Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is
being amended, the text of the existing provision will appear in this style type, additions
will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that
adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles
conflicts between statutes enacted by the 2007 Regular Session of the General Assembly.
AN ACT to amend the Indiana Code concerning health and professions and
occupations.
Be it enacted by the General Assembly of the State of Indiana:
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).
(IC 25-38.1).
(37) State board of massage therapy (IC 25-21.8-2-1).
(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registration that has been revoked or suspended.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.
without further action by the board.
(d) If an individual holds a certificate that has been invalid for
not more than three (3) years, the board shall reinstate the
certificate if the individual meets the requirements of
IC 25-1-8-6(c).
(e) If more than three (3) years have elapsed since the date a
certificate expired, the individual who holds the certificate may
seek reinstatement of the certificate by satisfying the requirements
for reinstatement under IC 25-1-8-6(d).
SECTION 6. IC 25-2.1-4-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 4. (a) The board shall
issue a CPA certificate to a holder of a certificate issued by another
state if the holder meets the requirements under subsection (b) or (c).
(b) With regard to applicants who do not qualify for reciprocity
under the substantial equivalency standard set forth in section 10(a)(2)
of this chapter, the board shall issue a CPA certificate to a holder of a
certificate issued by another state upon a showing that:
(1) the applicant has:
(A) passed the examination required for issuance of the
applicant's certificate; and
(B) the applicant:
(i) had four (4) years of experience in Indiana or another
state of the type described in IC 25-2.1-3-10 or meets
equivalent requirements prescribed by the board after
passing the examination on which the applicant's certificate
was based and during the ten (10) years immediately
preceding the applicant's application; and
(ii) if the applicant's certificate was issued by the other state
more than four (4) years before the application for issuance
of an initial certificate under this chapter, fulfilled the
requirements for continuing professional education that
would have been applicable under section 5 of this chapter.
(c) The board shall issue a CPA certificate to a CPA certified by
another state that seeks to establish the individual's principal place of
business in Indiana if the:
(1) individual requests the issuance of a certificate from the board
before establishing the individual's principal place of business in
Indiana; and
(2) board or its designee if the board determines that the
individual's CPA qualifications are substantially equivalent to the
CPA licensure requirements of Indiana.
approval of training under subsection (b).
(d) If an individual's license described in subsection (b)(1), (b)(2),
or (b)(3) is subject to any restrictions as the result of disciplinary action
taken against the individual by the board that regulates the individual's
profession, the same restrictions shall be applied to the individual's
professional's license to practice acupuncture.
(e) An individual's professional's license issued under subsection (b)
shall be suspended if the individual's license described under
subsection (b)(1), (b)(2), or (b)(3) is suspended.
(f) An individual's professional's license issued under subsection (b)
shall be revoked if the individual's license described under subsection
(b)(1), (b)(2), or (b)(3) is revoked.
(g) The practice of acupuncture by an individual issued a
professional's license under subsection (b) is limited to the scope of
practice of the individual's license described in subsection (b)(1),
(b)(2), or (b)(3).
SECTION 8. IC 25-2.5-2-5, AS AMENDED BY P.L.1-2006,
SECTION 419, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 5. (a) A license issued by the board
expires on the date established by the agency under IC 25-1-5-4 in each
even-numbered year.
(b) To renew a license, an acupuncturist must:
(1) pay a renewal fee not later than the expiration date of the
license; and
(2) submit proof of current active licensure in acupuncture by the
National Certification Commission for Acupuncture and Oriental
Medicine.
(c) If an individual fails to pay a renewal fee on or before the
expiration date of a license, the license becomes invalid without
further action by the board.
(d) If an individual holds a license that has been invalid for not
more than three (3) years, the board shall reinstate the license if
the individual meets the requirements of IC 25-1-8-6(c).
(e) If more than three (3) years have elapsed since the date a
license expired, the individual who holds the license may seek
reinstatement of the license by satisfying the requirements for
reinstatement under IC 25-1-8-6(d).
SECTION 9. IC 25-4-1-6, AS AMENDED BY P.L.194-2005,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 6. (a) A person desiring to engage or continue in
the practice of architecture: shall:
certificate of registration renewed at any time within a period of five
(5) years after the registration expired upon:
(1) making application to the board for renewal of the
registration; and
(2) paying a fee required under IC 25-1-8-6.
reinstated by meeting the requirements of IC 25-1-8-6(c).
(c) An architect registered in Indiana who has failed to renew
the architect's certificate of registration for more than five (5)
years may have the certificate of registration reinstated by
satisfying the requirements for reinstatement under IC 25-1-8-6(d).
(c) (d) If any registered architect desires to retire from the practice
of architecture in Indiana, the architect may submit to the board the
architect's verified statement of intention to withdraw from practice.
The statement shall be entered upon the records of the board. During
the period of the architect's retirement, the architect is not liable for any
renewal or restoration fees.
(e) If any retired architect desires to return to the practice of
architecture in Indiana, within a period of the retired architect must
meet the following requirements:
(1) If the certificate of registration has been expired for not
more than five (5) years, from the date that the architect files a
statement under this subsection, the retired architect must:
(1) (A) file with the board a verified statement indicating the
architect's desire to return to the practice of architecture; and
(2) (B) pay a renewal fee equal to the fee set by the board to
renew an unexpired registration under this chapter.
(2) If the certificate of registration has been expired for more
than five (5) years, the retired architect must:
(A) file with the board a verified statement indicating the
architect's desire to return to the practice of architecture;
(B) pay a renewal fee equal to the fee set by the board to
renew an unexpired registration under this chapter; and
(C) complete remediation and additional training
established by the board based on the length of time the
certificate of registration has been expired.
SECTION 14. IC 25-4-2-8.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: Sec. 8.5. (a) Every registered landscape architect who
continues in active practice shall biennially, on or before the date
established by the licensing agency under IC 25-1-6-4, renew the
registered landscape architect's certificate of registration and pay
the required renewal fee.
(b) A landscape architect registered in Indiana who has failed
to renew the landscape architect's certificate of registration for a
period of not more than five (5) years may have the certificate of
registration reinstated by meeting the requirements of
IC 25-1-8-6(c).
(c) A landscape architect registered in Indiana who has failed to
renew the landscape architect's certificate of registration for a
period of more than five (5) years may have the certificate of
registration reinstated by satisfying the requirements for
reinstatement under IC 25-1-8-6(d).
SECTION 15. IC 25-5.1-3-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 5. (a) Except as
provided in subsection (b), an individual whose license has expired
may have the license renewed for not more than reinstated not later
than three (3) years after the date of expiration upon meeting the
requirements under IC 25-1-8-6. IC 25-1-8-6(c).
(b) If an individual's license has been expired for more than three
(3) years, the individual must file a new application.
(b) A license that has been expired for more than three (3) years
may be reinstated if the individual holding the license satisfies the
requirements for reinstatement under IC 25-1-8-6(d).
SECTION 16. IC 25-6.1-3-2, AS AMENDED BY P.L.157-2006,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 2. (a) Every individual, before acting as an
auctioneer, must obtain a license from the commission.
(b) An applicant for a license must:
(1) be at least eighteen (18) years of age;
(2) have completed at least eighty (80) actual hours of auction
instruction from a course provider approved by the commission;
(3) not have a conviction for:
(A) an act which would constitute a ground for disciplinary
sanction under IC 25-1-11; or
(B) a felony that has a direct bearing on the applicant's ability
to practice competently.
(c) Auction instruction required under subsection (b) must provide
the applicant with knowledge of all of the following:
(1) The value of real estate and of various goods commonly
sold at an auction.
(2) Bid calling.
(3) Sale preparation, sale advertising, and sale summary.
certificate at the holder's place of business and shall return the wall
certificate to the commission upon notification by the commission of
the expiration of the holder's license. four (4) years, the holder of the
license may have the license reinstated by satisfying the
requirements for reinstatement under IC 25-1-8-6(d).
(j) (k) The commission may waive the requirement that a
nonresident applicant pass an examination and that the nonresident
submit written statements by two (2) individuals, if the nonresident
applicant:
(1) is licensed to act as an auctioneer in the state of the applicant's
domicile;
(2) submits with the application a duly certified letter of
certification issued by the licensing board of the applicant's
domiciliary state;
(3) is a resident of a state whose licensing requirements are
substantially equal to the requirements of Indiana;
(4) is a resident of a state that grants the same privileges to the
licensees of Indiana; and
(5) includes with the application an irrevocable consent that
actions may be commenced against the applicant. The consent
shall stipulate that service of process or pleadings on the
commission shall be taken and held in all courts as valid and
binding as if service of process had been made upon the applicant
personally within this state. If any process or pleading mentioned
in this subsection is served upon the commission, it shall be by
duplicate copies. One (1) of the duplicate copies shall be filed in
the office of the commission and one (1) shall be immediately
forwarded by the commission by registered or certified mail to the
applicant against whom the process or pleadings are directed.
(k) (l) The commission may enter into a reciprocal agreement with
another state concerning nonresident applicants.
(l) (m) The commission may, for good cause shown, upon the
receipt of an application for a license, issue a temporary permit for such
reasonable period of time, not to exceed one (1) year, as the
commission deems appropriate. A temporary permit has the same
effect as a license and entitles and subjects the permittee to the same
rights and obligations as if the individual had obtained a license.
(m) (n) An applicant for a temporary permit must do the following:
(1) File an examination application.
(2) Pass the examination at one (1) of the next two (2) regularly
scheduled examinations.
expires and becomes invalid without any action taken by the
commission.
(j) The holder of an auction house license that has been expired
for not more than four (4) years may have the license reinstated by
meeting the requirements under IC 25-1-8-6(c).
(k) The holder of an auction house license that has been expired
for more than four (4) years may have the license reinstated by
satisfying the requirements for reinstatement under IC 25-1-8-6(d).
SECTION 18. IC 25-6.1-3-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 4. (a) Every person
other than:
(1) an individual who is a licensed auctioneer; or
(2) an individual who has a licensed auction house;
who is seeking to operate as an auction company must obtain a license
from the commission. Notwithstanding the fact that an individual who
is a licensed auctioneer or an individual who has a licensed auction
house also has an interest in an organization, every organization which
seeks to operate an auction company must obtain a license for that
auction company.
(b) Every such person shall file with the commission a completed
application on the form prescribed by the commission. Each
application shall be accompanied by the license fee prescribed by
section 5 of this chapter and a surcharge described in IC 25-6.1-8-2.
(c) Upon the receipt of a completed application for an initial or
renewal license, the commission shall examine the application and
may verify the information contained therein.
(d) Upon a determination by the commission that an application is
completed and duly verified, the commission shall issue an auction
company license, in such form as it may prescribe, to the applicant.
(e) Auction company licenses shall expire at midnight, February 28,
2004, on a date established by the licensing agency under
IC 25-1-6-4, and every fourth year thereafter. A renewal license with
a term of four (4) years shall be issued if the application is for a
renewal license.
(f) If the holder of an auction company license does not renew
the license by the date established by the licensing agency, the
license expires and becomes invalid without any action taken by the
commission.
(g) The holder of an auction company license that has been
expired for not more than four (4) years may have the license
reinstated by meeting the requirements under IC 25-1-8-6(c).
(h) The holder of an auction company license that has been
expired for more than four (4) years may have the license
reinstated by satisfying the requirements for reinstatement under
IC 25-1-8-6(d).
(f) (i) Any individual who wishes to operate an auction company,
and who is exempt under subsection (a) from obtaining an auction
company license, shall, on February 28, 1978, or on not more than
thirty (30) days before the date on which the individual begins to
operate an auction company, whichever is later, notify the secretary of
the commission, in a writing signed by the individual, that the
individual is operating as an auction company or as more than one (1)
auction company. The individual shall specify in such written
notification the trade or business name, and the address of the principal
place of business, of each auction company which the individual
operates. Whenever an individual to whom this subsection applies shall
discontinue the operation of an auction company theretofore operated
by the individual, or shall change its address or trade or business name,
the individual shall promptly notify the secretary of the commission of
such discontinuance or change, in a writing signed by the individual.
SECTION 19. IC 25-7-6-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 12. (a) A person who
holds a license under this article may apply for renewal of the license.
(b) A license expires on the date established by the licensing
agency under IC 25-1-6-4.
(b) (c) The board shall renew a license if the license holder pays the
fee set forth in IC 25-7-11 established by the board under
IC 25-1-8-2 to renew the license before the license expires.
SECTION 20. IC 25-7-6-14, AS AMENDED BY P.L.157-2006,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 14. (a) The holder of an expired barber license
may be have the license reinstated by payment of the reinstatement
and renewal fees required under IC 25-1-8-2 and IC 25-1-8-6 meeting
the requirements of IC 25-1-8-6(c) within not later than five (5)
years of after the expiration date of the license.
(b) After If more than five (5) years from have elapsed since the
date that a barber license expires expired under this section, chapter,
the person whose license has expired may reinstate the license may be
reinstated only by if the holder of the license satisfies the
requirements for reinstatement under IC 25-1-8-6(d).
(1) applying for reinstatement of the license;
(2) paying the fees set forth under IC 25-7-11 and IC 25-1-8-6;
and
(3) taking the same examination required under IC 25-7-10 for an
applicant for a license to practice as a registered barber.
SECTION 21. IC 25-8-4-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 18. (a) Except as
provided in IC 25-8-9-11, a person who holds a license under this
article may apply for its renewal.
(b) A license expires on a date established by the licensing
agency under IC 25-1-6-4.
SECTION 22. IC 25-8-4-19, AS AMENDED BY P.L.157-2006,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 19. The board shall renew a license if the license
holder pays the fee set forth in IC 25-8-13 established by the board
under IC 25-1-8-2 to renew the license before the license is to expire.
SECTION 23. IC 25-8-4-21, AS AMENDED BY P.L.197-2007,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 21. (a) Except as provided in IC 25-8-9-11, the
board may, upon application, reinstate a license under this chapter
article that has been expired for not more than three (3) years if the
person holding the license meets the requirements of IC 25-1-8-6(c).
(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 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 not more than three (3)
years after the expiration date of the license, unless the person holding
the license meets the requirements for reinstatement under
IC 25-1-8-6(d).
(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.
more than three (3) years if the person holding the license meets the
requirements for reinstatement established under IC 25-1-8-6(c).
(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.
(b) If more than three (3) years have elapsed since the date a
license under this chapter expired, the individual holding the
license may have the license reinstated by satisfying the
requirements for reinstatement under IC 25-1-8-6(d).
SECTION 26. IC 25-10-1-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 6. (a) A license issued
under this chapter is valid until the next renewal date described under
subsection (b).
(b) All licenses issued by the board shall be subject to renewal on
July 1 in each even-numbered year. biennially on a date established
by the licensing agency under IC 25-1-5-4. A renewal license fee
established by the board shall under IC 25-1-8-2 must be paid before
July 1 in each even-numbered year to the board on or before the date
established by the licensing agency, and if not paid on or before that
date, the license expires and becomes invalid without any action taken
by the board. A new license may be issued only upon application and
the payment of a fee established by the board. All licenses shall be
displayed in the office or the place of practice of the licensee.
(c) An individual whose license has been expired for not more
than three (3) years may have the license reinstated upon meeting
the requirements for reinstatement under IC 25-1-8-6(c).
(d) If more than three (3) years have elapsed since the date a
license under this chapter expired, the individual holding the
license may have the license reinstated by satisfying the
requirements for reinstatement under IC 25-1-8-6(d).
(e) A license must be displayed in the office or the place of
practice of the licensee.
(c) (f) Each applicant for renewal shall furnish evidence of
attendance during each preceding licensing year at not less than one (1)
chiropractic educational conference or seminar approved by the board.
The conference or seminar may be conducted by an established
chiropractic organization or college. This requirement does not apply
to the applicant's first licensing year. If an applicant fails to comply
with this subsection, the applicant's license expires and becomes
invalid at midnight of the renewal date and may be reinstated only upon
application and the payment of a fee established by the board and
proper showing to the board that there has been a makeup by the
applicant of the omitted educational work.
(d) (g) Any chiropractor licensed to practice chiropractic in this
state who intends to retire from practice shall notify the board in
writing of the chiropractor's intention to retire and shall surrender the
license to the board. Upon receipt of this notice and license, the board
shall record the fact that the chiropractor is retired and excuse the
person from further payment of license renewal fees and attendance at
license renewal seminars. If any chiropractor surrenders the license to
practice chiropractic in this state, the chiropractor's reinstatement may
be considered by the board on the chiropractor's written request. If any
disciplinary proceedings under this chapter are pending against a
chiropractor, the chiropractor may not surrender the license without the
written approval of the board.
(e) (h) Any chiropractor licensed to practice chiropractic in this
state who intends to become inactive in the practice of chiropractic
shall notify the board in writing that the chiropractor will not maintain
an office or practice chiropractic in Indiana. The board shall then
classify the chiropractor's license as inactive. The renewal fee of the
inactive license is one-half (1/2) of the license renewal fee, and the
chiropractor shall not be required to attend license renewal seminars.
If a chiropractor holding an inactive license intends to maintain an
office or practice chiropractic, the chiropractor shall notify the board
of that intent. The board may reinstate that chiropractor's license upon
notification and receipt of:
(1) an application;
(2) payment of the current renewal fee;
(3) payment of the current reinstatement fee; and
(4) evidence of attendance of one (1) educational conference
approved by the board for each year or portion of a year of
inactive license classification.
(f) (i) The board shall discipline a practitioner of the chiropractic in
accordance with IC 25-1-9.
SECTION 27. IC 25-13-1-8, AS AMENDED BY P.L.1-2006,
SECTION 429, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 8. (a) A license to practice dental
hygiene in Indiana shall be issued to candidates who pass the board's
examinations. The license shall be valid for the remainder of the
renewal period in effect on the date the license was issued.
(b) Prior to the issuance of the license, the applicant shall pay a fee
set by the board under section 5 of this chapter. A license issued by the
board expires on a date specified by the Indiana professional licensing
agency under IC 25-1-5-4(k) of each even-numbered year.
(c) An applicant for license renewal must satisfy the following
conditions:
(1) Pay the renewal fee set by the board under section 5 of this
chapter on or before the renewal date specified by the Indiana
professional licensing agency in each even-numbered year.
(2) Subject to IC 25-1-4-3, provide the board with a sworn
statement signed by the applicant attesting that the applicant has
fulfilled the continuing education requirements under IC 25-13-2.
(3) Be currently certified or successfully complete a course in
basic life support through a program approved by the board. The
board may waive the basic life support requirement for applicants
who show reasonable cause.
(c) (d) If the holder of a license does not renew the license on or
before the renewal date specified by the Indiana professional licensing
agency, the license expires and becomes invalid without any action by
the board.
(d) (e) A license invalidated under subsection (c) subsection (d)
may be reinstated by the board up to in three (3) years or less after
such invalidation upon meeting if the holder of the license meets the
requirements under IC 25-1-8-6. IC 25-1-8-6(c).
(e) (f) If a license remains invalid under subsection (c) subsection
(d) for more than three (3) years, the holder of the invalid license may
obtain a reinstated license if the holder meets the following
requirements:
(1) Meets by meeting the requirements for reinstatement under
IC 25-1-8-6. IC 25-1-8-6(d).
(2) Passes an examination on state and federal laws that are
relevant to the practice of dental hygiene as determined by the
board.
(3) Has been continuously engaged in the practice of dental
hygiene from the date the holder's license was invalidated through
the date the holder applies for reinstatement.
(4) Other than failing to renew the license, has complied with this
chapter and the rules adopted under this chapter during the time
specified under subdivision (3).
(5) Complies with any other requirements established by the
board under subsection (g).
(g) The board may require the holder of an invalid license who files
an application under this subsection to appear before the board and
explain why the holder failed to renew the license.
(f) If the lapse of time in revalidating the license continues beyond
three (3) years, and the holder of the invalid license does not meet the
requirements under subsection (e), the holder of the invalid license
must apply for licensure under section 4 or 17 of this chapter. In
addition, the board may require the holder of the expired license to pay
all past due renewal fees and a penalty fee set by the board under
section 5 of this chapter.
(g) (h) The board may adopt rules under section 5 of this chapter
establishing requirements for the reinstatement of a license that has
been invalidated for more than three (3) years.
(h) (i) The license to practice must be displayed at all times in plain
view of the patients in the office where the holder is engaged in
practice. No person may lawfully practice dental hygiene who does not
possess a license and its current renewal.
(i) (j) Biennial renewals of licenses are subject to the provisions of
IC 25-1-2.
SECTION 28. IC 25-13-2-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 6. (a) A dental
hygienist must complete at least fourteen (14) credit hours in
continuing education courses each license period.
(b) Credit hours may be applied under this section only toward the
credit hour requirement for the license period during which the credit
hours are earned.
(c) During a license period, a dental hygienist may not earn more
than five (5) credit hours toward the requirements under this section for
continuing education courses that relate specifically to the area of
practice management.
(d) Not more than two (2) credit hours for certification programs in
basic life support required under IC 25-13-1-8(b)(3)
IC 25-13-1-8(c)(3) may be applied toward the credit hour requirement
during each license period.
SECTION 29. IC 25-14-1-10, AS AMENDED BY P.L.1-2006,
SECTION 432, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 10. (a) Unless renewed, a license
issued by the board expires on a date specified by the agency under
IC 25-1-5-4(k). An applicant for renewal shall pay the renewal fee set
by the board under section 13 of this chapter on or before the renewal
date specified by the agency.
(b) The license shall be properly displayed at all times in the office
of the person named as the holder of the license, and a person may not
be considered to be in legal practice if the person does not possess the
license and renewal card.
(c) If a holder of a dental license does not secure the renewal card
renew the license on or before the renewal date specified by the
agency, without any action by the board the license together with any
related renewal card is invalidated.
(d) Except as provided in section 27.1 of this chapter, a license
invalidated under subsection (c) may be reinstated by the board up to
in three (3) years or less after its invalidation upon meeting if the
holder of the license meets the requirements under IC 25-1-8-6.
IC 25-1-8-6(c).
(e) Except as provided in section 27.1 of this chapter, if a license
remains invalid under subsection (c) for more than three (3) years, the
holder of the invalid license may obtain a reinstated license if the
holder meets the following requirements:
(1) Meets the by satisfying the requirements for reinstatement
under IC 25-1-8-6. IC 25-1-8-6(d).
(2) Passes an examination on state and federal laws that are
relevant to the practice of dentistry as determined by the board.
(3) Has been continuously engaged in the practice of dentistry
from the date the holder's license was invalidated through the date
the holder applies for reinstatement.
(4) Other than failing to obtain a renewal card, has complied with
this chapter and the rules adopted under this chapter during the
time specified under subdivision (3).
(5) Complies with any other requirements established by the
board under subsection (g).
(f) The board may require the holder of an invalid license who files
an application under this subsection to appear before the board and
explain why the holder failed to renew the license.
(f) If a license remains invalid under subsection (c) for more than
three (3) years and the holder of the invalid license does not meet the
requirements under subsection (e), the holder of the invalid license may
be issued a license only by reapplying for a license under section 3 or
16 of this chapter. In addition, the board may require the holder of the
invalidated license to pay all past due renewal fees and a penalty fee set
by the board under section 13 of this chapter.
(g) The board may adopt rules under section 13 of this chapter
establishing requirements for the reinstatement of a license that has
been invalidated for more than three (3) years. The fee for a duplicate
license to practice as a dentist is subject to IC 25-1-8-2.
(h) Biennial renewal of licenses is subject to IC 25-1-2.
(i) Subject to IC 25-1-4-3, an application for renewal of a license
under this section must contain a sworn statement signed by the
applicant attesting that the applicant has fulfilled the continuing
education requirements under IC 25-14-3.
SECTION 30. IC 25-14.5-6-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 4. (a) A certificate may
be reinstated by the board up to not later than three (3) years after its
expiration if the applicant for reinstatement meets the requirements
under IC 25-1-8-6. IC 25-1-8-6(c).
(b) A certificate that has been expired for more than three (3)
years may be reinstated by the board if the holder of the certificate
satisfies the requirements for reinstatement under IC 25-1-8-6(d).
SECTION 31. IC 25-15-6-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 1. (a) Except as
provided in subsection (b), a license issued under this article expires
on December 31 in either:
(1) the next even-numbered year after it is issued; or
(2) the second even-numbered year after it is issued;
as set by the board. However, the date established by the licensing
agency under IC 25-1-6-4.
(b) A funeral director intern license expires two (2) years after it is
issued by the board.
SECTION 32. IC 25-15-6-4, AS AMENDED BY P.L.157-2006,
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 4. (a) The board shall reinstate the expired license
of: an individual who:
(1) was licensed as a funeral director; or embalmer;
(2) an embalmer;
(3) a funeral director intern; or
(4) a funeral home;
that applies for reinstatement of the funeral director license or
embalmer license within two (2) years or four (4) years not later than
three (3) years of after the date that the license expired as set by the
board;
(3) pays a fee established and meets the requirements for
reinstatement under IC 25-1-8-6; and IC 25-1-8-6(c).
(4) meets the continuing education requirements set by the board.
appointments shall be for terms of four (4) years. All appointments
shall be for four (4) year terms, except that in case of a vacancy prior
to term completion, the appointment shall be for the remainder of the
unexpired term. Any vacancy, either prior to or at term completion,
shall be filled by the governor after consultation with the associations
and societies appropriate to the discipline or professions representative
of the vacancy. In all cases, the appointees shall serve until their
successors are appointed and qualified.
(c) The governor may remove any member of the board other than
the representative of a state agency or institution for misconduct,
incapacity, incompetence, or neglect of duty after the member has been
served with a written statement of charges and has been given an
opportunity to be heard. Designated representatives of the state
agencies or institutions may be removed by the original appointing
authority for any of those causes.
SECTION 34. IC 25-19-1-6, AS AMENDED BY P.L.1-2006,
SECTION 439, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 6. (a) The board shall elect from its
membership annually a chairman, vice chairman and secretary
chairperson and vice chairperson and shall adopt rules to govern its
proceedings.
(b) Each member of the board who is not a state employee 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 department of administration and approved by the
state budget agency.
(c) The Indiana professional licensing agency shall supply necessary
personnel to assist the board in the performance of its duties.
(b) Eight (8) (d) Seven (7) members of the board including three (3)
members who are health facility administrators and one (1) member
who is an officer of the board, constitute a quorum for consideration of
all matters before the board. A majority vote of the quorum is required
for action of the board.
SECTION 35. IC 25-19-1-9, AS AMENDED BY P.L.1-2006,
SECTION 440, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 9. (a) Every holder of a health
facility administrator's license shall renew it biennially, on or before
August 31 of even-numbered years by making an application to the
board. the license on the date established by the licensing agency
under IC 25-1-5-4. The renewals shall be granted as a matter of
course, unless the board finds, after due notice and hearing, that the
applicant has acted or failed to act in a manner or under circumstances
that would constitute grounds for nonrenewal, suspension, or
revocation of a license.
(b) A health facility administrator's license expires at midnight on
the renewal date specified by the Indiana professional licensing agency.
Failure to renew a license on or before the renewal date automatically
renders the license invalid.
(c) A person who fails to renew a license before it expires and
becomes invalid at midnight of the renewal date shall be reinstated by
the board upon meeting if the person applies for reinstatement not
later than three (3) years after the expiration of the license and
meets the requirements under IC 25-1-8-6. IC 25-1-8-6(c).
(d) However, The board may reinstate a person who fails to apply
applies to reinstate a license under this section within more than three
(3) years after the date the license expires and becomes invalid shall be
issued a license by meeting if the person applies to the board for
reinstatement and meets the requirements for reinstatement
established by the board under IC 25-1-8-6. IC 25-1-8-6(d).
(d) (e) The board may require an applicant under subsection (c)
subsection (d) to appear before the board to explain the applicant's
failure to renew.
SECTION 36. IC 25-20-1-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 12. (a) The board
committee shall issue hearing aid dealer certificates of registration
which that expire on June 30 of each even-numbered year. biennially
on the date established by the licensing agency under IC 25-1-5-4.
To renew a hearing aid dealer certificate of registration, the holder of
the certificate must pay a renewal fee set by the board committee on
or before June 30 of each even-numbered year. the date established
by the licensing agency.
(b) If the holder of a certificate does not renew the holder's hearing
aid dealer certificate of registration on or before June 30 of an
even-numbered year, the date established by the licensing agency,
the certificate expires without any action taken by the board.
(c) A holder of a hearing aid dealer certificate of registration that
expires under this section shall may have the certificate reinstated by
the board committee if, not later than three (3) years after the
license expires, the holder meets the requirements under IC 25-1-8-6.
IC 25-1-8-6(c).
the board may require full-scale assessments, engagement in
formal training programs, supervised practice arrangements,
formal testing, or other proof of competence.
(d) An applicant under this section shall develop an
individualized practice reentry program subject to the approval of
the board.
(e) The duration of a provisional license shall be determined by
the board and reviewed at least annually by the board.
(f) When an applicant has demonstrated to the board that the
applicant has satisfactorily met the terms of the individualized
practice reentry program, the applicant shall be released from
terms of the provisional license and is entitled to hold an unlimited
license under IC 25-22.5-3-1.
(g) A provisional license is a nonrestricted license, and the
issuance of a provisional license issued under this section may not
be construed as a disciplinary action taken by the board.
(h) The board may take disciplinary action against an applicant
who holds a provisional license if, after a hearing, the board finds
any of the following:
(1) Failure to comply with any term of the provisional license.
(2) Receipt of evidence from an appointed supervisor or
workplace monitor that the holder of the provisional license
has failed to make satisfactory progress or successfully
complete the requirements of the provisional license.
(3) Receipt of evidence from an appointed supervisor or
workplace monitor that the holder of the provisional license
has failed to incorporate learned knowledge and skills into the
holder's practice or has continued to demonstrate the same
practice deficiency that led to the issuance of the provisional
license.
(4) A violation of IC 25-1-9.
(i) The holder of a provisional license may petition the board for
modification, withdrawal, or retirement of the provisional license.
SECTION 42. IC 25-22.5-7-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 1. (a) A license issued
under this article expires on June 30 of each odd-numbered year.
Before June 30 of an odd-numbered year, biennially on the date
established by the licensing agency under IC 25-1-5-4. On or before
the date established by the licensing agency, an applicant for renewal
shall pay the biennial renewal fee set by the board under
IC 25-22.5-2-7. IC 25-1-8-2.
maintain an office or practice optometry in Indiana. The renewal fee for
an inactive license is one-half (1/2) the license renewal fee set by the
board under section 1 of this chapter.
(f) The holder of an inactive license is not required to fulfill
continuing education requirements set by the board. The board may
issue a license to the holder of an inactive license if the applicant:
(1) pays the renewal fee set by the board under section 1 of this
chapter;
(2) pays the reinstatement fee set by the board under section 1 of
this chapter; and
(3) subject to IC 25-1-4-3, attests that the applicant obtained the
continuing education required by the board under section 1 of this
chapter for each year, or portion of a year during which the
applicant's license has been classified as inactive.
SECTION 46. IC 25-26-13-14, AS AMENDED BY P.L.98-2006,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 14. (a) A pharmacist's license expires July 1 of
each even-numbered year, biennially on the date established by the
licensing agency under IC 25-1-5-4, unless renewed before that date.
(b) If an application for renewal is not filed and the required fee
paid before July 1 of each even-numbered year, the established
biennial renewal date, the license expires and becomes invalid and
may be reinstated only by meeting the requirements under IC 25-1-8-6.
without any action taken by the board.
(c) Subject to IC 25-1-4-3, a statement attesting that the pharmacist
has met the continuing education requirements shall be submitted with
the application for license renewal.
(d) If a pharmacist surrenders the pharmacist's license to practice
pharmacy in Indiana, the board may subsequently consider
reinstatement of the pharmacist's license upon written request of the
pharmacist. The board may impose any conditions it considers
appropriate to the surrender or to the reinstatement of a surrendered
license. The practitioner may not voluntarily surrender the
practitioner's license to the board without the written consent of the
board if any disciplinary proceedings are pending against the
practitioner under this chapter or IC 25-1-9.
(e) If a person fails to renew a license that expires under subsection
(a) within license has been expired for not more than three (3) years,
after the date the license expires, the board may reinstate the license
only if the person
(1) meets the requirements under IC 25-1-8-6; IC 25-1-8-6(c).
and
(2) passes an examination concerning state and federal laws that
the board considers relevant to the practice of pharmacy.
(f) If a license has been expired for more than three (3) years,
the license may be reinstated by the board if the holder of the
license meets the requirements for reinstatement under
IC 25-1-8-6(d).
(f) (g) The board may require a person who applies for a license
under subsection (e) to appear before the board and explain the reason
the person failed to renew the person's license.
(g) If a person fails to renew a license that expires under subsection
(a) within seven (7) years after the date the license expires, the person
must apply for a new license.
SECTION 47. IC 25-26-13-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 22. (a) A pharmacy
permit shall expire on December 31 of the odd-numbered year next
succeeding the date of issuance. biennially on a date established by
the agency under IC 25-1-5-4.
(b) If an application for renewal has not been filed and the required
fee paid by January 1 following the date of expiration, the a pharmacy
permit shall lapse and lapses for not more than three (3) years, it
may be reinstated only by paying the lapsed permit fee and the
appropriate permit fee. by the board if the holder of the permit
meets the requirements established under IC 25-1-8-6(c).
(c) If a pharmacy permit has been expired for more than three
(3) years, the permit may be reinstated by the board if the holder
of the permit meets the requirements for reinstatement under
IC 25-1-8-6(d).
(c) (d) No pharmacy may be open for business after December 31
of the renewal year, until the renewal is perfected. the established
biennial renewal date until the permit is reinstated.
SECTION 48. IC 25-26-17-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2009]: Sec. 4.5. A nonresident
pharmacy that dispenses more than twenty-five percent (25%) of
the pharmacy's total prescription volume as a result of an original
prescription order received or solicited through the Internet:
(1) must be accredited:
(A) through the National Association of Boards of
Pharmacy's Verified Internet Pharmacy Practice Sites
(VIPPS); or
(B) under a program that is substantially similar to the
program under clause (A) and that has been approved by
the board; and
(2) shall obtain and display a seal of approval for:
(A) the National Association of Boards of Pharmacy; or
(B) the substantially similar program described in
subdivision (1)(B);
anywhere that the nonresident pharmacy advertises.
SECTION 49. IC 25-26-17-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 5. The board may
deny, revoke, or suspend the registration of a nonresident pharmacy
for:
(1) failing to comply with sections 3, 4, 4.5, and 6 of this chapter;
or
(2) conduct that causes serious bodily or psychological harm to a
customer who lives in Indiana or purchased drugs from the
nonresident pharmacy while in Indiana, if the board reports the
matter to the pharmacy regulatory or licensing agency in the state
in which the nonresident pharmacy is located.
SECTION 50. IC 25-26-21-2, AS ADDED BY P.L.122-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 2. (a) As used in this chapter, "home medical
equipment" means technologically sophisticated medical devices that
may be used in a residence, including the following:
(1) Oxygen and oxygen delivery systems.
(2) Ventilators.
(3) Respiratory disease management devices.
(4) Continuous positive airway pressure (CPAP) devices.
(5) Electronic and computerized wheelchairs and seating systems.
(6) Apnea monitors.
(7) Transcutaneous electrical nerve stimulator (TENS) units.
(8) Low air loss cutaneous pressure management devices.
(9) Sequential compression devices.
(10) Feeding pumps.
(11) Home phototherapy devices.
(12) Infusion delivery devices.
(13) Distribution of medical gases to end users for human
consumption.
(14) Hospital beds.
(15) Nebulizers.
(16) Other similar equipment determined by the board in rules
adopted under section 7 of this chapter. equipment that:
(1) is prescribed by a health care provider;
(2) sustains, restores, or supplants a vital bodily function; and
(3) is technologically sophisticated and requires individualized
adjustment or regular maintenance.
(b) The term does not include the following:
(1) Walkers.
(2) Ambulatory aids.
(3) Commodes.
(4) Any other home medical equipment determined by the
board in rules adopted under section 7 of this chapter.
SECTION 51. IC 25-26-21-3, AS ADDED BY P.L.122-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 3. As used in this chapter, "home medical
equipment services" means the:
(1) sale, rental, delivery, or installation; and
(2) rental;
(3) delivery;
(4) installation;
(5) (2) installation, maintenance, or replacement, or and
instruction in the use;
(6) instruction in the use;
of medical equipment used by an individual that allows the individual
to reside in a noninstitutional environment.
SECTION 52. IC 25-26-21-7, AS ADDED BY P.L.122-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 7. (a) The board may adopt rules under IC 4-22-2
to do the following:
(1) Specify home medical equipment in addition to the home
medical equipment set forth in section 2 of this chapter that is or
is not to be regulated under this chapter.
(2) Set standards for the licensure of providers.
(3) Govern the safety and quality of home medical equipment
services that are provided to customers.
(4) Specify the amount of insurance coverage required under
section 6(b)(3) of this chapter.
(5) Set reasonable fees for the application, issuance, and renewal
of a license under this chapter and set other fees permitted under
IC 25-1-8.
(b) The board may consult with individuals engaged in the home
medical equipment services business to advise the board on the
formulation of rules under subsection (a). The individuals may not be
compensated or reimbursed for mileage by the board.
SECTION 53. IC 25-26-21-8, AS AMENDED BY P.L.98-2006,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 8. (a) After June 30, 2006, A provider must be
licensed by the board before the provider may provide home medical
equipment services. If a provider provides home medical equipment
services from more than one (1) location in Indiana, the provider must
obtain a license under this chapter for each location.
(b) An applicant shall submit the application to the board on a form
adopted by the board. The nonrefundable application fee set by the
board must be submitted with the application. The fee must be
deposited in the state general fund.
(c) If the board determines that the applicant:
(1) meets the standards set forth by the board; and
(2) has satisfied the requirements under this chapter and the
requirements established by the board by rule;
the board shall notify the applicant in writing that the license is being
issued to the applicant. The license is effective on the applicant's
receipt of the written notification.
(d) A license issued under this chapter is effective for not more than
two (2) years, beginning on a date determined by the board. expires
biennially on a date established by the agency under IC 25-1-5-4.
An entity that is licensed under this chapter shall display the license or
a copy of the license on the licensed premises.
(e) The board may renew a license every two (2) years.
(e) A license lapses without any action by the board if an
application for renewal has not been filed and the required fee has
not been paid by the established biennial renewal date.
(f) If a license under this chapter has been expired for not more
than three (3) years, the license may be reinstated by the board if
the holder of the license meets the requirements of IC 25-1-8-6(c).
(g) If a license under this chapter has been expired for more
than three (3) years, the license may be reinstated by the board if
the holder of the license meets the requirements for reinstatement
under IC 25-1-8-6(d).
(f) (h) The board may adopt rules that permit an out-of-state
provider to obtain a license on the basis of reciprocity if:
(1) the out-of-state provider possesses a valid license granted by
another state;
(2) the legal standards for licensure in the other state are
comparable to the standards under this chapter; and
(3) the other state extends reciprocity to providers licensed in
Indiana.
However, if the requirements for licensure under this chapter are more
restrictive than the standards of the other state, the out-of-state provider
must comply with the additional requirements of this chapter to obtain
a reciprocal license under this chapter.
SECTION 54. IC 25-27.5-6-8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 8. (a) This section applies to a
physician assistant:
(1) licensed in Indiana or licensed or authorized to practice in
any other state or territory of the United States; or
(2) credentialed as a physician assistant by a federal
employer.
(b) As used in this section, "emergency" means an event or a
condition that is an emergency, a disaster, or a public health
emergency under IC 10-14.
(c) A physician assistant who responds to a need for medical
care created by an emergency may render care that the physician
assistant is able to provide without the supervision required under
this chapter, but with such supervision as is available.
(d) A physician who supervises a physician assistant providing
medical care in response to an emergency is not required to meet
the requirements under this chapter for a supervising physician.
SECTION 55. IC 25-28.5-1-22, AS AMENDED BY P.L.194-2005,
SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 22. (a) Every license or certificate of registration
issued under this chapter expires on a date established by the licensing
agency under IC 25-1-6-4 and shall be renewed biennially thereafter
upon payment of the required renewal fees.
(b) Applications for renewal shall be filed with the commission in
the form and manner provided by the commission. The application
shall be accompanied by the required renewal fee. The commission,
upon the receipt of the application for renewal and the required renewal
fee, shall issue to the renewal applicant a license or certificate of
registration in the category said applicant has previously held. Unless
a license is renewed, a license issued by the commission expires on the
date specified by the licensing agency under IC 25-1-6-4.
(c) A license or certificate of registration lapses without any
action by the commission if an application for renewal has not been
filed and the required fee has not been paid by the established
biennial renewal date.
(d) If a license or certificate of registration has been expired for
not more than three (3) years, the license or certificate of
registration may be reinstated by the commission if the holder of
the license or certificate of registration meets the requirements of
IC 25-1-8-6(c).
(e) If a license or certificate of registration has been expired for
more than three (3) years, the license or certificate of registration
may be reinstated by the commission if the holder of the license or
certificate of registration meets the requirements for reinstatement
under IC 25-1-8-6(d).
SECTION 56. IC 25-29-6-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 3. (a) The failure on the
part of a podiatrist to renew a license as required does not deprive the
individual of the right of renewal until of the individual's license. has
remained invalid for four (4) consecutive years.
(b) The board may issue a renewed reinstate a license to a
podiatrist who has not renewed the individual's license within not later
than four (4) years after the expiration if the individual
(1) passes an examination established by the board;
(2) pays a fee; and
(3) meets other conditions the board may establish.
meets the requirements under IC 25-1-8-6(c).
(c) If a license has been expired for more than four (4) years, the
license may be reinstated by the board if the holder of the license
meets the requirements for reinstatement under IC 25-1-8-6(d).
SECTION 57. IC 25-30-1-16, AS AMENDED BY P.L.185-2007,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 16. (a) Unless a license is renewed, a license
issued under this chapter expires on a date specified by the licensing
agency under IC 25-1-6-4 and expires every four (4) years after the
initial expiration date. An applicant for renewal shall pay the renewal
fee established by the board under IC 25-1-8-2 on or before the renewal
date specified by the licensing agency.
(b) If the holder of a license does not renew the license by the date
specified by the licensing agency, the license expires and becomes
invalid without any action taken by the board.
(c) If a license has been expired for not more than three (3)
years, the license may be reinstated not later than thirty (30) days after
the expiration of the license if the applicant does the following:
expires and becomes invalid without the board taking any action.
(c) The failure on the part of a registrant to renew a certificate does
not deprive the registrant of the right of renewal. until the registrant's
certificate has remained invalid during two (2) biennial renewal periods
if the registrant pays the appropriate delinquent and renewal fees. After
two (2) successive biennial renewal periods have elapsed renewal shall
be denied.
(d) If a certificate has been expired for not more than three (3)
years, the certificate may be reinstated by the board if the holder
of the certificate meets the requirements for reinstatement under
IC 25-1-8-6(c).
(e) If a certificate has been expired for more than three (3)
years, the certificate may be reinstated by the board if the holder
of the certificate meets the requirements for reinstatement under
IC 25-1-8-6(d).
SECTION 60. IC 25-32-1-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 13. (a) The board shall
prescribe and provide an application form for the use of all applicants
for registration. The applicant shall deposit a fee in an amount set by
the board at the time of making application for registration.
(b) All certificates of registration issued by the board expire in each
odd-numbered year on July 31. biennially on the date established by
the licensing agency under IC 25-1-5-4. A renewal fee specified by
the board by rule must be paid biennially on or before July 31 of each
odd-numbered year. the date established by the licensing agency. If
the renewal fee is not paid on or before July 31 of each odd-numbered
year, the date established by the licensing agency, the certificate of
registration expires and becomes invalid without further action by the
board. A certificate of registration that expires and becomes invalid
under this subsection may be reinstated by the board up to three (3)
years after the invalidation has been expired for not more than three
(3) years may be reinstated by the board if the holder of the invalid
certificate pays: meets the requirements under IC 25-1-8-6(c).
(1) the penalty fee set by the board; and
(2) the renewal fee for the biennium.
(c) A registration expired in excess of three (3) years is not eligible
for renewal. If more than three (3) years have elapsed since the
expiration of the registration, an environmental health specialist must:
(1) submit a new application;
(2) submit all appropriate application fees; and
(3) meet all requirements of this chapter.
certifying principal broker.
(d) (c) A salesperson shall:
(1) act under the auspices of the principal broker responsible for
that salesperson's conduct under this article;
(2) be associated with only one (1) principal broker;
(3) maintain evidence of licensure in the office, branch office, or
sales outlet of the principal broker;
(4) advertise only in the name of the principal broker, with the
principal broker's name in letters of advertising larger than that of
the salesperson's name; and
(5) not maintain any real estate office apart from that office
provided by the principal broker.
(e) (d) Upon termination of a salesperson's association with a
principal broker, the salesperson's license shall be returned to the
commission within five (5) business days. The commission shall
reissue the license to any principal broker whose certification, as
prescribed in subsection (a)(5), is filed with the commission, and the
commission shall issue a new identification card to the salesperson
reflecting that change.
(f) (e) Unless a license is renewed, a salesperson license expires on
a date specified by the licensing agency under IC 25-1-6-4 and expires
biennially after the initial expiration date. An applicant for renewal
shall submit an application in the manner prescribed by the board and
pay the renewal fee established by the board under IC 25-1-8-2 on or
before the renewal date specified by the licensing agency. If the holder
of a license does not renew the license by the date specified by the
licensing agency, the license expires and becomes invalid without the
board taking any action.
(f) If a salesperson the holder of a license under this section fails
to reinstate a renew the license on or before the date specified by the
licensing agency, the license may be reinstated by the commission
within eighteen (18) months after expiration a if the holder of the
license, may not be issued unless that salesperson again complies with
the requirements of subsection (a)(3), (a)(4), and (a)(5). not later than
three (3) years after the expiration of the license, meets the
requirements of IC 25-1-8-6(c).
(g) If a license under this section has been expired for more than
three (3) years, the license may be reinstated by the commission if
the holder meets the requirements for reinstatement under
IC 25-1-8-6(d).
(g) (h) A salesperson license may be issued to an individual who is
not yet associated with a principal broker but who otherwise meets the
requirements of subsection (a). A license issued under this subsection
shall be held by the commission in an unassigned status until the date
the individual submits the certification of a principal broker required
by subsection (a)(5). If the individual does not submit the application
for licensure within one (1) year after passing the commission
examination, the commission shall void the application and may not
issue a license to that applicant unless the applicant again complies
with the requirements of subsection (a)(4) through (a)(5).
(h) (i) If an individual holding a salesperson license is not
associated with a principal broker for two (2) successive renewal
periods, the commission shall notify the individual in writing that the
individual's license will become void if the individual does not
associate with a principal broker within thirty (30) days from the date
the notification is mailed. A void license may not be renewed.
SECTION 63. IC 25-34.1-3-4.1, AS AMENDED BY P.L.157-2006,
SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 4.1. (a) To obtain a broker license, an individual
must:
(1) be at least eighteen (18) years of age before applying for a
license and must not have a conviction for:
(A) an act that would constitute a ground for disciplinary
sanction under IC 25-1-11;
(B) a crime that has a direct bearing on the individual's ability
to practice competently; or
(C) a crime that indicates the individual has the propensity to
endanger the public;
(2) have satisfied section 3.1(a)(2) of this chapter and have had
continuous active experience for one (1) year immediately
preceding the application as a licensed salesperson in Indiana.
However, this one (1) year experience requirement may be
waived by the commission upon a finding of equivalent
experience;
(3) have successfully completed an approved broker course of
study as prescribed in IC 25-34.1-5-5(b);
(4) apply for a license by submitting the application fee
prescribed by the commission and an application specifying the
name, address, and age of the applicant, the name under which
the applicant intends to conduct business, the address where the
business is to be conducted, proof of compliance with
subdivisions (2) and (3), and any other information the
commission requires;
(5) pass a written examination prepared and administered by the
commission or its duly appointed agent; and
(6) within one (1) year after passing the commission examination,
submit the license fee established by the commission under
IC 25-1-8-2. If an individual applicant fails to file a timely license
fee, the commission shall void the application and may not issue
a license to that applicant unless that applicant again complies
with the requirements of subdivisions (4) and (5) and this
subdivision.
(b) To obtain a broker license, a partnership must:
(1) have as partners only individuals who are licensed brokers;
(2) have at least one (1) partner who:
(A) is a resident of Indiana; or
(B) is a principal broker under IC 25-34.1-4-3(b);
(3) cause each employee of the partnership who acts as a broker
or salesperson to be licensed; and
(4) submit the license fee established by the commission under
IC 25-1-8-2 and an application setting forth the name and
residence address of each partner and the information prescribed
in subsection (a)(4).
(c) To obtain a broker license, a corporation must:
(1) have a licensed broker:
(A) residing in Indiana who is either an officer of the
corporation or, if no officer resides in Indiana, the highest
ranking corporate employee in Indiana with authority to bind
the corporation in real estate transactions; or
(B) who is a principal broker under IC 25-34.1-4-3(b);
(2) cause each employee of the corporation who acts as a broker
or salesperson to be licensed; and
(3) submit the license fee established by the commission under
IC 25-1-8-2, an application setting forth the name and residence
address of each officer and the information prescribed in
subsection (a)(4), a copy of the certificate of incorporation, and a
certificate of good standing of the corporation issued by the
secretary of state.
(d) To obtain a broker license, a limited liability company must:
(1) if a member-managed limited liability company:
(A) have as members only individuals who are licensed
brokers; and
(B) have at least one (1) member who is:
date of the notice of passing the examination or the date a license is
issued.
(h) (g) Unless the license is renewed, a broker license expires, for
individuals, on a date specified by the licensing agency under
IC 25-1-6-4 and expires biennially after the initial expiration date. An
applicant for renewal shall submit an application in the manner
prescribed by the board and pay the renewal fee established by the
commission under IC 25-1-8-2 on or before the renewal date specified
by the licensing agency. If the holder of a license does not renew the
license by the date specified by the licensing agency, the license
expires and becomes invalid without the board taking any action.
(h) If a broker the holder of a license under this section fails to
reinstate a renew the license on or before the date specified by the
licensing agency, the license within eighteen (18) months may be
reinstated by the commission after expiration a if the holder of the
license, may not be issued unless the broker again complies with the
requirements of subsection (a)(4), (a)(5), and (a)(6). not later than
three (3) years after the expiration of the license, meets the
requirements of IC 25-1-8-6(c).
(i) If a license under this section has been expired for more than
three (3) years, the license may be reinstated by the commission if
the holder meets the requirements for reinstatement under
IC 25-1-8-6(d).
(i) (j) A partnership, corporation, or limited liability company may
not be a broker-salesperson except as authorized in IC 23-1.5. An
individual broker who associates as a broker-salesperson with a
principal broker shall immediately notify the commission of the name
and business address of the principal broker and of any changes of
principal broker that may occur. The commission shall then change the
address of the broker-salesperson on its records to that of the principal
broker.
SECTION 64. IC 25-35.6-3-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 6. (a) Licenses issued
under this article expire, if not renewed, before January 1 of each
even-numbered year. on the date established by the licensing agency
under IC 25-1-5-4.
(b) Every person licensed under this article shall pay a fee for
renewal of the person's license before January 1 of each
even-numbered year. The board may reinstate a lapsed license upon the
person's meeting the requirements under IC 25-1-8-6. No person who
requests reinstatement of the person's license, whose license has
expired, shall be required to submit to examination as a condition to
reinstatement, if the application for reinstatement is made within three
(3) years from the date of the expiration. the date established by the
licensing agency.
(c) If the holder of a license fails to renew the license on or
before the date specified by the licensing agency, the license may be
reinstated by the board if the holder of the license, not later than
three (3) years after the expiration of the license, meets the
requirements of IC 25-1-8-6(c).
(d) If a license has been expired for more than three (3) years,
the license may be reinstated by the board if the holder meets the
requirements for reinstatement under IC 25-1-8-6(d).
(c) (e) A suspended license is subject to expiration and may be
renewed or reinstated as provided in this section, but a renewal or
reinstatement shall not entitle the licensee, while the license remains
suspended and until it is reinstated, to engage in the licensed activity,
or in any other conduct or activity in violation of the order or judgment
by which the license was suspended.
(d) Any person who fails to renew the person's license within three
(3) years after the date of its expiration may not renew it, and it may not
be subsequently restored, reissued, or reinstated, but the person may
apply for and obtain a new license if the person meets the requirements
of this article.
SECTION 65. IC 35-48-7-2.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2009]: Sec. 2.9. (a) As used in this
chapter, "dispense" has the meaning set forth in IC 35-48-1-12.
(b) The term does not apply to the following:
(1) A drug administered directly to a patient.
(2) A drug dispensed by a practitioner, if the quantity
dispensed is not more than a seventy-two (72) hour supply of
a controlled substance listed in schedule II, III, IV, or V as set
forth in IC 35-48-3-9.
SECTION 66. IC 35-48-7-3 IS REPEALED [EFFECTIVE
JANUARY 1, 2009].
SECTION 67. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2008]: IC 25-7-6-13; IC 25-7-6-15; IC 25-8-2-3.5;
IC 25-8-2-17; IC 25-8-4-20; IC 25-8-4-27; IC 25-8-4-28;
IC 25-14.5-6-5; IC 25-15-6-6; IC 25-21.5-8-5; IC 25-26-13-8.
Date: