SB 86-4_ Filed 04/13/2009, 10:19 Brown T


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    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 86 be amended to read as follows:

SOURCE: Page 8, line 32; (09)MO008613.8. -->     Page 8, line 32, after "any" insert " entity that regulates an occupation or profession under this title, including any".
    Page 9, between lines 37 and 38, begin a new paragraph and insert:
SOURCE: IC 25-1-4-1; (09)MO008613.32. -->     "SECTION 32. IC 25-1-4-1, AS AMENDED BY P.L.2-2008, SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. Notwithstanding any other law, no board or agency regulating a profession or occupation under this title or under IC 16 or IC 22 may require continuing education as a condition of certification, registration, or licensure. unless so specifically authorized or mandated by statute.".
SOURCE: Page 16, line 24; (09)MO008613.16. -->     Page 16, strike lines 24 through 31.
    Page 17, strike lines 3 through 10.
    Page 17, line 11, strike "(5)" and insert " (4)".
    Page 17, line 13, strike "(6)" and insert " (5)".
    Page 18, between lines 1 and 2, begin a new paragraph and insert:
SOURCE: IC 25-13-1-8; (09)MO008613.16. -->     "SECTION 16. IC 25-13-1-8, AS AMENDED BY P.L.105-2008, SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: 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) (2) 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.
    (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.
    (e) A license invalidated under subsection (d) may be reinstated by the board in three (3) years or less after such invalidation if the holder of the license meets the requirements under IC 25-1-8-6(c).
    (f) If a license remains invalid under subsection (d) for more than three (3) years, the holder of the invalid license may obtain a reinstated license by meeting the requirements for reinstatement under IC 25-1-8-6(d).
    (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.
    (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.
    (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.
    (j) Biennial renewals of licenses are subject to the provisions of IC 25-1-2.

SOURCE: IC 25-14-1-10; (09)MO008613.17. -->     SECTION 17. IC 25-14-1-10, AS AMENDED BY P.L.105-2008, SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: 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 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 in three (3) years or less after its invalidation if the holder of the license meets the requirements under 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 by satisfying the requirements for reinstatement under IC 25-1-8-6(d).
    (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.
    (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.

SOURCE: IC 25-20.2-3-8; (09)MO008613.18. -->     SECTION 18. IC 25-20.2-3-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. The board shall:
        (1) administer and enforce this article;
        (2) adopt rules under IC 4-22-2 that are reasonably necessary or appropriate for the administration and enforcement of this article;
        (3) prescribe the requirements for and the form of licenses, applications, and other documents that are required by this article;
        (4) grant, deny, suspend, and revoke approval of examinations and courses of study;
        (5) issue, deny, suspend, and revoke licenses in accordance with this article;
        (6) in accordance with IC 25-1-7, investigate complaints concerning licensees or persons the board has reason to believe should be licensees, including complaints concerning failure to comply with this article or rules adopted under this article, and, when appropriate, take action under IC 25-20.2-8;
        (7) bring actions in the name of the state in an appropriate circuit court in order to enforce compliance with this article or rules adopted under this article;
        (8) establish fees in accordance with IC 25-1-8;
        (9) inspect the records of a licensee in accordance with rules

adopted by the board;
        (10) conduct or designate a member or other representative to conduct public hearings on any matter for which a hearing is required under this article and exercise all powers granted under IC 4-21.5;
        (11) adopt a seal containing the words "Indiana Home Inspectors Licensing Board" and, through the board's secretary, certify copies and authenticate all acts of the board;
        (12) in accordance with IC 25-1-6:
            (A) use counsel, consultants, and other persons;
            (B) enter into contracts; and
            (C) authorize expenditures;
        that are reasonably necessary or appropriate to administer and enforce this article and rules adopted under this article;
        (13) establish continuing education requirements for licensed home inspectors in accordance with IC 25-1-4;
        (14) (13) maintain the board's office, files, records, and property in the city of Indianapolis; and
        (15) (14) exercise all other powers specifically conferred on the board by this article.".

SOURCE: Page 22, line 18; (09)MO008613.22. -->     Page 22, between lines 18 and 19, begin a new paragraph and insert:
SOURCE: IC 25-23-1-19.8; (09)MO008613.23. -->     "SECTION 23. IC 25-23-1-19.8, AS AMENDED BY P.L.157-2006, SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 19.8. (a) Before December 31 of an even-numbered year, the Indiana professional licensing agency or the agency's designee shall randomly audit at least one percent (1%) but not more than ten percent (10%) of the practice agreements of advanced practice nurses with authority to prescribe legend drugs under section 19.5 of this chapter to determine whether the practice agreement meets the requirements of this chapter or rules adopted by the board.
    (b) The Indiana professional licensing agency shall establish an audit procedure, which may include the following:
        (1) Requiring the advanced practice nurse to provide the agency with a copy of verification of attendance at or completion of a continuing education course or program the advanced practice nurse attended during the previous two (2) years.
        (2) (1) Requiring the advanced practice nurse and the licensed practitioner who have entered into a practice agreement to submit information on a form prescribed by the agency that must include a sworn statement signed by the advanced practice nurse and the licensed practitioner that the parties are operating within the terms of the practice agreement and the requirements under this chapter or rules adopted by the board.
        (3) (2) Reviewing patient health records and other patient information at the practice location or by requiring the submission

of accurate copies to determine if the parties are operating within the terms of the practice agreement and the requirements under this chapter or rules adopted by the board.
        (4) (3) After a reasonable determination that the advanced practice nurse and the licensed practitioner who have entered into a practice agreement are not operating within the terms of the practice agreement, requiring the parties to appear before the agency or the agency's designee to provide evidence of compliance with the practice agreement.
    (c) Not more than sixty (60) days after the completion of the audit required in subsection (a), the Indiana professional licensing agency shall provide the board with the following:
        (1) A summary of the information obtained in the audit.
        (2) A statement regarding whether an advanced practice nurse and a licensed practitioner who have entered into a practice agreement that is audited under subsection (a) are operating within the terms of the practice agreement.
The agency shall also provide a copy of the information described in this subsection to the board that regulates the licensed practitioner.
    (d) The Indiana professional licensing agency may cause to be served upon the advanced practice nurse an order to show cause to the board as to why the board should not impose disciplinary sanctions under IC 25-1-9-9 on the advanced practice nurse for the advanced practice nurse's failure to comply with:
        (1) an audit conducted under this section; or
        (2) the requirements of a practice agreement under this chapter.
    (e) Except for a violation concerning continuing education requirements under IC 25-1-4, The board shall hold a hearing in accordance with IC 4-21.5 and state the date, time, and location of the hearing in the order served under subsection (d).
    (f) The board that regulates the licensed practitioner may cause to be served upon the licensed practitioner an order to show cause to the board as to why the board should not impose disciplinary sanctions under IC 25-1-9-9 on the licensed practitioner for the licensed practitioner's failure to comply with:
        (1) an audit conducted under this section; or
        (2) the requirements of a practice agreement under this chapter.
    (g) The board that regulates the licensed practitioner shall hold a hearing in accordance with IC 4-21.5 and state the date, time, and location of the hearing in the order served under subsection (f).
    (h) An order to show cause issued under this section must comply with the notice requirements of IC 4-21.5.
    (i) The licensed practitioner may divulge health records and other patient information to the Indiana professional licensing agency or the agency's designee. The licensed practitioner is immune from civil liability for any action based upon release of the patient information

under this section.".

SOURCE: Page 26, line 26; (09)MO008613.26. -->     Page 26, delete lines 26 through 28.
    Page 31, between lines 9 and 10, begin a new paragraph and insert:
SOURCE: IC 25-24-1-14; (09)MO008613.25. -->     "SECTION 25. IC 25-24-1-14, AS AMENDED BY P.L.105-2008, SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 14. (a) In each even-numbered year, the Indiana professional licensing agency shall issue a sixty (60) day notice of expiration and a license renewal application in accordance with IC 25-1-2-6 to each optometrist licensed in Indiana. The application shall be mailed to the last known address of the optometrist.
    (b) The payment of the renewal fee must be made on or before the date established by the licensing agency under IC 25-1-5-4. The applicant's license expires and becomes invalid if the applicant has not paid the renewal fee by the date established by the licensing agency.
    (c) The license shall be reinstated by the board not later than three (3) years after its expiration if the applicant for reinstatement meets the requirements under IC 25-1-8-6(c).
    (d) Reinstatement of an expired license after the expiration of the three (3) year period provided in subsection (c) is dependent upon the applicant satisfying the requirements for reinstatement under IC 25-1-8-6(d).
    (e) The board may classify a license as inactive if the board receives written notification from a licensee stating that the licensee will not 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; and
        (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.
SOURCE: IC 25-26-13-14; (09)MO008613.26. -->     SECTION 26. IC 25-26-13-14, AS AMENDED BY P.L.105-2008, SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 14. (a) A pharmacist's license expires 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 the established biennial renewal date, the license expires and becomes invalid 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) (c) 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) (d) If a license has been expired for not more than three (3) years, the board may reinstate the license only if the person meets the requirements under IC 25-1-8-6(c).
    (f) (e) 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).
    (g) (f) The board may require a person who applies for a license under subsection (e) (d) to appear before the board and explain the reason the person failed to renew the person's license.

SOURCE: IC 25-34.1-9-20; (09)MO008613.27. -->     SECTION 27. IC 25-34.1-9-20, AS AMENDED BY P.L.157-2006, SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 20. Subject to IC 25-1-4, The commission may deny renewal of the license of a licensee that does not fulfill the requirements of this chapter.".
SOURCE: Page 32, line 21; (09)MO008613.32. -->     Page 32, line 21, after "2009]:" insert: "IC 25-1-4-2; IC 25-1-4-3; IC 25-1-4-3.2; IC 25-1-4-4; IC 25-1-4-5; IC 25-1-4-6; IC 25-1-4-7; IC 25-1-4-8; IC 25-4-1-31; IC 25-4-2-13; IC 25-13-2-9; IC 25-14-3-11; IC 25-20-1-25; IC 25-23-1-19.7; IC 25-33-2-4; IC 25-38.1-2-13;".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 86 as printed April 10, 2009.)

________________________________________

Representative Brown T


MO008613/DI 77     2009