HB 1821-1_ Filed 04/27/2007, 13:31
CONFERENCE COMMITTEE REPORT
DIGEST FOR EHB 1821
Citations Affected: IC 10-13-3; IC 12-10-17.1-7; IC 16-18-2-244.5; IC 16-27; IC 20-12-21.7;
IC 20-28-1-11; IC 21-13-2; IC 25-1; IC 25-2.1-1-12; IC 25-7-7-3; IC 25-8; IC 25-9-1;
IC 25-21.5-8-7; IC 25-23.5; IC 25-23.6; IC 25-23.7-4-2; IC 25-33-1; IC 25-35.6-1;
IC 34-6-2-117; IC 35-48-3-5; IC 25-8-4-22; IC 25-8-4-23; IC 25-8-4-24; IC 25-8-4-25;
IC 25-8-4-26; IC 25-8-6.1; IC 25-8-6.2; IC 25-8-16.
Synopsis: Professions and occupations. Conference committee report for EHB 1821. Requires:
(1) a licensed home health agency and licensed personal services agency to apply for
determinations concerning national criminal history background checks for employees (current
law requires a limited criminal history check); and (2) the licensure of occupational therapists
(current law requires certification). Provides that: (1) an occupational therapist may not provide
certain services unless the patient has been referred by specified providers; (2) a holder of a
license, registration, or certificate may be subject to civil penalties under certain circumstances;
(3) the professional licensing agency may delay reinstating a license, certificate, or registration
for 90 days to investigate an applicant; (4) a holder of a license, registration, or certificate is
subject to disciplinary sanctions in specified circumstances; (5) the board may summarily
suspend the license of a real estate appraiser under certain circumstances; (6) an individual may
obtain a beauty culture instructor license and instruct in areas of beauty culture in which the
individual holds a license; and (7) a registration to distribute controlled substances is
automatically suspended under specified circumstances. Provides for reinstatement of a tanning
facility license. Removes: (1) semi-professional elimination contests from the boxing and
sparring laws; and (2) a provision that requires certain organizations to supply information
concerning continuing education of land surveyors. Allows: (1) an individual who holds a valid
CPA certificate from any state with substantial equivalency standards to perform quality reviews;
(2) the state board of cosmetology examiners to establish standards for mobile salons; and (3)
individuals who meet certain requirements to obtain a license in speech-language pathology.
Changes the: (1) fee for issuance of a duplicate license, registration, or certificate from $10 to
$25; (2) limitation on course work hours for students in barber school or cosmetology school
from eight to ten hours per day; and (3) clinical experience required for marriage and family
therapists from three to two years. Removes: (1) the psychology board's authority to establish a
list of restricted psychology tests; (2) the prohibition of certain individuals, including marriage
and family therapists, licensed clinical social workers, and mental health counselors, from
administering or interpreting a restricted psychological test. Makes conforming changes. Repeals
provisions concerning: (1) the requirement for a person to complete a cosmetology school
program again if the person fails the examination by the state board of cosmetology examiners;
(2) esthetics and electrology instructors licenses, which are replaced with the beauty culture
instructor license; and (3) inactive cosmetology professionals' licenses. (This conference
committee report does the following: (1) Provides that an occupational therapist may
provide certain services from a referral by a licensed podiatrist. (2) Removes provisions
concerning changes to the controlled substance lists. (3) Requires licensed home health
agencies and licensed personal services agencies to apply for determinations concerning
national criminal history background checks for employees (the current bill requires
obtaining a copy of an employee's national criminal history background check. (4)
Removes: (A) the psychology board's authority to establish a list of restricted psychology
tests; and (B) the prohibition of certain individuals, including marriage and family
therapists, licensed clinical social workers, and mental health counselors, from
administering or interpreting a restricted psychological test. (5) Provides that a holder of
a license, certificate, or registration is subject to disciplinary sanctions if the holder has
been convicted of a crime or assessed a civil penalty involving fraudulent billing practices.
(6) Makes technical and conforming changes.)
Effective: July 1, 2007.
Text Box
Adopted Rejected
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CONFERENCE COMMITTEE REPORT
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed Senate Amendments to Engrossed House Bill No. 1821 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 10-13-3-16; (07)CC182104.1. -->
SECTION 1. IC 10-13-3-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 16. (a) As used in this
chapter, "qualified entity" means a business or an organization, whether
public, private, for-profit, nonprofit, or voluntary, that provides care or
care placement services.
(b) The term includes the following:
(1) A business or an organization that licenses or certifies others
to provide care or care placement services.
(2) A home health agency licensed under IC 16-27-1.
(3) A personal services agency licensed under IC 16-27-4.
SOURCE: IC 10-13-3-39; (07)CC182104.2. -->
SECTION 2. IC 10-13-3-39, AS AMENDED BY P.L.234-2005,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 39. (a) The department is designated as the
authorized agency to receive requests for, process, and disseminate the
results of national criminal history background checks that comply with
this section and 42 U.S.C. 5119a.
(b) A qualified entity may contact the department to request a
national criminal history background check on any of the following
persons:
(1) A person who seeks to be or is employed with the qualified
entity. A request under this subdivision must be made not later
than three (3) months after the person is initially employed by the
qualified entity.
(2) A person who seeks to volunteer or is a volunteer with the
qualified entity. A request under this subdivision must be made
not later than three (3) months after the person initially volunteers
with the qualified entity.
(c) A qualified entity must submit a request under subsection (b) in
the form required by the department and provide a set of the person's
fingerprints and any required fees with the request.
(d) If a qualified entity makes a request in conformity with
subsection (b), the department shall submit the set of fingerprints
provided with the request to the Federal Bureau of Investigation for a
national criminal history background check for convictions described
in IC 20-26-5-11. The department shall respond to the request in
conformity with:
(1) the requirements of 42 U.S.C. 5119a; and
(2) the regulations prescribed by the Attorney General of the
United States under 42 U.S.C. 5119a.
(e) This subsection:
(1) applies to a qualified entity that:
(1) (A) is not a school corporation or a special education
cooperative; or
(2) (B) is a school corporation or a special education
cooperative and seeks a national criminal history background
check for a volunteer; and
(2) does not apply to a qualified entity that is a:
(A) home health agency licensed under IC 16-27-1; or
(B) personal services agency licensed under IC 16-27-4.
After receiving the results of a national criminal history background
check from the Federal Bureau of Investigation, the department shall
make a determination whether the applicant has been convicted of an
offense described in IC 20-26-5-11 and convey the determination to the
requesting qualified entity.
(f) This subsection applies to a qualified entity that:
(1) is a school corporation or a special education cooperative; and
(2) seeks a national criminal history background check to
determine whether to employ or continue the employment of a
certificated employee or a noncertificated employee of a school
corporation or an equivalent position with a special education
cooperative.
After receiving the results of a national criminal history background
check from the Federal Bureau of Investigation, the department may
exchange identification records concerning convictions for offenses
described in IC 20-26-5-11 with the school corporation or special
education cooperative solely for purposes of making an employment
determination. The exchange may be made only for the official use of
the officials with authority to make the employment determination. The
exchange is subject to the restrictions on dissemination imposed under
P.L.92-544, (86 Stat. 1115) (1972).
(g) This subsection applies to a qualified entity (as defined in
IC 10-13-3-16) that is a public agency under IC 5-14-1.5-2(a)(1). After
receiving the results of a national criminal history background check
from the Federal Bureau of Investigation, the department shall provide
a copy to the public agency. Except as permitted by federal law, the
public agency may not share the information contained in the national
criminal history background check with a private agency.
(h) This subsection applies to a qualified entity that is a:
(1) home health agency licensed under IC 16-27-1; or
(2) personal services agency licensed under IC 16-27-4.
After receiving the results of a national criminal history
background check from the Federal Bureau of Investigation, the
department shall make a determination whether the applicant has
been convicted of an offense described in IC 16-27-2-5(a) and
convey the determination to the requesting qualified entity.
SOURCE: IC 12-10-17.1-7; (07)CC182104.3. -->
SECTION 3. IC 12-10-17.1-7, AS ADDED BY P.L.141-2006,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 7. As used in this chapter, "licensed health
professional" means any of the following:
(1) A registered nurse.
(2) A licensed practical nurse.
(3) A physician with an unlimited license to practice medicine or
osteopathic medicine.
(4) A licensed dentist.
(5) A licensed chiropractor.
(6) A licensed optometrist.
(7) A licensed pharmacist.
(8) A licensed physical therapist.
(9) A certified licensed occupational therapist.
(10) A certified psychologist.
(11) A licensed podiatrist.
(12) A licensed speech-language pathologist or audiologist.
SOURCE: IC 16-18-2-244.5; (07)CC182104.4. -->
SECTION 4. IC 16-18-2-244.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 244.5. "National criminal history
background check", for purposes of IC 16-27-2, has the meaning
set forth in IC 16-27-2-2.1.
SOURCE: IC 16-27-0.5-1; (07)CC182104.5. -->
SECTION 5. IC 16-27-0.5-1, AS AMENDED BY P.L.152-2005,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 1. (a) The home health care services and hospice
services council is established.
(b) The council consists of sixteen (16) members as follows:
(1) One (1) licensed physician experienced in home health care.
(2) One (1) licensed physician with certification in hospice and
palliative medicine.
(3) Four (4) individuals as follows:
(A) One (1) individual engaged in the administration of a
nonhospital based home health agency.
(B) One (1) individual engaged in the administration of a
hospital based home health agency.
(C) One (1) individual engaged in the administration of:
(i) a nonhospital based hospice; or
(ii) a hospice licensed under IC 16-25-3 that provides
in-patient care.
(D) One (1) individual engaged in the administration of a
hospital based hospice.
(4) One (1) registered nurse who is licensed under IC 25-23 and
experienced in home health care.
(5) One (1) registered nurse who is licensed under IC 25-23 with
certification in hospice and palliative medicine.
(6) One (1):
(A) physical therapist licensed under IC 25-27;
(B) occupational therapist certified licensed under IC 25-23.5;
or
(C) speech-language pathologist licensed under IC 25-35.6;
experienced in home health care.
(7) One (1) citizen having knowledge of or experience in hospice
care.
(8) One (1) citizen having knowledge of or experience in home
health agency care.
(9) One (1) registered pharmacist who is licensed under IC 25-26
with experience in hospice and palliative medicine.
(10) One (1) respiratory care practitioner who is licensed under
IC 25-34.5 and experienced in home care.
(11) One (1) individual who is a bereavement counselor with
experience in hospice care.
(12) The commissioner or the commissioner's designee.
(13) The secretary of family and social services or the secretary's
designee.
(c) The governor shall appoint the members of the council
designated by subsection (b)(1) through (b)(11).
(d) Except for the members of the council designated by subsection
(b)(12) through (b)(13), all appointments are for four (4) years. If a
vacancy occurs, the appointee serves for the remainder of the
unexpired term. A vacancy shall be filled from the same group that was
represented by the outgoing member.
(e) Except for the members of the council designated by subsection
(b)(3), a member of the council may not:
(1) have an ownership interest in the operation of; or
(2) serve as a voting member on the governing body of;
a home health agency licensed under this article or a hospice licensed
under IC 16-25.
SOURCE: IC 16-27-1-1; (07)CC182104.6. -->
SECTION 6. IC 16-27-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. As used in this
chapter, "health care professional" means any of the following:
(1) A licensed physician.
(2) A licensed dentist.
(3) A licensed chiropractor.
(4) A licensed podiatrist.
(5) A licensed optometrist.
(6) A nurse licensed under IC 25-23-1.
(7) A physical therapist licensed under IC 25-27 or a physical
therapy assistant certified under IC 25-27.
(8) A speech-language pathologist or an audiologist licensed
under IC 25-35.6-3.
(9) A speech-language pathology aide or an audiology aide (as
defined in IC 25-35.6-1-2).
(10) An:
(A) occupational therapist licensed; or
(B) occupational therapist therapy assistant certified;
under IC 25-23.5.
(11) A social worker licensed under IC 25-23.6 or a social work
assistant.
(12) A pharmacist licensed under IC 25-26-13.
SOURCE: IC 16-27-2-1; (07)CC182104.7. -->
SECTION 7. IC 16-27-2-1, AS AMENDED BY HEA 1241-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 1. As used in this chapter, "health care
professional" means any of the following:
(1) A licensed physician or a physician assistant (as defined in
IC 25-22.5-1-1.1).
(2) A dentist licensed under IC 25-14.
(3) A chiropractor licensed under IC 25-10-1.
(4) A podiatrist licensed under IC 25-29.
(5) An optometrist licensed under IC 25-24.
(6) A nurse licensed under IC 25-23-1.
(7) A physical therapist licensed under IC 25-27 or a physical
therapy assistant certified under IC 25-27.
(8) A speech-language pathologist or an audiologist licensed
under IC 25-35.6-3.
(9) A speech-language pathology aide or an audiology aide (as
defined in IC 25-35.6-1-2).
(10) An:
(A) occupational therapist licensed; or
(B) occupational therapist therapy assistant certified;
certified under IC 25-23.5.
(11) A social worker licensed under IC 25-23.6 or a clinical social
worker licensed under IC 25-23.6.
(12) A pharmacist licensed under IC 25-26-13.
SOURCE: IC 16-27-2-2.1; (07)CC182104.8. -->
SECTION 8. IC 16-27-2-2.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 2.1. As used in this chapter, "national criminal
history background check" has the meaning set forth in
IC 10-13-3-12.
SOURCE: IC 16-27-2-4; (07)CC182104.9. -->
SECTION 9. IC 16-27-2-4, AS AMENDED BY P.L.212-2005,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 4. (a) A person who operates a home health
agency under IC 16-27-1 or a personal services agency under
IC 16-27-4 shall apply, not more than three (3) business days after the
date that an employee begins to provide services in a patient's
temporary or permanent residence, for a
copy of determination
concerning the employee's
limited national criminal history
background check from the Indiana central repository for criminal
history information under
IC 10-13-3. IC 10-13-3-39.
(b) A home health agency or personal services agency may not
employ a person to provide services in a patient's or client's temporary
or permanent residence for more than three (3) business days without
applying for a determination concerning that person's limited
national criminal history background check as required by subsection
(a).
SOURCE: IC 16-27-2-5; (07)CC182104.10. -->
SECTION 10. IC 16-27-2-5, AS AMENDED BY P.L.212-2005,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 5. (a) Except as provided in subsection (b), a
person who operates a home health agency under IC 16-27-1 or a
personal services agency under IC 16-27-4 may not employ a person to
provide services in a patient's or client's temporary or permanent
residence if a determination of that person's limited national criminal
history background check indicates that the person has been convicted
of any of the following:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Exploitation of an endangered adult (IC 35-46-1-12).
(4) Failure to report battery, neglect, or exploitation of an
endangered adult (IC 35-46-1-13).
(5) Theft (IC 35-43-4), if the conviction for theft occurred less
than ten (10) years before the person's employment application
date.
(b) A home health agency or personal services agency may not
employ a person to provide services in a patient's or client's temporary
or permanent residence for more than twenty-one (21) calendar days
without receipt of a determination of that person's limited national
criminal history background check required by section 4 of this
chapter, unless either the Indiana central repository for criminal history
information under IC 10-13-3 state police department or the Federal
Bureau of Investigation under IC 10-13-3-39 is solely responsible for
failing to provide the determination of the person's limited national
criminal history background check to the home health agency or
personal services agency within the time required under this
subsection.
SOURCE: IC 16-27-2-6; (07)CC182104.11. -->
SECTION 11. IC 16-27-2-6, AS AMENDED BY P.L.212-2005,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 6. (a) A person who operates a home health
agency or a personal services agency under IC 16-27-4 is responsible
for the payment of fees under IC 10-13-3-30 IC 10-13-3-39 and other
fees required under section 4 of this chapter.
(b) A home health agency or personal services agency may require
a person who applies to the home health agency or personal services
agency for employment to provide services in a patient's or client's
temporary or permanent residence:
(1) to pay the cost of fees described in subsection (a) to the home
health agency or personal services agency at the time the person
submits an application for employment; or
(2) to reimburse the home health agency or personal services
agency for the cost of fees described in subsection (a).
SOURCE: IC 20-12-21.7-8; (07)CC182104.12. -->
SECTION 12. IC 20-12-21.7-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 8. (a) The commission
for higher education under IC 20-12-0.5 shall provide the commission
with the most recent information concerning:
(1) the number of minority students enrolled at each eligible
institution; and
(2) the number of individuals who are:
(A) enrolled at each eligible institution; and
(B) pursuing a course of study that would enable the student,
upon graduation, to be:
(i) licensed to teach special education in an accredited
school; or
(ii) certified licensed to practice occupational therapy or
licensed to practice physical therapy in an accredited school,
in a vocational rehabilitation center under
IC 12-12-1-4.1(a)(1), or in a community mental retardation
or other developmental disabilities center under IC 12-29 as
part of the special education program.
(b) The commission shall allocate the available money from the
fund to each eligible institution in proportion to the number of minority
students enrolled at each eligible institution as described in subsection
(a) based upon the information received by the commission under
subsection (a).
(c) Each eligible institution shall determine the scholarship
recipients under this chapter:
(1) based upon the criteria set forth in section 9 of this chapter or
section 9.1 of this chapter, whichever applies, and the rules
adopted by the commission under section 12 of this chapter; and
(2) with a priority on granting scholarships in the following order:
(A) Minority students seeking a renewal scholarship.
(B) Newly enrolling minority students.
(C) Special education services students seeking a renewal
scholarship.
(D) Newly enrolling special education services students.
However, the eligible institution may not grant a scholarship renewal
to a student for an academic year that ends later than six (6) years after
the date the student received the initial scholarship under this chapter.
(d) Any funds that:
(1) are allocated to an eligible institution; and
(2) are not utilized for scholarships under this chapter;
shall be returned to the commission for reallocation by the commission
to any other eligible institution in need of additional funds.
SOURCE: IC 20-12-21.7-9.1; (07)CC182104.13. -->
SECTION 13. IC 20-12-21.7-9.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 9.1. (a) To initially
qualify for a scholarship from the fund as the fund pertains to
individuals described in section 8(a)(2) of this chapter, an individual
must:
(1) be admitted to an eligible institution of higher learning as a
full-time student or be attending an eligible institution of higher
learning as a full-time student;
(2) intend to pursue or, in the case of a student who is attending
an eligible institution of higher learning, pursue a course of study
that would enable the student, upon graduation:
(A) to be licensed to teach special education in an accredited
school under rules adopted by the Indiana state board of
education;
(B) to be certified licensed to practice occupational therapy:
(i) in an accredited school;
(ii) in a vocational rehabilitation center under
IC 12-12-1-4.1(a)(1); or
(iii) in a community mental retardation or other
developmental disabilities center under IC 12-29 except
IC 12-29-3-6; or
(C) to be licensed to practice physical therapy:
(i) in an accredited school;
(ii) in a vocational rehabilitation center under
IC 12-12-1-4.1(a)(1); or
(iii) in a community mental retardation or other
developmental disabilities center under IC 12-29 except
IC 12-29-3-6;
(3) agree, in writing, to:
(A) teach in an accredited school; or
(B) practice occupational therapy or physical therapy,
whichever applies:
(i) in an accredited school in Indiana;
(ii) in a vocational rehabilitation center under
IC 12-12-1-4.1(a)(1); or
(iii) in a community mental retardation or other
developmental disabilities center under IC 12-29 except
IC 12-29-3-6;
at least three (3) of the first five (5) years following the student's
licensure as a teacher, certification licensure as an occupational
therapist, or licensure as a physical therapist; and
(4) meet any other minimum criteria established by the
commission.
(b) To qualify for a scholarship renewal from the fund under this
section, the individual must:
(1) comply with the criteria set forth in subsection (a); and
(2) maintain at least the cumulative grade point average:
(A) that is required by an eligible institution for admission to
the eligible institution's school of education; or
(B) of 2.0 on a 4.0 grading scale or its equivalent as
established by the eligible institution if the eligible institution's
school of education does not require a certain minimum
cumulative grade point average.
SOURCE: IC 20-28-1-11; (07)CC182104.14. -->
SECTION 14. IC 20-28-1-11, AS AMENDED BY SEA 94-2007,
SECTION 177, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: 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 licensed 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 the placement of
adults with a developmental disability.
SOURCE: IC 21-13-2-5; (07)CC182104.15. -->
SECTION 15. IC 21-13-2-5, AS ADDED BY SEA 526-2007,
SECTION 254, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 5. An individual qualifies for an
initial scholarship from the fund if the individual:
(1) is admitted to an eligible institution as a full-time student or
is attending an eligible institution as a full-time student;
(2) either intends to pursue or, in the case of a student who is
attending an eligible institution, pursues a course of study that
would enable the student, upon graduation, to be:
(A) licensed to teach special education in an accredited school
under rules adopted by the Indiana state board of education;
(B) certified licensed to practice occupational therapy:
(i) in an accredited school;
(ii) in a vocational rehabilitation center under
IC 12-12-1-4.1(a)(1); or
(iii) in a community mental retardation or other
developmental disabilities center under IC 12-29 except
IC 12-29-3-6; or
(C) licensed to practice physical therapy:
(i) in an accredited school;
(ii) in a vocational rehabilitation center under
IC 12-12-1-4.1(a)(1); or
(iii) in a community mental retardation or other
developmental disabilities center under IC 12-29 except
IC 12-29-3-6;
(3) agrees in writing to:
(A) teach in an accredited school; or
(B) practice occupational therapy or physical therapy,
whichever applies:
(i) in an accredited school in Indiana;
(ii) in a vocational rehabilitation center under
IC 12-12-1-4.1(a)(1); or
(iii) in a community mental retardation or other
developmental disabilities center under IC 12-29 except
IC 12-29-3-6;
for at least three (3) of the first five (5) years following the
student's licensure as a teacher, certification licensure as an
occupational therapist, or licensure as a physical therapist; and
(4) meets any other minimum criteria established by the
commission.
SOURCE: IC 21-13-2-10; (07)CC182104.16. -->
SECTION 16. IC 21-13-2-10, AS ADDED BY SEA 526-2007,
SECTION 254, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 10. The commission for higher
education shall provide the commission with the most recent
information concerning:
(1) the number of minority students enrolled at each eligible
institution; and
(2) the number of individuals who are:
(A) enrolled at each eligible institution; and
(B) pursuing a course of study that would enable the student,
upon graduation, to be:
(i) licensed to teach special education in an accredited
school; or
(ii) certified licensed to practice occupational therapy or
licensed to practice physical therapy in an accredited school,
in a vocational rehabilitation center under
IC 12-12-1-4.1(a)(1), or in a community mental retardation
or other developmental disabilities center under IC 12-29 as
part of the special education program.
SOURCE: IC 25-1-4-5; (07)CC182104.17. -->
SECTION 17. IC 25-1-4-5, AS ADDED BY P.L.157-2006,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 5. (a) Notwithstanding any other law, if the board
determines that a practitioner has not complied with this chapter
or
IC 25-1-8-6 at the time that the practitioner applies for license renewal
or reinstatement 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 or reinstatement, require
the practitioner to comply with subsection (b).
(3) For license renewal, 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 or IC 25-1-8-6, if applicable, 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 or refuse to reinstate the license of the
practitioner and send notice of the suspension or refusal 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);
practitioner's license; 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) or IC 25-1-8-6, if applicable.
SOURCE: IC 25-1-4-6; (07)CC182104.18. -->
SECTION 18. IC 25-1-4-6, AS ADDED BY P.L.157-2006,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 6. (a) Notwithstanding any other law, if at the time
a practitioner applies for license renewal
or reinstatement or after an
audit conducted under section 3 of this chapter, the board determines
that the practitioner has failed to comply with this chapter
or
IC 25-1-8-6, if applicable, 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 or
reinstatement.
(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 25-1-8-2; (07)CC182104.19. -->
SECTION 19. IC 25-1-8-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) Notwithstanding
any other provision regarding the fees to be assessed by a board, a
board shall establish by rule and cause to be collected fees for the
following:
(1) Examination of applicants for licensure, registration, or
certification.
(2) Issuance, renewal, or transfer of a license, registration, or
certificate.
(3) Restoration of an expired license, registration, or certificate
when such action is authorized by law.
(4) Issuance of licenses by reciprocity or endorsement for
out-of-state applicants.
(5) Issuance of board or committee reciprocity or endorsements
for practitioners licensed, certified, or registered in Indiana who
apply to another state for a license.
No fee shall be less than ten dollars ($10) unless the fee is collected
under a rule adopted by the board which sets a fee for miscellaneous
expenses incurred by the board on behalf of the practitioners the board
regulates.
(b) Fees established by statute shall remain in effect until replaced
by a new fee adopted by rule under this section.
(c) In no case shall the fees be less than are required to pay all of the
costs, both direct and indirect, of the operation of the board.
(d) For the payment of fees, a board shall accept cash, a draft, a
money order, a cashier's check, and a certified or other personal check.
If a board receives an uncertified personal check for the payment of a
fee and if the check does not clear the bank, the board may void the
license, registration, or certificate for which the check was received.
(e) Unless designated by rule, a fee is not refundable.
(f) A board shall charge a fee of not more than ten dollars ($10)
twenty-five dollars ($25) for the issuance of a duplicate license,
registration, or certificate.
SOURCE: IC 25-1-8-6; (07)CC182104.20. -->
SECTION 20. IC 25-1-8-6, AS AMENDED BY SEA 490-2007,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 6. (a) As used in this section, "board" means any
of the following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects, landscape architects, and
registered interior designers (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
and except as
provided in section 8 of this chapter, 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:
(A) 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. or
(B) shall, if the holder has not complied with the continuing
education requirements, meet any requirements imposed
under IC 25-1-4-5 and IC 25-1-4-6.
(d) Notwithstanding any other law regarding the reinstatement of a
delinquent or lapsed license, certificate, or registration and except as
provided in section 8 of this chapter, 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:
(A) 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. or
(B) shall, if the holder has not complied with the continuing
education requirements, meet any requirements imposed
under IC 25-1-4-5 and IC 25-1-4-6.
(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 25-1-8-8; (07)CC182104.21. -->
SECTION 21. IC 25-1-8-8 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]:
Sec. 8. (a) As used in this section, "board" has the
meaning set forth in section 6(a) of this chapter.
(b) The licensing agency may delay reinstating a license,
certificate, or registration for not more than ninety (90) days after
the date the applicant applies for reinstatement of a license,
certificate, or registration to permit the board to investigate
information received by the licensing agency that the applicant for
reinstatement may have committed an act for which the applicant
may be disciplined. If the licensing agency delays reinstating a
license, certificate, or registration, the licensing agency shall notify
the applicant that the applicant is being investigated. Except as
provided in subsection (c), the board shall do one (1) of the
following before the expiration of the ninety (90) day period:
(1) Deny reinstatement of the license, certificate, or
registration following a personal appearance by the applicant
before the board.
(2) Reinstate the license, certificate, or registration upon
satisfaction of all other requirements for reinstatement.
(3) Reinstate the license and file a complaint under IC 25-1-7.
(4) Request the office of the attorney general to conduct an
investigation under subsection (d) if, following a personal
appearance by the applicant before the board, the board has
good cause to believe that the applicant engaged in activity
described in IC 25-1-9-4 or IC 25-1-11-5.
(5) Upon agreement of the applicant and the board and
following a personal appearance by the applicant before the
board, reinstate the license, certificate, or registration and
place the applicant on probation status under IC 25-1-9-9 or
IC 25-1-11-12.
(c) If an applicant fails to appear before the board under
subsection (b), the board may take action as provided in subsection
(b)(1), (b)(2), or (b)(3).
(d) If the board makes a request under subsection (b)(4), the
office of the attorney general shall conduct an investigation. Upon
completion of the investigation, the office of the attorney general
may file a petition alleging that the applicant has engaged in
activity described in IC 25-1-9-4 or IC 25-1-11-5. If the office of the
attorney general files a petition, the board shall set the matter for
a public hearing. If, after a public hearing, the board finds that the
applicant violated IC 25-1-9-4 or IC 25-1-11-5, the board may
impose sanctions under IC 25-1-9-9 or IC 25-1-11-12. The board
may delay reinstating a license, certificate, or registration beyond
ninety (90) days after the date the applicant files an application for
reinstatement of a license, certificate, or registration until a final
determination is made by the board.
(e) The license, certificate, or registration of the applicant for
license reinstatement remains invalid during the ninety (90) day
period unless:
(1) the license, certificate, or registration is reinstated
following a personal appearance by the applicant before the
board before the end of the ninety (90) day period;
(2) the board issues a conditional license to the practitioner
that is effective until the reinstatement is denied or the license
is reinstated; or
(3) the reinstatement is denied.
If the ninety (90) day period expires without action by the board,
the license, certificate, or registration shall be automatically
reinstated at the end of the ninety (90) day period.
SOURCE: IC 25-1-9-4; (07)CC182104.22. -->
SECTION 22. IC 25-1-9-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. (a) A practitioner
shall conduct the practitioner's practice in accordance with the
standards established by the board regulating the profession in question
and is subject to the exercise of the disciplinary sanctions under section
9 of this chapter if, after a hearing, the board finds:
(1) a practitioner has:
(A) engaged in or knowingly cooperated in fraud or material
deception in order to obtain a license to practice, including
cheating on a licensing examination;
(B) engaged in fraud or material deception in the course of
professional services or activities; or
(C) advertised services in a false or misleading manner; or
(D) been convicted of a crime or assessed a civil penalty
involving fraudulent billing practices, including fraud
under:
(i) Medicaid (42 U.S.C. 1396 et seq.);
(ii) Medicare (42 U.S.C. 1395 et seq.);
(iii) the children's health insurance program under
IC 12-17.6; or
(iv) insurance claims;
(2) a practitioner has been convicted of a crime that:
(A) has a direct bearing on the practitioner's ability to continue
to practice competently; or
(B) is harmful to the public;
(3) a practitioner has knowingly violated any state statute or rule,
or federal statute or regulation, regulating the profession in
question;
(4) a practitioner has continued to practice although the
practitioner has become unfit to practice due to:
(A) professional incompetence that:
(i) may include the undertaking of professional activities
that the practitioner is not qualified by training or experience
to undertake; and
(ii) does not include activities performed under
IC 16-21-2-9;
(B) failure to keep abreast of current professional theory or
practice;
(C) physical or mental disability; or
(D) addiction to, abuse of, or severe dependency upon alcohol
or other drugs that endanger the public by impairing a
practitioner's ability to practice safely;
(5) a practitioner has engaged in a course of lewd or immoral
conduct in connection with the delivery of services to the public;
(6) a practitioner has allowed the practitioner's name or a license
issued under this chapter to be used in connection with an
individual who renders services beyond the scope of that
individual's training, experience, or competence;
(7) a practitioner has had disciplinary action taken against the
practitioner or the practitioner's license to practice in any other
state or jurisdiction on grounds similar to those under this
chapter;
(8) a practitioner has diverted:
(A) a legend drug (as defined in IC 16-18-2-199); or
(B) any other drug or device issued under a drug order (as
defined in IC 16-42-19-3) for another person;
(9) a practitioner, except as otherwise provided by law, has
knowingly prescribed, sold, or administered any drug classified
as a narcotic, addicting, or dangerous drug to a habitue or addict;
(10) a practitioner has failed to comply with an order imposing a
sanction under section 9 of this chapter;
(11) a practitioner has engaged in sexual contact with a patient
under the practitioner's care or has used the practitioner-patient
relationship to solicit sexual contact with a patient under the
practitioner's care;
or
(12) a practitioner who is a participating provider of a health
maintenance organization has knowingly collected or attempted
to collect from a subscriber or enrollee of the health maintenance
organization any sums that are owed by the health maintenance
organization;
or
(13) a practitioner has assisted another person in committing
an act that would be grounds for disciplinary sanctions under
this chapter.
(b) A practitioner who provides health care services to the
practitioner's spouse is not subject to disciplinary action under
subsection (a)(11).
(c) A certified copy of the record of disciplinary action is conclusive
evidence of the other jurisdiction's disciplinary action under subsection
(a)(7).
SOURCE: IC 25-1-9-16; (07)CC182104.23. -->
SECTION 23. IC 25-1-9-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 16. (a) The board may
refuse to issue a license or may issue a probationary license to an
applicant for licensure if:
(1) the applicant has been disciplined by a licensing entity of
another any state or jurisdiction, or has committed an act that
would have subjected the applicant to the disciplinary process had
the applicant been licensed in Indiana when the act occurred; and
(2) the violation for which the applicant was, or could have been,
disciplined has a direct bearing on the applicant's ability to
competently practice in Indiana.
(b) The board may:
(1) refuse to issue a license; or
(2) issue a probationary license;
to an applicant for licensure if the applicant practiced without a
license in violation of the law.
(b) (c) Whenever the board issues a probationary license, the board
may impose one (1) or more of the following conditions:
(1) Report regularly to the board upon the matters that are the
basis of the discipline of the other state or jurisdiction.
(2) Limit practice to those areas prescribed by the board.
(3) Continue or renew professional education.
(4) Engage in community restitution or service without
compensation for a number of hours specified by the board.
(5) Perform or refrain from performing an act that the board
considers appropriate to the public interest or to the rehabilitation
or treatment of the applicant.
(c) (d) The board shall remove any limitations placed on a
probationary license under this section if the board finds after a hearing
that the deficiency that required disciplinary action has been remedied.
SOURCE: IC 25-1-11-5; (07)CC182104.24. -->
SECTION 24. IC 25-1-11-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5. (a) A practitioner
shall comply with the standards established by the board regulating a
profession. A practitioner is subject to the exercise of the disciplinary
sanctions under section 12 of this chapter if, after a hearing, the board
finds that:
(1) a practitioner has:
(A) engaged in or knowingly cooperated in fraud or material
deception in order to obtain a license to practice, including
cheating on a licensing examination;
(B) engaged in fraud or material deception in the course of
professional services or activities;
or
(C) advertised services or goods in a false or misleading
manner;
or
(D) been convicted of a crime or assessed a civil penalty
involving fraudulent billing practices;
(2) a practitioner has been convicted of a crime that:
(A) has a direct bearing on the practitioner's ability to continue
to practice competently;
or
(B) is harmful to the public;
(3) a practitioner has knowingly violated a state statute or rule or
federal statute or regulation regulating the profession for which
the practitioner is licensed;
(4) a practitioner has continued to practice although the
practitioner has become unfit to practice due to:
(A) professional incompetence,
including undertaking
professional activities that the practitioner is not qualified
by training or experience to undertake;
(B) failure to keep abreast of current professional theory or
practice;
(C) physical or mental disability; or
(D) addiction to, abuse of, or severe dependency on alcohol or
other drugs that endanger the public by impairing a
practitioner's ability to practice safely;
(5) a practitioner has engaged in a course of lewd or immoral
conduct in connection with the delivery of services to the public;
(6) a practitioner has allowed the practitioner's name or a license
issued under this chapter to be used in connection with an
individual or business who renders services beyond the scope of
that individual's or business's training, experience, or competence;
(7) a practitioner has had disciplinary action taken against the
practitioner or the practitioner's license to practice in
another any
state or jurisdiction on grounds similar to those under this
chapter;
(8) a practitioner has assisted another person in committing an act
that would constitute a ground for disciplinary sanction under this
chapter; or
(9) a practitioner has allowed a license issued by a board to be:
(A) used by another person; or
(B) displayed to the public when the license has expired, is
inactive, or has been revoked or suspended; or
(10) a practitioner has failed to comply with an order
imposing a sanction under section 12 of this chapter.
(b) If an applicant or a practitioner has engaged in or knowingly
cooperated in fraud or material deception to obtain a license to
practice, including cheating on the licensing examination, the board
may rescind the license if it has been granted, void the examination or
other fraudulent or deceptive material, and prohibit the applicant from
reapplying for the license for a length of time established by the board.
An applicant who is aggrieved by a decision of the board under this
section is entitled to hearing and appeal rights under the Indiana
administrative rules and procedures act (IC 4-21.5).
(c) The board may deny licensure to an applicant who has had
disciplinary action taken against the applicant or the applicant's license
to practice in another state or jurisdiction or who has practiced without
a license in violation of the law.
(d) (c) A certified copy of the record of disciplinary action is
conclusive evidence of the other jurisdiction's disciplinary action under
subsection (a)(7). or subsection (c).
SOURCE: IC 25-1-11-13; (07)CC182104.25. -->
SECTION 25. IC 25-1-11-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 13.
(a) The board may
summarily suspend a practitioner's license for ninety (90) days before
a final adjudication or during the appeals process if the board finds that
a practitioner represents a clear and immediate danger to the public's
health, safety, or property if the practitioner is allowed to continue to
practice. The summary suspension may be renewed upon a hearing
before the board, and each renewal may be for not more than ninety
(90) days.
(b) The board may summarily suspend the license of a real
estate appraiser for ninety (90) days before a final adjudication or
during the appeals process if the board finds that the licensed real
estate appraiser has engaged in material and intentional
misrepresentations or omissions in the preparation of at least three
(3) written appraisal reports that were submitted by a person to
obtain a loan. The summary suspension may be renewed upon a
hearing before the board. Each renewal of a summary suspension
may not be for more than ninety (90) days.
(c) Before the board may summarily suspend a license under
this section, the consumer protection division of the attorney
general's office shall make a reasonable attempt to notify a
practitioner of a hearing by the board to suspend a practitioner's
license and of information regarding the allegation against the
practitioner. The consumer protection division of the attorney
general's office shall also notify the practitioner that the
practitioner may provide a written or an oral statement to the
board on the practitioner's behalf before the board issues an order
for summary suspension. A reasonable attempt to notify the
practitioner is made if the consumer protection division of the
attorney general's office attempts to notify the practitioner by
telephone or facsimile at the last telephone number or facsimile
number of the practitioner on file with the board.
SOURCE: IC 25-1-11-19; (07)CC182104.26. -->
SECTION 26. IC 25-1-11-19, AS ADDED BY P.L.194-2005,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 19. (a) The board may refuse to issue a license or
may issue a probationary license to an applicant for licensure if:
(1) the applicant has:
(A) been disciplined by a licensing entity of another state or
jurisdiction; or
(B) committed an act that would have subjected the applicant
to the disciplinary process if the applicant had been licensed
in Indiana when the act occurred; and
(2) the violation for which the applicant was or could have been
disciplined has a bearing on the applicant's ability to competently
perform or practice the profession in Indiana.
(b) The board may:
(1) refuse to issue a license; or
(2) issue a probationary license;
to an applicant for licensure if the applicant practiced without a
license in violation of the law.
(b) (c) Whenever the board issues a probationary license, the board
may require a licensee to do any of the following:
(1) Report regularly to the board upon the matters that are the
basis of the discipline of the other state or jurisdiction.
(2) Limit practice to the areas prescribed by the board.
(3) Continue or renew professional education requirements.
(4) Engage in community restitution or service without
compensation for the number of hours specified by the board.
(5) Perform or refrain from performing an act that the board
considers appropriate to the public interest or to the rehabilitation
or treatment of the applicant.
(c) (d) The board shall remove any limitations placed on a
probationary license under this section if the board finds after a public
hearing that the deficiency that required disciplinary action has been
remedied.
SOURCE: IC 25-2.1-1-12; (07)CC182104.27. -->
SECTION 27. IC 25-2.1-1-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 12. "Quality review"
means a study, an appraisal, or a review of at least one (1) aspect of the
professional work of:
(1) an individual who; or
(2) a firm in the practice of accountancy that;
attests or issues compilation reports, by at least one (1) individual
who holds a certificate from any state and possesses qualifications
that meet the applicable substantial equivalency standards and who
is independent of the individual or firm being reviewed.
SOURCE: IC 25-7-7-3; (07)CC182104.28. -->
SECTION 28. IC 25-7-7-3, AS AMENDED BY P.L.157-2006,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: 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) ten (10) 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;
(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
(9) the applicant has paid the fee set forth in IC 25-7-11-2.
SOURCE: IC 25-8-2-15.5; (07)CC182104.29. -->
SECTION 29. IC 25-8-2-15.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]:
Sec. 15.5. "Mobile salon" means
either of the following:
(1) A self-contained facility that may be moved, towed, or
transported from one (1) location to another and in which
cosmetology, electrology, esthetics, or manicuring is
practiced.
(2) A business in which cosmetology, electrology, esthetics, or
manicuring equipment is transported to and used on a
temporary basis at a location other than a selected salon site,
including:
(A) other cosmetology, electrology, esthetic, or manicuring
salons;
(B) clients' homes; and
(C) nursing homes.
SOURCE: IC 25-8-3-23; (07)CC182104.30. -->
SECTION 30. IC 25-8-3-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 23. (a) The board shall
adopt rules under IC 4-22-2 to:
(1) prescribe sanitary requirements for:
(A) cosmetology salons;
(B) electrology salons;
(C) esthetic salons;
(D) manicuring salons; and
(E) cosmetology schools;
(2) establish standards for the practice of cosmetology and the
operation of:
(A) cosmetology salons;
(B) electrology salons;
(C) esthetic salons;
(D) manicuring salons; and
(E) cosmetology schools;
(3) implement the licensing system under this article and provide
for a staggered renewal system for licenses; and
(4) establish requirements for cosmetology school uniforms for
students and instructors.
(b) The board may adopt rules under IC 4-22-2 to establish the
following for the practice of cosmetology, electrology, esthetics, or
manicuring in a mobile salon:
(1) Sanitation standards.
(2) Safety requirements.
(3) Permanent address requirements at which the following
are located:
(A) Records of appointments.
(B) License numbers of employees.
(C) If applicable, the vehicle identification number of the
license holder's self-contained facility.
(4) Enforcement actions to ensure compliance with the
requirements under this article and all local laws and
ordinances.
SOURCE: IC 25-8-4-21; (07)CC182104.31. -->
SECTION 31. IC 25-8-4-21, AS AMENDED BY P.L.157-2006,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 21. (a) 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 25-1-8-6; and
(3) complies with all of the 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. established under
IC 25-1-8-6.
(b) Except as provided in subsection (e) and (f), the board may
not reinstate a license issued under this article if the person holding
the license does not apply for reinstatement within three (3) years
after the expiration date of the license, unless the person holding
the license;
(1) receives a satisfactory grade (as described in section 9 of
this chapter) on an examination prescribed by the board;
(2) pays the examination fee set forth in IC 25-1-8-2;
(3) pays the renewal fees established by the board under
IC 25-1-8-2; and
(4) pays the reinstatement fee established under IC 25-1-8-6.
(c) If a person does not receive a satisfactory grade on the
examination described in subsection (b)(1), the person may repeat
the examination subject to the rules governing the examination as
adopted by the board.
(d) If a person does not receive a satisfactory grade on a repeat
examination as provided in subsection (c), the board may:
(1) permit the person to take the examination again;
(2) require the person to complete remediation and additional
training as required by the board before the person is
permitted to take the examination again; or
(3) refuse to permit the person to take the examination again
and deny the application for reinstatement of the license.
(e) The board may not reinstate:
(1) a cosmetology salon license issued under IC 25-8-7;
(2) an electrology salon license issued under IC 25-8-7.2;
(3) an esthetic salon license issued under IC 25-8-12.6; or
(4) a manicurist salon license issued under IC 25-8-7.1;
unless the license holder submits an application for reinstatement
of the license not later than three (3) years after the date the license
expires.
(f) The board may not reinstate a cosmetology school license
issued under IC 25-8-5 unless the license holder submits an
application for reinstatement of the license not later than three (3)
years after the date the license expires.
SOURCE: IC 25-8-4-27; (07)CC182104.32. -->
SECTION 32. IC 25-8-4-27, AS AMENDED BY P.L.194-2005,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 27. If a person holding a license described in
section 22(b) 21(e) or 21(f) of this chapter does not comply with the
reinstatement application filing requirements set forth in that section,
that person may:
(1) file an application for a new license to operate:
(A) a cosmetology salon;
(B) an electrology salon;
(C) an esthetic salon;
(D) a manicurist salon; or
(E) a cosmetology school;
under this article; and
(2) pay the reinstatement fee set forth in:
(A) IC 25-8-13-3; or
(B) IC 25-8-13-5(b).
SOURCE: IC 25-8-5-3; (07)CC182104.33. -->
SECTION 33. IC 25-8-5-3, AS AMENDED BY P.L.157-2006,
SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: 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) ten (10) 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;
(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
(9) the applicant has paid the fee set forth in IC 25-8-13-3.
SOURCE: IC 25-8-6-1; (07)CC182104.34. -->
SECTION 34. IC 25-8-6-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. The board may
license a person to be a cosmetology beauty culture instructor.
SOURCE: IC 25-8-6-2; (07)CC182104.35. -->
SECTION 35. IC 25-8-6-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. A person must file
a verified application for a cosmetology beauty culture instructor
license with the board. to obtain that license. The application must be
made on a form prescribed by the board.
SOURCE: IC 25-8-6-3; (07)CC182104.36. -->
SECTION 36. IC 25-8-6-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. The application
described in section 2 of this chapter must state that the applicant:
(1) is at least eighteen (18) years of age;
(2) has graduated from high school or received the equivalent of
a high school education;
(3) holds a cosmetologist, an electrologist, a manicurist, or an
esthetician license issued under this article;
(4) has actively practiced cosmetology for at least six (6) months
in a cosmetology salon and subsequently successfully completed
at least six (6) months of instruction in theory and practice of
instructor training as a student in a cosmetology school;
(4) has completed the education and experience requirements
subject to the rules adopted by the board;
(5) has not committed an act for which the applicant could be
disciplined under IC 25-8-14;
(6) has received a satisfactory grade (as defined described in
IC 25-8-4-9) on an examination for instructor license applicants
prescribed by the board; and
(7) has paid the fee set forth in IC 25-8-13-4 for the issuance of a
license under this chapter.
SOURCE: IC 25-8-6-6; (07)CC182104.37. -->
SECTION 37. IC 25-8-6-6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 6. A person who obtains a license as a beauty culture
instructor may provide instruction in the following:
(1) Cosmetology, if the person:
(A) holds a cosmetologist license under IC 25-8-9; and
(B) has actively practiced cosmetology for at least six (6)
months in a cosmetology salon and subsequently
successfully completed at least six (6) months of instruction
in theory and practice of instructor training as a student in
a cosmetology school.
(2) Electrology, if the person holds an electrologist license
under IC 25-8-10.
(3) Manicuring, if the person holds a manicurist license under
IC 25-8-11.
(4) Esthetics, if the person holds an esthetician license under
IC 25-8-12.5.
SOURCE: IC 25-8-7-2; (07)CC182104.38. -->
SECTION 38. IC 25-8-7-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. A person who wishes
to obtain a cosmetology salon license must:
(1) do one (1) or more of the following:
(A) Select a site for the salon which, if located in the same
building as a residence:
(A) (i) is separated from the residence by a substantial floor
to ceiling partition; and
(B) (ii) has a separate entry.
(B) Meet the requirements for a mobile salon as
established by the board under IC 25-8-3-23(b);
(2) if applicable, obtain any building permit, certificate of
occupancy, or other approval action required under IC 22-15-3
and IC 36-7-4 to operate the cosmetology salon;
(3) install the furnishings, if applicable, and obtain the salon
equipment required under rules adopted by the board; and
(4) submit a verified statement on a form prescribed by the board
that the cosmetology salon will be under the personal supervision
of a person who has at least six (6) months active experience as
a cosmetologist under IC 25-8-9 before the application was
submitted under this chapter.
SOURCE: IC 25-8-7.1-2; (07)CC182104.39. -->
SECTION 39. IC 25-8-7.1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. A person who
desires to obtain a manicurist salon license must:
(1) do one (1) or more of the following:
(1) (A) Select a site for the salon that, if located in the same
building as a residence:
(A) (i) is separated from the residence by a substantial floor
to ceiling partition; and
(B) (ii) has a separate entry.
(B) Meet the requirements for a mobile salon as
established by the board under IC 25-8-3-23(b);
(2) if applicable, obtain:
(A) a building permit;
(B) a certificate of occupancy; or
(C) other approval action required under IC 22-15-3 and
IC 36-7-4;
to operate the manicurist salon;
(3) install the furnishings, if applicable, and obtain the salon
equipment required under rules adopted by the board; and
(4) submit a verified statement on a form prescribed by the board
that the manicurist salon will be under the personal supervision
of a person who has at least six (6) months active experience as
a:
(A) manicurist under IC 25-8-11; or
(B) cosmetologist under IC 25-8-9;
before the application was submitted under this chapter.
SOURCE: IC 25-8-7.2-2; (07)CC182104.40. -->
SECTION 40. IC 25-8-7.2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. A person who
desires to obtain an electrology salon license must:
(1) do one (1) or more of the following:
(1) (A) Select a site for the salon that, if located in the same
building as a residence:
(A) (i) is separated from the residence by a substantial floor
to ceiling partition; and
(B) (ii) has a separate entry.
(B) Meet the requirements for a mobile salon as
established by the board under IC 25-8-3-23(b);
(2) if applicable, obtain:
(A) a building permit;
(B) a certificate of occupancy; or
(C) other approval action required under IC 22-15-3 and
IC 36-7-4;
to operate the manicurist salon;
(3) install the furnishings, if applicable, and obtain the salon
equipment required under rules adopted by the board; and
(4) submit a verified statement on a form prescribed by the board
that the electrology salon will be under the personal supervision
of a person who has at least six (6) months active experience as
an electrologist under IC 25-8-10 before the application was
submitted under this chapter.
SOURCE: IC 25-8-9-7; (07)CC182104.41. -->
SECTION 41. IC 25-8-9-7, AS AMENDED BY P.L.157-2006,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 7. The board may issue a temporary work permit
to practice cosmetology, electrology, esthetics, or manicuring. or the
instruction of cosmetology, esthetics, or electrology.
SOURCE: IC 25-8-9-8; (07)CC182104.42. -->
SECTION 42. IC 25-8-9-8, AS AMENDED BY P.L.157-2006,
SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 8. A person must file a verified application for a
temporary:
(1) cosmetologist work permit;
(2) electrologist work permit;
(3) esthetician work permit; or
(4) manicurist work permit;
(5) cosmetology instructor work permit;
(6) esthetics instructor work permit; or
(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; (07)CC182104.43. -->
SECTION 43. IC 25-8-9-9, AS AMENDED BY P.L.157-2006,
SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: 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(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 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.
(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.
(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 25-8-15.4-9.5; (07)CC182104.44. -->
SECTION 44. IC 25-8-15.4-9.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 9.5. The board may, upon
application, reinstate a license under this chapter that has expired
if the person holding the license:
(1) pays the current renewal fee established by the board
under IC 25-1-8-2;
(2) pays the license reinstatement fee established under
IC 25-1-8-6; and
(3) complies with all requirements established under this
article for an applicant for an initial license.
SOURCE: IC 25-9-1-3; (07)CC182104.45. -->
SECTION 45. IC 25-9-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. (a) The Indiana
professional licensing agency may appoint and remove deputies for use
by the commission. The commission shall, when the commission
considers it advisable, direct a deputy to be present at any place where
sparring or boxing matches
semiprofessional elimination contests, or
exhibitions are to be held under this chapter. The deputies shall
ascertain the exact conditions surrounding the match
contest, or
exhibition and make a written report of the conditions in the manner
and form prescribed by the commission.
(b) The licensing agency may appoint and remove a secretary for the
commission, who shall:
(1) keep a full and true record of all the commission's
proceedings;
(2) preserve at its general office all the commission's books,
documents, and papers;
(3) prepare for service notices and other papers as may be
required by the commission; and
(4) perform other duties as the licensing agency may prescribe.
The licensing agency may employ only such clerical employees as may
be actually necessary and fix their salaries as provided by law.
(c) Each commissioner shall be reimbursed for all actual and
necessary traveling expenses and disbursements incurred by them in
the discharge of their official duties. All reimbursements for traveling
expenses shall be in accordance with travel policies and procedures
established by the Indiana department of administration and the budget
agency. All expenses incurred in the administration of this chapter shall
be paid from the general fund upon appropriation being made for the
expenses.
SOURCE: IC 25-9-1-5; (07)CC182104.46. -->
SECTION 46. IC 25-9-1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5. (a) Boxing and
sparring matches or exhibitions for prizes or purses may be held in
Indiana.
(b) The commission:
(1) has the sole direction, management, control, and jurisdiction
over all boxing and sparring matches semiprofessional
elimination contests, or exhibitions to be conducted, held, or
given in Indiana; and
(2) may issue licenses for those matches contests, or exhibitions.
(c) A boxing or sparring match or an exhibition that is:
(1) conducted by any school, college, or university within Indiana;
(2) sanctioned by United States Amateur Boxing, Inc.; or
(3) without a prize or purse;
shall not be subject to the provisions of this chapter requiring a license.
The term "school, college, or university" does not include a school or
other institution for the principal purpose of furnishing instruction in
boxing, or other athletics.
(d) No boxing or sparring match, or exhibition, except as provided
in this article, shall be held or conducted within Indiana except under
a license and permit issued by the state boxing commission in
accordance with the provisions of this chapter and the rules adopted
under this chapter.
SOURCE: IC 25-9-1-6; (07)CC182104.47. -->
SECTION 47. IC 25-9-1-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6. (a) The commission
may:
(1) cause to be issued by the Indiana professional licensing
agency under the name and seal of the state boxing commission,
an annual license in writing for holding boxing or sparring
matches semiprofessional elimination contests, or exhibitions to
any person who is qualified under this chapter; and
(2) adopt rules to establish the qualifications of the applicants.
(b) In addition to the general license, a person must, before
conducting any particular boxing or sparring match semiprofessional
elimination contest, or exhibition where one (1) or more contests are to
be held, obtain a permit from the state boxing commission.
(c) Annual licenses may be revoked by the commission upon
hearing and proof that any holder of an annual license has violated this
chapter or any rule or order of the commission.
(d) A person who conducts a boxing or sparring match
semiprofessional elimination contest, or exhibition without first
obtaining a license or permit commits a Class B misdemeanor.
SOURCE: IC 25-9-1-7; (07)CC182104.48. -->
SECTION 48. IC 25-9-1-7, AS AMENDED BY P.L.120-2005,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 7. (a) Applications for licenses or permits to
conduct or participate in, either directly or indirectly, a boxing or
sparring match semiprofessional elimination contest, or exhibition shall
be:
(1) made in writing upon forms prescribed by the state boxing
commission and shall be addressed to and filed with the Indiana
professional licensing agency; and
(2) verified by the applicant, if an individual, or by some officer
of the club, corporation, or association in whose behalf the
application is made.
(b) The application for a permit to conduct a particular boxing or
sparring match semiprofessional elimination contest, or exhibition,
shall, among other things, state:
(1) the time and exact place at which the boxing or sparring match
semiprofessional elimination contest, or exhibition is proposed to
be held;
(2) the names of the contestants who will participate and their
seconds;
(3) the seating capacity of the buildings or the hall in which such
exhibition is proposed to be held;
(4) the admission charge which is proposed to be made;
(5) the amount of the compensation percentage of gate receipts
which is proposed to be paid to each of the participants;
(6) the name and address of the person making the application;
(7) the names and addresses of all the officers if the person is a
club, a corporation, or an association; and
(8) the record of each contestant from a source approved by the
commission.
(c) The commission shall cause to be kept by the licensing agency
proper records of the names and addresses of all persons receiving
permits and licenses.
SOURCE: IC 25-9-1-15; (07)CC182104.49. -->
SECTION 49. IC 25-9-1-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 15. All buildings or
structures used, or in any way to be used for the purpose of holding or
giving therein boxing or sparring matches semiprofessional elimination
contests, or exhibitions, shall be properly ventilated and provided with
fire exits and fire escapes, if need be, and in all manner shall conform
to the laws, ordinances, and regulations pertaining to buildings in the
city or town where situated.
SOURCE: IC 25-9-1-16; (07)CC182104.50. -->
SECTION 50. IC 25-9-1-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 16. (a) A person shall
not:
(1) permit any person under the age of eighteen (18) years to
participate in any boxing or sparring match
semiprofessional
elimination contest, or exhibition;
(2) permit any gambling on the result of, or on any contingency in
connection with, any boxing or sparring match
semiprofessional
elimination contest, or exhibition conducted by it; or
(3) participate in or permit any sham or collusive boxing or
sparring match semiprofessional elimination contest, or
exhibition.
(b) A person who violates this section shall, in addition to any
criminal penalty, have the person's license or permit revoked and be
rendered ineligible for a license or permit at any future time.
SOURCE: IC 25-9-1-17; (07)CC182104.51. -->
SECTION 51. IC 25-9-1-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 17. (a) A person shall
not:
(1) participate in any sham or collusive boxing or sparring match
semiprofessional elimination contest, or exhibition where the
match or exhibition is conducted by a licensed person; or
(2) being under the age of eighteen (18), participate in any boxing
or sparring match semiprofessional elimination contest, or
exhibition.
(b) If a person violating this section is a licensed contestant in this
state, the person shall for the first offense, in addition to the fine, suffer
a revocation of the person's license or permit, and for a second offense
be forever barred from receiving any license or permit or participating
in any boxing or sparring match or exhibition in Indiana.
(c) A person who gambles on the result of, or on any contingency in
connection with, any boxing or sparring match semiprofessional
elimination contest, or exhibition and is convicted under IC 35-45-5
shall, in addition to any criminal penalty imposed, be penalized as
provided in subsection (b).
SOURCE: IC 25-9-1-19; (07)CC182104.52. -->
SECTION 52. IC 25-9-1-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 19. (a) No contestant
shall be permitted to participate in any boxing or sparring match
semiprofessional elimination contest, or exhibition unless duly
registered and licensed with the state boxing commission, which
license must be renewed biennially. The license fee and the renewal fee
shall not be less than five dollars ($5) paid at the time of the
application for the license or renewal.
(b) Any person who desires to be registered and licensed as a
contestant shall file an application in writing with the Indiana
professional licensing agency, which application shall, among other
things, state:
(1) the correct name of the applicant;
(2) the date and place of the applicant's birth;
(3) the place of the applicant's residence; and
(4) the applicant's employment, business, or occupation, if any.
The application must be verified under oath of the applicant.
Application for renewal license shall be in similar form.
(c) No assumed or ring names shall be used in any application nor
in any advertisement of any contest, unless the ring or assumed name
has been registered with the commission with the correct name of the
applicant.
(d) Each application for license by a contestant or for a license
renewal must be accompanied by the certificate of a physician residing
within Indiana, who has been licensed as provided in this article, and
has practiced in Indiana for not less than five (5) years, certifying that
the physician has made a thorough physical examination of the
applicant, and that the applicant is physically fit and qualified to
participate in boxing or sparring matches or exhibitions.
SOURCE: IC 25-9-1-20.5; (07)CC182104.53. -->
SECTION 53. IC 25-9-1-20.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 20.5. The commission
may declare any person who has been convicted of an offense under
IC 35-48 ineligible to participate in any boxing or sparring match
semiprofessional elimination contest, or exhibition, or any other
activity or event regulated by the commission, notwithstanding that the
person may hold a valid license issued by the commission. The period
of ineligibility shall be for not less than six (6) months nor more than
three (3) years, as determined by the commission. If any such person
shall be declared ineligible, the commission shall suspend such
convicted person and declare him the person ineligible to participate
in any boxing or sparring match or exhibition, or any other activity or
event regulated by the commission, as soon as it discovers the
conviction, but the period of ineligibility shall commence from the
actual date of the conviction. During the period of ineligibility, the
suspended person may reapply to the commission for a license in the
manner provided, and the commission may rescind the prior order of
suspension.
SOURCE: IC 25-9-1-21; (07)CC182104.54. -->
SECTION 54. IC 25-9-1-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 21. (a) Any license
provided for under this chapter may be revoked or suspended by the
commission for reasons deemed sufficient under this chapter and under
IC 25-1-11.
(b) If a person displays to the public credentials issued by the
commission that:
(1) have been revoked or suspended under this section or under
sections 16, 17, and 20.5 of this chapter; or
(2) have expired;
the commission may act under this section, or the commission may
declare the person ineligible for a period to be determined by the
commission to participate in any boxing or sparring match,
semiprofessional elimination contest, exhibition, or other activity
regulated by the commission.
SOURCE: IC 25-9-1-22; (07)CC182104.55. -->
SECTION 55. IC 25-9-1-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 22. (a) Every person,
club, corporation, firm, or association which may conduct any match
or exhibition under this chapter shall, within twenty-four (24) hours
after the termination thereof:
(1) furnish to the Indiana professional licensing agency by mail,
a written report duly verified by that person or, if a club,
corporation, firm, or association, by one (1) of its officers,
showing the amount of the gross proceeds for the match or
exhibition, and other related matters as the commission may
prescribe; and
(2) pay a tax of five percent (5%) of the price of admission
collected from the sale of each admission ticket to the match or
exhibition, which price shall be a separate and distinct charge and
shall not include any tax imposed on and collected on account of
the sale of any such ticket. Money derived from such state tax
shall be deposited in the state general fund.
(b) Before any license shall be granted for any boxing or sparring
match semiprofessional elimination contest, or exhibition in this state,
a bond or other instrument that provides financial recourse must be
provided to the state boxing commission. The instrument must be:
(1) in an amount determined by the commission;
(2) approved as to form and sufficiency of the sureties thereon by
the commission;
(3) payable to the state of Indiana; and
(4) conditioned for the payment of the tax imposed, the officials
and contestants, and compliance with this chapter and the valid
rules of the commission.
SOURCE: IC 25-9-1-24; (07)CC182104.56. -->
SECTION 56. IC 25-9-1-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 24. The commission
may appoint official representatives, designated as inspectors, each of
whom shall receive from the commission a card authorizing him the
official representative to act as an inspector wherever the commission
may designate him the official representative to act. One (1) inspector
or deputy shall be present at all boxing or sparring matches
semiprofessional elimination contests, or exhibitions, and see that the
rules of the commission and the provisions of this chapter are strictly
observed, and shall also be present at the counting up of the gross
receipts, and shall immediately mail to the commission the final
box-office statement received by him from the person or officers of the
club, corporation, or association conducting the match contest, or
exhibition.
SOURCE: IC 25-9-1-26; (07)CC182104.57. -->
SECTION 57. IC 25-9-1-26 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 26. All tickets of
admission to any boxing or sparring match semiprofessional
elimination contest, or exhibition shall clearly show their purchase
price, and no such tickets shall be sold for more than the price printed
on the tickets. It shall be unlawful for any person, club, corporation, or
association to admit to such contest a number of people greater than the
seating capacity of the place where such contest is held.
SOURCE: IC 25-21.5-8-7; (07)CC182104.58. -->
SECTION 58. IC 25-21.5-8-7, AS AMENDED BY P.L.194-2005,
SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 7. (a) The board may adopt rules requiring a land
surveyor to obtain continuing education for renewal of a certificate
under this chapter.
(b) If the board adopts rules under this section, the rules must
do the
following:
(1) establish procedures for approving an organization that
provides continuing education.
(2) Require an organization that provides an approved continuing
education program to supply the following information to the
board not more than thirty (30) days after the course is presented:
(A) An alphabetical list of all land surveyors who attended the
course.
(B) A certified statement of the hours to be credited to each
land surveyor.
(c) If the board adopts rules under this section, the board may adopt
rules to do the following:
(1) Allow private organizations to implement the continuing
education requirement.
(2) Establish an inactive certificate of registration. If the board
adopts rules establishing an inactive certificate, the board must
adopt rules that:
(A) do not require the holder of an inactive certificate to obtain
continuing education;
(B) prohibit the holder of an inactive certificate from
practicing land surveying;
(C) establish requirements for reactivation of an inactive
certificate; and
(D) do not require the holder of an inactive certificate to pay
the registration and renewal fees required under
IC 25-21.5-7-5.
SOURCE: IC 25-23.5-0.5; (07)CC182104.59. -->
SECTION 59. IC 25-23.5-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]:
Chapter 0.5. Applicability
Sec. 1. This article does not apply to the practice of an
occupation or a profession for which an individual is licensed,
certified, or registered in Indiana by a state agency if the individual
is practicing within the scope of the individual's license, certificate,
or registration.
Sec. 2. The provisions of this article that require a license to
engage in the practice of occupational therapy do not apply to the
following:
(1) The practice of occupational therapy by an individual who
is practicing occupational therapy as part of a supervised
course of study in an educational program approved by the
board.
(2) The practice of occupational therapy by an occupational
therapy assistant who is:
(A) certified under this article; and
(B) acting under the supervision of an occupational
therapist.
(3) The practice of occupational therapy by an occupational
therapy aide under the direct supervision of:
(A) an occupational therapist; or
(B) an occupational therapy assistant.
Sec. 3. An occupational therapy assistant shall:
(1) be certified under this article; and
(2) practice under the supervision of an occupational therapist
who is licensed under this article.
SOURCE: IC 25-23.5-1-3.5; (07)CC182104.60. -->
SECTION 60. IC 25-23.5-1-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 3.5. "Examination" refers to a
nationally recognized test for occupational therapists that has been
approved by the board under IC 25-23.5-5-4.5.
SOURCE: IC 25-23.5-1-5; (07)CC182104.61. -->
SECTION 61. IC 25-23.5-1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5.
"Practice of
occupational therapy" means the functional assessment of learning and
performance skills and the analysis, selection, and adaptation of
exercises or equipment for a person whose abilities to perform the
requirements of daily living are threatened or impaired by physical
injury or disease, mental illness, a developmental deficit, the aging
process, or a learning disability. The term consists primarily of the
following functions:
(1) Planning and directing exercises and programs to improve
sensory-integration and motor functioning at a level of
performance neurologically appropriate for a person's stage of
development.
(2) Analyzing, selecting, and adapting functional exercises to
achieve and maintain a person's optimal functioning in daily
living tasks and to prevent further disability.
SOURCE: IC 25-23.5-2-2; (07)CC182104.62. -->
SECTION 62. IC 25-23.5-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. The committee
consists of five (5) members appointed by the governor for terms of
three (3) years. The committee must include the following:
(1) At least two (2) occupational therapists who:
(A) are residents of Indiana;
(B) have at least three (3) years experience as occupational
therapists; and
(C) are certified licensed under this article.
(2) At least one (1) physician licensed under IC 25-22.5 who is
familiar with the practice of occupational therapy.
(3) At least one (1) person who:
(A) is a resident of Indiana; and
(B) is not associated with occupational therapy in any way
other than as a consumer.
SOURCE: IC 25-23.5-2-5; (07)CC182104.63. -->
SECTION 63. IC 25-23.5-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5. The committee shall:
(1) consider the qualifications of persons who apply for
certificates licenses under this article;
(2) provide for examinations required under this article;
(3) certify license qualified persons;
(4) propose rules to the board concerning the:
(A) competent practice of occupational therapy;
(B) continuing competency requirement for the renewal of
a license for an occupational therapist and renewal of a
certificate for an occupational therapy assistant; and the
(C) administration of this article; and
(5) recommend to the board the amounts of fees required under
this article.
SOURCE: IC 25-23.5-2-6; (07)CC182104.64. -->
SECTION 64. IC 25-23.5-2-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6. (a) After considering
the committee's proposed rules, the board shall adopt rules under
IC 4-22-2 establishing standards for:
(1) the competent practice of occupational therapy;
(2) the renewal of certificates licenses or certificates issued
under this article; and
(3) standards for the administration of this article.
(b) After considering the committee's recommendations for fees, the
board shall establish fees under IC 25-1-8-2.
SOURCE: IC 25-23.5-3-1; (07)CC182104.65. -->
SECTION 65. IC 25-23.5-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. A person may not:
(1) profess to be practice as an occupational therapist;
(2) profess to be practice as an occupational therapy assistant;
(3) use the title "occupational therapist";
(4) use the title "occupational therapy assistant"; or
(5) use the initials "O.T.", "O.T.A.", "O.T.R.", or "C.O.T.A." or
any other words, letters, abbreviations, or insignia indicating or
implying that the person is an occupational therapist or
occupational therapy assistant certified under this article;
(5) engage in the practice of occupational therapy;
unless the person is certified licensed or certified under this article.
SOURCE: IC 25-23.5-3-1.5; (07)CC182104.66. -->
SECTION 66. IC 25-23.5-3-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 1.5. (a) Except as provided in
subsection (b), an occupational therapist may not provide
occupational therapy services to a person until the person has been
referred to the occupational therapist by a physician licensed
under IC 25-22.5, a podiatrist licensed under IC 25-29, an
advanced practice nurse licensed under IC 25-23, a psychologist
licensed under IC 25-33, or a chiropractor licensed under IC 25-10.
(b) An occupational therapist may provide the following
services without a referral from a physician licensed under
IC 25-22.5, a podiatrist licensed under IC 25-29, an advanced
practice nurse licensed under IC 25-23, a psychologist licensed
under IC 25-33, or a chiropractor licensed under IC 25-10:
(1) Ergonomic or home assessment.
(2) Injury or illness prevention education and wellness
services.
(3) Occupational therapy activities provided in an educational
setting.
(4) Occupational therapy activities that the board determines,
after reviewing the recommendations of the committee, are
appropriate to be conducted in a community based
environment.
SOURCE: IC 25-23.5-3-2; (07)CC182104.67. -->
SECTION 67. IC 25-23.5-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. A person who
knowingly or intentionally violates this chapter commits a Class B
misdemeanor.
SOURCE: IC 25-23.5-5-1; (07)CC182104.68. -->
SECTION 68. IC 25-23.5-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. A person who
applies for a
certificate license as an occupational therapist or
a
certificate as an occupational therapy assistant must present
satisfactory evidence to the committee that the person:
(1) does not have a conviction for a crime that has a direct bearing
on the person's ability to practice competently;
(2) has not been the subject of a disciplinary action by a licensing
or certification agency of another state or jurisdiction on the
grounds that the person was not able to practice as an
occupational therapist or occupational therapy assistant without
endangering the public;
(3) has graduated from a school or program of occupational
therapy or a program for occupational therapy assistants approved
by the board; and
(4) has passed an occupational therapist or occupational therapy
assistant licensing or certifying examination approved by the
board under section 4.5 of this chapter.
SOURCE: IC 25-23.5-5-2; (07)CC182104.69. -->
SECTION 69. IC 25-23.5-5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) The board may
require a person who applies for a certificate license as an occupational
therapist to have successfully completed supervised fieldwork
experience arranged and approved by the school or program from
which the person graduated.
(b) The board may require a person who applies for a certificate as
an occupational therapy assistant to have successfully completed
supervised fieldwork experience arranged and approved by the
program from which the person graduated.
SOURCE: IC 25-23.5-5-3; (07)CC182104.70. -->
SECTION 70. IC 25-23.5-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. A person applying
for a certificate license or certificate under this article must pay a fee.
SOURCE: IC 25-23.5-5-4; (07)CC182104.71. -->
SECTION 71. IC 25-23.5-5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. A person who
satisfies the requirements of sections 1 through 3 of this chapter may
take the examination provided approved by the board under section
4.5 of this chapter.
SOURCE: IC 25-23.5-5-4.5; (07)CC182104.72. -->
SECTION 72. IC 25-23.5-5-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 4.5. (a) The board shall do the
following:
(1) Approve a nationally recognized examination for each
type of license or certificate issued under this article.
(2) Establish the passing score necessary to obtain a license
under this article.
(b) The board may use any part of an examination administered
by:
(1) the National Board for Certification in Occupational
Therapy, or its successor; or
(2) another nationally recognized body that provides
examination services for occupational therapists, as
determined by the committee;
as the examination required to obtain a license under this article.
SOURCE: IC 25-23.5-5-5; (07)CC182104.73. -->
SECTION 73. IC 25-23.5-5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5. (a) The committee
shall provide for examinations to be given at least two (2) times a year
at times and places established by the board.
(b) The committee shall provide for examinations that test a person's
knowledge of the basic and clinical sciences as they relate to
the
practice of occupational therapy, occupational therapy theory and
procedures, and other subjects the committee considers useful to test
a person's fitness to practice as an occupational therapist or
occupational therapy assistant.
SOURCE: IC 25-23.5-5-6; (07)CC182104.74. -->
SECTION 74. IC 25-23.5-5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6. The committee shall
issue a certificate license or certificate to a person who
(1) achieves a passing score, as determined by the board, on the
examination provided under this chapter; and
(2) is otherwise qualified meets the requirements for a license
or certificate under this article.
SOURCE: IC 25-23.5-5-7; (07)CC182104.75. -->
SECTION 75. IC 25-23.5-5-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 7. (a) The committee
may refuse to issue a certificate license or may issue a probationary
certificate license to a person if:
(1) the person has been disciplined by an administrative agency
in another jurisdiction; and
(2) the committee determines that the violation for which the
person was disciplined has a direct bearing on the person's ability
to practice occupational therapy as an occupational therapist. or
occupational therapy assistant.
(b) The committee may refuse to issue a certificate or may issue
a probationary certificate to a person if:
(1) the person has been disciplined by an administrative
agency in another jurisdiction; and
(2) the committee determines that the violation for which the
person was disciplined has a direct bearing on the person's
ability to practice as an occupational therapy assistant.
SOURCE: IC 25-23.5-5-8; (07)CC182104.76. -->
SECTION 76. IC 25-23.5-5-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 8. (a) If the committee
issues a probationary certificate license or probationary certificate
under section 7 of this chapter, the committee may require the person
who holds the certificate probationary license or probationary
certificate to perform one (1) or more of the following conditions:
(1) Report regularly to the committee upon a matter that is the
basis for the probation.
(2) Limit practice to areas prescribed by the committee.
(3) Continue or renew professional education.
(4) Engage in community restitution or service without
compensation for a number of hours specified by the committee.
(b) The committee shall remove a limitation placed on a
probationary certificate license or probationary certificate if after a
hearing the committee finds that the deficiency that caused the
limitation has been remedied.
SOURCE: IC 25-23.5-5-9; (07)CC182104.77. -->
SECTION 77. IC 25-23.5-5-9, AS AMENDED BY P.L.1-2006,
SECTION 457, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 9. (a) A certificate license or
certificate issued by the committee expires on a date established by the
Indiana professional licensing agency under IC 25-1-5-4 in the next
even-numbered year following the year in which the certificate license
or certificate was issued.
(b) A person may renew a certificate license or certificate by
paying a renewal fee on or before the expiration date of the certificate.
license or certificate.
(c) If a person fails to pay a renewal fee on or before the expiration
date of a certificate, license or certificate, the certificate license or
certificate becomes invalid.
SOURCE: IC 25-23.5-5-10; (07)CC182104.78. -->
SECTION 78. IC 25-23.5-5-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 10. (a) The committee
shall reinstate an invalid certificate license or certificate up to three
(3) years after the expiration date of the certificate license or
certificate if the person holding the invalid certificate license or
certificate meets the requirements under IC 25-1-8-6.
(b) If more than three (3) years have elapsed since the date a
certificate license or certificate expired, the person holding the
certificate license or certificate may renew the certificate license or
certificate by satisfying the requirements for renewal established by
the board and meeting the requirements under IC 25-1-8-6.
SOURCE: IC 25-23.5-5-11; (07)CC182104.79. -->
SECTION 79. IC 25-23.5-5-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 11. (a) The committee
may issue a temporary permit to a person to
profess to be engage in the
practice of occupational therapy as an occupational therapist or
occupational therapy assistant if the person pays a fee and the person:
(1) has a valid license or certificate to practice from another state
and the person has applied for a
certificate license or certificate
from the committee;
(2) is practicing
occupational therapy in a state that does not
license or certify occupational therapists or occupational therapy
assistants but is certified by a national occupational therapy
association approved by the
committee board and the person has
applied for a
certificate license or certificate from the committee;
or
(3) has been approved by the committee to take the next
examination and has graduated from a school or program
approved by the committee and the person has completed the
fieldwork experience requirement.
(3) meets all the following requirements:
(A) Has graduated from an accredited program.
(B) Has completed the fieldwork experience requirement
for a license or certificate under this article.
(C) Is eligible to take the entry level examination.
(b) A person with a temporary permit issued under subsection (a)(3)
may
profess to be engage in the practice of occupational therapy as
an occupational therapist or an occupational therapy assistant only
under the supervision of an occupational therapist
certified licensed
under this article.
(c) A temporary permit expires the earlier of:
(1) the date the person holding the permit is issued a
certificate
permanent license or certificate under this article;
or
(2) the date the committee disapproves the person's
certificate
license application
or certificate application; or
(3) one hundred eighty days (180) days after the date the
permit is issued.
(d) The committee may renew a temporary permit if the person
holding the permit was scheduled to take the next examination and the
person:
(1) did not take the examination; and
(2) shows good cause for not taking the examination.
(e) A permit renewed under subsection (c) (d) expires on the date
the person holding the permit receives the results from the next
examination given after the permit was issued.
SOURCE: IC 25-23.5-5-12; (07)CC182104.80. -->
SECTION 80. IC 25-23.5-5-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 12. (a) A person who
is certified licensed or certified under this article shall notify the
committee in writing when the person retires from practice.
(b) Upon receipt of the notice, the committee shall:
(1) record the fact the person is retired; and
(2) release the person from further payment of renewal fees.
SOURCE: IC 25-23.5-5-13; (07)CC182104.81. -->
SECTION 81. IC 25-23.5-5-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 13. (a) If a person
surrenders a certificate license or certificate to the committee, the
committee may reinstate the certificate license or certificate upon
written request by the person.
(b) If the committee reinstates a certificate, license or certificate,
the committee may impose conditions on the certificate license or
certificate appropriate to the reinstatement.
(c) A person may not surrender a certificate license or certificate
without written approval by the committee if a disciplinary proceeding
under this article is pending against the person.
SOURCE: IC 25-23.5-5-14; (07)CC182104.82. -->
SECTION 82. IC 25-23.5-5-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 14. A person who
applies for a certificate license or certificate under this article may be
exempted by the committee from the examination requirement under
section 6 of this chapter if the person:
(1) is licensed or certified to practice occupational therapy as an
occupational therapist or occupational therapy assistant in another
state; or
(2) is practicing occupational therapy in a state that does not
license or certify occupational therapists or occupational therapy
assistants and is certified by a national occupational therapy
association approved by the board;
and is otherwise qualified under sections 1 through 3 of this chapter
and pays an additional fee.
SOURCE: IC 25-23.5-5-15; (07)CC182104.83. -->
SECTION 83. IC 25-23.5-5-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 15. The committee may
issue a certificate license to a person who has graduated as an
occupational therapist or issue a certificate to a person who has
graduated as an occupational therapy assistant from an educational
program in a foreign country if the person:
(1) graduated from an educational program approved by the
board;
(2) does not have a conviction for:
(A) an act that would constitute a ground for a disciplinary
sanction under IC 25-1-9; or
(B) a crime that has a direct bearing on the person's ability to
practice competently;
(3) has not been the subject of a disciplinary action initiated by a
licensing agency of another state or jurisdiction on the ground that
the person was not able to practice occupational therapy as an
occupational therapist or occupational therapy assistant without
endangering the public;
(4) passes the examination required under this chapter; and
(5) pays a fee.
SOURCE: IC 25-23.6-1-1.5; (07)CC182104.84. -->
SECTION 84. IC 25-23.6-1-1.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1.5. "Appraisal" means
the use or administration of career and occupational instruments,
adaptive behavioral and symptoms screening checklists, and
inventories of interests and preferences that are administered for the
purpose of counseling persons to cope with or adapt to changing life
situations that are due to problems in living. The term includes the use
of marital, relational, communicational, parent and child, and family
systems assessment instruments. The term does not include the use of
restricted psychology tests or instruments as described in
IC 25-33-1-2(1).
SOURCE: IC 25-23.6-8-2.7; (07)CC182104.85. -->
SECTION 85. IC 25-23.6-8-2.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2.7. (a) An applicant
under section 1 of this chapter must have at least three (3) two (2)
years of clinical experience, during which at least fifty percent (50%)
of the applicant's clients were receiving marriage and family therapy
services. Two (2) years of The applicant's clinical experience must
include one thousand (1,000) hours of post degree clinical experience
and two hundred (200) hours of post degree clinical supervision, of
which one hundred (100) hours must be individual supervision, under
the supervision of a licensed marriage and family therapist who has at
least five (5) years of experience or an equivalent supervisor, as
determined by the board.
(b) Within the three (3) two (2) years required under subsection (a),
the applicant must provide direct individual, group, and family therapy
and counseling to the following categories of cases:
(1) Unmarried couples.
(2) Married couples.
(3) Separating or divorcing couples.
(4) Family groups, including children.
(c) A doctoral internship may be applied toward the supervised
work experience requirement.
(d) Except as provided in subsection (e), the experience requirement
may be met by work performed at or away from the premises of the
supervising marriage and family therapist.
(e) The work requirement may not be performed away from the
supervising marriage and family therapist's premises if:
(1) the work is the independent private practice of marriage and
family therapy; and
(2) the work is not performed at a place that has the supervision
of a licensed marriage and family therapist or an equivalent
supervisor, as determined by the board.
SOURCE: IC 25-23.7-4-2; (07)CC182104.86. -->
SECTION 86. IC 25-23.7-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. The licensing agency
shall provide the board with clerical or other assistants including
investigators, necessary for the proper performance of the board's
duties.
SOURCE: IC 25-33-1-1.1; (07)CC182104.87. -->
SECTION 87. IC 25-33-1-1.1, AS AMENDED BY SEA 526-2007,
SECTION 343, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 1.1. (a) Except as provided in
sections 3(g) and 14(e) of this chapter, Subject to subsection (b), this
article exempts a person who does not profess to be a psychologist and
who is:
(1) a certified licensed marriage and family therapist;
(2) a certified licensed social worker or a certified licensed
clinical social worker;
(3) a licensed mental health counselor;
(3) (4) a minister, priest, rabbi, or other member of the clergy
providing pastoral counseling or other assistance;
(4) (5) a licensed or certified health care professional;
(5) (6) a licensed attorney;
(6) (7) a student, an intern, or a trainee pursuing a course of study
in psychology in an accredited postsecondary educational
institution or training institution if the psychology activities are
performed under qualified supervision and constitute a part of the
person's supervised course of study or other level of supervision
as determined by the board;
(7) (8) an employee of or a volunteer for a nonprofit corporation
or an organization performing charitable, religious, or educational
functions, providing pastoral counseling or other assistance; or
(8) (9) any other certified or licensed profession. professional.
(b) To be exempt under this article, a person described under
subsection (a)(1), (a)(2), (a)(4), (a)(3), (a)(5), (a)(6), (a)(7) or (a)(8)
(a)(9) must provide services:
(1) within the person's scope of the person's practice, license,
education, and training; and
(2) according to any applicable ethical standards of the person's
profession.
SOURCE: IC 25-33-1-3; (07)CC182104.88. -->
SECTION 88. IC 25-33-1-3, AS AMENDED BY P.L.1-2006,
SECTION 478, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 3. (a) There is created a board to be
known as the "state psychology board". The board shall consist of
seven (7) members appointed by the governor. Six (6) of the board
members shall be licensed under this article and shall have had at least
five (5) years of experience as a professional psychologist prior to their
appointment. The seventh member shall be appointed to represent the
general public, must be a resident of this state, must never have been
credentialed in a mental health profession, and must in no way be
associated with the profession of psychology other than as a consumer.
All members shall be appointed for a term of three (3) years. All
members may serve until their successors are duly appointed and
qualified. A vacancy occurring on the board shall be filled by the
governor by appointment. The member so appointed shall serve for the
unexpired term of the vacating member. Each member of the board is
entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b).
Such a member is also entitled to reimbursement for traveling expenses
and other expenses actually incurred in connection with the member's
duties, as provided in the state travel policies and procedures
established by the Indiana department of administration and approved
by the state budget agency.
(b) The members of the board shall organize by the election of a
chairman and a vice chairman from among its membership. Such
officers shall serve for a term of one (1) year. The board shall meet at
least once in each calendar year and on such other occasions as it
considers necessary and advisable. A meeting of the board may be
called by its chairman or by a majority of the members on the board.
Four (4) members of the board constitute a quorum. A majority of the
quorum may transact business.
(c) The board is empowered to do the following:
(1) Establish reasonable application, examination, and renewal
procedures and set fees for licensure under this article. However,
no fee collected under this article shall, under any circumstances,
be refunded.
(2) Adopt and enforce rules concerning assessment of costs in
disciplinary proceedings before the board.
(3) Establish examinations of applicants for licensure under this
article and issue, deny, suspend, revoke, and renew licenses.
(4) Subject to IC 25-1-7, investigate and conduct hearings, upon
complaint against individuals licensed or not licensed under this
article, concerning alleged violation of this article, under
procedures conducted in accordance with IC 4-21.5.
(5) Initiate the prosecution and enjoinder of any person violating
this article.
(6) Adopt rules which are necessary for the proper performance
of its duties, in accordance with IC 4-22-2.
(7) Establish a code of professional conduct.
(d) The board shall adopt rules establishing standards for the
competent practice of psychology.
(e) All expenses incurred in the administration of this article shall
be paid from the general fund upon appropriation being made in the
manner provided by law for the making of such appropriations.
(f) The bureau shall do the following:
(1) Carry out the administrative functions of the board.
(2) Provide necessary personnel to carry out the duties of this
article.
(3) Receive and account for all fees required under this article.
(4) Deposit fees collected with the treasurer of state for deposit in
the state general fund.
(g) The board shall adopt rules under IC 4-22-2 to establish,
maintain, and update a list of restricted psychology tests and
instruments (as defined in section 14(b) of this chapter) containing
those psychology tests and instruments that, because of their design or
complexity, create a danger to the public by being improperly
administered and interpreted by an individual other than:
(1) a psychologist licensed under IC 25-33-1-5.1;
(2) an appropriately trained mental health provider under the
direct supervision of a health service provider endorsed under
IC 25-33-1-5.1(c);
(3) a qualified physician licensed under IC 25-22.5;
(4) a school psychologist who holds a valid:
(A) license issued by the department of education under
IC 20-28-2; or
(B) endorsement under IC 20-28-12;
practicing within the scope of the school psychologist's license or
endorsement; or
(5) a minister, priest, rabbi, or other member of the clergy
providing pastoral counseling or other assistance.
(h) The board shall provide to:
(1) the social work certification and marriage and family
therapists credentialing board; and
(2) any other interested party upon receiving the request of the
interested party;
a list of the names of tests and instruments proposed for inclusion on
the list of restricted psychological tests and instruments under
subsection (g) at least sixty (60) days before publishing notice of intent
under IC 4-22-2-23 to adopt a rule regarding restricted tests and
instruments.
(i) The social work certification and marriage and family therapists
credentialing board and any other interested party that receives the list
under subsection (h) may offer written comments or objections
regarding a test or instrument proposed for inclusion on the list of
restricted tests and instruments within sixty (60) days after receiving
the list. If:
(1) the comments or objections provide evidence indicating that
a proposed test or instrument does not meet the criteria
established for restricted tests and instruments, the board may
delete that test from the list of restricted tests; and
(2) the board determines that a proposed test or instrument meets
the criteria for restriction after reviewing objections to the test or
instrument, the board shall respond in writing to justify its
decision to include the proposed test or instrument on the list of
restricted tests and instruments.
(j) (g) This section may not be interpreted to prevent a licensed or
certified health care professional from practicing within the scope of
the health care professional's:
(1) license or certification; and
(2) training or credentials.
SOURCE: IC 25-33-1-14; (07)CC182104.89. -->
SECTION 89. IC 25-33-1-14, AS AMENDED BY SEA 526-2007,
SECTION 347, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 14. (a) This section does not apply
to an individual who is:
(1) a member of a teaching faculty, at a public or private
postsecondary educational institution for the purpose of teaching,
research, or the exchange or dissemination of information and
ideas as an assigned duty of the institution;
(2) a commissioned psychology officer in the regular United
States armed services;
(3) licensed by the department of education (established by
IC 20-19-3-1) as a school psychologist and using the title "school
psychologist" or "school psychometrist" as an employee of a
school corporation; or
(4) endorsed as an independent practice school psychologist
under IC 20-28-12.
(b) As used in this section, "restricted psychology test or
instrument" means a measurement instrument or device used for
treatment planning, diagnosing, or classifying intelligence, mental and
emotional disorders and disabilities, disorders of personality, or
neuropsychological, neurocognitive, or cognitive functioning. The term
does not apply to an educational instrument used in a school setting to
assess educational progress or an appraisal instrument.
(c) (b) It is unlawful for an individual to:
(1) claim that the individual is a psychologist; or
(2) use any title which uses the word "psychologist", "clinical
psychologist", "Indiana endorsed school psychologist", or
"psychometrist", or any variant of these words, such as
"psychology", or "psychological", or "psychologic";
unless that individual holds a valid license issued under this article or
a valid endorsement issued under IC 20-28-12.
(d) (c) It is unlawful for any individual, regardless of title, to render,
or offer to render, psychological services to individuals, organizations,
or to the public, unless the individual holds a valid license issued under
this article or a valid endorsement issued under IC 20-28-12 or is
exempted under section 1.1 of this chapter.
(e) It is unlawful for an individual, other than:
(1) a psychologist licensed under IC 25-33-1-5.1;
(2) an appropriately trained mental health provider under the
direct supervision of a health service provider endorsed under
IC 25-33-1-5.1(c);
(3) a qualified physician licensed under IC 25-22.5;
(4) a school psychologist who holds a valid:
(A) license issued by the department of education under
IC 20-28-2; or
(B) endorsement under IC 20-28-12;
who practices within the scope of the school psychologist's
license or endorsement; or
(5) a minister, priest, rabbi, or other member of the clergy
providing pastoral counseling or other assistance;
to administer or interpret a restricted psychology test or instrument as
established by the board under section 3(g) of this chapter in the course
of rendering psychological services to individuals, organizations, or to
the public.
(f) (d) This section may not be interpreted to prevent a licensed or
certified health care professional from practicing within the scope of
the health care professional's:
(1) license or certification; and
(2) training or credentials.
SOURCE: IC 25-35.6-1-7; (07)CC182104.90. -->
SECTION 90. IC 25-35.6-1-7, AS AMENDED BY SEA 451-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 7. (a) The division of professional standards
established within the department of education by IC 20-28-2-1.5
(referred to as "the division of professional standards" in this section)
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 nonrenewable initial license as a speech-language
pathologist to an individual who is completing a clinical
fellowship in speech-language pathology and who has
registered the clinical fellowship with the board. The
nonrenewable initial license expires on the earlier of:
(A) the date the individual is licensed by the board as a
speech-language pathologist; or
(B) eighteen (18) months after the individual begins the
clinical fellowship in speech-language pathology.
(2) (3) 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 division of professional standards 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.
(c) A speech-language pathologist licensed by the division of
professional standards shall register with the Indiana professional
licensing agency all speech-language pathology support personnel that
the speech-language pathologist supervises.
(d) The division of professional standards may not impose different
or additional supervision requirements upon speech-language
pathology support personnel than the supervision requirements that are
imposed under this article.
(e) The division of professional standards 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.
(f) An individual:
(1) who:
(A) if 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) if the individual is an audiologist, works in an educational
setting;
(2) who 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) who 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 25-35.6-1-8; (07)CC182104.91. -->
SECTION 91. IC 25-35.6-1-8, AS ADDED BY P.L.212-2005,
SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 8. (a) The board shall adopt rules under IC 4-22-2
to define the role of support personnel, including the following:
(1) Supervisory responsibilities of the speech-language
pathologist.
(2) Ratio of support personnel to speech-language pathologists.
(3) Scope of duties and restrictions of responsibilities for each
type of support personnel.
(4) Frequency, duration, and documentation of supervision.
(5) Education and training required to perform services.
(6) Procedures for renewing registration and terminating duties.
(b) A speech-language pathologist must meet the following
qualifications to supervise speech-language pathology support
personnel:
(1) Hold a current license as a speech-language pathologist issued
by the board.
(2) Have at least three (3) years of clinical experience.
(3) Hold a certificate of clinical competence in speech-language
pathology or its equivalent issued by a nationally recognized
association for speech-language and hearing.
(c) Speech-language pathology support personnel may provide
support services only under the supervision of a speech-language
pathologist.
SOURCE: IC 34-6-2-117; (07)CC182104.92. -->
SECTION 92. IC 34-6-2-117 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 117. "Professional
health care provider", for purposes of IC 34-30-15, means:
(1) a physician licensed under IC 25-22.5;
(2) a dentist licensed under IC 25-14;
(3) a hospital licensed under IC 16-21;
(4) a podiatrist licensed under IC 25-29;
(5) a chiropractor licensed under IC 25-10;
(6) an optometrist licensed under IC 25-24;
(7) a psychologist licensed under IC 25-33;
(8) a pharmacist licensed under IC 25-26;
(9) a health facility licensed under IC 16-28-2;
(10) a registered or licensed practical nurse licensed under
IC 25-23;
(11) a physical therapist licensed under IC 25-27;
(12) a home health agency licensed under IC 16-27-1;
(13) a community mental health center (as defined in
IC 12-7-2-38);
(14) a health care organization whose members, shareholders, or
partners are:
(A) professional health care providers described in
subdivisions (1) through (13);
(B) professional corporations comprised of health care
professionals (as defined in IC 23-1.5-1-8); or
(C) professional health care providers described in
subdivisions (1) through (13) and professional corporations
comprised of persons described in subdivisions (1) through
(13);
(15) a private psychiatric hospital licensed under IC 12-25;
(16) a preferred provider organization (including a preferred
provider arrangement or reimbursement agreement under
IC 27-8-11);
(17) a health maintenance organization (as defined in
IC 27-13-1-19) or a limited service health maintenance
organization (as defined in IC 27-13-34-4);
(18) a respiratory care practitioner licensed under IC 25-34.5;
(19) an occupational therapist certified licensed under IC 25-23.5;
(20) a state institution (as defined in IC 12-7-2-184);
(21) a clinical social worker who is licensed under
IC 25-23.6-5-2;
(22) a managed care provider (as defined in IC 12-7-2-127(b));
(23) a nonprofit health care organization affiliated with a hospital
that is owned or operated by a religious order, whose members are
members of that religious order; or
(24) a nonprofit health care organization with one (1) or more
hospital affiliates.
SOURCE: IC 35-48-3-5; (07)CC182104.93. -->
SECTION 93. IC 35-48-3-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5.
Denial, Revocation,
and Suspension of Registration. (a) An application for registration or
re-registration submitted pursuant to and a registration issued under
section 3 of this chapter to manufacture, distribute, or dispense a
controlled substance may be denied, suspended, or revoked by the
board upon a finding by the advisory committee that the applicant or
registrant:
(1) has furnished false or fraudulent material information in any
application filed under this article;
(2) has violated any state or federal law relating to any controlled
substance;
(3) has had his federal registration suspended or revoked to
manufacture, distribute, or dispense controlled substances; or
(4) has failed to maintain reasonable controls against diversion of
controlled substances into other than legitimate medical,
scientific, or industrial channels.
(b) The board may limit revocation or suspension of a registration
or the denial of an application for registration or re-registration to the
particular controlled substance with respect to which grounds for
revocation, suspension, or denial exist.
(c) If the board suspends or revokes a registration or denies an
application for re-registration, all controlled substances owned or
possessed by the registrant at the time of suspension or the effective
date of the revocation or denial order may be placed under seal. The
board may require the removal of such substances from the premises.
No disposition may be made of substances under seal until the time for
taking an appeal has elapsed or until all appeals have been concluded
unless a court, upon application therefor, orders the sale of perishable
substances and the deposit of the proceeds of the sale with the court.
Upon a revocation or denial order becoming final, all controlled
substances may be forfeited to the state.
(d) The board shall promptly notify the drug enforcement
administration of all orders suspending or revoking registration, all
orders denying any application for registration or re-registration, and
all forfeitures of controlled substances.
(e) If the Drug Enforcement Administration terminates, denies,
suspends, or revokes a federal registration for the manufacture,
distribution, or dispensing of controlled substances, a registration
issued by the board under this chapter is automatically suspended.
(f) The board may reinstate a registration that has been
suspended under subsection (e), after a hearing, if the board is
satisfied that the applicant is able to manufacture, distribute, or
dispense controlled substances with reasonable skill and safety to
the public. As a condition of reinstatement, the board may impose
disciplinary or corrective measures authorized under IC 25-1-9-9
or this article.
SOURCE: IC 25-8-4-22; IC 25-8-4-23; IC 25-8-4-24; IC 25-8-4-25;
IC 25-8-4-26; IC 25-8-6.1; IC 25-8-6.2; IC 25-8-16.
; (07)CC182104.94. -->
SECTION 94. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2007]: IC 25-8-4-22; IC 25-8-4-23; IC 25-8-4-24;
IC 25-8-4-25; IC 25-8-4-26; IC 25-8-6.1; IC 25-8-6.2; IC 25-8-16.
SOURCE: ; (07)CC182104.95. -->
SECTION 95. [EFFECTIVE JULY 1, 2007]
(a) The definitions in
IC 25-35.6-1-2 apply throughout this SECTION.
(b) Notwithstanding IC 25-35.6, as amended by this act,
concerning issuance of a license, the Indiana professional licensing
agency shall issue a license in speech-language pathology as
follows:
(1) To each individual who applies for licensure and meets all
the following qualifications:
(A) Holds a license in speech and hearing therapy issued by
the division of professional standards established within
the department of education by IC 20-28-2-1.5 (referred to
as "the division of professional standards" in this
SECTION).
(B) Has a master's degree in speech-language pathology or
a related discipline.
(C) Has been employed as a speech-language pathologist
for at least nine (9) months in the last five (5) years.
(2) To each individual who applies for licensure and meets all
the following qualifications:
(A) Holds a life license in speech-language pathology issued
by the division of professional standards.
(B) Has:
(i) been employed as a speech-language pathologist for at
least nine (9) months in the last five (5) years; or
(ii) taken at least thirty-six (36) hours of continuing
education approved by the division of professional
standards or the Indiana professional licensing agency
after December 31, 2004, and before December 31, 2010.
(c) This SECTION expires January 1, 2011.
SOURCE: ; (07)CC182104.96. -->
SECTION 96. [EFFECTIVE JULY 1, 2007] (a) If an individual is
certified as an occupational therapist under IC 25-23.5 on June 30,
2007, the individual is considered to be a licensed occupational
therapist under IC 25-23.5, as amended by this act, on July 1, 2007.
The license of an individual described in this subsection expires on
the date the individual's certification that the license is replacing
would have expired if this act had not been enacted.
(b) The occupational therapy committee established by
IC 25-23.5-2-1 shall issue a license under IC 25-23.5-5-6, as
amended by this act, to an individual described in subsection (a).
However, the occupational therapy committee and the Indiana
professional licensing agency are not required to issue:
(1) a wall license; or
(2) a pocket license;
to an individual described in subsection (a) until the license
renewal period beginning November 1, 2008.
(c) The medical licensing board of Indiana may adopt
temporary rules in the manner provided for emergency rule
adoption under IC 4-22-2-37.1 to implement IC 25-23.5, as
amended by this act. A temporary rule adopted under this
subsection expires on the earliest of the following:
(1) The date that the temporary rule is superseded by another
temporary rule adopted under this subsection.
(2) The date that the temporary rule is superseded by a rule
adopted under IC 4-22-2.
(3) The date specified in the temporary rule.
(4) July 1, 2009.
(d) This SECTION expires July 1, 2010.
SOURCE: ; (07)CC182104.97. -->
SECTION 97. [EFFECTIVE JULY 1, 2007]
(a) This SECTION
applies only to a person who is employed with a home health
agency or a personal services agency on June 30, 2007, to provide
services in a patient's or client's temporary or permanent
residence.
(b) The definitions under IC 16-27-2 apply throughout this
SECTION.
(c) Notwithstanding IC 10-13-3-39 and IC 16-27-2-4, both as
amended by this act, a home health agency or personal services
agency is not required to apply for a determination concerning the
national criminal history background check of a person to whom
this SECTION applies until July 1, 2008.
(d) Notwithstanding IC 16-27-2-5, as amended by this act, a
home health agency or personal services agency may employ a
person to whom this SECTION applies to provide services in a
patient's or client's temporary or permanent residence for more
than twenty-one (21) days without receipt of the determination
concerning the person's national criminal history background
check. However, a home health agency or personal services agency
may not employ a person to whom this SECTION applies to
provide services in a patient's or client's temporary or permanent
residence for more than twenty-one (21) days after July 1, 2008,
unless either the state police department or the Federal Bureau of
Investigation under IC 10-13-3-39 is responsible for failing to
provide the determination of the person's national criminal history
background check to the home health agency or personal services
agency within the time required under this subsection.
(e) This SECTION expires December 31, 2008.
(Reference is to EHB 1821 as reprinted April 11, 2007.)
Conference Committee Report
on
Engrossed House
Bill 1821
Text Box
S
igned by:
____________________________ ____________________________
Representative Klinker Senator Miller
Chairperson
____________________________ ____________________________
Representative Frizzell Senator Rogers
House Conferees Senate Conferees