is denied following a personal appearance by the applicant before
the board before the end of the ninety (90) day period. If the
ninety (90) day period expires without action by the board, the
license or certificate shall be automatically renewed at the end of
the ninety (90) day period.
(j) Notwithstanding any other statute, the licensing agency may
stagger license or certificate renewal cycles.
(k) An application for a license or certificate or registration is
abandoned without an action by the board if the applicant does not
complete the requirements within one (1) year after the date on
which the application was filed. However, the board may, for good
cause shown, extend the validity of the application for additional
thirty (30) day periods. An application submitted after the
abandonment of an application is considered a new application.
SOURCE: IC 25-1-6-5; (04)SB0307.1.4. -->
SECTION 4. IC 25-1-6-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 5. (a) The licensing agency shall be
administered by an executive director appointed by the governor who
shall serve at the will and pleasure of the governor.
(b) The executive director must be qualified by experience and
training.
(c) The term "executive director" or "secretary", or any other
statutory term for the administrative officer of a board listed in section
3 of this chapter, means the executive director of the licensing agency
or his the executive director's designee.
(d) The executive director is the chief fiscal officer of the licensing
agency and is responsible for hiring of all staff and for procurement of
all services and supplies in accordance with IC 5-22. The executive
director and the employees of the licensing agency are subject to
IC 4-15-1.8 but are not under IC 4-15-2. The executive director may
appoint no more than three (3) deputy directors, who must be qualified
to work for the boards which are served by the licensing agency.
(e) The executive director shall execute a bond payable to the state,
with surety to consist of a surety or guaranty corporation qualified to
do business in Indiana, in an amount fixed by the state board of
accounts, conditioned upon the faithful performance of duties and the
accounting for all money and property that come into the executive
director's hands or under the executive director's control. The executive
director may likewise cause any employee of the licensing agency to
execute a bond if that employee receives, disburses, or in any way
handles funds or property of the licensing agency. The costs of any
such bonds shall be paid from funds available to the licensing agency.
(f) The executive director may present to the general assembly
legislative recommendations regarding operations of the licensing
agency and the boards it serves, including adoption of four (4) year
license or certificate renewal cycles wherever feasible.
(g) Upon the request of a board or commission, the executive
director may execute orders, subpoenas, continuances, and other
legal documents on behalf of the board or commission.
(h) Upon request of a board or commission, the executive
director or the executive director's designee may provide advice
and technical assistance on issues that may be presented to a
board or a commission.
SOURCE: IC 25-1-8-7; (04)SB0307.1.6. -->
SECTION 6. IC 25-1-8-7 IS ADDED TO THE INDIANA CODE AS
A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2004]: Sec. 7. (a) As used in this section, "board" includes the
entities listed in IC 25-1-6-3.
(b) Notwithstanding any other law regarding fees for
reinstatement or restoration of a delinquent or lapsed license or
certificate, a practitioner who holds a delinquent or lapsed license,
certificate, or registration that was issued by the board must pay:
(1) the fee established by the board under section 2 of this
chapter; and
(2) a reinstatement fee established by the licensing agency.
(c) The holder shall complete all other requirements for
reinstatement or restoration of the license, certificate, or
registration that are:
(1) provided for in statute or rule; and
(2) not related to fees.
(d) This section does not apply to a license, certificate, or
registration if one (1) the following applies:
(1) The license, certificate, or registration has been revoked
or suspended.
(2) A statute specifically does not allow a license, certificate,
or registration to be reinstated or restored.
SOURCE: IC 25-1-11-10; (04)SB0307.1.7. -->
SECTION 7. IC 25-1-11-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 10. The board may
order a practitioner to submit to a reasonable physical or mental
examination, at the practitioner's own expense, if the practitioner's
physical or mental capacity to practice safely and competently is at
issue in a disciplinary proceeding.
SOURCE: IC 25-1-11-18; (04)SB0307.1.8. -->
SECTION 8. IC 25-1-11-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 18. A practitioner who
has been subjected to disciplinary sanctions may be required by a board
to pay the costs of the proceeding. The practitioner's ability to pay shall
be considered when costs are assessed. If the practitioner fails to pay
the costs, a suspension may not be imposed solely upon the
practitioner's inability to pay the amount assessed. These costs are
limited to costs for the following:
(1) Court reporters.
(2) Transcripts.
(3) Certification of documents.
(4) Photo duplication.
(5) Witness attendance and mileage fees.
(6) Postage.
(7) Expert witnesses.
(8) Depositions.
(9) Notarizations.
(10) Administrative law judges.
SOURCE: IC 25-1-11-19; (04)SB0307.1.9. -->
SECTION 9. IC 25-1-11-19 IS ADDED TO THE CODE AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]:
Sec. 19. (a) The board may refuse to issue a license or may issue
a probationary license to an applicant for licensure if:
(1) the applicant has:
(A) been disciplined by a licensing entity of another state or
jurisdiction; or
(B) committed an act that would have subjected the
applicant to the disciplinary process if the applicant had
been licensed in Indiana when the act occurred; and
(2) the violation for which the applicant was, or could have
been, disciplined has a direct bearing on the applicant's ability
to competently practice the profession in Indiana.
(b) When the board issues a probationary license, the board may
require a licensee to do any of the following:
(1) Report regularly to the board upon the matters that are
the basis of the discipline of the other state or jurisdiction.
(2) Limit practice to the areas prescribed by the board.
(3) Continue or renew professional education requirements.
(4) Engage in community restitution or service without
compensation for the number of hours specified by the board.
(5) Perform or refrain from performing an act that the board
considers appropriate to the public interest or to the
rehabilitation or treatment of the applicant.
(c) The board shall remove any limitations placed on a
probationary license under this section if the board finds after a
hearing that the deficiency that required disciplinary action has
been remedied.
SOURCE: IC 25-1-11-20; (04)SB0307.1.10. -->
SECTION 10. IC 25-1-11-20 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]: Sec. 20. The board may require an applicant for licensure
to appear before the board before issuing a license.
SOURCE: IC 25-4-1-6; (04)SB0307.1.11. -->
SECTION 11. IC 25-4-1-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 6. Any person desiring to engage or
continue in the practice of architecture, in this state, shall apply to the
board for a certificate of registration authorizing such person so to do,
and shall submit evidence to the board that he is qualified to engage or
continue in the practice of architecture, in compliance with the
requirements of this chapter. The application for a certificate of
registration shall be made on a form which shall be prescribed and
furnished by the board, shall be verified and shall be accompanied by
the prescribed fee. The board shall establish fees under IC 25-1-8-2.
SOURCE: IC 25-4-1-14; (04)SB0307.1.12. -->
SECTION 12. IC 25-4-1-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 14. (a) Every registered
architect who continues in active practice shall, biennially, on or before
November 2, the date established by the licensing agency under
IC 25-1-6-4, renew the registered architect's certificate of registration
and pay the required renewal fee.
Every license or certificate of
registration that has not been renewed during the month of November
in any year expires on December 1 in that year. A registered architect
whose certificate of registration has expired may have the certificate
restored only upon payment of the required
restoration fee fees under
IC 25-1-8-7.
(b) Subject to subsection (c), any architect registered or licensed in
this state who has failed to renew the architect's certificate of
registration for a period of not more than five (5) years may have the
certificate renewed at any time within a period of five (5) years after the
registration expired upon:
(1) making application to the board for renewal of the registration;
and
(2) paying a
renewal fee
equal to the sum of the renewal fees that
the applicant would have paid if the applicant had regularly renewed
the required under IC 25-1-8-7.
(c) If any registered architect desires to retire from the practice of
architecture in Indiana, the architect may submit to the board the
architect's verified statement of intention to withdraw from practice.
The statement shall be entered upon the records of the board. During
the period of the architect's retirement, the architect is not liable for any
renewal or restoration fees. If any retired architect desires to return to
the practice of architecture in Indiana within a period of five (5) years
from the date that the architect files a statement under this subsection,
the retired architect must:
(1) file with the board a verified statement indicating the architect's
desire to return to the practice of architecture; and
(2) pay
(A) a renewal fee equal to the fee set by the board to renew an
unexpired registration under this chapter. if the retired architect's
registration is renewed for one (1) year or more in a biennial
renewal cycle established under subsection (a); or
(B) a renewal fee equal to one-half (1/2) the fee set by the board
to renew an unexpired registration under this chapter, if the
retired architect's registration is renewed for less than one (1)
year in a biennial renewal cycle established under subsection (a).
SOURCE: IC 25-4-1-16; (04)SB0307.1.13. -->
SECTION 13. IC 25-4-1-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 16. (a) The fee to be
paid by an applicant for an examination to determine his fitness to
receive a certificate of registration as a registered architect, shall be
twenty-five dollars ($25.00). established by the board under
IC 25-1-8-2.
(b) The fee to be paid by an applicant for a certificate of registration
as a registered architect shall be twenty-five dollars ($25.00).
established by the board under IC 25-1-8-2.
(c) The fee to be paid for the restoration of an expired certificate of
registration as a registered architect shall be one dollar ($1.00) after the
certificate has been in default for one (1) month, and an additional one
dollar ($1.00) for each succeeding month or fraction thereof of such
default but not exceeding a maximum restoration fee of ten dollars
($10.00). Such established under IC 25-1-8-7. The restoration fee
shall be in addition to all unpaid renewal fees.
(d) The fee to be paid upon renewal of a certificate of registration
shall be fifteen dollars ($15.00). established by the board under
IC 25-1-8-2.
(e) The fee to be paid by an applicant for a certificate of registration
who is an architect registered or licensed under the laws of another
state or territory of the United States, or of a foreign country or
province, shall be twenty-five dollars ($25.00). established by the
board under IC 25-1-8-2.
SOURCE: IC 25-4-2-3; (04)SB0307.1.14. -->
SECTION 14. IC 25-4-2-3, AS AMENDED BY P.L.82-2000,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 3. (a) To qualify for registration as a landscape
architect, an applicant must:
(1) submit evidence that the applicant is an individual who is at least
eighteen (18) years of age;
(2) submit evidence that the applicant has:
(A) graduated from an accredited curriculum of landscape
architecture presented by a college or school approved by the
board; or
(B) attained before January 1, 2003, at least eight (8) years of
actual practical experience in landscape architectural work of a
grade and character satisfactory to the board;
(3) submit evidence that the applicant has paid the examination fee
and the license application fee set by the board;
(4) provide an affidavit that indicates that the applicant does not
have a conviction for:
(A) an act that would constitute a ground for disciplinary action
under IC 25-1-11; or
(B) a felony that has a direct bearing on his ability to practice
competently;
(5) pass the examination required by the board under section 4 of
this chapter after meeting the requirements in subdivisions (1)
through (4); and
(6) submit evidence that the applicant has at least three (3) years of
diversified, actual, and practical experience in landscape
architectural work of a grade and character satisfactory to the
board.
(b) The board shall issue a certificate of registration under this
chapter to an applicant who meets the requirements in this section.
SOURCE: IC 25-6.1-3-2; (04)SB0307.1.15. -->
SECTION 15. IC 25-6.1-3-2, AS AMENDED BY P.L.23-2003,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 2. (a) Every individual, before acting as an
auctioneer, must obtain a license from the commission.
(b) An applicant for a license must:
(1) be at least eighteen (18) years of age;
(2) have completed at least eighty (80) actual hours of auction
instruction from a course provider approved by the commission;
(3) not have a conviction for:
(A) an act which would constitute a ground for disciplinary
sanction under IC 25-1-11; or
(B) a felony that has a direct bearing on the applicant's ability to
practice competently.
(c) Auction instruction required under subsection (b) must provide
the applicant with knowledge of all of the following:
(1) The value of real estate and of various goods commonly sold
at an auction.
(2) Bid calling.
(3) Sale preparation, sale advertising, and sale summary.
(4) Mathematics.
(5) The provisions of this article and the commission's rules.
(6) Any other subject matter approved by the commission.
(d) An individual seeking an initial license as an auctioneer under this
article shall file with the commission a completed application on the
form prescribed by the commission. When filing an initial application
for an auctioneer license, each individual shall:
(1) pay a nonrefundable examination fee
of thirty-five dollars ($35)
established by the commission under IC 25-1-8-2; and
(2) pay a surcharge under IC 25-6.1-8 for deposit in the auctioneer
recovery fund.
(e) When filing an application applying for a renewal of an auctioneer
license, each individual shall do the following:
(1) File with the commission a completed application on the form
prescribed Apply in a manner required by the commission,
including certification by the applicant that the applicant has
complied with the requirements of IC 25-6.1-9-8, unless the
commission has granted the applicant a waiver under
IC 25-6.1-9-9.
(2) Pay the license fee prescribed by section 5 of this chapter.
(f) Upon the receipt of a completed application for an initial or a
renewal license, the commission shall examine the application and verify
the information contained therein.
(g) An applicant who is seeking an initial license must pass an
examination prepared and administered by the commission. The
commission shall hold examinations as the commission may prescribe.
The examination for an auctioneer's license shall include questions on
the applicant's:
(1) ability to read and write;
(2) knowledge of the value of real estate and of various goods
commonly sold at an auction;
(3) knowledge of calling;
(4) knowledge of sale preparation, sale advertising, and sale
summary;
(5) knowledge of mathematics; and
(6) knowledge of the provisions of this article and the
commission's rules.
(h) The commission shall issue an auctioneer's license, in such form
as it may prescribe, to each individual who meets all of the requirements
for licensing and pays the appropriate fees.
(i) Auctioneer licenses shall be issued for a term of four (4) years. A
license expires at midnight, February 28, 2004, and every fourth year
thereafter, unless renewed before that date. If the license has expired,
it may be reinstated not more than one (1) year after the date it expired
upon the payment of the renewal fee plus the sum of twenty-five dollars
($25) reinstatement fee established under IC 25-1-8-7 and
submission of proof that the applicant has complied with the continuing
education requirement. If the license has expired for a period of more
than one (1) year, the person must file an application and take the
required examination. However, an applicant for restoration of an
expired license is not required to complete the initial eighty (80) hour
education requirement under this section in order to restore the expired
license. The holder of an expired license shall cease to display the
original wall certificate at the holder's place of business and shall return
the wall certificate to the commission upon notification by the
commission of the expiration of the holder's license.
(j) The commission may waive the requirement that a nonresident
applicant pass an examination and that the nonresident submit written
statements by two (2) individuals, if the nonresident applicant:
(1) is licensed to act as an auctioneer in the state of the applicant's
domicile;
(2) submits with the application a duly certified letter of
certification issued by the licensing board of the applicant's
domiciliary state;
(3) is a resident of a state whose licensing requirements are
substantially equal to the requirements of Indiana;
(4) is a resident of a state that grants the same privileges to the
licensees of Indiana; and
(5) includes with the application an irrevocable consent that actions
may be commenced against the applicant. The consent shall
stipulate that service of process or pleadings on the commission
shall be taken and held in all courts as valid and binding as if service
of process had been made upon the applicant personally within this
state. If any process or pleading mentioned in this subsection is
served upon the commission, it shall be by duplicate copies. One
(1) of the duplicate copies shall be filed in the office of the
commission and one (1) shall be immediately forwarded by the
commission by registered or certified mail to the applicant against
whom the process or pleadings are directed.
(k) The commission may enter into a reciprocal agreement with
another state concerning nonresident applicants.
(l) The commission may, for good cause shown, upon the receipt of
an application for a license, issue a temporary permit for such
reasonable period of time, not to exceed one (1) year, as the
commission deems appropriate. A temporary permit has the same effect
as a license and entitles and subjects the permittee to the same rights
and obligations as if the individual had obtained a license.
(m) An applicant for a temporary permit must do the following:
(1) File an examination application.
(2) Pass the examination at one (1) of the next two (2) regularly
scheduled examinations.
(n) An individual who does not pass the examination required under
subsection (m) may not be issued a temporary permit.
SOURCE: IC 25-6.1-3-5; (04)SB0307.1.16. -->
SECTION 16. IC 25-6.1-3-5, AS AMENDED BY P.L.23-2003,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 5. (a) At the time of obtaining a license under this
chapter, the licensee shall pay the license fee prescribed by this section
established by the commission under IC 25-1-8-2.
(b) The fee for the license issued to any person, auction company, or
auction house during each licensing period is seventy dollars ($70).
(c) The commission may adopt rules that provide for the payment of
a proportionate amount of the licensing fee if a license will be issued for
less than the full term of the license.
SOURCE: IC 25-6.1-3-8; (04)SB0307.1.17. -->
SECTION 17. IC 25-6.1-3-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 8. (a) The commission
may charge the fee established under IC 25-1-8-2 as the cost of
providing duplicate licenses to replace lost or destroyed licenses.
(b) The commission may charge
five dollars ($5) as the a fee
established under IC 25-1-8-2 for the cost of certified copies of
licenses, which may include certified copies of a type and size which
can be easily carried on the person of the licensee.
SOURCE: IC 25-7-6-1; (04)SB0307.1.18. -->
SECTION 18. IC 25-7-6-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 1. (a) If the board determines that:
(1) a person possesses a valid license from another jurisdiction to
perform acts that require a license under this article; and
(2) the jurisdiction issuing the license imposes substantially
equivalent requirements on applicants for the license as are imposed
on applicants for an Indiana license;
the board may issue a license to perform those acts in Indiana to the
person upon payment of the fee required under 816 IAC 1-3-1.
established by the board under IC 25-1-8-2.
(b) This subsection applies only to applications for a barber license
under IC 25-7-10. If the jurisdiction issuing the license does not impose
substantially equivalent requirements as required under subsection
(a)(2), the board may approve a combination of education hours plus
actual licensed practice in the other jurisdiction when issuing a license
to a person from that jurisdiction. One (1) year of licensed practice is
equal to one hundred (100) hours of education to an applicant who has
completed a minimum of one thousand (1,000) hours of education.
SOURCE: IC 25-7-6-14; (04)SB0307.1.19. -->
SECTION 19. IC 25-7-6-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 14. An expired barber
license may be restored reinstated by payment of the restoration fee
plus all unpaid reinstatement and renewal fees required under
IC 25-1-8-2 and IC 25-1-8-7 within five (5) years of the expiration
date of the license. After five (5) years from the date that a barber
license expires under this section, the person whose license has expired
may restore the license only by:
(1) applying for restoration reinstatement of the license;
(2) paying the fee fees set forth under IC 25-7-11 and
IC 25-1-8-7; and
(3) taking the same examination required under IC 25-7-10 for an
applicant for a license to practice as a registered barber.
SOURCE: IC 25-7-11-2; (04)SB0307.1.20. -->
SECTION 20. IC 25-7-11-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 2. (a) The board shall
charge a fee of three hundred dollars ($300) for an application to issue
or renew a barber school license. adopt rules under IC 4-22-2 to
establish fees for the application, issuance, and renewal of barber
school licenses under IC 25-1-8-2.
(b) In addition to the fee charged under subsection (a), the board shall
charge a fee for restoring reinstating a barber school license under
IC 25-1-8-7.
(c) The fee charged under subsection (b) shall be determined by the
date that the applicant applies for the restoration of the license as
follows:
Number of days following
expiration of license Fee
0-30
$0
31-180
$150
181-191
$200
(d) The fee charged under subsection (b) shall be accompanied by
all unpaid renewal fees.
(e) (c) A barber school license may not be restored reinstated if at
least one hundred ninety-two (192) days have passed since the license
expired. However, the barber school may obtain a new license by:
(1) making application;
(2) meeting the requirements for licensure; and
(3) paying a fee of four hundred dollars ($400). established by
the board.
SOURCE: IC 25-7-11-3; (04)SB0307.1.21. -->
SECTION 21. IC 25-7-11-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 3. (a) The board shall
charge a fee of forty dollars ($40) to issue or renew an instructor
license.
(b) To restore an expired barber instructor license, the board shall
charge a fee of seventy-five dollars ($75) plus all unpaid renewal fees.
(c) The board shall charge a fee of fifty dollars ($50) for providing
an examination to an applicant for a barber instructor license. adopt
rules under IC 4-22-2 to establish fees related to an instructor's
license under IC 25-1-8-2.
SOURCE: IC 25-7-11-4; (04)SB0307.1.22. -->
SECTION 22. IC 25-7-11-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 4. (a) The board shall
charge a fee of forty dollars ($40) for issuing or renewing a barber
shop license.
(b) The board shall charge a fee for restoring a barber shop license
that shall be determined by the date that the applicant applies for the
restoration of the license as follows:
Number of days following
expiration of license Fee
0-30
$ 10
31-180 $ 50
181-191 $100
(c) The fee charged under subsection (b) shall be accompanied by
all unpaid renewal fees. adopt rules under IC 4-22-2 to establish fees
related to barber shop licenses under IC 25-1-8-2.
(d) (b) A barber shop license may not be restored if at least one
hundred ninety-two (192) days have passed since the license expired.
However, the barber shop may obtain a new license by:
(1) making application;
(2) meeting the requirements for licensure; and
(3) paying a fee of one hundred forty dollars ($140). the fees
established under IC 25-1-8-2 and IC 25-1-8-7.
SOURCE: IC 25-7-11-5; (04)SB0307.1.23. -->
SECTION 23. IC 25-7-11-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 5. (a) The board shall
charge a fee of at least thirty dollars ($30) and not more than fifty
dollars ($50) establish fees under IC 25-1-8-2 for providing an
examination to an applicant for a barber license.
(b) The board shall charge a fee of forty dollars ($40) establish
fees under IC 25-1-8-2 for issuing or renewing a barber license.
(c) The board shall charge a fee for restoring established under
IC 25-1-8-7 for reinstating a barber license. that shall be determined
by the date that the applicant applies for the restoration of the license as
follows:
Number of days following
expiration of license Fee
0-30
$ 10
31-181 $ 50
182-5 years $100
(d) The fee charged under subsection (c) shall be accompanied by
all unpaid renewal fees.
SOURCE: IC 25-7-11-6; (04)SB0307.1.24. -->
SECTION 24. IC 25-7-11-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 6. The board shall
charge establish a fee of ten dollars ($10) under IC 25-1-8-2 for
issuing a duplicate license.
SOURCE: IC 25-8-4-21; (04)SB0307.1.25. -->
SECTION 25. IC 25-8-4-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 21. Except as provided
in IC 25-8-9-11, the board may, upon application, restore reinstate a
license under this chapter that has expired if the person holding the
license:
(1) pays any unpaid renewal fees to the board; established by the
board under IC 25-1-8-2;
(2) pays the license restoration fee set forth in IC 25-8-13;
(3) complies with all requirements imposed by this article on an
applicant for an initial license to perform the acts authorized by the
license being restored reinstated, other than receiving a
satisfactory grade (as defined in section 9 of this chapter) on an
examination prescribed by the board; and
(4) fulfills the continuing education requirements under
IC 25-8-15.
SOURCE: IC 25-8-4-22; (04)SB0307.1.26. -->
SECTION 26. IC 25-8-4-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 22. (a) Except as
provided in subsection (b), the board may not restore reinstate a
license issued under this article if the person holding the license does
not petition for license renewal within three (3) years after the
expiration of the license, unless that person complies with section 23 of
this chapter.
(b) The board may not restore:
(1) a cosmetology salon license issued under IC 25-8-5;
(2) an electrology salon license issued under IC 25-8-7.2;
(3) an esthetician salon license issued under IC 25-8-12.6;
(4) a manicurist salon license issued under IC 25-8-7.1; or
(5) a cosmetology school license issued under IC 25-8-7;
unless the license holder submits an application for restoration of the
license within six (6) months after the date the license expired.
SOURCE: IC 25-8-4-23; (04)SB0307.1.27. -->
SECTION 27. IC 25-8-4-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 23. The board may
restore reinstate a license issued under this article held by a person
described in section 22(a) of this chapter if the applicant:
(1) receives a satisfactory grade (as defined in section 9 of this
chapter) on an examination prescribed by the board;
(2) pays the examination fee set forth in IC 25-8-13;
(3) pays the restoration reinstatement fee set forth in
IC 25-8-13; and
(4) complies with all requirements imposed by this article on an
applicant for an initial license to perform the acts authorized by the
license being restored.
SOURCE: IC 25-8-13-3; (04)SB0307.1.28. -->
SECTION 28. IC 25-8-13-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 3. (a) The board shall
charge a fee of four hundred dollars ($400) established by the board
under IC 25-1-8-2 for an application to issue or renew a cosmetology
school license.
(b) The board shall charge a fee for restoring a cosmetology school
license. The restoration fee shall be assessed in addition to the fee
charged for renewing the license. The fee must be determined
according to the date that the applicant applies for the restoration of the
license as follows:
Days Following
Expiration of License Fee
1- 30 $200
31- 180 300
More than 180 400
SOURCE: IC 25-8-13-4; (04)SB0307.1.29. -->
SECTION 29. IC 25-8-13-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 4. (a) The board shall
charge a fee of forty dollars ($40) established by the board under
IC 25-1-8-2 for issuing or renewing:
(1) a cosmetology instructor license;
(2) an esthetics instructor license; or
(3) an electrology instructor license.
(b) The board shall charge a fee established under IC 25-1-8-7 for
restoring reinstating an instructor license. The restoration fee shall be
assessed in addition to the fee charged for renewing the license. The fee
must be determined according to the date that the applicant applies for
the restoration of the license as follows:
Days Following
Expiration of License Fee
1- 30 $ 20
31- 180 30
More than 180 40
SOURCE: IC 25-8-13-5; (04)SB0307.1.30. -->
SECTION 30. IC 25-8-13-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 5. (a) The board shall
charge a fee of forty dollars ($40) established by the board under
IC 25-1-8-2 for issuing or renewing:
(1) a cosmetology salon license;
(2) an electrology salon license;
(3) an esthetic salon license; or
(4) a manicurist salon license.
(b) The board shall charge a fee as required under IC 25-1-8-7 for
restoring reinstating:
(1) a cosmetology salon license;
(2) an electrology salon license;
(3) an esthetic salon license; or
(4) a manicurist salon license.
(c) The fee charged under subsection (b) shall be determined by the
date that the applicant applies for the restoration of the license as
follows:
Days Following
Expiration of License Fee
0 - 30 $ 10
31 - 180 50
181 - 191 100
SOURCE: IC 25-8-13-6; (04)SB0307.1.31. -->
SECTION 31. IC 25-8-13-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 6. (a) The board shall
charge a fee of twenty-five dollars ($25) established by the board
under IC 25-1-8-2 for providing an examination to an applicant for a
master cosmetologist license.
(b) The board shall charge a fee of forty dollars ($40) established
by the board under IC 25-1-8-2 for issuing or renewing a master
cosmetologist license.
(c) The board shall charge a fee as required under IC 25-1-8-7 for
restoring reinstating a master cosmetologist license. The restoration
fee shall be assessed in addition to the fee charged for renewing the
license. The fee must be determined according to the date that the
applicant applies for the restoration of the license as follows:
Days Following
Expiration of License Fee
1- 30 $ 20
31- 180 30
More than 180 40
SOURCE: IC 25-8-13-7; (04)SB0307.1.32. -->
SECTION 32. IC 25-8-13-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 7. (a) The board shall
charge a fee of twenty dollars ($20) established by the board under
IC 25-1-8-2 for providing an examination to an applicant for a
cosmetologist license.
(b) The board shall charge a fee of forty dollars ($40) established
by the board under IC 25-1-8-2 for issuing or renewing a
cosmetologist license.
(c) The board shall charge a fee required under IC 25-1-8-7 for
restoring reinstating a cosmetologist license. The restoration fee shall
be assessed in addition to the fee charged for renewing the license. The
fee must be determined according to the date that the applicant applies
for the restoration of the license as follows:
Days Following
Expiration of License Fee
1- 30 $ 20
31- 180 30
More than 180 40
(d) The board shall charge a fee of one hundred dollars ($100)
established by the board under IC 25-1-8-2 for issuing an Indiana
cosmetologist license to a person who holds a license from another
jurisdiction that meets the requirements set forth in IC 25-8-4-2.
SOURCE: IC 25-8-13-8; (04)SB0307.1.33. -->
SECTION 33. IC 25-8-13-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 8. (a) The board shall
charge a fee of twenty-five dollars ($25) established by the board
under IC 25-1-8-2 for providing an examination to an applicant for an
electrologist license.
(b) The board shall charge a fee of forty dollars ($40) established
by the board under IC 25-1-8-2 for issuing or renewing an
electrologist license.
(c) The board shall charge a fee required under IC 25-1-8-7 for
restoring reinstating an electrologist license. The restoration fee shall
be assessed in addition to the fee charged for renewing the license. The
fee must be determined according to the date that the applicant applies
for the restoration of the license as follows:
Days Following
Expiration of License Fee
1- 30 $ 20
31- 180 30
More than 180 40
(d) The board shall charge a fee of one hundred dollars ($100)
established by the board under IC 25-1-8-2 for issuing a license to
a person who holds an electrologist license from another jurisdiction
that meets the requirements under IC 25-8-4-2.
SOURCE: IC 25-8-13-9; (04)SB0307.1.34. -->
SECTION 34. IC 25-8-13-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 9. (a) The board shall
charge a fee of ten dollars ($10) established by the board under
IC 25-1-8-2 for providing an examination to an applicant for a
manicurist license.
(b) The board shall charge a fee of forty dollars ($40) established
by the board under IC 25-1-8-2 for issuing or renewing a manicurist
license.
(c) The board shall charge a fee required under IC 25-1-8-7 for
restoring reinstating a manicurist license. The restoration fee shall be
assessed in addition to the fee charged for renewing the license. The fee
must be determined according to the date that the applicant applies for
the restoration of the license as follows:
Days Following
Expiration of License Fee
1- 30 $ 20
31- 180 30
More than 180 40
(d) The board shall charge a fee of one hundred dollars ($100)
established by the board under IC 25-1-8-2 for issuing a license to
a person who holds a manicurist license from another jurisdiction that
meets the requirements under IC 25-8-4-2.
SOURCE: IC 25-8-13-10; (04)SB0307.1.35. -->
SECTION 35. IC 25-8-13-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 10. (a) The board shall
charge a fee of twenty dollars ($20) established by the board under
IC 25-1-8-2 for providing an examination to an applicant for a shampoo
operator license.
(b) The board shall charge a fee of forty dollars ($40) established
by the board under IC 25-1-8-2 for issuing or renewing a shampoo
operator license.
(c) The board shall charge a fee as required under IC 25-1-8-7 for
restoring reinstating a shampoo operator license. The restoration fee
shall be assessed in addition to the fee charged for renewing the license.
The fee must be determined according to the date that the applicant
applies for the restoration of the license as follows:
Days Following
Expiration of License Fee
1- 30 $ 20
31- 180 30
More than 180 40
SOURCE: IC 25-8-13-11; (04)SB0307.1.36. -->
SECTION 36. IC 25-8-13-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 11. (a) The board shall
charge a fee of twenty-five dollars ($25) established by the board
under IC 25-1-8-2 for providing an examination to an applicant for an
esthetician license.
(b) The board shall charge a fee of forty dollars ($40) established
by the board under IC 25-1-8-2 for issuing or renewing an esthetician
license.
(c) The board shall charge a fee as required under IC 25-1-8-7 for
restoring reinstating an esthetician license. The restoration fee shall be
assessed in addition to the fee charged for renewing the license. The fee
must be determined according to the date that the applicant applies for
the restoration of the license as follows:
Days Following
Expiration of License Fee
1- 30 $ 20
31- 180 30
More than 180 40
(d) The board shall charge a fee of one hundred dollars ($100)
established by the board under IC 25-1-8-2 for issuing a license to
a person who holds an esthetician license from another jurisdiction that
meets the requirements under IC 25-8-4-2.
SOURCE: IC 25-8-15.4-6; (04)SB0307.1.37. -->
SECTION 37. IC 25-8-15.4-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 6. To obtain a license
to operate a tanning facility, a person must do the following:
(1) Submit an application to the board on a form prescribed by the
board.
(2) Pay a fee of two hundred dollars ($200) established by the
board under IC 25-1-8-2.
SOURCE: IC 25-9-1-20; (04)SB0307.1.38. -->
SECTION 38. IC 25-9-1-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 20. (a) The commission
shall, upon application to the Indiana professional licensing agency,
grant licenses to competent referees and judges whose qualifications
may be tested by the commission, and the commission may revoke any
such license granted to any referee or judge upon such cause as the
commission may deem sufficient. Such license must be renewed
biennially. No person shall be permitted to act as referee or judge in
Indiana unless holding such license.
(b) The application for license as referee, or renewal thereof, shall
be accompanied by a fee which shall not be less than twenty-five
dollars ($25). established by the commission under IC 25-1-8-2.
(c) The commission shall appoint from among such licensed
officials, all officials for all contests held under this chapter.
SOURCE: IC 25-15-6-4; (04)SB0307.1.39. -->
SECTION 39. IC 25-15-6-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 4. The board shall
restore the expired license of an individual who:
(1) was licensed as a funeral director or embalmer;
(2) applies for restoration of the funeral director license or
embalmer license within two (2) years or four (4) years of the
date that the license expired as set by the board;
(3) pays a fee that is equal to:
(A) the fee set by the board for renewal of a funeral director
license or embalmer license; or
(B) the fee set by the board for renewal of a funeral director
license or embalmer license multiplied by the product of two
(2) times the number of six (6) month periods that have
elapsed from the date that the license expired;
whichever is greater; established under IC 25-1-8-7; and
(4) meets the continuing education requirements set by the board.
SOURCE: IC 25-15-6-6; (04)SB0307.1.40. -->
SECTION 40. IC 25-15-6-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 6. The board may
restore reinstate the license of:
(1) a person that has allowed a funeral home license to expire only
if the person reapplies for a funeral home license, pays
an
additional a fee
set by the board, required under IC 25-1-8-7,
and otherwise meets the requirements in IC 25-15-4-1;
(2) an individual whose funeral director intern license has expired
only if the individual reapplies for a funeral director intern license,
takes another examination, if required by the board, pays
an
additional a fee
set by the board, required under IC 25-1-8-7,
and otherwise meets the requirements in IC 25-15-4-2; or
(3) an individual whose funeral director license has expired after
the time set in section 4 of this chapter has run only if the
individual reapplies for a funeral director license, takes another
examination, pays
an additional a fee
set by the board, required
under IC 25-1-8-7, and otherwise meets the requirements in
IC 25-15-4-3(b).
The board may not restore an embalmer license or a funeral director
license for a person qualified only under IC 25-15-4-3(d) after the time
set under section 4 of this chapter has expired.
SOURCE: IC 25-21.5-7-5; (04)SB0307.1.41. -->
SECTION 41. IC 25-21.5-7-5, AS AMENDED BY P.L.113-1999,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 5. The board shall determine the amount of
registration fees for a land surveyor and certification fees for a
land-surveyor-in-training. Except as provided under IC 25-21.5-8-7, the
registration and renewal fee for a land surveyor may be not more than
fifty dollars ($50) per year.
SOURCE: IC 25-21.5-8-6; (04)SB0307.1.42. -->
SECTION 42. IC 25-21.5-8-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 6. The board shall
determine the renewal fee and delinquent fee establish fees under
IC 25-1-8.
SOURCE: IC 25-21.5-8-7; (04)SB0307.1.43. -->
SECTION 43. IC 25-21.5-8-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 7. (a) The board may
adopt rules requiring a land surveyor to obtain continuing education for
renewal of a certificate under this chapter.
(b) If the board adopts rules under this section, the rules must do the
following:
(1) Establish a fee of two dollars ($2) for each hour of continuing
education required after the certificate of registration was issued
or renewed.
(2) Require that continuing education fees be paid when the land
surveyor's certificate of registration is renewed.
(3) Establish procedures for approving an organization that
provides continuing education.
(4) Require an organization that provides an approved continuing
education program to supply the following information to the
board not more than thirty (30) days after the course is presented:
(A) An alphabetical list of all land surveyors who attended the
course.
(B) A certified statement of the hours to be credited to each
land surveyor.
(c) If the board adopts rules under this section, the board may adopt
rules to do the following:
(1) Allow private organizations to implement the continuing
education requirement.
(2) Establish an inactive certificate of registration. If the board
adopts rules establishing an inactive certificate, the board must
adopt rules that:
(A) do not require the holder of an inactive certificate to obtain
continuing education;
(B) prohibit the holder of an inactive certificate from practicing
land surveying;
(C) establish requirements for reactivation of an inactive
certificate; and
(D) do not require the holder of an inactive certificate to pay
the registration and renewal fees required under
IC 25-21.5-7-5.
SOURCE: IC 25-28.5-1-22; (04)SB0307.1.44. -->
SECTION 44. IC 25-28.5-1-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 22. (a) Every license or
certificate of registration issued under
the provisions of this chapter
shall expire two (2) years subsequent to the date of its issuance expires
on a date established by the professional licensing agency under
IC 25-1-6-4 and shall be renewed biennially thereafter upon payment of
the required renewal fees.
(b) Applications for renewal shall be filed with the commission on
a in the form and manner provided therefore, no later than thirty (30)
days prior to the expiration date of the licensee's or registrant's current
license or certificate of registration by the commission. The application
shall be accompanied by the required renewal fee. The commission
upon the receipt of the application for renewal and the required renewal
fee, shall issue to the renewal applicant a license or certificate of
registration in the category said applicant has previously held. Unless
a license is renewed, a license issued by the commission expires
on the date specified by the licensing agency under IC 25-1-6-4.
SOURCE: IC 25-28.5-1-23; (04)SB0307.1.45. -->
SECTION 45. IC 25-28.5-1-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 23. The fees to be
charged by and paid to the commission by licensees for all licenses and
license renewals thereof shall be established by the commission under
IC 25-1-8-2. under IC 25-1-8.
SOURCE: IC 25-28.5-1-24; (04)SB0307.1.46. -->
SECTION 46. IC 25-28.5-1-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 24. (a) All fees collected
by the commission shall be deposited with the treasurer of state to be
deposited by him the treasurer in the state general fund. of the state.
(b) All expenses of the commission shall be paid from the general
fund upon appropriation being made therefor in the manner provided by
law for the making of such appropriations.
SOURCE: IC 25-28.5-2-2.1; (04)SB0307.1.47. -->
SECTION 47. IC 25-28.5-2-2.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 2.1. (a) At the time of
initial licensure under this article, each licensee shall pay the following
fee fees established by the board under IC 25-1-8-2 for the
following:
(1) Seventy-five dollars ($75) for A plumbing contractor.
(2) Thirty dollars ($30) for A journeyman plumber.
(b) Fees collected under subsection (a) shall be placed in the
plumbers recovery fund.
(c) The fee assessed under this section is in addition to any other fee
under this article.
SOURCE: IC 25-30-1-7; (04)SB0307.1.48. -->
SECTION 48. IC 25-30-1-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 7. (a) An application for
license as a private detective must be on a form prescribed by the board
accompanied by the license fee as provided by this chapter: established
by the board under IC 25-1-8.
(b) The application shall be verified and shall include the following:
(1) The full name and business address of the applicant.
(2) The name under which the applicant intends to do business as
a private detective.
(3) If the applicant is a person other than an individual, the full
name and residence address of each of its members, partners,
officers, and directors, and its managers.
(4) Other information, evidence, statements, or documents
required by the board.
SOURCE: IC 25-30-1-16; (04)SB0307.1.49. -->
SECTION 49. IC 25-30-1-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 16. (a) Unless a license
is renewed, a license and the identification cards of the licensee's
employees issued under this chapter expire two (2) years from the date
of issuance of the license. on a date specified by the professional
licensing agency under IC 25-1-6-4 and expire biennially after the
initial expiration date. An applicant for renewal shall pay the
renewal fee set by the board under IC 25-1-8-2 on or before the
renewal date specified by the professional licensing agency.
(b) If the holder of a license does not renew the license by the
date specified by the professional licensing agency, the license
expires and becomes invalid without any action taken by the
board.
(c) A licensee desiring a renewal license must:
(1) file an application for renewal at least thirty (30) days before
the expiration of the licensee's license on a form as prescribed by
the board; and
(2) meet the license renewal requirements determined by the
board.
(c) (d) A license may be reinstated within thirty (30) days after the
expiration of the license if the applicant does the following:
(1) Files an application for renewal with the board.
(2) Meets the license requirements determined by the board.
(3) Pays the license and delinquent fees a fee as required under
IC 25-1-8-7.
(d) (e) Employee identification cards issued under this chapter expire
at the same time as the license referred to in subsection (a).
SOURCE: IC 25-30-1-17; (04)SB0307.1.50. -->
SECTION 50. IC 25-30-1-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 17. (a) The board shall
charge and the licensing agency shall collect the following private
detective license fees established by the board under IC 25-1-8.
(1) For issuance or renewal of a private detective license, a fee of
one hundred fifty dollars ($150).
(2) For identification cards for unlicensed employees issued under
section 10(d) of this chapter, a fee of:
(A) ten dollars ($10); or
(B) five dollars ($5) if application for the identification card is
made in the second year of the licensee's license.
(3) For reinstatement of a license referred to in section 16(c) of
this chapter, a delinquent fee of seventy-five dollars ($75).
(b) All fees collected under this chapter shall go into the general fund
and shall be accounted for by the licensing agency.
(c) A license fee shall not be refunded unless a showing is made of
ineligibility to receive the license by failure to meet the requirements of
this chapter, or by a showing of mistake, inadvertence, or error in the
collection of the fee.
SOURCE: IC 25-31-1-14; (04)SB0307.1.51. -->
SECTION 51. IC 25-31-1-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 14. (a) The examination
required of all applicants for registration as a professional engineer shall
be a written examination which shall be divided into the following two
(2) parts, each of eight (8) hours duration:
(1) Engineering fundamentals.
(2) Principles and practice of engineering.
The board may adopt rules under IC 4-22-2 establishing additional
examination requirements.
(b) The engineering fundamentals portion of the examination shall be
designed to test the applicant's knowledge of mathematics and the
physical and engineering sciences. The standards of proficiency
required shall approximate that attained by graduation in an approved
four (4) year engineering curriculum.
(c) The principles and practice of the engineering portion of the
examination shall be designed primarily to test the applicant's
understanding of, and judgment and ability to apply correctly, the
principles of:
(1) mathematics;
(2) the physical sciences;
(3) the engineering sciences; and
(4) engineering design analysis and synthesis;
to the practice of professional engineering. A part of the examination
may be designed to test the applicant's knowledge and understanding of
the ethical, economic and legal principles relating to the practices of
professional engineering.
(d) An applicant for registration as a professional engineer who holds
an engineering intern certificate issued in Indiana or in any other state
or territory having equivalent standards may be exempted from the
engineering fundamentals portion of the examination.
(e) An applicant must successfully pass the engineering
fundamentals portion of the examination before taking the principles and
practice portion of the examination.
(f) Examinations shall be held at times and places as determined by
the board at least two (2) times each year. Examinations for
certification as an engineering intern may be held separately from the
examinations for registration as a professional engineer.
(g) An applicant for registration as a professional engineer who is
presently registered in another state or territory may be assigned a
written examination as the board deems necessary to meet the
requirements of this chapter.
(h) An applicant for registration as a professional engineer who fails
in the first examination may request to be readmitted for a second
examination at either of the next two (2) regularly scheduled
examinations. Upon application and at the discretion of the board, an
applicant who misses:
(1) the originally scheduled examination; or
(2) the next two (2) regularly scheduled examinations;
may be given permission to appear for another regularly scheduled
examination. The amount of fee to be paid for each examination shall be
determined by the board under IC 25-1-8-2.
(i) If an applicant who has failed
two (2) three (3) or more
examinations reapplies and submits evidence of acquiring additional
knowledge for the examination the board may give the applicant
approval to take subsequent examinations.
SOURCE: IC 25-31-1-15; (04)SB0307.1.52. -->
SECTION 52. IC 25-31-1-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 15. (a) The board shall
issue a certificate of registration, upon the payment of the fee
prescribed in this chapter by the board under IC 25-1-8-2, to any
applicant who, in the opinion of the board, has satisfactorily met all
requirements of this chapter. In the case of a professional engineer, the
certificate shall authorize the practice of "professional engineering". The
certificate of registration shall:
(1) show the full name of the registrant;
(2) bear a serial number and date; and
(3) be signed by each member under the seal a designee of the
board.
The issuance of any certificate of registration by the board under this
chapter is evidence that the individual named on the certificate is entitled
to all the rights and privileges of a registered professional engineer from
the date on the certificate until it expires or is revoked.
(b) The board shall issue a certificate of enrollment upon the
payment of the certificate fee prescribed in this chapter by the board
under IC 25-1-8-2 to any applicant who, in the opinion of the board,
has satisfactorily met all of the requirements of this chapter. In the case
of an engineering intern, the certificate shall state that the applicant has
successfully passed the examination in engineering fundamentals and
has been enrolled as an engineering intern. The certificate of enrollment
shall:
(1) show the full name of the enrollee;
(2) bear a serial number and date; and
(3) be signed by the director of the licensing agency.
The issuance of a certificate of enrollment by the board is evidence that
the individual named on the certificate is entitled to all the rights and
privileges of an engineering intern while the certificate remains
unrevoked or until it expires.
SOURCE: IC 25-31-1-17; (04)SB0307.1.53. -->
SECTION 53. IC 25-31-1-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 17.
(a) The biennial
period for which renewals are to be made shall extend from the first
day of August of an even-numbered year to the last day of July of the
next even-numbered year.
(b) A new registrant whose certificate bears a date during the first
twelve (12) months of a biennial renewal period is required to pay
one-half (1/2) of the biennial renewal fee in addition to and at the time
of the payment of the certificate fee to validate the certificate for the
last twelve (12) months of the biennial renewal period.
(c) All certificates of registration expire on the last day of July in
each even-numbered year and are invalid from that date, unless
renewed. The secretary of the board shall send a renewal bill notice by
mail to every person registered and in good standing and to those
holding invalid certificates who are delinquent not more than two (2)
years. The notice must comply with the provisions of IC 25-1-2-6(c)
and include the amount of the renewal fee and delinquent fee, if any, to
validate the certificate for the succeeding biennial period. The renewal
fee and delinquent fee shall be determined by the board under
IC 25-1-8-2.
(a) Unless a license is renewed, a license issued under this
chapter expires on a date specified by the professional licensing
agency under IC 25-1-6-4 and expires biennially after the initial
expiration date. An applicant for renewal shall submit an
application in the manner prescribed by the board and pay the
renewal fee established by the board under IC 25-1-8-2 on or
before the renewal date specified by the professional licensing
agency.
(b) If the holder of a license does not renew the license by the
date specified by the professional licensing agency, the license
expires and becomes invalid without the board taking any action.
(d) (c) The failure on the part of a registrant to renew a certificate
does not deprive the registrant of the right of renewal until the
registrant's certificate has remained invalid during two (2) biennial
renewal periods if the registrant pays the appropriate delinquent and
renewal fees. After two (2) successive biennial renewal periods have
elapsed renewal shall be denied.
SOURCE: IC 25-31-1-21; (04)SB0307.1.54. -->
SECTION 54. IC 25-31-1-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 21. The board may,
upon application and payment of a fee established by the board in the
board's rules, issue a certificate of registration as a professional
engineer to an individual who holds a valid certificate of registration as
a professional engineer, issued to the applicant by the proper authority
of any state or territory or possession of the United States if the
requirements for registration of professional engineers that the
certificate of registration was issued under do not conflict with the
provisions of this chapter. In determining the qualifications of an
applicant, the board may accept the verified professional record of the
applicant that is certified by the National Council of Examiners for
Engineers and Surveyors. However, an individual meets the
experience requirement under section 12 of this chapter if the
individual:
(1) has at least three (3) years of engineering work
experience after the individual graduates from an approved
engineering curriculum but before the individual successfully
passes an examination required under section 14 of this
chapter; and
(2) has been registered or licensed as a professional engineer
in another state for at least ten (10) years.
SOURCE: IC 25-34.1-3-3.1; (04)SB0307.1.55. -->
SECTION 55. IC 25-34.1-3-3.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 3.1. (a) To obtain a
salesperson license, an individual must:
(1) be at least eighteen (18) years of age before applying for a
license and must not have a conviction for:
(A) an act that would constitute a ground for disciplinary
sanction under IC 25-1-11;
(B) a crime that has a direct bearing on the individual's ability
to practice competently; or
(C) a crime that indicates the individual has the propensity to
endanger the public.
(2) have successfully completed courses in the principles,
practices, and law of real estate, totaling eight (8) semester credit
hours, or their equivalent, as a student at an accredited college or
university or have successfully completed an approved
salesperson course as provided in IC 25-34.1-5-5(a);
(3) apply for a license by submitting the application fee prescribed
by the commission and an application containing the name,
address, and age of the applicant, the name under which the
applicant intends to conduct business, the principal broker's
address where the business is to be conducted, proof of
compliance with subdivision (2), and any other information the
commission requires;
(4) pass a written examination prepared and administered by the
commission or its duly appointed agent; and
(5) submit not more than one hundred twenty (120) days after
passing the written examination under subdivision (4):
(A) the license fee of twenty-five dollars ($25); established by
the commission under IC 25-1-8-2; and
(B) a sworn certification of a principal broker that the principal
broker intends to associate with the applicant and maintain that
association until notice of termination of the association is
given to the commission.
(b) Upon the applicant's compliance with the requirements of
subsection (a), the commission shall:
(1) issue a wall certificate in the name of the salesperson to the
principal broker who certified the applicant's association with the
principal broker; and
(2) issue to the salesperson a pocket identification card which
certifies that the salesperson is licensed and indicates the
expiration date of the license and the name of the principal broker.
(c) Notice of passing the commission examination serves as a
temporary permit to act as a salesperson as soon as the applicant sends,
by registered or certified mail with return receipt requested, the license
fee and certification as prescribed in subsection (a)(5)(A) and (a)(5)(B).
The temporary permit expires the earliest of the following:
(1) The date the license is issued.
(2) The date the applicant's association with the certifying
principal broker is terminated.
The temporary permit may not be renewed, extended, reissued, or
otherwise effective for any association other than with the initial
certifying principal broker.
(d) A salesperson shall:
(1) act under the auspices of the principal broker responsible for
that salesperson's conduct under this article;
(2) be associated with only one (1) principal broker;
(3) maintain evidence of licensure in the office, branch office, or
sales outlet of the principal broker;
(4) advertise only in the name of the principal broker, with the
principal broker's name in letters of advertising larger than that of
the salesperson's name; and
(5) not maintain any real estate office apart from that office
provided by the principal broker.
(e) Upon termination of a salesperson's association with a principal
broker, the salesperson's license shall be returned to the commission
within five (5) business days. The commission shall reissue the license
to any principal broker whose certification, as prescribed in subsection
(a)(5)(B), is filed with the commission, and the commission shall issue
a new identification card to the salesperson reflecting that change.
(f) Unless a license is renewed, a salesperson license expires at
midnight, December 31, of the next odd-numbered year following the
year in which the license is issued or last renewed, unless the licensee
renews the license prior to expiration by payment of a biennial license
fee of twenty-five dollars ($25). An expired license may be reinstated
within one hundred twenty (120) days after expiration, by payment of
all unpaid license fees together with twenty dollars ($20). If the license
is renewed within eighteen (18) months, but more than one hundred
twenty (120) days, after expiration, the licensee must pay a late fee of
one hundred dollars ($100) plus any unpaid license fees. on a date
specified by the professional licensing agency under IC 25-1-6-4
and expires biennially after the initial expiration date. An
applicant for renewal shall submit an application in the manner
prescribed by the board and pay the renewal fee set by the board
under IC 25-1-8-2 on or before the renewal date specified by the
professional licensing agency. If the holder of a license does not
renew the license by the date specified by the professional
licensing agency, the license expires and becomes invalid without
the board taking any action. If a salesperson fails to reinstate a
license within eighteen (18) months after expiration, a license may not
be issued unless that salesperson again complies with the requirements
of subsection (a)(3), (a)(4), and (a)(5).
(g) A salesperson license may be issued to an individual who is not
yet associated with a principal broker but who otherwise meets the
requirements of subsection (a). A license issued under this subsection
shall be held by the commission in an unassigned status until the date
the individual submits the certification of a principal broker required by
subsection (a)(5). If the individual does not submit the application for
licensure within one hundred twenty (120) days after passing the
commission examination, the commission shall void the application and
may not issue a license to that applicant unless the applicant again
complies with the requirements of subsection (a)(4) through (a)(5).
(h) If an individual holding a salesperson license is not associated
with a principal broker for two (2) successive renewal periods, the
commission shall notify the individual in writing that the individual's
license will become void if the individual does not associate with a
principal broker within thirty (30) days from the date the notification is
mailed. A void license may not be renewed.
SOURCE: IC 25-34.1-3-4.1; (04)SB0307.1.56. -->
SECTION 56. IC 25-34.1-3-4.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 4.1. (a) To obtain a
broker license, an individual must:
(1) be at least eighteen (18) years of age before applying for a
license and must not have a conviction for:
(A) an act that would constitute a ground for disciplinary
sanction under IC 25-1-11;
(B) a crime that has a direct bearing on the individual's ability
to practice competently; or
(C) a crime that indicates the individual has the propensity to
endanger the public.
(2) have satisfied section 3.1(a)(2) of this chapter and have had
continuous active experience for one (1) year immediately
preceding the application as a licensed salesperson in Indiana;
however, this one (1) year experience requirement may be waived
by the commission upon a finding of equivalent experience;
(3) have successfully completed an approved broker course of
study as prescribed in IC 25-34.1-5-5(b);
(4) apply for a license by submitting the application fee prescribed
by the commission and an application specifying the name,
address, and age of the applicant, the name under which the
applicant intends to conduct business, the address where the
business is to be conducted, proof of compliance with
subdivisions (2) and (3), and any other information the
commission requires;
(5) pass a written examination prepared and administered by the
commission or its duly appointed agent; and
(6) within one hundred twenty (120) days after passing the
commission examination, submit the license fee
of fifty dollars
($50). established by the commission under IC 25-1-8-2. If an
individual applicant fails to file a timely license fee, the commission
shall void the application and may not issue a license to that
applicant unless that applicant again complies with the
requirements of subdivisions (4) and (5) and this subdivision.
(b) To obtain a broker license, a partnership must:
(1) have as partners only individuals who are licensed brokers;
(2) have at least one (1) partner who is a resident of Indiana;
(3) cause each employee of the partnership who acts as a broker
or salesperson to be licensed; and
(4) submit the license fee
of fifty dollars ($50) established by the
commission under IC 25-1-8-2 and an application setting forth
the name and residence address of each partner and the
information prescribed in subsection (a)(4).
(c) To obtain a broker license, a corporation must:
(1) have a licensed broker residing in Indiana who is either an
officer of the corporation or, if no officer resides in Indiana, the
highest ranking corporate employee in Indiana with authority to
bind the corporation in real estate transactions;
(2) cause each employee of the corporation who acts as a broker
or salesperson to be licensed; and
(3) submit the license fee of fifty dollars ($50), established by
the commission under IC 25-1-8-2 and an application setting
forth the name and residence address of each officer and the
information prescribed in subsection (a)(4), a copy of the
certificate of incorporation, and a certificate of good standing of
the corporation issued by the secretary of state of Indiana.
(d) To obtain a broker license, a limited liability company must:
(1) if a member-managed limited liability company:
(A) have as members only individuals who are licensed
brokers; and
(B) have at least one (1) member who is a resident of Indiana;
or
(2) if a manager-managed limited liability company, have a
licensed broker residing in Indiana who is either a manager of the
company or, if no manager resides in Indiana, the highest ranking
company officer or employee in Indiana with authority to bind the
company in real estate transactions;
(3) cause each employee of the limited liability company who acts
as a broker or salesperson to be licensed; and
(4) submit the license fee of fifty dollars ($50) established by the
commission under IC 25-1-8-2 and an application setting forth
the information prescribed in subsection (a)(4), together with:
(A) if a member-managed company, the name and residence
address of each member; or
(B) if a manager-managed company, the name and residence
address of each manager, or of each officer if the company
has officers.
(e) Licenses granted to partnerships, corporations, and limited
liability companies are issued, expire, are renewed, and are effective on
the same terms as licenses granted to individual brokers, except as
provided in subsection (h), and except that expiration or revocation of
the license of:
(1) any partner in a partnership or all individuals in a corporation
satisfying subsection (c)(1); or
(2) a member in a member-managed limited liability company or
all individuals in a manager-managed limited liability company
satisfying subsection (d)(2);
terminates the license of that partnership, corporation, or limited liability
company.
(f) Upon the applicant's compliance with the requirements of
subsection (a), (b), or (c), the commission shall issue the applicant a
broker license and an identification card which certifies the issuance of
the license and indicates the expiration date of the license. The license
shall be displayed at the broker's place of business.
(g) Notice of passing the commission examination serves as a
temporary permit for an individual applicant to act as a broker as soon
as the applicant sends, by registered or certified mail with return receipt
requested, a timely license fee as prescribed in subsection (a)(6). The
temporary permit expires the earlier of one hundred twenty (120) days
after the date of the notice of passing the examination or the date a
license is issued.
(h) A broker license expires, for individuals, at midnight, December
31 and, for corporations, partnerships, and limited liability companies
at midnight, June 30 of the next even-numbered year following the year
in which the license is issued or last renewed, unless the licensee
renews the license prior to expiration by payment of a biennial license
fee of fifty dollars ($50) established by the board under IC 25-1-8-2.
An expired license may be reinstated within one hundred twenty (120)
days after expiration by payment of all unpaid license fees together with
twenty dollars ($20). If the license is renewed within eighteen (18)
months, but more than one hundred twenty (120) days, after expiration,
the licensee must pay a late fee of one hundred dollars ($100) plus any
unpaid license fees the fees established under IC 25-1-8-7. If a
broker fails to reinstate a license within eighteen (18) months after
expiration, a license may not be issued unless the broker again complies
with the requirements of subsection (a)(4), (a)(5), and (a)(6).
(i) A partnership, corporation, or limited liability company may not
be a broker-salesperson except as authorized in IC 23-1.5. An individual
broker who associates as a broker-salesperson with a principal broker
shall immediately notify the commission of the name and business
address of the principal broker and of any changes of principal broker
that may occur. The commission shall then change the address of the
broker-salesperson on its records to that of the principal broker.
SOURCE: IC 25-1-2-9; IC 25-1-6-5.5; IC 25-1-11-9.5; IC 25-21.5-
8-3.
; (04)SB0307.1.57. -->
SECTION 57. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2004]: IC 25-1-2-9; IC 25-1-6-5.5; IC 25-1-11-9.5;
IC 25-21.5-8-3.
SOURCE: ; (04)SB0307.1.58. -->
SECTION 58. [EFFECTIVE JULY 1, 2004]
(a) This SECTION
applies to the entities listed in IC 25-1-6-3, as amended by this
act.
(b) Notwithstanding the requirement under this act that an
entity described in subsection (a) must adopt fees, a fee charged
by an entity on June 30, 2004, continues in effect until the fee is
changed by a rule adopted by the entity. An entity described in
subsection (a) must adopt a rule described in this SECTION before
January 1, 2005.
(c) This SECTION expires July 1, 2005.".
(Reference is to EHB 1151 as reprinted February 26, 2004.)
Conference Committee Report
on
Engrossed House
Bill 1151
Text Box
S
igned by:
____________________________ ____________________________
Representative Mahern Senator Miller
Chairperson
____________________________ ____________________________
Representative Richardson Senator Breaux
House Conferees Senate Conferees