SB 333-1_ Filed 03/13/2006, 21:12 Dillon
CONFERENCE COMMITTEE REPORT
DIGEST FOR ESB 333
Citations Affected: IC 4-1-8-1; IC 15-5-1.1-2; IC 15-5-1.1-12; IC 16-39-1-1; IC 16-41-35-29;
IC 16-42; IC 20-28-1-11; IC 25-1; IC 25-4-2-13; IC 25-6.1-3-2; IC 25-7; IC 25-8; IC 25-13;
IC 25-14; IC 25-15-6-4; IC 25-15-6-6; IC 25-20-1-4; IC 25-22.5-12; IC 25-23-1-19.8;
IC 25-23.7-6-1; IC 25-24-3; IC 25-26; IC 25-20-1-4; IC 25-30-1-1.2; IC 25-30-1-16; IC 25-33;
IC 25-34.1-9-20; IC 25-35.6-1-7.
Synopsis: Professional licensing. Requires a person who has failed the veterinarian examination
three times to take remedial education before being allowed to retake the examination. Requires
a provider who provides a patient with a contact lens prescription to comply with federal law.
Establishes certain continuing education requirements that apply to all professions for which
continuing education is required. Requires certain licensed professionals to provide the
professional licensing agency (agency) or the state department of health with their Social Security
numbers. Allows the agency or the state department of health to release Social Security numbers
to testing services and state boards and professional organizations. Amends the definition of
"school psychology" to include certain referrals to speech-language pathologists, audiologists, and
occupational therapists. Requires the medical licensing board to establish a seven year pilot
program for the training of graduates of international medical schools that have not been
approved by the board. Establishes uniform professional license reinstatement requirements.
Requires barbering and cosmetology schools to administer the practical examination. Removes
barber health certificate requirements. Amends the definition of "cosmetology" to include certain
acts performed on a person's torso. Allows the medical licensing board to establish conditions for
the reactivation of a physician's license. Allows the agency to set a uniform renewal date for
licensed manufactured home installers. Transfers the duties of the optometric legend drug
prescription advisory committee to the optometry board. Removes the private detective licensure
exemption for certain law enforcement officers. Establishes a limited scope temporary psychology
permit. Requires a person who passes the real estate salesperson examination or broker
examination to apply for a license within one year. Allows the issuance of a renewal license to
certain speech-language pathologists who are not currently licensed. Repeals: provisions
concerning license reinstatement, temporary barber and cosmetology licenses, master
cosmetologist licenses, shampoo operator licenses, and cosmetology continuing education; an
expired provision concerning hearing aid dealers; and nonconforming continuing education
provisions. Makes technical and conforming amendments. (This conference committee report:
(1) removes the provision concerning appointments to the commission on Hispanic/Latino
affairs; (2) removes the language exempting certain organizations from the food
establishment requirements; (3) removes language concerning a school psychologist being
a practitioner who may refer certain services; (4) and inserts an amended definition of
"school psychology"; (5) removes the extension of the moratorium on the adoption by the
psychology board of rules concerning restricted tests and instruments; and (6) makes
technical amendments.)
Effective: Upon passage; July 1, 2005 (retroactive); July 1, 2006.
CONFERENCE COMMITTEE REPORT
MADAM PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed House Amendments to Engrossed Senate Bill No. 333 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 4-1-8-1; (06)CC033301.1.1. -->
SECTION 1. IC 4-1-8-1, AS AMENDED BY SEA 132-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 1. (a) No individual may be compelled by any state
agency, board, commission, department, bureau, or other entity of state
government (referred to as "state agency" in this chapter) to provide the
individual's Social Security number to the state agency against the
individual's will, absent federal requirements to the contrary. However,
the provisions of this chapter do not apply to the following:
(1) Department of state revenue.
(2) Department of workforce development.
(3) The programs administered by:
(A) the division of family resources;
(B) the division of mental health and addiction;
(C) the division of disability, aging, and rehabilitative services;
and
(D) the office of Medicaid policy and planning;
of the office of the secretary of family and social services.
(4) Auditor of state.
(5) State personnel department.
(6) Secretary of state, with respect to the registration of
broker-dealers, agents, and investment advisors.
(7) The legislative ethics commission, with respect to the
registration of lobbyists.
(8) Indiana department of administration, with respect to bidders on
contracts.
(9) Indiana department of transportation, with respect to bidders on
contracts.
(10) Indiana professional licensing agency.
(11) Department of insurance, with respect to licensing of insurance
producers.
(12) The department of child services.
(13) A pension fund administered by the board of trustees of the
public employees' retirement fund.
(14) The Indiana state teachers' retirement fund.
(15) The state police benefit system.
(16) The alcohol and tobacco commission.
(17) The state department of health, for purposes of licensing
radiologic technologists under IC 16-41-35-29(c).
(b) The bureau of motor vehicles may, notwithstanding this chapter,
require the following:
(1) That an individual include the individual's Social Security
number in an application for an official certificate of title for any
vehicle required to be titled under IC 9-17.
(2) That an individual include the individual's Social Security
number on an application for registration.
(3) That a corporation, limited liability company, firm, partnership,
or other business entity include its federal tax identification number
on an application for registration.
(c) The Indiana department of administration, the Indiana department
of transportation, and the Indiana professional licensing agency may
require an employer to provide its federal employer identification
number.
(d) The department of correction may require a committed offender
to provide the offender's Social Security number for purposes of
matching data with the Social Security Administration to determine
benefit eligibility.
(e) The Indiana gaming commission may, notwithstanding this
chapter, require the following:
(1) That an individual include the individual's Social Security
number in any application for a riverboat owner's license, supplier's
license, or occupational license.
(2) That a sole proprietorship, a partnership, an association, a
fiduciary, a corporation, a limited liability company, or any other
business entity include its federal tax identification number on an
application for a riverboat owner's license or supplier's license.
(f) Notwithstanding this chapter, the department of education
established by IC 20-19-3-1 may require an individual who applies to
the department for a license or an endorsement to provide the
individual's Social Security number. The Social Security number may
be used by the department only for conducting a background
investigation, if the department is authorized by statute to conduct a
background investigation of an individual for issuance of the license or
endorsement.
SOURCE: IC 15-5-1.1-2; (06)CC033301.1.2. -->
SECTION 2. IC 15-5-1.1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. As used in this
chapter:
"Accredited college of veterinary medicine" means a veterinary
college or division of a university or college that:
(1) offers the degree doctor of veterinary medicine or its equivalent;
(2) conforms to the standards required for accreditation by the
American Veterinary Medical Association; and
(3) is accredited by the American Veterinary Medical Association
or an accrediting agency that has been approved by the United
States Department of Education or its successor.
"Agency" refers to the Indiana professional licensing agency
established by IC 25-1-5-3.
"Animal" means any animal other than man and includes birds, fish,
mammals, and reptiles, wild or domestic.
"Approved program" means a program in veterinary technology that:
(1) conforms to the standards required for accreditation by the
American Veterinary Medical Association; and
(2) is accredited by the American Veterinary Medical Association
or an accrediting agency that has been approved by the United
States Department of Education or its successor.
"Board" means the Indiana board of veterinary medical examiners
created by this chapter.
"Bureau" refers to the health professions bureau established by
IC 25-1-5-3.
"ECFVG certificate" means a certificate issued by the American
Veterinary Medical Association Educational Commission for Foreign
Veterinary Graduates, indicating that the holder has demonstrated
knowledge and skill equivalent to that possessed by a graduate of an
accredited college of veterinary medicine.
"Extern" means a senior veterinary student enrolled in an accredited
college of veterinary medicine, or a second year student enrolled in an
approved program in veterinary technology, employed by or working
with a licensed veterinarian and under
his the licensed veterinarian's
direct supervision.
"Licensed veterinarian" means an individual who is licensed pursuant
to this chapter to practice veterinary medicine in this state.
"Person" means an individual, an incorporated or unincorporated
organization or association, or a group of such persons acting in
concert.
"Practice of veterinary medicine" means:
(1) representing oneself as engaged in the practice of veterinary
medicine, veterinary surgery, or veterinary dentistry in any of its
branches or using words, letters, or titles in a connection or under
circumstances that may induce another person to believe that the
person using them is engaged in the practice of veterinary medicine,
veterinary surgery, or veterinary dentistry;
(2) accepting remuneration for doing any of the things described in
subdivisions (3) through (6);
(3) diagnosing a specific disease or injury, or identifying and
describing a disease process of animals, or performing any
procedure for the diagnosis of pregnancy, sterility, or infertility
upon animals;
(4) prescribing a drug, medicine, appliance or application, or
treatment of whatever nature for the prevention, cure, or relief of
bodily injury or disease of animals;
(5) performing a surgical or dental operation upon an animal; or
(6) administering a drug, medicine, appliance, application, or
treatment of whatever nature for the prevention, cure, or relief of a
wound, fracture, or bodily injury or disease of animals, except
where such drug, medicine, appliance, application, or treatment is
administered at the direction and under the direct supervision of a
veterinarian licensed under this chapter.
"Registered veterinary technician" means a veterinary technician
registered pursuant to this chapter to work under the direct supervision
of a licensed veterinarian.
"Veterinarian" means an individual who was a licensed veterinarian
on August 31, 1979, or who has received a professional degree from an
accredited college of veterinary medicine.
"Veterinary medicine" includes veterinary surgery, obstetrics,
dentistry, acupuncture, and all other branches or specialties of
veterinary medicine.
"Veterinary technician" means an individual who has successfully
completed a program in veterinary technology of at least two (2) years
in a school that conforms to the standards required for accreditation by
the American Veterinary Medical Association and that is accredited by
the American Veterinary Medical Association.
SOURCE: IC 15-5-1.1-12; (06)CC033301.1.3. -->
SECTION 3. IC 15-5-1.1-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 12. (a) The board shall
hold at least one (1) examination for licensing veterinarians and one (1)
examination for registering veterinary technicians each year but it may
hold more. The
bureau agency shall give notice of the time and place
for each examination at least ninety (90) days in advance of the date set
for the examination. A person desiring to take an examination must
make application not later than the time the board may prescribe under
section 8(e) of this chapter.
(b) The preparation, administration, and grading of examinations
shall be approved by the board. Examinations shall be designed to test
the examinee's knowledge of and proficiency in the subjects and
techniques commonly taught in veterinary schools. To pass the
examination, the examinee must demonstrate scientific and practical
knowledge sufficient to prove to the board that the examinee is
competent to practice veterinary medicine or to act as a veterinary
technician, as the case may be. The board may adopt and use
examinations approved by the National Board Examination Committee.
of Veterinary Medical Examiners.
(c) To qualify for a license as a veterinarian or to be registered as a
veterinary technician, the applicant must attain a passing score in the
examinations.
(d) After the examinations, the bureau agency shall notify each
examinee of the result of the examinee's examinations and the board
shall issue a license or registration certificate, as appropriate, to each
individual who successfully completes the examinations and is
otherwise qualified. The bureau agency shall keep a permanent record
of the issuance of each license or registration certificate.
(e) An individual who fails to pass the required examinations may
apply to take a subsequent examination. However, payment of the
examination fee shall not be waived.
(f) If an applicant fails to pass the required examination within
three (3) attempts in Indiana or any other state, the applicant may
not retake the required examination. The applicant may take
subsequent examinations upon approval by the board and
completion of remedial education as required by the board.
(f) (g) A license or registration certificate issued under this article is
valid for the remainder of the renewal period in effect on the date of
issuance.
SOURCE: IC 16-39-1-1; (06)CC033301.1.4. -->
SECTION 4. IC 16-39-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. (a) This section
applies to all health records except mental health records, which are
governed by IC 16-39-2, IC 16-39-3, and IC 16-39-4.
(b) This article applies to all health records, except:
(1) records regarding communicable diseases, which are governed
by IC 16-41-8-1; or
(2) records regarding alcohol and other drug abuse patient records,
which are governed by 42 CFR, Part 2.
(c) On written request and reasonable notice, a provider shall supply
to a patient the health records possessed by the provider concerning the
patient. Subject to 15 U.S.C. 7601 et seq. and 16 CFR Part 315,
information regarding contact lenses must be given using the following
guidelines:
(1) After the release of a patient from an initial fitting and
follow-up period of not more than six (6) months, the contact lens
prescription must be released to the patient at the patient's request.
(2) A prescription released under subdivision (1) must contain all
information required to properly duplicate the contact lenses.
(3) A contact lens prescription must include the following:
(A) An expiration date of not more than one (1) year.
(B) The number of refills permitted.
(4) Instructions for use must be consistent with:
(A) recommendations of the contact lens manufacturer;
(B) clinical practice guidelines; and
(C) the professional judgment of the prescribing optometrist or
physician licensed under IC 25-22.5.
After the release of a contact lens prescription under this subsection,
liability for future fittings or dispensing of contact lenses under the
original prescription lies with the dispensing company or practitioner.
(d) On a patient's written request and reasonable notice, a provider
shall furnish to the patient or the patient's designee the following:
(1) A copy of the patient's health record used in assessing the
patient's health condition.
(2) At the option of the patient, the pertinent part of the patient's
health record relating to a specific condition, as requested by the
patient.
(e) A request made under this section is valid for sixty (60) days after
the date the request is made.
SOURCE: IC 16-41-35-29; (06)CC033301.1.5. -->
SECTION 5. IC 16-41-35-29 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 29. (a) The state
department shall adopt rules under IC 4-22-2 to regulate who may
operate a radiation machine and what level of training and experience
the operator must have. Rules adopted by the state department must
exempt from testing to establish initial qualifications an individual who:
(1) holds a valid certificate issued by; and
(2) is currently registered with;
the American Registry of Radiologic Technologists.
(b) The state department may by rule exempt an individual who:
(1) is currently licensed in another state as a radiologic
technologist; or
(2) performs the function of a radiologic technologist in another
state that does not require the licensure of a radiologic technologist;
from testing to establish initial qualifications.
(c) The state department shall issue a license to an individual meeting
the requirements of the rules adopted under subsection (a) for a
radiologic technologist upon the payment to the state department of a
sixty dollar ($60) fee and the cost of testing to establish initial
qualifications. The license is valid for twenty-four (24) months. The
state department shall establish a fee for the renewal or duplication of
a license issued under this section not to exceed sixty dollars ($60). In
addition to the renewal fee, a penalty fee of sixty dollars ($60) shall be
imposed by the state department for processing an application for
license renewal received after the expiration of the previous license. The
state department may waive the penalty fee for a showing of good
cause.
(d) An individual who applies for a license issued under
subsection (c) or who holds a license issued under subsection (c)
shall provide the individual's Social Security number to the state
department.
(e) The state department shall collect and release the applicant's
or licensee's Social Security number as provided in state or federal
law.
(f) Notwithstanding IC 4-1-10-3, the state department may allow
access to the Social Security number of each person who is licensed
under this section or has applied for a license under this section to:
(1) a testing service that provides the examination for licensure
as a radiologic technologist to the state department; or
(2) an individual state regulatory board of radiologic
technology or an organization composed of state regulatory
boards of radiologic technology for the purpose of
coordinating licensure and disciplinary activities among the
individual states.
(d) (g) Every owner of a radiation machine, including an industrial
radiation machine, shall have the machine inspected in accordance with
procedures and standards established by the state department. The state
department shall adopt rules under IC 4-22-2 establishing the
procedures and standards applicable to inspections of radiation
machines.
SOURCE: IC 16-42-19-5; (06)CC033301.1.6. -->
SECTION 6. IC 16-42-19-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. As used in this
chapter, "practitioner" means any of the following:
(1) A licensed physician.
(2) A veterinarian licensed to practice veterinary medicine in
Indiana.
(3) A dentist licensed to practice dentistry in Indiana.
(4) A podiatrist licensed to practice podiatric medicine in Indiana.
(5) An optometrist who is:
(A) licensed to practice optometry in Indiana; and
(B) certified under IC 25-26-15. IC 25-24-3.
(6) An advanced practice nurse who meets the requirements of
IC 25-23-1-19.5.
SOURCE: IC 16-42-21-3; (06)CC033301.1.7. -->
SECTION 7. IC 16-42-21-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. As used in this
chapter, "practitioner" means any of the following:
(1) A licensed physician.
(2) A dentist licensed to practice dentistry in Indiana.
(3) A podiatrist licensed to practice podiatry in Indiana.
(4) A veterinarian licensed to practice veterinary medicine in
Indiana.
(5) An optometrist who is:
(A) licensed to practice optometry in Indiana; and
(B) certified under IC 25-26-15. IC 25-24-3.
SOURCE: IC 16-42-22-4.5; (06)CC033301.1.8. -->
SECTION 8. IC 16-42-22-4.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4.5. As used in this
chapter, "practitioner" means any of the following:
(1) A licensed physician.
(2) A dentist licensed to practice dentistry in Indiana.
(3) A podiatrist licensed to practice podiatric medicine in Indiana.
(4) An optometrist who is:
(A) licensed to practice optometry in Indiana; and
(B) certified under IC 25-26-15. IC 25-24-3.
(5) An advanced practice nurse licensed and granted the authority
to prescribe legend drugs under IC 25-23.
SOURCE: IC 20-28-1-11; (06)CC033301.1.9. -->
SECTION 9. IC 20-28-1-11, AS ADDED BY P.L.1-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 11. "School psychology" means the
following:
(1) Administering, scoring, and interpreting educational, cognitive,
career, vocational, behavioral, and affective tests and procedures
that address a student's:
(A) education;
(B) developmental status;
(C) attention skills; and
(D) social, emotional, and behavioral functioning;
as they relate to the student's learning or training in the academic or
vocational environment.
(2) Providing consultation, collaboration, and intervention services
(not including psychotherapy) and providing referral to community
resources to:
(A) students;
(B) parents of students;
(C) teachers;
(D) school administrators; and
(E) school staff;
concerning learning and performance in the educational process.
(3) Participating in or conducting research relating to a student's
learning and performance in the educational process:
(A) regarding the educational, developmental, career, vocational,
or attention functioning of the student; or
(B) screening social, affective, and behavioral functioning of the
student.
(4) Providing inservice or continuing education services relating to
learning and performance in the educational process to schools,
parents, or others.
(5) Supervising school psychology services.
(6) Referring a student to:
(A) a speech-language pathologist or an audiologist licensed
under IC 25-35.6 for services for speech, hearing and
language disorders; or
(B) an occupational therapist certified under IC 25-23.5 for
occupational therapy services;
by a school psychologist who is employed by a school
corporation and who is defined as a practitioner of the healing
arts for the purpose of referrals under 42 CFR 440.110.
The term does not include the diagnosis or treatment of mental and
nervous disorders, except for conditions and interventions provided for
in state and federal mandates affecting special education and vocational
evaluations as the evaluations relate to the assessment of handicapping
conditions and special education decisions or as the evaluations pertain
to the placement of children and developmentally disabled adults.
SOURCE: IC 25-1-4-0.2; (06)CC033301.1.10. -->
SECTION 10. IC 25-1-4-0.2 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]:
Sec. 0.2. As used in this chapter, "approved
organization" refers to the following:
(1) United States Department of Education.
(2) Council on Post-Secondary Education.
(3) Joint Commission on Accreditation of Hospitals.
(4) Joint Commission on Healthcare Organizations.
(5) Federal, state, and local government agencies.
(6) A college or other teaching institution accredited by the
United States Department of Education or the Council on
Post-Secondary Education.
(7) A national organization of practitioners whose members
practicing in Indiana are subject to regulation by a board or
agency regulating a profession or occupation under this title or
IC 15.
(8) A national, state, district, or local organization that
operates as an affiliated entity under the approval of an
organization listed in subdivisions (1) through (7).
(9) An internship or a residency program conducted in a
hospital that has been approved by an organization listed in
subdivisions (1) through (7).
(10) Any other organization or individual approved by the
board.
SOURCE: IC 25-1-4-0.3; (06)CC033301.1.11. -->
SECTION 11. IC 25-1-4-0.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 0.3. As used in section
3 of this chapter, "board" means any of the following:
(1) Indiana board of veterinary medical examiners (IC 15-5-1.1).
(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).
(2) (3) Indiana athletic trainers board (IC 25-5.1-2-1).
(4) Indiana auctioneer commission (IC 25-6.1-2-1).
(5) State board of barber examiners (IC 25-7-5-1).
(6) State boxing commission (IC 25-9-1).
(3) (7) Board of chiropractic examiners (IC 25-10-1).
(8) State board of cosmetology examiners (IC 25-8-3-1).
(4) (9) State board of dentistry (IC 25-14-1).
(5) (10) Indiana dietitians certification board (IC 25-14.5-2-1).
(11) State board of registration for professional engineers (IC
25-31-1-3).
(12) Board of environmental health specialists (IC 25-32).
(13) State board of funeral and cemetery service (IC 25-15-9).
(6) (14) Indiana state board of health facility administrators (IC
25-19-1).
(7) (15) Committee on hearing aid dealer examiners (IC
25-20-1-1.5).
(16) Home inspectors licensing board (IC 25-20.2-3-1).
(8) (17) Indiana hypnotist committee (IC 25-20.5-1-7).
(18) State board of registration for land surveyors (IC
25-21.5-2-1).
(19) Manufactured home installer licensing board (IC 25-23.7).
(9) (20) Medical licensing board of Indiana (IC 25-22.5-2).
(10) (21) Indiana state board of nursing (IC 25-23-1).
(11) (22) Occupational therapy committee (IC 25-23.5).
(12) Social worker, marriage and family therapist, and mental
health counselor board (IC 25-23.6).
(13) (23) Indiana optometry board (IC 25-24).
(14) (24) Indiana board of pharmacy (IC 25-26).
(15) (25) Indiana physical therapy committee (IC 25-27-1).
(16) (26) Physician assistant committee (IC 25-27.5).
(27) Indiana plumbing commission (IC 25-28.5-1-3).
(17) (28) Board of podiatric medicine (IC 25-29-2-1).
(18) Board of environmental health specialists (IC 25-32).
(29) Private detectives licensing board (IC 25-30-1-5.1).
(19) (30) State psychology board (IC 25-33).
(31) Indiana real estate commission (IC 25-34.1-2).
(32) Real estate appraiser licensure and certification board (IC
25-34.1-8).
(20) (33) Respiratory care committee (IC 25-34.5).
(34) Social worker, marriage and family therapist, and mental
health counselor board (IC 25-23.6).
(21) (35) Speech-language pathology and audiology board (IC
25-35.6-2).
(36) Indiana board of veterinary medical examiners (IC
15-5-1.1).
SOURCE: IC 25-1-4-0.5; (06)CC033301.1.12. -->
SECTION 12. IC 25-1-4-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 0.5. As used in this chapter, "continuing
education" means an orderly process of instruction that is
approved by an approved organization or the board and that is
designed to directly enhance the practitioner's knowledge and skill
in providing services relevant to the practitioner's profession or
occupation.
SOURCE: IC 25-1-4-3; (06)CC033301.1.13. -->
SECTION 13. IC 25-1-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) Notwithstanding
any other law, a board that is specifically authorized or mandated to
require continuing education as a condition to renew a registration,
certification, or license must require a practitioner to comply with the
following renewal requirements:
(1) The practitioner shall provide the board with a sworn statement
signed executed by the practitioner that the practitioner has
fulfilled the continuing education requirements required by the
board.
(2) The practitioner shall retain copies of certificates of completion
for continuing education courses for three (3) years from the end of
the licensing period for which the continuing education applied. The
practitioner shall provide the board with copies of the certificates
of completion upon the board's request for a compliance audit.
(b)
Every two (2) years Following every license renewal period, the
board shall randomly audit for compliance more than one percent (1%)
but less than ten percent (10%) of the practitioners required to take
continuing education courses.
SOURCE: IC 25-1-4-5; (06)CC033301.1.14. -->
SECTION 14. IC 25-1-4-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 5. (a) Notwithstanding any other law, if the
board determines that a practitioner has not complied with this
chapter at the time that the practitioner applies for license renewal
or after an audit conducted under section 3 of this chapter, the
board shall do the following:
(1) Send the practitioner notice of noncompliance by certified
mail.
(2) As a condition of license renewal, require the practitioner
to comply with subsection (b).
(3) Issue a conditional license to the practitioner that is
effective until the practitioner complies with subsection (b).
(b) Upon receipt of a notice of noncompliance under subsection
(a), a practitioner shall do either of the following:
(1) If the practitioner believes that the practitioner has
complied with this chapter, within twenty-one (21) days of
receipt of the notice, send written notice to the board
requesting a review so that the practitioner may submit proof
of compliance.
(2) If the practitioner does not disagree with the board's
determination of noncompliance, do the following:
(A) Except as provided in subsection (d), pay to the board a
civil penalty not to exceed one thousand dollars ($1,000)
within twenty-one (21) days of receipt of the notice.
(B) Acquire, within six (6) months after receiving the notice,
the number of credit hours needed to achieve full compliance.
(C) Comply with all other provisions of this chapter.
(c) If a practitioner fails to comply with subsection (b), the board
shall immediately suspend the license of the practitioner and send
notice of the suspension to the practitioner by certified mail.
(d) If the board determines that a practitioner has knowingly or
intentionally made a false or misleading statement to the board
concerning compliance with the continuing education
requirements, in addition to the requirements under this section the
board may impose a civil penalty of not more than five thousand
dollars ($5,000) under subsection (b)(2)(A).
(e) The board shall:
(1) reinstate a practitioner suspended under subsection (c); or
(2) renew the practitioner's license in place of the conditional
license issued under subsection (a)(3);
if the practitioner supplies proof of compliance with this chapter
under subsection (b)(1).
SOURCE: IC 25-1-4-6; (06)CC033301.1.15. -->
SECTION 15. IC 25-1-4-6 ADDED TO THE INDIANA CODE AS
A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]:
Sec. 6. (a) Notwithstanding any other law, if at the time a
practitioner applies for license renewal or after an audit conducted
under section 3 of this chapter, the board determines that the
practitioner has failed to comply with this chapter and the
practitioner has previously received a notice of noncompliance
under section 5(a) of this chapter during the preceding license
period, the board shall do the following:
(1) Provide the practitioner notice of noncompliance by
certified mail.
(2) Deny the practitioner's application for license renewal.
(b) The board shall reinstate a license not renewed under
subsection (a) upon occurrence of the following:
(1) Payment by a practitioner to the board of a civil penalty
determined by the board, but not to exceed one thousand
dollars ($1,000).
(2) Acquisition by the practitioner of the number of credit
hours required to be obtained by the practitioner during the
relevant license period.
(3) The practitioner otherwise complies with this chapter.
SOURCE: IC 25-1-4-7; (06)CC033301.1.16. -->
SECTION 16. IC 25-1-4-7 ADDED TO THE INDIANA CODE AS
A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]: Sec. 7. Credit hours acquired by a practitioner under
section 5(b)(2) or 6(b)(2) of this chapter may not apply to the
practitioner's credit hour requirement for the license period in
which the credit hours are acquired.
SOURCE: IC 25-1-4-8; (06)CC033301.1.17. -->
SECTION 17. IC 25-1-4-8 ADDED TO THE INDIANA CODE AS
A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]: Sec. 8. The board may adopt rules under IC 4-22-2 to
implement this chapter.
SOURCE: IC 25-1-5-11; (06)CC033301.1.18. -->
SECTION 18. IC 25-1-5-11 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 11. (a) An individual who applies for a license
issued by a board under this chapter or who holds a license issued
by a board under this chapter shall provide the individual's Social
Security number to the agency.
(b) The agency and the boards shall collect and release the
applicant's or licensee's Social Security number as provided in
state or federal law.
(c) Notwithstanding IC 4-1-10-3, the agency and the boards may
allow access to the Social Security number of each person who is
licensed under this chapter or has applied for a license under this
chapter to:
(1) a testing service that provides the examination for licensure
to the agency or the boards; or
(2) an individual state regulatory board or an organization
composed of state regulatory boards for the applicant's or
licensee's profession for the purpose of coordinating licensure
and disciplinary activities among the individual states.
SOURCE: IC 25-1-6-10; (06)CC033301.1.19. -->
SECTION 19. IC 25-1-6-10 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]:
Sec. 10. (a) An individual who applies for a license
issued by a board under this chapter or who holds a license issued
by a board under this chapter shall provide the individual's Social
Security number to the licensing agency.
(b) The licensing agency and the boards shall collect and release
the applicant's or licensee's Social Security number as otherwise
provided in state or federal law.
(c) Notwithstanding IC 4-1-10-3, the licensing agency and the
boards may allow access to the Social Security number of each
person who is licensed under this chapter or has applied for a
license under this chapter to:
(1) a testing service that provides the examination for licensure
to the licensing agency or the boards; or
(2) an individual state regulatory board or an organization
composed of state regulatory boards for the applicant's or
licensee's profession for the purpose of coordinating licensure
and disciplinary activities among the individual states.
SOURCE: IC 25-1-8-6; (06)CC033301.1.20. -->
SECTION 20. IC 25-1-8-6, AS AMENDED BY P.L.206-2005,
SECTION 13, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 6. (a) As used in this section,
"board"
has the meaning set forth in IC 25-1-4-0.3. means any 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 athletic trainers board (IC 25-5.1-2-1).
(4) Indiana auctioneer commission (IC 25-6.1-2-1).
(5) State board of barber examiners (IC 25-7-5-1).
(6) State boxing commission (IC 25-9-1).
(7) Board of chiropractic examiners (IC 25-10-1).
(8) State board of cosmetology examiners (IC 25-8-3-1).
(9) State board of dentistry (IC 25-14-1).
(10) Indiana dietitians certification board (IC 25-14.5-2-1).
(11) State board of registration for professional engineers (IC
25-31-1-3).
(12) Board of environmental health specialists (IC 25-32-1).
(13) State board of funeral and cemetery service (IC 25-15-9).
(14) Indiana state board of health facility administrators (IC
25-19-1).
(15) Committee on hearing aid dealer examiners (IC
25-20-1-1.5).
(16) Home inspectors licensing board (IC 25-20.2-3-1).
(17) Indiana hypnotist committee (IC 25-20.5-1-7).
(18) State board of registration for land surveyors (IC
25-21.5-2-1).
(19) Manufactured home installer licensing board (IC 25-23.7).
(20) Medical licensing board of Indiana (IC 25-22.5-2).
(21) Indiana state board of nursing (IC 25-23-1).
(22) Occupational therapy committee (IC 25-23.5).
(23) Indiana optometry board (IC 25-24).
(24) Indiana board of pharmacy (IC 25-26).
(25) Indiana physical therapy committee (IC 25-27).
(26) Physician assistant committee (IC 25-27.5).
(27) Indiana plumbing commission (IC 25-28.5-1-3).
(28) Board of podiatric medicine (IC 25-29-2-1).
(29) Private detectives licensing board (IC 25-30-1-5.1).
(30) State psychology board (IC 25-33).
(31) Indiana real estate commission (IC 25-34.1-2).
(32) Real estate appraiser licensure and certification board (IC
25-34.1-8).
(33) Respiratory care committee (IC 25-34.5).
(34) Social worker, marriage and family therapist, and mental
health counselor board (IC 25-23.6).
(35) Speech-language pathology and audiology board (IC
25-35.6-2).
(36) Indiana board of veterinary medical examiners (IC
15-5-1.1).
(b) This section does not apply to a license, certificate, or registration
that has been revoked or suspended.
(c) Notwithstanding any other law regarding the reinstatement of a
delinquent or lapsed license, certificate, or registration, the holder of a
license, certificate, or registration that was issued by the board that is
three (3) years or less delinquent must be reinstated upon meeting the
following requirements:
(1) Submission of the holder's completed renewal application.
(2) Payment of the current renewal fee established by the board
under section 2 of this chapter.
(3) Payment of a reinstatement fee established by the Indiana
professional licensing agency.
(4) If a law requires the holder to complete continuing education as
a condition of renewal, the holder shall provide the board with a
sworn statement, signed by the holder, that the holder has fulfilled
the continuing education requirements required by the board for the
current renewal period.
(d) Notwithstanding any other law regarding the reinstatement of a
delinquent or lapsed license, certificate, or registration, unless a statute
specifically does not allow a license, certificate, or registration to be
reinstated if it has lapsed for more than three (3) years, the holder of a
license, certificate, or registration that was issued by the board that is
more than three (3) years delinquent must be reinstated upon meeting
the following requirements:
(1) Submission of the holder's completed renewal application.
(2) Payment of the current renewal fee established by the board
under section 2 of this chapter.
(3) Payment of a reinstatement fee equal to the current initial
application fee.
(4) If a law requires the holder to complete continuing education as
a condition of renewal, the holder shall provide the board with a
sworn statement, signed by the holder, that the holder has fulfilled
the continuing education requirements required by the board for the
current renewal period.
(5) Complete such remediation and additional training as deemed
appropriate by the board given the lapse of time involved.
(6) Any other requirement that is provided for in statute or rule that
is not related to fees.
SOURCE: IC 25-4-1-14; (06)CC033301.1.21. -->
SECTION 21. IC 25-4-1-14, AS AMENDED BY P.L.194-2005,
SECTION 14, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 14. (a) Every registered architect
who continues in active practice shall, biennially, on or before 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. A registered architect whose certificate of registration has
expired may have the certificate restored only upon payment of the
required fee under IC 25-1-8-7. IC 25-1-8-6.
(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 fee required under IC 25-1-8-7. IC 25-1-8-6.
(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 renewal fee equal to the fee set by the board to renew an
unexpired registration under this chapter.
SOURCE: IC 25-4-1-16; (06)CC033301.1.22. -->
SECTION 22. IC 25-4-1-16, AS AMENDED BY P.L.194-2005,
SECTION 15, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 16. (a) The fee to be paid by an
applicant for an examination to determine the applicant's fitness to
receive a certificate of registration as a registered architect shall be
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 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 established under
IC 25-1-8-7. IC 25-1-8-6. 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 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 established by the board under IC 25-1-8-2.
SOURCE: IC 25-4-1-31; (06)CC033301.1.23. -->
SECTION 23. IC 25-4-1-31 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 31. (a) The board may
adopt rules under IC 4-22-2 to do the following:
(1) Require continuing education and training for architects.
(2) Set minimum requirements for continuing education and
training for architects.
(3) Set minimum requirements for continuing education instructors
approved by the board.
(b) The rules adopted under this section must require an architect to
comply with the following: renewal requirements:
(1) The architect shall provide the board with a sworn statement
signed by the architect that the architect has fulfilled the continuing
education requirements required by the board.
(2) The architect shall retain copies of certificates of completion for
continuing education courses for three (3) years after the end of the
licensing period for which the continuing education applied. The
architect shall provide the board with copies of the certificates of
completion upon the board's request for a compliance audit.
requirements under IC 25-1-4.
(c) Every two (2) years the board shall randomly audit for compliance
more than one percent (1%) but less than ten percent (10%) of the
architects required to take continuing education courses.
SOURCE: IC 25-4-2-13; (06)CC033301.1.24. -->
SECTION 24. IC 25-4-2-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 13. (a) The board may
adopt rules under IC 4-22-2 to do the following:
(1) Require continuing education and training for landscape
architects.
(2) Set minimum requirements for continuing education and
training for landscape architects.
(3) Set minimum requirements for continuing education instructors
approved by the board.
(b) The rules adopted under this section must require a landscape
architect to comply with the following: renewal requirements:
(1) The landscape architect shall provide the board with a sworn
statement signed by the landscape architect that the landscape
architect has fulfilled the continuing education requirements
required by the board.
(2) The landscape architect shall retain copies of certificates of
completion for continuing education courses for three (3) years
after the end of the licensing period for which the continuing
education applied. The landscape architect shall provide the board
with copies of the certificates of completion upon the board's
request for a compliance audit. requirements under IC 25-1-4.
(c) Every two (2) years the board shall randomly audit for compliance
more than one percent (1%) but less than ten percent (10%) of the
landscape architects required to take continuing education courses.
SOURCE: IC 25-6.1-3-2; (06)CC033301.1.25. -->
SECTION 25. IC 25-6.1-3-2, AS AMENDED BY P.L.194-2005,
SECTION 19, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: 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 application for an
auctioneer license, each individual shall pay a nonrefundable
examination fee established by the commission under IC 25-1-8-2.
(e) When applying for a renewal of an auctioneer license, each
individual shall do the following:
(1) 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 approved by the commission that covers subjects and
topics of knowledge required to practice as an auctioneer. The
commission shall hold examinations as the commission may prescribe.
(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 on the date established by the licensing
agency under IC 25-1-6-4 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 reinstatement fee established under IC 25-1-8-7
IC 25-1-8-6 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
reinstatement of an expired license is not required to complete the initial
eighty (80) hour education requirement under this section in order to
reinstate 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 25-7-5-17; (06)CC033301.1.26. -->
SECTION 26. IC 25-7-5-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 17. The agency shall
do the following:
(1) Furnish the board with suitable quarters to conduct the board's
business.
(2) Maintain a record of:
(A) the proceedings of the board;
(B) each person licensed under this article, including the person's
name and address; and
(C) the licenses issued under this article, including the:
(i) number assigned to the license by the agency;
(ii) date the license was issued; and
(iii) actions taken by the board concerning the license,
including any renewal suspension, or revocation; and action
taken under IC 25-1-11.
(D) rejected applications for a license under this article.
SOURCE: IC 25-7-6-5; (06)CC033301.1.27. -->
SECTION 27. IC 25-7-6-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. (a) The board shall
conduct an a written examination of the applicants for a barber license
at least four (4) times each year. The tests examinations described in
this section:
(1) shall be conducted at the times and places determined by the
board; and
(2) must concern the licensed activity of barbering, as the
licensed activity is customarily taught in a barber school.
The examination may be administered through computer based
testing.
(b) The examinations described in subsection (a) must include:
(1) Each applicant must pass a practical demonstration
examination of the acts permitted by the license. and
(2) a written examination concerning the licensed activity, as the
licensed activity is customarily taught in a The practical
examination must be administered by the applicant's barber
school.
SOURCE: IC 25-7-6-14; (06)CC033301.1.28. -->
SECTION 28. IC 25-7-6-14, AS AMENDED BY P.L.194-2005,
SECTION 24, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 14. An expired barber license may
be reinstated by payment of the reinstatement and renewal fees required
under IC 25-1-8-2 and IC 25-1-8-7 IC 25-1-8-6 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 reinstate the license only by:
(1) applying for reinstatement of the license;
(2) paying the fees set forth under IC 25-7-11 and IC 25-1-8-7;
IC 25-1-8-6; 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 25-7-7-3; (06)CC033301.1.29. -->
SECTION 29. IC 25-7-7-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. The application
described in section 2 of this chapter must state that:
(1) the proposed school will require students to successfully
complete at least one thousand five hundred (1,500) hours of course
work as a requirement for graduation;
(2) not more than eight (8) hours of course work may be taken by
a student during one (1) day;
(3) the course work will provide instruction to students in all
theories and practical applications of barbering, including:
(A) the scientific fundamentals for barbering, hygiene, and
bacteriology;
(B) the histology of hair, skin, muscles, and nerves;
(C) the structure of the head, face, and neck;
(D) elementary chemistry relating to sterilization and antiseptics;
(E) cutting, shaving, arranging, dressing, coloring, bleaching,
tinting, and permanent waving of the hair; and
(F) at least ten (10) hours of study on skin and diseases of the
skin under a certified dermatologist;
(4) the school will provide one (1) instructor for each group of
twenty (20) or fewer students;
(5) the school will be operated under the personal supervision of a
licensed barber instructor;
(6) the applicant has obtained:
(A) a building permit;
(B) a certificate of occupancy; or
(C) any other planning approval required under IC 22-15-3 and
IC 36-7-4;
required to operate the school;
(7) the school, if located in the same building as a residence, will:
(A) be separated from the residence by a substantial floor to
ceiling partition; and
(B) have a separate entrance; and
(8) as a requirement for graduation, the proposed school must:
(A) administer; and
(B) require the student to pass;
a final practical demonstration examination of the acts
permitted by the license; and
(8) (9) the applicant has paid the fee set forth in IC 25-7-11-2.
SOURCE: IC 25-7-7-3.5; (06)CC033301.1.30. -->
SECTION 30. IC 25-7-7-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 3.5. (a) A barber school licensed under this
chapter shall require each student for graduation to pass a final
examination that tests the student's practical knowledge of the
curriculum studied.
(b) The board shall consider an applicant for the barbering
professional examination as fulfilling the practical examination
requirement established in IC 25-7-6-5 after successfully
completing the final practical demonstration examination.
(c) A passing score of at least seventy-five percent (75%) is
required on the final practical demonstration examination.
(d) A barber school licensed under this chapter shall allow each
student for graduation at least three (3) attempts to pass the final
practical demonstration examination.
(e) The board may monitor the administration of the final
practical demonstration examination for any of the following
purposes:
(1) As a result of a complaint received.
(2) As part of random observations.
(3) To collect data.
SOURCE: IC 25-7-10-3; (06)CC033301.1.31. -->
SECTION 31. IC 25-7-10-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) The application
described in section 2 of this chapter must state that the applicant:
(1) is either:
(A) at least eighteen (18) years of age; or
(B) at least seventeen (17) years of age and is a graduate of an
accredited high school;
(2) has graduated from an approved barber school with not less
than one thousand five hundred (1,500) hours of training;
(3) has received a satisfactory grade (as described in IC 25-7-6-6)
on an examination for barber license applicants prescribed by the
board;
(4) has not committed an act that could subject the applicant to
discipline under IC 25-1-11; and
(5) has a certificate from a physician licensed in Indiana stating:
(A) that the applicant is free from any contagious, infectious, or
communicable disease that has been epidemiologically
demonstrated to be transmitted through casual contact during the
practice of barbering; and
(B) the results of a tubercular and a Wasserman test; and
(6) (5) has paid the fee set forth in IC 25-7-11 for the issuance of
a license under this chapter.
(b) The certificate required by subsection (a)(5) must be dated less
than thirty (30) days before the date that the applicant is examined
under IC 25-7-6.
SOURCE: IC 25-7-10-4; (06)CC033301.1.32. -->
SECTION 32. IC 25-7-10-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. (a) If a person does
not receive a satisfactory grade on the written examination described
in IC 25-7-6-5, the person may repeat the examination within ninety
(90) days after the date of the examination without completing any
additional study in barbering.
(b) If a person does not receive a satisfactory grade on the repeat
examination described in subsection (a), the person will be permitted to
repeat the examination only upon proof of completion of two hundred
fifty (250) additional hours of training at an approved barber school.
SOURCE: IC 25-7-11-2; (06)CC033301.1.33. -->
SECTION 33. IC 25-7-11-2, AS AMENDED BY P.L.194-2005,
SECTION 27, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 2. (a) The board shall 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 reinstating a barber school license under IC 25-1-8-7.
IC 25-1-8-6.
(c) A barber school license may not be reinstated if at least one (1)
year has 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 established by the board under IC 25-1-8-2.
SOURCE: IC 25-7-11-5; (06)CC033301.1.34. -->
SECTION 34. IC 25-7-11-5, AS AMENDED BY P.L.194-2005,
SECTION 30, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 5. (a) The board shall establish fees
under IC 25-1-8-2 for providing an examination to an applicant for a
barber license.
(b) The board shall establish fees under IC 25-1-8-2 for issuing or
renewing a barber license.
(c) The board shall charge a fee established under IC 25-1-8-7
IC 25-1-8-6 for reinstating a barber license.
SOURCE: IC 25-8-2-5; (06)CC033301.1.35. -->
SECTION 35. IC 25-8-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. (a) "Cosmetology"
means performing any of the following acts on the head, face, neck,
shoulders, torso, arms, hands, legs, or feet of a person:
(1) Cutting, trimming, styling, arranging, dressing, curling, waving,
permanent waving, cleansing, bleaching, tinting, coloring, or
similarly treating hair.
(2) Applying oils, creams, antiseptics, clays, lotions, or other
preparations to massage, cleanse, stimulate, manipulate, exercise,
or beautify.
(3) Arching eyebrows.
(4) Using depilatories.
(5) Manicuring and pedicuring.
(b) "Cosmetology" does not include performing any of the acts
described in subsection (a):
(1) in treating illness or disease;
(2) as a student in a cosmetology school that complies with the
notice requirements set forth in IC 25-8-5-6; or
(3) in performing shampooing operations; or
(3) (4) without compensation.
SOURCE: IC 25-8-2-5.5; (06)CC033301.1.36. -->
SECTION 36. IC 25-8-2-5.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5.5. "Cosmetology
professional" refers to the following:
(1) A master cosmetologist licensed under IC 25-8-8.
(2) (1) A cosmetologist licensed under IC 25-8-9.
(3) (2) An electrologist licensed under IC 25-8-10.
(4) (3) A manicurist licensed under IC 25-8-11.
(5) A shampoo operator licensed under IC 25-8-12.
(6) (4) An esthetician licensed under IC 25-8-12.5.
(7) (5) An instructor licensed under IC 25-8-6.
SOURCE: IC 25-8-3-28; (06)CC033301.1.37. -->
SECTION 37. IC 25-8-3-28 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 28. (a) A member of
the board or any inspector or investigator may inspect:
(1) a cosmetology salon;
(2) an electrology salon;
(3) an esthetic salon;
(4) a manicuring salon; or
(5) a cosmetology school;
during its regular business hours.
(b) A member of the board, an inspector, or an investigator must
inspect the salon or school at least once after the applicant applies for
a renewal under IC 25-8-4-18 and before the license is renewed.
SOURCE: IC 25-8-4-7; (06)CC033301.1.38. -->
SECTION 38. IC 25-8-4-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 7. (a) Each applicant
must pass a final practical demonstration examination of the acts
permitted by the license. The applicant's cosmetology school shall
administer the final practical demonstration examination.
(b) The board shall conduct an a written examination of the
applicants for a cosmetologist license at least once each month. The
board shall conduct an a written examination of the applicants for all
other licenses issued under this article at least four (4) times each year.
The tests written examinations described in this section:
(1) shall be conducted at the times and places determined by the
board; and
(2) may be administered through computer based testing.
SOURCE: IC 25-8-4-19; (06)CC033301.1.39. -->
SECTION 39. IC 25-8-4-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 19. The board shall
renew a license if the license holder
(1) pays the fee set forth in IC 25-8-13 to renew the license before
the license is to expire. and
(2) fulfills the continuing education requirements under IC 25-8-15.
SOURCE: IC 25-8-4-21; (06)CC033301.1.40. -->
SECTION 40. IC 25-8-4-21, AS AMENDED BY P.L.194-2005,
SECTION 33, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 21. Except as provided in
IC 25-8-9-11, the board may, upon application, reinstate a license under
this chapter that has expired if the person holding the license:
(1) pays renewal fees established by the board under IC 25-1-8-2;
(2) pays the license reinstatement fee established under
IC 25-1-8-7; IC 25-1-8-6; and
(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 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 25-8-4-23; (06)CC033301.1.41. -->
SECTION 41. IC 25-8-4-23, AS AMENDED BY P.L.194-2005,
SECTION 35, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 23. The board may 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 reinstatement fee established under IC 25-1-8-7;
IC 25-1-8-6; 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 reinstated.
SOURCE: IC 25-8-5-3; (06)CC033301.1.42. -->
SECTION 42. IC 25-8-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. The application
described in section 2 of this chapter must state that:
(1) as a requirement for graduation, the proposed school will
require its students to successfully complete at least the one
thousand five hundred (1,500) hours of course work required to be
eligible to sit for the licensing examination;
(2) no more than eight (8) hours of course work may be taken by a
student during one (1) day;
(3) the course work will instruct the students in all theories and
practical application of the students' specific course of study;
(4) the school will provide one (1) instructor for each twenty (20)
students or any fraction of that number;
(5) the school will be operated under the personal supervision of a
licensed cosmetologist instructor;
(6) the person has obtained any building permit, certificate of
occupancy, or other planning approval required under IC 22-15-3
and IC 36-7-4 to operate the school;
(7) the school, if located in the same building as a residence, will:
(A) be separated from the residence by a substantial floor to
ceiling partition; and
(B) have a separate entry; and
(8) as a requirement for graduation, the proposed school must:
(A) administer; and
(B) require the student to pass;
a final practical demonstration examination of the acts
permitted by the license; and
(8) (9) the applicant has paid the fee set forth in IC 25-8-13-3.
SOURCE: IC 25-8-5-4.2; (06)CC033301.1.43. -->
SECTION 43. IC 25-8-5-4.2 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]:
Sec. 4.2. (a) A cosmetology school licensed under
this chapter shall require each student for graduation to pass a
final examination that tests the student's practical knowledge of the
curriculum studied.
(b) The board shall consider an applicant for the cosmetology
professional examination as fulfilling the practical examination
requirement established by IC 25-8-4-8(1) after successfully
completing the final practical demonstration examination.
(c) A passing score of at least seventy-five percent (75%) is
required on the final practical demonstration examination.
(d) The cosmetology school licensed under this chapter shall
allow each student for graduation at least three (3) attempts to
pass the final practical demonstration examination.
(e) The board may monitor the administration of the final
practical demonstration examination for any of the following
purposes:
(1) As a result of a complaint received.
(2) As part of random observations.
(3) To collect data.
SOURCE: IC 25-8-9-7; (06)CC033301.1.44. -->
SECTION 44. IC 25-8-9-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 7. The board may issue
a temporary work permit to practice cosmetology, electrology, esthetics,
manicuring, shampooing, or the instruction of cosmetology, esthetics,
or electrology.
SOURCE: IC 25-8-9-8; (06)CC033301.1.45. -->
SECTION 45. IC 25-8-9-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 8. A person must file
a verified application for a temporary:
(1) cosmetologist work permit;
(2) electrologist work permit;
(3) esthetician work permit;
(4) manicurist work permit;
(5) shampoo operator work permit;
(6) (5) cosmetology instructor work permit;
(7) (6) esthetics instructor work permit; or
(8) (7) electrology instructor work permit;
with the board on a form prescribed by the board to obtain that work
permit.
SOURCE: IC 25-8-9-9; (06)CC033301.1.46. -->
SECTION 46. IC 25-8-9-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 9. (a) The temporary
cosmetologist work permit application described in section 8 of this
chapter must state that the applicant:
(1) will practice cosmetology under the supervision of a
cosmetologist; and
(2) has filed an application under:
(A) section 2 of this chapter, but has not taken the examination
described by section 3(4) of this chapter; or
(B) IC 25-8-4-2 and is awaiting a board determination.
(b) The temporary electrologist work permit application described in
section 8 of this chapter must state that the applicant:
(1) will practice electrology under the supervision of an
electrologist; and
(2) has filed an application under:
(A) IC 25-8-10-2, but has not taken the examination described in
IC 25-8-10-3(3); or
(B) IC 25-8-4-2 and is awaiting a board determination.
(c) The temporary esthetician work permit application described in
section 8 of this chapter must state that the applicant:
(1) will practice esthetics under the supervision of an esthetician;
and
(2) has filed an application under:
(A) IC 25-8-12.5-3, but has not taken the examination described
in IC 25-8-12.5-4(a)(4); IC 25-8-12.5-4(4); or
(B) IC 25-8-4-2 and is awaiting a board determination.
(d) The temporary manicurist work permit application described in
section 8 of this chapter must state that the applicant:
(1) will practice manicuring under the supervision of a
cosmetologist or manicurist; and
(2) has filed an application under:
(A) IC 25-8-11-3, but has not taken the examination described in
IC 25-8-11-4(4); or
(B) IC 25-8-4-2 and is awaiting a board determination.
(e) The temporary shampoo operator work permit application
described in section 8 of this chapter must state that the applicant:
(1) will practice shampooing under the supervision of a
cosmetologist; and
(2) has filed an application under:
(A) IC 25-8-12-2, but has not taken the examination described in
IC 25-8-12-3(4); or
(B) IC 25-8-4-2 and is awaiting a board determination.
(f) (e) The temporary cosmetology instructor work permit application
described in section 8 of this chapter must state that the applicant:
(1) will practice the instruction of cosmetology under the
supervision of a cosmetology instructor; and
(2) has filed an application under:
(A) IC 25-8-6-2, but has not taken the examination described in
IC 25-8-6-3(6); or
(B) IC 25-8-4-2 and is awaiting a board determination.
(g) (f) The temporary esthetics instructor work permit application
described in section 8 of this chapter must state that the applicant:
(1) will practice the instruction of esthetics under the supervision
of a cosmetology or an esthetics instructor; and
(2) has filed an application under:
(A) IC 25-8-6.1-2, but has not taken the examination described
in IC 25-8-6.1-3(6); or
(B) IC 25-8-4-5 and is awaiting a board determination described
in IC 25-8-4-2.
(h) (g) The temporary electrology instructor work permit application
described in section 8 of this chapter must state that the applicant:
(1) will practice the instruction of electrology under the supervision
of an electrology instructor; and
(2) has filed an application under:
(A) IC 25-8-6.2-2, but has not taken the examination described
in IC 25-8-6.2-3(6); or
(B) IC 25-8-4-2 and is awaiting a board determination.
SOURCE: IC 25-8-13-3; (06)CC033301.1.47. -->
SECTION 47. IC 25-8-13-3, AS AMENDED BY P.L.194-2005,
SECTION 41, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 3. (a) The board shall charge a fee
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 established under IC 25-1-8-7
IC 25-1-8-6 for reinstating a cosmetology school license.
SOURCE: IC 25-8-13-4; (06)CC033301.1.48. -->
SECTION 48. IC 25-8-13-4, AS AMENDED BY P.L.194-2005,
SECTION 42, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 4. (a) The board shall charge a fee
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
IC 25-1-8-6 for reinstating an instructor license.
SOURCE: IC 25-8-13-5; (06)CC033301.1.49. -->
SECTION 49. IC 25-8-13-5, AS AMENDED BY P.L.194-2005,
SECTION 43, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 5. (a) The board shall charge a fee
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 established under IC 25-1-8-7
IC 25-1-8-6 for reinstating:
(1) a cosmetology salon license;
(2) an electrology salon license;
(3) an esthetic salon license; or
(4) a manicurist salon license.
SOURCE: IC 25-8-13-7; (06)CC033301.1.50. -->
SECTION 50. IC 25-8-13-7, AS AMENDED BY P.L.194-2005,
SECTION 45, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 7. (a) The board shall charge a fee
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 established by the board under
IC 25-1-8-2 for issuing or renewing a cosmetologist license.
(c) The board shall charge a fee established under IC 25-1-8-7
IC 25-1-8-6 for reinstating a cosmetologist license.
(d) The board shall charge a fee 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; (06)CC033301.1.51. -->
SECTION 51. IC 25-8-13-8, AS AMENDED BY P.L.194-2005,
SECTION 46, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 8. (a) The board shall charge a fee
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 established by the board under
IC 25-1-8-2 for issuing or renewing an electrologist license.
(c) The board shall charge a fee established under IC 25-1-8-7
IC 25-1-8-6 for reinstating an electrologist license.
(d) The board shall charge a fee 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; (06)CC033301.1.52. -->
SECTION 52. IC 25-8-13-9, AS AMENDED BY P.L.194-2005,
SECTION 47, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 9. (a) The board shall charge a fee
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 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
IC 25-1-8-6 for reinstating a manicurist license.
(d) The board shall charge a fee 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 25-8-13-11; (06)CC033301.1.53. -->
SECTION 53. IC 25-8-13-11, AS AMENDED BY P.L.194-2005,
SECTION 49, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 11. (a) The board shall charge a fee
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 established by the board under
IC 25-1-8-2 for issuing or renewing an esthetician license.
(c) The board shall charge a fee established under IC 25-1-8-7
IC 25-1-8-6 for reinstating an esthetician license.
(d) The board shall charge a fee 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 25-8-16-2; (06)CC033301.1.54. -->
SECTION 54. IC 25-8-16-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. An individual with
an inactive license:
(1) may not perform an act that requires a cosmetology professional
license listed under IC 25-8-2-5.5; and
(2) is not required to fulfill the continuing education requirements
under IC 25-8-15; and
(3) (2) is not required to pay any fees that a licensee is required to
pay until the inactive cosmetology professional applies for
reinstatement of the individual's license.
SOURCE: IC 25-8-16-3; (06)CC033301.1.55. -->
SECTION 55. IC 25-8-16-3, AS AMENDED BY P.L.194-2005,
SECTION 52, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 3. If an inactive cosmetology
professional intends to apply for reinstatement of the professional's
license, the cosmetology professional shall notify the board of that
intent. The board may reinstate the cosmetology professional's license
upon notification and receipt of:
(1) an application; and
(2) evidence of completion during the preceding four (4) years of
at least sixteen (16) hours of continuing education in a continuing
education course approved by the board under IC 25-8-15.
(2) the fee established by the board under IC 25-1-8-2 for
restoration of an inactive license.
SOURCE: IC 25-13-2-9; (06)CC033301.1.56. -->
SECTION 56. IC 25-13-2-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 9. (a) Subject to
IC 25-1-4-3, every two (2) years The board shall randomly audit for
compliance more than one percent (1%) but less than ten percent (10%)
of and the dental hygienists required to take hygienist shall comply
with the requirements under IC 25-1-4 concerning continuing
education. courses.
(b) When requested by the board, a dental hygienist shall provide the
board with a copy of each verification of attendance retained by the
dental hygienist for the previous three (3) years.
SOURCE: IC 25-14-3-11; (06)CC033301.1.57. -->
SECTION 57. IC 25-14-3-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 11. (a) Subject to
IC 25-1-4-3, every two (2) years The board shall randomly audit for
compliance at least one percent (1%) but not more than ten percent
(10%) of the dentists required to take and the dentist shall comply
with the requirements under IC 25-1-4 concerning continuing
education. courses.
(b) When requested by the board, a dentist shall provide the board
with a copy of each verification of attendance retained by the dentist for
the previous three (3) years.
SOURCE: IC 25-15-6-4; (06)CC033301.1.58. -->
SECTION 58. IC 25-15-6-4, AS AMENDED BY P.L.194-2005,
SECTION 54, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 4. The board shall reinstate the
expired license of an individual who:
(1) was licensed as a funeral director or embalmer;
(2) applies for reinstatement 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 established under IC 25-1-8-7; IC 25-1-8-6; and
(4) meets the continuing education requirements set by the board.
SOURCE: IC 25-15-6-6; (06)CC033301.1.59. -->
SECTION 59. IC 25-15-6-6, AS AMENDED BY P.L.194-2005,
SECTION 56, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 6. The board may 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 a fee
established under
IC 25-1-8-7, IC 25-1-8-6, 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 a fee
established under
IC 25-1-8-7, IC 25-1-8-6, 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 a fee established under IC 25-1-8-7, IC 25-1-8-6, and
otherwise meets the requirements in IC 25-15-4-3(b).
The board may not reinstate 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 25-22.5-6-1; (06)CC033301.1.60. -->
SECTION 60. IC 25-22.5-6-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. (a) Any physician
licensed to practice medicine or osteopathic medicine in this state who
intends to retire from practice shall notify the board in writing of
his the
physician's intention to retire.
and shall surrender his license to practice
to the board. Upon receipt of this notice,
and license, the board shall
record the fact that the physician is retired and excuse the person from
further payment of registration fees. If any physician
surrenders his
retires the physician's license to practice medicine or osteopathic
medicine in this state, reinstatement of the license may be considered by
the board upon written request. The board may impose any conditions
it considers appropriate to the
surrender retirement or to the
reinstatement of a
surrendered retired license. If any disciplinary
proceedings under this chapter are pending against a physician,
he the
physician may not surrender
his or retire the physician's license to
practice without the written approval of the board.
(b) Any physician licensed to practice medicine or osteopathic
medicine in this state who intends to become inactive in the practice of
medicine shall notify the board in writing that:
(1)
he the physician will not maintain an office or practice; and
(2) if
he the physician does render a service that constitutes the
practice of medicine,
he the physician will not charge a fee for that
service.
The board shall then classify the physician's license as inactive. The
renewal fee of the inactive license is one-half (1/2) of the registration
fee.
(c) If a physician holding an inactive license intends to maintain an
office or practice or charge a fee for
his the physician's medical
services,
he the physician shall notify the board of the intent to
reactivate a license to practice medicine or osteopathy.
As a condition
of reactivation, the board may require the physician to appear
before the board. This personal appearance shall be to establish
the physician's work history if the physician's license has been
inactive for more than four (4) years and the physician cannot
verify active practice history in another jurisdiction during the
period in which the physician's Indiana license has been under
inactive status. Upon:
(1) notification;
and
(2) receipt of the regular registration fee for a physician's license,
less the amount paid for the current inactive license; and
(3) either:
(A) verification of active licensure in another jurisdiction; or
(B) completion of other reasonable requirements imposed by
the board, after the physician's work history has been
established;
the board shall reinstate that physician's license.
SOURCE: IC 25-22.5-12; (06)CC033301.1.61. -->
SECTION 61. IC 25-22.5-12 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]:
Chapter 12. Residency Pilot Program for Qualified International
Medical School Graduates
Sec. 1. As used in this chapter, "graduate" means a qualified
international medical school graduate.
Sec. 2. As used in this chapter, "resident" means a graduate who
has been accepted in the residency pilot program under this
chapter.
Sec. 3. The board shall work with primary care residency
programs, limited to family medicine, pediatrics, and internal
medicine residency programs, to develop a pilot program for a
period of seven (7) academic years to better identify, evaluate, and
prepare qualified graduates for future practice in Indiana.
Sec. 4. The board shall allow family medicine, pediatrics, and
internal medicine residency programs in Indiana that elect to
participate in the residency pilot program to accept graduates
from medical schools that:
(1) are not on the board's list of approved medical schools; and
(2) are not on the list of schools disapproved for postgraduate
medical education training.
Sec. 5. The board shall develop an application process for each
approved residency program's participation in the residency pilot
program.
Sec. 6. The list of disapproved medical schools must be updated
by August 1 of each year to the best ability of the board to exclude
any medical schools that are not known to be qualified educational
institutions.
Sec. 7. The program director of a residency pilot program that
wants to participate in the residency program shall submit a letter
to the board requesting that the accepted residency candidate
receive a temporary permit for residency training. A
representative of the residency pilot program must appear with the
candidate for a hearing of the board.
Sec. 8. A temporary permit to participate in residency training
may be:
(1) issued to a graduate for one (1) year; and
(2) renewed for two (2) additional one (1) year periods;
until completion of the residency program. The board may require
the graduate to appear before the board.
Sec. 9. A candidate for the residency program must be certified
by the Education Commission for Foreign Medical Graduates
(ECFMG) to participate in the residency pilot program.
Sec. 10. The director of a participating residency pilot program
shall submit a written progress report to the board within three (3)
months after the beginning of training of a resident to verify that
the resident is providing the quality of medical care to patients
expected at the level of medical experience and training of the
resident.
Sec. 11. The residency program director shall promptly inform
the board in writing if a pilot program resident is:
(1) dismissed for failure to meet the professional expectations
of the residency program; or
(2) incapable of competent medical practice.
Sec. 12. The residency program director shall submit a report
concerning the progress of each resident to the board at the
completion of the first and second years of the resident's training
recommending renewal of the temporary medical permit for one
(1) additional year if the resident's performance is satisfactory.
Sec. 13. (a) Upon the resident's completion of the three (3) year
training program, the residency program director may be required
to appear before the board to:
(1) verify the competency of the resident; and
(2) recommend that the candidate be issued a license to enable
the candidate to practice medicine in Indiana.
If the resident was granted a temporary permit under the
residency pilot program, a graduate participating in the program
may not be issued a permanent license until the graduate completes
the three (3) years of pilot program residency training and
completes two (2) years of practice in Indiana to complete the pilot
program requirements. The type of license the graduating resident
obtains for the two (2) years of practice after residency shall be
determined by the board. The board may defer the practice
requirement if the resident requests a delay to participate in an
Accreditation Council on Graduate Medical Education (ACGME)
accredited fellowship program that enhances the practice of
primary care. The candidate must appear before the board for
permanent license approval.
(b) Failure to complete the residency pilot program for reasons
including:
(1) negligence;
(2) incompetency; or
(3) issues of professionalism;
is an adverse event reportable to medical licensing boards in other
states. Issues not related to performance are not reportable events.
Sec. 14. International medical school graduates who have
successfully completed the residency pilot program and have met
all requirements of this chapter:
(1) shall be given equal standing for licensure with other
international medical school graduates who have graduated
from approved medical schools; and
(2) must meet all other licensure requirements under
IC 25-22.5-3-1.
Sec. 15. The board shall collect information and data during the
residency pilot program concerning the:
(1) successes of;
(2) failures of;
(3) difficulties encountered in; and
(4) number of residents involved in, entering, and graduating
from;
the program.
The information must include data based on the six (6) required
ACGME competencies used to evaluate all residents.
Sec. 16. There may not be more than two (2) graduates allowed
under this pilot program for each approved primary care
residency program.
Sec. 17. This chapter expires December 31, 2013.
SOURCE: IC 25-23-1-19.8; (06)CC033301.1.62. -->
SECTION 62. IC 25-23-1-19.8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 19.8. (a) Before
December 31 of an even-numbered year, the bureau Indiana
professional licensing agency or the bureau's agency's designee shall
randomly audit at least one percent (1%) but not more than ten percent
(10%) of the practice agreements of advanced practice nurses with
authority to prescribe legend drugs under section 19.5 of this chapter to
determine whether the practice agreement meets the requirements of this
chapter or rules adopted by the board.
(b) The bureau Indiana professional licensing agency shall
establish an audit procedure, which may include the following:
(1) Requiring the advanced practice nurse to provide the bureau
agency with a copy of verification of attendance at or completion
of a continuing education course or program the advanced practice
nurse attended during the previous two (2) years.
(2) Requiring the advanced practice nurse and the licensed
practitioner who have entered into a practice agreement to submit
information on a form prescribed by the bureau agency that must
include a sworn statement signed by the advanced practice nurse
and the licensed practitioner that the parties are operating within the
terms of the practice agreement and the requirements under this
chapter or rules adopted by the board.
(3) Reviewing patient health records and other patient information
at the practice location or by requiring the submission of accurate
copies to determine if the parties are operating within the terms of
the practice agreement and the requirements under this chapter or
rules adopted by the board.
(4) After a reasonable determination that the advanced practice
nurse and the licensed practitioner who have entered into a practice
agreement are not operating within the terms of the practice
agreement, requiring the parties to appear before the bureau agency
or the bureau's agency's designee to provide evidence of
compliance with the practice agreement.
(c) Not more than sixty (60) days after the completion of the audit
required in subsection (a), the bureau Indiana professional licensing
agency shall provide the board with the following:
(1) A summary of the information obtained in the audit.
(2) A statement regarding whether an advanced practice nurse and
a licensed practitioner who have entered into a practice agreement
that is audited under subsection (a) are operating within the terms
of the practice agreement.
The bureau agency shall also provide a copy of the information
described in this subsection to the board that regulates the licensed
practitioner.
(d) The bureau Indiana professional licensing agency may cause to
be served upon the advanced practice nurse an order to show cause to
the board as to why the board should not impose disciplinary sanctions
under IC 25-1-9-9 on the advanced practice nurse for the advanced
practice nurse's failure to comply with:
(1) an audit conducted under this section; or
(2) the requirements of a practice agreement under this chapter.
(e) Except for a violation concerning continuing education
requirements under IC 25-1-4, the board shall hold a hearing in
accordance with IC 4-21.5 and state the date, time, and location of the
hearing in the order served under subsection (d).
(f) The board that regulates the licensed practitioner may cause to be
served upon the licensed practitioner an order to show cause to the
board as to why the board should not impose disciplinary sanctions
under IC 25-1-9-9 on the licensed practitioner for the licensed
practitioner's failure to comply with:
(1) an audit conducted under this section; or
(2) the requirements of a practice agreement under this chapter.
(g) The board that regulates the licensed practitioner shall hold a
hearing in accordance with IC 4-21.5 and state the date, time, and
location of the hearing in the order served under subsection (f).
(h) An order to show cause issued under this section must comply
with the notice requirements of IC 4-21.5.
(i) The licensed practitioner may divulge health records and other
patient information to the bureau Indiana professional licensing
agency or the bureau's agency's designee. The licensed practitioner is
immune from civil liability for any action based upon release of the
patient information under this section.
SOURCE: IC 25-23.7-6-1; (06)CC033301.1.63. -->
SECTION 63. IC 25-23.7-6-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. Notwithstanding
IC 25-1-2, the holder of a license issued under IC 25-23.7-5 expires
must renew the license and pay the required renewal fee every four
(4) years after it is issued at a time and on or before the date
designated established by the board. Indiana professional licensing
agency under IC 25-1-6-4.
SOURCE: IC 25-24-1-3.2; (06)CC033301.1.64. -->
SECTION 64. IC 25-24-1-3.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3.2. (a)
Notwithstanding section 3 of this chapter, the board may issue or renew
a limited license to practice optometry at the Indiana University School
of Optometry if the applicant:
(1) holds an active license in another jurisdiction; and
(2) meets the continuing education requirements under section 14.1
of this chapter.
(b) A limited license issued under this section is valid for two (2)
years.
(c) A limited license issued under this section does not allow the
holder of the license to be granted or have renewed a certificate to
administer, dispense, or prescribe legend drugs unless the holder of the
license meets the requirements of IC 25-26-15-15, IC 25-26-15-16, and
IC 25-26-15-18. IC 25-24-3-12, IC 25-24-3-13, and IC 25-23-3-15.
SOURCE: IC 25-24-3; (06)CC033301.1.65. -->
SECTION 65. IC 25-24-3 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]:
Chapter 3. Optometric Legend Drugs
Sec. 1. As used in this chapter, "associated structures of the eye"
means the:
(1) eyelids;
(2) eyebrows;
(3) conjunctiva;
(4) lachrymal apparatus; and
(5) orbital tissues.
Sec. 2. As used in this chapter, "administer" means the direct
application of a legend drug by an optometrist to a patient.
Sec. 3. As used in this chapter, "board" means the Indiana
optometry board established by IC 25-24-1-1.
Sec. 4. As used in this chapter, "diagnostic legend drug" means
a pharmacological agent approved by the board that is used in the
examination of the human eye to detect abnormalities.
Sec. 5. As used in this chapter, "dispense" means to deliver a
legend drug to an ultimate user by or pursuant to a lawful order of
an optometrist. The term includes the:
(1) prescribing;
(2) administering;
(3) packaging;
(4) labeling; or
(5) compounding;
necessary to prepare the drug for delivery.
Sec. 6. As used in this chapter, "legend drug" has the meaning set
forth in IC 16-18-2-199. The term does not include controlled
substances (as defined in IC 35-48-1-9).
Sec. 7. As used in this chapter, "optometrist" means an
individual licensed as an optometrist under IC 25-24-1.
Sec. 8. As used in this chapter, "prescription" means a written
order or an order transmitted by other means of communication
that is immediately reduced to writing by the pharmacist or, for
electronically transmitted orders, recorded in an electronic format
from an optometrist to or for an ultimate user for a drug or device,
containing:
(1) the name and address of the patient;
(2) the date of issue;
(3) the name and strength or size (if applicable) of the drug or
device;
(4) the amount to be dispensed (unless indicated by directions
and duration of therapy);
(5) adequate directions for the proper use of the drug or device
by the patient;
(6) the name and certification number of the prescribing
optometrist; and
(7) if the prescription:
(A) is in written form, the signature of the optometrist; or
(B) is in electronic form, the electronic signature of the
optometrist.
Sec. 9. As used in this chapter, "therapeutic legend drug" means
a pharmacological agent that is used in the treatment of a
diagnosed condition of the:
(1) human eye; or
(2) associated structures of the human eye.
Sec. 10. The board shall do the following:
(1) Adopt rules under IC 4-22-2 to do the following:
(A) Establish a formulary of legend drugs that may be
prescribed, dispensed, or administered by an optometrist.
(B) Set fees described in IC 25-1-8.
(C) Carry out this chapter.
(2) Establish education and training requirements in ocular
pharmacology required for certification to do the following:
(A) Administer therapeutic legend drugs.
(B) Dispense legend drugs.
(C) Prescribe legend drugs.
(3) Establish continuing education requirements for renewal of
the certificate issued under this chapter.
Sec. 11. (a) The formulary established under section 10 of this
chapter shall include legend drugs that:
(1) may be independently prescribed by an optometrist; or
(2) must be dependently prescribed by an optometrist.
(b) If a legend drug is designated in the formulary as one (1) that
must be dependently prescribed, the formulary must designate:
(1) those legend drugs for which the optometrist must notify
only the patient's physician that the optometrist is prescribing
the legend drug; and
(2) those legend drugs for which the optometrist must consult
with the patient's physician before prescribing the legend drug.
(c) If the patient has no physician, the optometrist must
document such in the patient's file.
(d) If the legend drug is designated in the formulary as a legend
drug that must be dependently prescribed, the optometrist shall
indicate on the prescription that:
(1) the patient's physician has been contacted; or
(2) the patient has indicated to the optometrist that the patient
has no physician.
(e) If the legend drug is designated in the formulary as a legend
drug that may be independently prescribed, the optometrist may
prescribe the legend drug without notifying the patient's physician.
Sec. 12. The board shall issue a certificate to a licensed
optometrist who:
(1) applies; and
(2) successfully fulfills all the requirements of this chapter.
Sec. 13. An optometrist who applies for a certificate to
administer, dispense, and prescribe legend drugs must meet the
following requirements:
(1) Apply in the form and manner prescribed by the board.
(2) Provide proof of education in ocular pharmacology from a
school or college of optometry or medicine approved by the
optometry board.
(3) Pass the Treatment and Management of Ocular Disease
(TMOD) examination that is sponsored by the International
Association of Boards of Examiners in Optometry (IAB) and
administered by the National Board of Examiners in
Optometry.
(4) Pay the fee established by the board.
Sec. 14. An applicant must hold a license to practice optometry
in order to hold a certificate.
Sec. 15. The board shall renew a certificate issued under this
chapter:
(1) concurrently with the renewal of the optometrist's license
to practice optometry;
(2) upon payment of the renewal fee established by the board;
and
(3) upon completion of continuing education requirements
established under section 10 of this chapter.
Sec. 16. (a) Optometrists may administer topical diagnostic
legend drugs limited to:
(1) miotics;
(2) mydriatics;
(3) anesthetics; and
(4) cycloplegics;
without holding a certificate issued under this chapter. These
pharmaceutical agents may be applied in diagnostic procedures
only as a part of an examination of the eye.
(b) The board may authorize an optometrist holding a certificate
issued under this chapter to:
(1) administer for therapeutic use;
(2) dispense; or
(3) prescribe;
legend drugs that are included in the formulary established by the
board under section 10 of this chapter, in the treatment of any
condition of the eye or the associated structures of the eye.
Sec. 17. (a) An optometrist may not:
(1) administer, dispense, or prescribe therapeutic legend
drugs; or
(2) dispense or prescribe diagnostic legend drugs;
unless the optometrist is certified under this chapter.
(b) An optometrist may administer diagnostic legend drugs
without obtaining a certificate under this chapter.
(c) An individual who recklessly, knowingly, or intentionally
violates this chapter commits a Class A misdemeanor.
SOURCE: IC 25-26-13-16.5; (06)CC033301.1.66. -->
SECTION 66. IC 25-26-13-16.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 16.5. Pharmacists
licensed by Indiana may fill prescriptions of optometrists who are:
(1) licensed by Indiana; and
(2) certified under IC 25-26-15; IC 25-24-3;
for a drug that is included in the formulary adopted under
IC 25-26-15-13. IC 25-24-3-10.
SOURCE: IC 25-30-1-1.2; (06)CC033301.1.67. -->
SECTION 67. IC 25-30-1-1.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1.2. (a) Except as
provided in subsection (b), this chapter does not apply to a law
enforcement officer (as defined in IC 3-6-6-36) who has graduated from
the law enforcement training academy and is employed full time as a
law enforcement officer.
(b) This chapter applies to a law enforcement officer to the extent that
the law enforcement officer is engaged in the business of private
detective as an individual with the assistance of a licensed or unlicensed
person.
SOURCE: IC 25-30-1-16; (06)CC033301.1.68. -->
SECTION 68. IC 25-30-1-16, AS AMENDED BY P.L.194-2005,
SECTION 75, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 16. (a) Unless a license is renewed,
a license and the identification cards of the licensee's employees issued
under this chapter expire on a date specified by the 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 established by the
board under IC 25-1-8-2 on or before the renewal date specified by the
licensing agency.
(b) If the holder of a license does not renew the license by the date
specified by the 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.
(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 a fee established under IC 25-1-8-7. IC 25-1-8-6.
(e) Employee identification cards issued under this chapter expire at
the same time as the license referred to in subsection (a).
SOURCE: IC 25-33-1-4.5; (06)CC033301.1.69. -->
SECTION 69. IC 25-33-1-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 4.5. (a) A person who:
(1) is licensed to practice psychology by any board or licensing
agency of another state or jurisdiction; and
(2) meets the requirements established by the board;
may be issued a temporary psychology permit limited by terms
and conditions considered appropriate by the board. A limited
scope temporary psychology permit issued under this subsection
is valid for a nonrenewable period of not more than thirty (30)
days. A psychologist may practice under a limited scope
psychology permit not more than thirty (30) days every two (2)
years.
(b) The board may adopt rules under section 3 of this chapter
establishing requirements for limited scope temporary psychology
permits.
(c) An individual who holds a limited scope temporary
psychology permit under this section may be disciplined by the
board under IC 25-1-9.
SOURCE: IC 25-33-2-4; (06)CC033301.1.70. -->
SECTION 70. IC 25-33-2-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. (a) Subject to
IC 25-1-4-3, every two (2) years The board shall randomly audit and
licensed psychologists to ensure compliance of shall comply with the
requirements concerning continuing education requirement. under
IC 25-1-4.
(b) When requested by the board, a psychologist shall provide the
board with a copy of each verification of attendance retained by the
psychologist for the previous three (3) years.
SOURCE: IC 25-34.1-3-3.1; (06)CC033301.1.71. -->
SECTION 71. IC 25-34.1-3-3.1, AS AMENDED BY P.L.194-2005,
SECTION 85, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: 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 (1) year
after passing the written examination under subdivision (4)
(A) the license fee 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).
(a)(5). 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), (a)(5), 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 on a date
specified by the 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 licensing agency. If the holder of a license
does not renew the license by the date specified by the 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 (1) year 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; (06)CC033301.1.72. -->
SECTION 72. IC 25-34.1-3-4.1, AS AMENDED BY P.L.194-2005,
SECTION 86, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: 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 (1) year after passing the
commission examination, submit the license fee 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:
(A) is a resident of Indiana; or
(B) is a principal broker under IC 25-34.1-4-3(b);
(3) cause each employee of the partnership who acts as a broker or
salesperson to be licensed; and
(4) submit the license fee 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:
(A) 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; or
(B) who is a principal broker under IC 25-34.1-4-3(b);
(2) cause each employee of the corporation who acts as a broker or
salesperson to be licensed; and
(3) submit the license fee established by the commission under
IC 25-1-8-2, 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.
(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:
(i) a resident of Indiana; or
(ii) a principal broker under IC 25-34.1-4-3(b);
(2) if a manager-managed limited liability company, have a licensed
broker:
(A) 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; or
(B) who is a principal broker under IC 25-34.1-4-3(b);
(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 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
(1) year after the date of the notice of passing the examination or the
date a license is issued.
(h) Unless the license is renewed, a broker license expires, for
individuals, on a date specified by the 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
commission under IC 25-1-8-2 on or before the renewal date specified
by the licensing agency. If the holder of a license does not renew the
license by the date specified by the licensing agency, the license expires
and becomes invalid without the board taking any action. 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 25-34.1-3-10; (06)CC033301.1.73. -->
SECTION 73. IC 25-34.1-3-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 10. (a) A salesperson
licensed under section 3.1 of this chapter or a broker licensed under
section 4.1 of this chapter may apply for and receive an inactive license
from the commission.
(b) An individual may not be granted an inactive license without the
approval of the commission if a disciplinary or suspension hearing is
pending against the individual.
(c) An individual with an inactive license:
(1) may not perform an act that requires a salesperson or broker's
license;
(2) is not required to fulfill the continuing education requirements
under IC 25-34.1-9;
(3) is required to pay any fees that a licensee is required to pay; and
(4) must fulfill the requirement requirements under
IC 25-34.1-9-11(1) IC 25-34.1-9-11 for the current licensing
period before applying for reactivation of the individual's license.
(d) Notwithstanding IC 25-34.1-9-11(2), the commission may adopt
rules under IC 4-22-2 establishing continuing education requirements
for individuals who have reactivated a license with less than twelve (12)
months remaining in the licensing period.
SOURCE: IC 25-34.1-9-20; (06)CC033301.1.74. -->
SECTION 74. IC 25-34.1-9-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 20. (a) Subject to
IC 25-1-4, the commission may deny renewal of the license of a
licensee that does not fulfill the requirements of this chapter.
(b) Suspension proceedings shall be conducted in accordance with
IC 4-21.5 and the commission has all powers granted under IC 4-21.5.
SOURCE: IC 25-35.6-1-7; (06)CC033301.1.75. -->
SECTION 75. IC 25-35.6-1-7, AS AMENDED BY HEA
1040-2006, SECTION 480, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005 (RETROACTIVE)]: Sec. 7. (a) The
professional standards board may issue the following:
(1) An initial license as a speech-language pathologist only to an
individual who is licensed as a speech-language pathologist under
this article.
(2) A renewal license as a speech-language pathologist to an
individual who was licensed by the professional standards
board before July 1, 2005, and who is not licensed as a
speech-language pathologist under this article.
(b) The professional standards board shall issue a license as a
speech-language pathologist to an individual who:
(1) is licensed as a speech-language pathologist under this article;
and
(2) requests licensure.
(b) (c) A speech-language pathologist licensed by the professional
standards board shall register with the Indiana professional licensing
agency all speech-language pathology support personnel that the
speech-language pathologist supervises.
(c) (d) The professional standards board may not impose different or
additional supervision requirements upon speech-language pathology
support personnel than the supervision requirements that are imposed
under this article.
(d) (e) The professional standards board may not impose continuing
education requirements upon an individual who receives a license under
this section that are different from or in addition to the continuing
education requirements imposed under this article.
(e) (f) An individual who:
(1) if:
(A) the individual is a speech-language pathologist, receives a
license under this section or received a license as a
speech-language pathologist issued by the professional standards
board before July 1, 2005; or
(B) the individual is an audiologist, works in an educational
setting;
(2) has been the holder of a certificate of clinical competence in
speech-language pathology or audiology or its equivalent issued by
a nationally recognized association for speech-language pathology
and audiology for at least three (3) consecutive years; and
(3) has professional experience as a licensed speech-language
pathologist or audiologist in a school setting that is equivalent to
the experience required for a teacher seeking national certification
by the National Board of Professional Teaching Standards;
is considered to have the equivalent of and is entitled to the same
benefits that accrue to a holder of a national certification issued by the
National Board for Professional Teaching Standards.
SOURCE: IC 25-1-8-7; IC 25-7-10-13; IC 25-8-2-2.5; IC 25-8-2-
16; IC 25-8-2-18; IC 25-8-4-8.5; IC 25-8-8; IC 25-8-12; IC 25-8-13-
6; IC 25-8-13-10; IC 25-8-15; IC 25-13-2-8; IC 25-13-2-11; IC 25-
13-2-12; IC 25-13-2-13; IC 25-14-3-10; IC 25-14-3-13; IC 25-14-3-
14; IC 25-14-3-15; IC 25-20-1-4; IC 25-26-15; IC 25-33-2-3.
; (06)CC033301.1.76. -->
SECTION 76. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2006]: IC 25-1-8-7; IC 25-7-10-13; IC 25-8-2-2.5;
IC 25-8-2-16; IC 25-8-2-18; IC 25-8-4-8.5; IC 25-8-8; IC 25-8-12;
IC 25-8-13-6; IC 25-8-13-10; IC 25-8-15; IC 25-13-2-8;
IC 25-13-2-11; IC 25-13-2-12; IC 25-13-2-13; IC 25-14-3-10;
IC 25-14-3-13; IC 25-14-3-14; IC 25-14-3-15; IC 25-20-1-4;
IC 25-26-15; IC 25-33-2-3.
SOURCE: ; (06)CC033301.1.77. -->
SECTION 77. [EFFECTIVE JULY 1, 2006] (a) The rules adopted
by the optometric legend drug prescription advisory committee
under IC 25-26-15-13, as repealed by this act, before July 1, 2006,
and in effect on June 30, 2006, shall be treated after June 30, 2006,
as the rules of the Indiana optometry board under IC 25-24-3, as
added by this act.
(b) Any reference in a law, a rule, a license, a registration, a
certification, or an agreement to the optometric legend drug
prescription advisory committee shall be treated after June 30,
2006, as a reference to the Indiana optometry board.
SOURCE: ; (06)CC033301.1.78. -->
SECTION 78. [EFFECTIVE UPON PASSAGE]
(a)
Notwithstanding IC 4-1-8-1, this SECTION applies instead of
IC 4-1-8-1.
(b) No individual may be compelled by any state agency, board,
commission, department, bureau, or other entity of state
government (referred to as "state agency" in this chapter) to
provide the individual's Social Security number to the state agency
against the individual's will, absent federal requirements to the
contrary. However, this subsection does not apply to the following:
(1) Department of state revenue.
(2) Department of workforce development.
(3) The programs administered by:
(A) the division of family and children;
(B) the division of mental health and addiction;
(C) the division of disability, aging, and rehabilitative
services; and
(D) the office of Medicaid policy and planning;
of the office of the secretary of family and social services.
(4) Auditor of state.
(5) State personnel department.
(6) Secretary of state, with respect to the registration of
broker-dealers, agents, and investment advisors.
(7) The legislative ethics commission, with respect to the
registration of lobbyists.
(8) Indiana department of administration, with respect to
bidders on contracts.
(9) Indiana department of transportation, with respect to
bidders on contracts.
(10) Indiana professional licensing agency.
(11) Department of insurance, with respect to licensing of
insurance producers.
(12) A pension fund administered by the board of trustees of
the public employees' retirement fund.
(13) The Indiana state teachers' retirement fund.
(14) The state police benefit system.
(15) The alcohol and tobacco commission.
(16) The state department of health, for purposes of licensing
radiologic technologists under IC 16-41-35-29(c).
(c) The bureau of motor vehicles, notwithstanding the prohibition
set forth in subsection (b), may require the following:
(1) That an individual include the individual's Social Security
number in an application for an official certificate of title for
any vehicle required to be titled under IC 9-17.
(2) That an individual include the individual's Social Security
number on an application for registration.
(3) That a corporation, limited liability company, firm,
partnership, or other business entity include its federal tax
identification number on an application for registration.
(d) The Indiana department of administration, the Indiana
department of transportation, and the Indiana professional
licensing agency may require an employer to provide its federal
employer identification number.
(e) The department of correction may require a committed
offender to provide the offender's Social Security number for
purposes of matching data with the Social Security Administration
to determine benefit eligibility.
(f) The Indiana gaming commission, notwithstanding the
prohibition set forth in subsection (b), may require the following:
(1) That an individual include the individual's Social Security
number in any application for a riverboat owner's license,
supplier's license, or occupational license.
(2) That a sole proprietorship, a partnership, an association,
a fiduciary, a corporation, a limited liability company, or any
other business entity include its federal tax identification
number on an application for a riverboat owner's license or
supplier's license.
(g) Notwithstanding the prohibition set forth in subsection (b),
the department of education established by IC 20-19-3-1 may
require an individual who applies to the department for a license
or an endorsement to provide the individual's Social Security
number. The Social Security number may be used by the
department only for conducting a background investigation, if the
department is authorized by statute to conduct a background
investigation of an individual for issuance of the license or
endorsement.
(h) This SECTION expires July 1, 2006.
SOURCE: ; (06)CC033301.1.79. -->
SECTION 79.
An emergency is declared for this act.
(Reference is to ESB 333 as reprinted March 1, 2006.)
Conference Committee Report
on
Engrossed Senate Bill 333
Text Box
S
igned by:
____________________________ ____________________________
Senator DillonRepresentative Harris T
Chairperson
____________________________ ____________________________
Senator BrodenRepresentative Oxley
Senate Conferees House Conferees