Second Regular Session 116th General Assembly (2010)
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SENATE ENROLLED ACT No. 356
AN ACT to amend the Indiana Code concerning professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-6-14; (10)SE0356.1.1. -->
SECTION 1. IC 4-6-14 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]:
Chapter 14. Health Records and Identifying Information
Protection
Sec. 1. As used in this chapter, "abandoned" means voluntarily
surrendered, relinquished, or disclaimed by the health care
provider or regulated professional, with no intention of reclaiming
or regaining possession.
Sec. 2. As used in this chapter, "health care provider" means a
person listed in IC 16-39-7-1(a)(1) through IC 16-39-7-1(a)(11).
Sec. 3. As used in this chapter, "personal information" has the
meaning set forth in IC 24-4.9-2-10.
Sec. 4. As used in this chapter, "regulated professional" means
an individual who is regulated by a board listed under
IC 25-1-11-1.
Sec. 5. The attorney general may do the following with
abandoned health records and other records that contain personal
information:
(1) Take possession of.
(2) Store.
(3) Maintain.
(4) Transfer.
(5) Protect.
(6) Destroy, subject to the limitations in sections 8(b) and 9(b)
of this chapter.
Sec. 6. (a) Before taking any action described in section 5 of this
chapter, the attorney general shall determine whether a health care
provider or regulated professional has abandoned health records
or records containing personal information.
(b) A determination of abandonment under this section may
only be used for the purpose of taking an action described in this
chapter. However, a subsequent enforcement action may take place
under a state or federal law based on proof of facts that may have
contributed to the determination of abandonment if the facts are
proved in a subsequent enforcement action.
(c) An investigation to make a determination of abandonment
under this section must be conducted under the attorney general's
authority under existing state and federal law. Nothing in this
chapter shall be construed to create new authority for a subpoena
or search warrant.
Sec. 7. (a) The attorney general shall make reasonable efforts to
notify the patients and those individuals identified in:
(1) health records; or
(2) records or documents that contain personal information;
that the attorney general has taken possession of the records or
documents. The notice in this subsection must include information
about the procedure for either obtaining originals or copies of the
records or having the original records sent to a duly authorized
subsequent treating health care provider.
(b) Unless prohibited by law, the attorney general may also
notify other persons, including professional organizations,
hospitals, law enforcement agencies, and government units, who:
(1) may be able to assist in notifying persons whose records
were abandoned and secured by the attorney general under
this chapter; and
(2) when appropriate, may be able to assist in returning the
records to those persons.
Sec. 8. (a) The attorney general shall maintain health records
obtained under section 5 of this chapter for the lesser of the
following:
(1) The time required under IC 16-39-7-1 and IC 16-39-7-2.
(2) Three (3) years after the date the records are secured.
(b) When the time expires under subsection (a), the attorney
general may destroy the health records obtained under section 5 of
this chapter.
Sec. 9. (a) The attorney general shall maintain records that are
not health records but contain personal information for at least
three (3) years after the date the records are seized or secured.
(b) When the time expires under subsection (a) and after
notification under section 7 of this chapter, the attorney general
may destroy the records that contain personal information.
Sec. 10. (a) The health records and personal identifying
information protection trust fund is established for the purpose of
paying storage, maintenance, copying, mailing, and transfer of:
(1) health records; and
(2) records containing personal information;
as required under this chapter. Expenditures from the trust fund
may be made only to carry out the purposes of this subsection.
(b) Subject to subsection (c), if a health care provider or a
regulated professional is disciplined under IC 25-1-9 or IC 25-1-11,
the board that issues the disciplinary order shall impose a fee
against the individual of five dollars ($5). The fee must be
deposited into the health records and personal identifying
information protection trust fund.
(c) If the amount in the health records and personal identifying
information protection trust fund exceeds seventy-five thousand
dollars ($75,000), the fee imposed under subsection (b) may not be
imposed on an individual who is subject to a disciplinary order.
(d) The attorney general shall administer the trust fund.
(e) The expenses of administering the trust fund shall be paid
from the money in the fund.
(f) The treasurer of state shall invest the money in the trust fund
not currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(g) Money in the trust fund at the end of a state fiscal year does
not revert to the state general fund.
Sec. 11. The attorney general is immune from civil liability for
destroying or failing to maintain custody and control of any record
obtained under this chapter.
Sec. 12. The following may cooperate with the attorney general's
office to implement this chapter:
(1) The Indiana professional licensing agency and the
appropriate board that regulates a health care provider or a
regulated professional under IC 25.
(2) The state police department.
(3) A prosecuting attorney.
(4) Local law enforcement agencies.
(5) Federal law enforcement agencies.
Sec. 13. The attorney general may adopt rules under IC 4-22-2
that are necessary to administer and implement this chapter.
Sec. 14. A determination by the attorney general that health
records or other records that contain personal information have
been abandoned is subject to review in a circuit or superior court.
A person who seeks to enforce this section must first notify the
attorney general of the intention to seek judicial review.
Sec. 15. The attorney general may pay for the administration of
this chapter only from funds currently appropriated to the office
of the attorney general.
SOURCE: IC 16-27-2-0.5; (10)SE0356.1.2. -->
SECTION 2. IC 16-27-2-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 0.5. As used in this chapter, "expanded criminal
history check" means a criminal history check of an individual,
obtained through a private agency, that includes the following:
(1) A search of the records maintained by all counties in
Indiana in which the individual who is the subject of the
background check resided.
(2) A search of the records maintained by all counties or
similar governmental units in another state, if the individual
who is the subject of the background check resided in another
state.
SOURCE: IC 16-27-2-2.1; (10)SE0356.1.3. -->
SECTION 3. IC 16-27-2-2.1, AS ADDED BY P.L.197-2007,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JUNE 30, 2010]: Sec. 2.1. As used in this chapter, "national criminal
history background check" has the meaning set forth in IC 10-13-3-12.
means the determination provided by the state police department
under IC 10-13-3-39(i).
SOURCE: IC 16-27-2-4; (10)SE0356.1.4. -->
SECTION 4. IC 16-27-2-4, AS AMENDED BY P.L.177-2009,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JUNE 30, 2010]: 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 the employee's
(1) national criminal history; or
(2) until July 1, 2010, limited criminal history,
unless the person
is required to obtain a national criminal history background
check or an expanded criminal history check under subsection
(b) or (c).
(b) If a person who operates a home health agency under IC 16-27-1
or a personal services agency under IC 16-27-4 determines an
employee lived outside Indiana at any time during the two (2) years
immediately before the date the individual was hired by the home
health agency or personal services agency, the home health agency or
personal services agency 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 determination
concerning the employee's national criminal history This subsection
expires June 30, 2010. background check or expanded criminal
history check.
(c) If, more than three (3) days after an employee begins providing
services in a patient's temporary or permanent residence, a person who
operates a home health agency under IC 16-27-1 or a personal services
agency under IC 16-27-4 discovers the employee lived outside Indiana
during the two (2) years immediately before the date the individual was
hired, the agency shall apply, not more than three (3) business days
after the date the agency learns the employee lived outside Indiana, for
a determination concerning the employee's national criminal history
This subsection expires June 30, 2010. background check or
expanded criminal history check.
(d) 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:
(1) a:
(A) (1) a national criminal history background check or an
expanded criminal history check as required under subsection
(a)(1); (b) or (c); or
(B) (2) a limited criminal history as required by subsection (a)(2)
until June 30, 2010; or (a).
(2) a determination concerning that person's national criminal
history background check as required by:
(A) subsection (a)(1); or
(B) subsection (b) or (c) until June 30, 2010.
SOURCE: IC 16-27-2-5; (10)SE0356.1.5. -->
SECTION 5. IC 16-27-2-5, AS AMENDED BY P.L.177-2009,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JUNE 30, 2010]: 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 that person's limited criminal history, or national criminal
history background check, or expanded criminal history 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.
(6) A felony that is substantially equivalent to a felony listed in:
(A) subdivisions (1) through (4); or
(B) subdivision (5), if the conviction for theft occurred less
than ten (10) years before the person's employment application
date;
for which the conviction was entered in another state.
(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 that person's limited criminal history, or national
criminal history background check, or expanded criminal history
check, required by section 4 of this chapter, unless either the state
police department, or the Federal Bureau of Investigation under
IC 10-13-3-39, or the private agency providing the expanded
criminal history check is responsible for failing to provide the
person's limited criminal history, or national criminal history
background check, or expanded criminal history check to the home
health agency or personal services agency within the time required
under this subsection.
SOURCE: IC 25-1-2-2.1; (10)SE0356.1.6. -->
SECTION 6. IC 25-1-2-2.1, AS AMENDED BY P.L.177-2009,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 2.1. Rather than being issued annually, the
following permits, licenses, certificates of registration, or evidences of
authority granted by a state agency must be issued for a period of two
(2) years or for the period specified in the article under which the
permit, license, certificate of registration, or evidence of authority is
issued if the period specified in the article is longer than two (2) years:
(1) Certified public accountants, public accountants, and
accounting practitioners.
(2) Architects and landscape architects.
(3) Dry cleaners.
(4) Professional engineers.
(5) Land surveyors.
(6) Real estate brokers.
(7) Real estate agents.
(8) Security dealers' licenses issued by the securities
commissioner.
(9) Dental hygienists.
(10) Dentists.
(11) Veterinarians.
(12) Physicians.
(13) Chiropractors.
(14) Physical therapists.
(15) Optometrists.
(16) Pharmacists and assistants, drugstores or pharmacies.
(17) Motels and mobile home community licenses.
(18) Nurses.
(19) Podiatrists.
(20) Occupational therapists and occupational therapy assistants.
(21) Respiratory care practitioners.
(22) Social workers, marriage and family therapists, and mental
health counselors.
(23) Real estate appraiser licenses and certificates issued by the
real estate appraiser licensure and certification board.
(24) Wholesale legend drug distributors.
(25) Physician assistants.
(26) Dietitians.
(27) Hypnotists.
(28) (27) Athlete agents.
(29) (28) Manufactured home installers.
(30) (29) Home inspectors.
(31) (30) Massage therapists.
(32) (31) Interior designers.
(33) (32) Genetic counselors.
SOURCE: IC 25-1-2-6; (10)SE0356.1.7. -->
SECTION 7. IC 25-1-2-6, AS AMENDED BY P.L.122-2009,
SECTION 1, AND AS AMENDED BY P.L.160-2009, SECTION 4, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 6. (a) As used in this section,
"license" includes all occupational and professional licenses,
registrations, permits, and certificates issued under the Indiana Code,
and "licensee" includes all occupational and professional licensees,
registrants, permittees, and certificate holders regulated under the
Indiana Code.
(b) This section applies to the following entities that regulate
occupations or professions under the Indiana Code:
(1) Indiana board of accountancy.
(2) Indiana grain buyers and warehouse licensing agency.
(3) Indiana auctioneer commission.
(4) Board of registration for architects and landscape architects.
(5) State board of barber examiners.
(6) (5) State board of cosmetology and barber examiners.
(7) (6) Medical licensing board of Indiana.
(8) (7) Secretary of state.
(9) (8) State board of dentistry.
(10) (9) State board of funeral and cemetery service.
(11) (10) Worker's compensation board of Indiana.
(12) (11) Indiana state board of health facility administrators.
(13) (12) Committee of hearing aid dealer examiners.
(14) (13) Indiana state board of nursing.
(15) (14) Indiana optometry board.
(16) (15) Indiana board of pharmacy.
(17) (16) Indiana plumbing commission.
(18) (17) Board of podiatric medicine.
(19) (18) Private investigator and security guard licensing board.
(20) (19) State board of registration for professional engineers.
(21) Board of environmental health specialists.
(22) (20) State psychology board.
(23) (21) Indiana real estate commission.
(24) (22) Speech-language pathology and audiology board.
(25) (23) Department of natural resources.
(26) (24) State boxing athletic commission.
(27) (25) Board of chiropractic examiners.
(28) (26) Mining board.
(29) (27) Indiana board of veterinary medical examiners.
(30) (28) State department of health.
(31) (29) Indiana physical therapy committee.
(32) (30) Respiratory care committee.
(33) (31) Occupational therapy committee.
(34) Social worker, marriage and family therapist, and mental
health counselor (32) Behavioral health and human services
licensing board.
(35) (33) Real estate appraiser licensure and certification board.
(36) (34) State board of registration for land surveyors.
(37) (35) Physician assistant committee.
(38) (36) Indiana dietitians certification board.
(39) Indiana hypnotist committee.
(40) (37) Attorney general (only for the regulation of athlete
agents).
(41) (38) Manufactured home installer licensing board.
(42) (39) Home inspectors licensing board.
(43) (40) State board of massage therapy.
(44) (41) Any other occupational or professional agency created
after June 30, 1981.
(c) Notwithstanding any other law, the entities included in
subsection (b) shall send a notice of the upcoming expiration of a
license to each licensee at least sixty (60) days prior to the expiration
of the license. The notice must inform the licensee of the need to renew
and the requirement of payment of the renewal fee. If this notice of
expiration is not sent by the entity, the licensee is not subject to a
sanction for failure to renew if, once notice is received from the entity,
the license is renewed within forty-five (45) days of the receipt of the
notice.
SOURCE: IC 25-1-4-0.3; (10)SE0356.1.8. -->
SECTION 8. IC 25-1-4-0.3, AS AMENDED BY P.L.122-2009,
SECTION 2, AND AS AMENDED BY P.L.160-2009, SECTION 5, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 0.3. As used in this chapter, "board"
means any of the following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects
(IC 25-4-1-2).
(3) Indiana athletic trainers board (IC 25-5.1-2-1).
(4) Indiana auctioneer commission (IC 25-6.1-2-1).
(5) State board of barber examiners (IC 25-7-5-1).
(6) State boxing commission (IC 25-9-1).
(7) (5) Board of chiropractic examiners (IC 25-10-1).
(8) (6) State board of cosmetology and barber examiners
(IC 25-8-3-1).
(9) (7) State board of dentistry (IC 25-14-1).
(10) (8) Indiana dietitians certification board (IC 25-14.5-2-1).
(11) (9) State board of registration for professional engineers
(IC 25-31-1-3).
(12) Board of environmental health specialists (IC 25-32-1).
(13) (10) State board of funeral and cemetery service
(IC 25-15-9).
(14) (11) Indiana state board of health facility administrators
(IC 25-19-1).
(15) (12) Committee of hearing aid dealer examiners
(IC 25-20-1-1.5).
(16) (13) Home inspectors licensing board (IC 25-20.2-3-1).
(17) Indiana hypnotist committee (IC 25-20.5-1-7).
(18) (14) State board of registration for land surveyors
(IC 25-21.5-2-1).
(19) (15) Manufactured home installer licensing board
(IC 25-23.7).
(20) (16) Medical licensing board of Indiana (IC 25-22.5-2).
(21) (17) Indiana state board of nursing (IC 25-23-1).
(22) (18) Occupational therapy committee (IC 25-23.5).
(23) (19) Indiana optometry board (IC 25-24).
(24) (20) Indiana board of pharmacy (IC 25-26).
(25) (21) Indiana physical therapy committee (IC 25-27-1).
(26) (22) Physician assistant committee (IC 25-27.5).
(27) (23) Indiana plumbing commission (IC 25-28.5-1-3).
(28) (24) Board of podiatric medicine (IC 25-29-2-1).
(29) (25) Private investigator and security guard licensing board
(IC 25-30-1-5.2).
(30) (26) State psychology board (IC 25-33).
(31) (27) Indiana real estate commission (IC 25-34.1-2).
(32) (28) Real estate appraiser licensure and certification board
(IC 25-34.1-8).
(33) (29) Respiratory care committee (IC 25-34.5).
(34) Social worker, marriage and family therapist, and mental
health counselor (30) Behavioral health and human services
licensing board (IC 25-23.6).
(35) (31) Speech-language pathology and audiology board
(IC 25-35.6-2).
(36) (32) Indiana board of veterinary medical examiners
(IC 25-38.1-2).
SOURCE: IC 25-1-5-3; (10)SE0356.1.9. -->
SECTION 9. IC 25-1-5-3, AS AMENDED BY P.L.122-2009,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 3. (a) There is established the Indiana professional
licensing agency. The agency shall perform all administrative
functions, duties, and responsibilities assigned by law or rule to the
executive director, secretary, or other statutory administrator of the
following:
(1) Board of chiropractic examiners (IC 25-10-1).
(2) State board of dentistry (IC 25-14-1).
(3) Indiana state board of health facility administrators
(IC 25-19-1).
(4) Medical licensing board of Indiana (IC 25-22.5-2).
(5) Indiana state board of nursing (IC 25-23-1).
(6) Indiana optometry board (IC 25-24).
(7) Indiana board of pharmacy (IC 25-26).
(8) Board of podiatric medicine (IC 25-29-2-1).
(9) Board of environmental health specialists (IC 25-32).
(10) (9) Speech-language pathology and audiology board
(IC 25-35.6-2).
(11) (10) State psychology board (IC 25-33).
(12) (11) Indiana board of veterinary medical examiners
(IC 25-38.1-2).
(13) Controlled substances advisory committee (IC 35-48-2-1).
(14) (12) Committee of hearing aid dealer examiners (IC 25-20).
(15) (13) Indiana physical therapy committee (IC 25-27).
(16) (14) Respiratory care committee (IC 25-34.5).
(17) (15) Occupational therapy committee (IC 25-23.5).
(18) (16) Behavioral health and human services licensing board
(IC 25-23.6).
(19) (17) Physician assistant committee (IC 25-27.5).
(20) (18) Indiana athletic trainers board (IC 25-5.1-2-1).
(21) (19) Indiana dietitians certification board (IC 25-14.5-2-1).
(22) Indiana hypnotist committee (IC 25-20.5-1-7).
(b) Nothing in this chapter may be construed to give the agency
policy making authority, which authority remains with each board.
SOURCE: IC 25-1-5-10; (10)SE0356.1.10. -->
SECTION 10. IC 25-1-5-10, AS AMENDED BY P.L.122-2009,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 10. (a) As used in this section, "provider" means
an individual licensed, certified, registered, or permitted by any of the
following:
(1) Board of chiropractic examiners (IC 25-10-1).
(2) State board of dentistry (IC 25-14-1).
(3) Indiana state board of health facility administrators
(IC 25-19-1).
(4) Medical licensing board of Indiana (IC 25-22.5-2).
(5) Indiana state board of nursing (IC 25-23-1).
(6) Indiana optometry board (IC 25-24).
(7) Indiana board of pharmacy (IC 25-26).
(8) Board of podiatric medicine (IC 25-29-2-1).
(9) Board of environmental health specialists (IC 25-32-1).
(10) (9) Speech-language pathology and audiology board
(IC 25-35.6-2).
(11) (10) State psychology board (IC 25-33).
(12) (11) Indiana board of veterinary medical examiners
(IC 25-38.1-2).
(13) (12) Indiana physical therapy committee (IC 25-27).
(14) (13) Respiratory care committee (IC 25-34.5).
(15) (14) Occupational therapy committee (IC 25-23.5).
(16) (15) Behavioral health and human services licensing board
(IC 25-23.6).
(17) (16) Physician assistant committee (IC 25-27.5).
(18) (17) Indiana athletic trainers board (IC 25-5.1-2-1).
(19) (18) Indiana dietitians certification board (IC 25-14.5-2-1).
(20) Indiana hypnotist committee (IC 25-20.5-1-7).
(b) The agency shall create and maintain a provider profile for each
provider described in subsection (a).
(c) A provider profile must contain the following information:
(1) The provider's name.
(2) The provider's license, certification, registration, or permit
number.
(3) The provider's license, certification, registration, or permit
type.
(4) The date the provider's license, certification, registration, or
permit was issued.
(5) The date the provider's license, certification, registration, or
permit expires.
(6) The current status of the provider's license, certification,
registration, or permit.
(7) The provider's city and state of record.
(8) A statement of any disciplinary action taken against the
provider within the previous ten (10) years by a board or
committee described in subsection (a).
(d) The agency shall make provider profiles available to the public.
(e) The computer gateway administered by the office of technology
established by IC 4-13.1-2-1 shall make the information described in
subsection (c)(1), (c)(2), (c)(3), (c)(6), (c)(7), and (c)(8) generally
available to the public on the Internet.
(f) The agency may adopt rules under IC 4-22-2 to implement this
section.
SOURCE: IC 25-1-6-3; (10)SE0356.1.11. -->
SECTION 11. IC 25-1-6-3, AS AMENDED BY P.L.160-2009,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 3. (a) The licensing agency shall perform all
administrative functions, duties, and responsibilities assigned by law
or rule to the executive director, secretary, or other statutory
administrator of the following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects
(IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(4) State board of barber examiners (IC 25-7-5-1).
(5) (4) State board of cosmetology examiners (IC 25-8-3-1).
(6) (5) State board of funeral and cemetery service (IC 25-15-9).
(7) (6) State board of registration for professional engineers
(IC 25-31-1-3).
(8) (7) Indiana plumbing commission (IC 25-28.5-1-3).
(9) (8) Indiana real estate commission (IC 25-34.1).
(10) (9) Real estate appraiser licensure and certification board
(IC 25-34.1-8-1).
(11) (10) Private investigator and security guard licensing board
(IC 25-30-1-5.2).
(12) (11) State board of registration for land surveyors
(IC 25-21.5-2-1).
(13) (12) Manufactured home installer licensing board
(IC 25-23.7).
(14) (13) Home inspectors licensing board (IC 25-20.2-3-1).
(15) (14) State board of massage therapy (IC 25-21.8-2-1).
(b) Nothing in this chapter may be construed to give the licensing
agency policy making authority, which remains with each board.
SOURCE: IC 25-1-7-1; (10)SE0356.1.12. -->
SECTION 12. IC 25-1-7-1, AS AMENDED BY P.L.1-2009,
SECTION 138, AS AMENDED BY P.L.122-2009, SECTION 5, AND
AS AMENDED BY P.L.160-2009, SECTION 7, IS CORRECTED
AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2010]: Sec. 1. As used in this chapter:
"Board" means the appropriate agency listed in the definition of
regulated occupation in this section.
"Director" refers to the director of the division of consumer
protection.
"Division" refers to the division of consumer protection, office of
the attorney general.
"Licensee" means a person who is:
(1) licensed, certified, or registered by a board listed in this
section; and
(2) the subject of a complaint filed with the division.
"Person" means an individual, a partnership, a limited liability
company, or a corporation.
"Regulated occupation" means an occupation in which a person is
licensed, certified, or registered by one (1) of the following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects
(IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(4) State board of barber examiners (IC 25-7-5-1).
(5) (4) State boxing athletic commission (IC 25-9-1).
(6) (5) Board of chiropractic examiners (IC 25-10-1).
(7) (6) State board of cosmetology and barber examiners
(IC 25-8-3-1).
(8) (7) State board of dentistry (IC 25-14-1).
(9) (8) State board of funeral and cemetery service (IC 25-15-9).
(10) (9) State board of registration for professional engineers
(IC 25-31-1-3).
(11) (10) Indiana state board of health facility administrators
(IC 25-19-1).
(12) (11) Medical licensing board of Indiana (IC 25-22.5-2).
(13) (12) Indiana state board of nursing (IC 25-23-1).
(14) (13) Indiana optometry board (IC 25-24).
(15) (14) Indiana board of pharmacy (IC 25-26).
(16) (15) Indiana plumbing commission (IC 25-28.5-1-3).
(17) (16) Board of podiatric medicine (IC 25-29-2-1).
(18) Board of environmental health specialists (IC 25-32-1).
(19) (17) State psychology board (IC 25-33).
(20) (18) Speech-language pathology and audiology board
(IC 25-35.6-2).
(21) (19) Indiana real estate commission (IC 25-34.1-2).
(22) (20) Indiana board of veterinary medical examiners
(IC 25-38.1).
(23) (21) Department of natural resources for purposes of
licensing water well drillers under IC 25-39-3.
(24) (22) Respiratory care committee (IC 25-34.5).
(25) (23) Private investigator and security guard licensing board
(IC 25-30-1-5.2).
(26) (24) Occupational therapy committee (IC 25-23.5).
(27) Social worker, marriage and family therapist, and mental
health counselor (25) Behavioral health and human services
licensing board (IC 25-23.6).
(28) (26) Real estate appraiser licensure and certification board
(IC 25-34.1-8).
(29) (27) State board of registration for land surveyors
(IC 25-21.5-2-1).
(30) (28) Physician assistant committee (IC 25-27.5).
(31) (29) Indiana athletic trainers board (IC 25-5.1-2-1).
(32) (30) Indiana dietitians certification board (IC 25-14.5-2-1).
(33) Indiana hypnotist committee (IC 25-20.5-1-7).
(34) (31) Indiana physical therapy committee (IC 25-27).
(35) (32) Manufactured home installer licensing board
(IC 25-23.7).
(36) (33) Home inspectors licensing board (IC 25-20.2-3-1).
(37) (34) State department of health, for out-of-state mobile
health care entities.
(38) (35) State board of massage therapy (IC 25-21.8-2-1).
(39) (36) Any other occupational or professional agency created
after June 30, 1981.
SOURCE: IC 25-1-7-14; (10)SE0356.1.13. -->
SECTION 13. IC 25-1-7-14 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]:
Sec. 14. (a) Notwithstanding any other law, if the board of
a regulated occupation believes that a person who is not licensed,
certified, or registered under this title is engaged in or is believed
to be engaged in activities for which a license, certification, or
registration is required under this title, the board may do the
following:
(1) File a complaint with the attorney general, who shall
investigate and may file:
(A) with notice; or
(B) without notice, if the attorney general determines that
person is engaged in activities that may affect an
individual's health or safety;
a motion for a cease and desist order with the appropriate
board.
(2) Upon review of the attorney general's motion for a cease
and desist order, the board may issue an order requiring the
affected person to show cause why the person should not be
ordered to cease and desist from such activities. The show
cause order must set forth a time and place for a hearing at
which the affected person may appear and show cause as to
why the person should not be subject to licensing,
certification, or registration under this title.
(b) If the board, after a hearing, determines that the activities
in which the person is engaged are subject to licensing,
certification, or registration under this title, the board may issue
a cease and desist order that must describe the person and
activities that are the subject of the order.
(c) A hearing conducted under this section must comply with the
requirements under IC 4-21.5.
(d) A cease and desist order issued under this section is
enforceable in the circuit or superior courts. A person who is
enjoined under a cease and desist order and who violates the order
shall be punished for contempt of court.
(e) A cease and desist order issued under this section does not
relieve any person from criminal prosecution.
SOURCE: IC 25-1-8-1; (10)SE0356.1.14. -->
SECTION 14. IC 25-1-8-1, AS AMENDED BY P.L.122-2009,
SECTION 6, AND AS AMENDED BY P.L.160-2009, SECTION 8, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 1. As used in this chapter, "board"
means any of the following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects
(IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(4) State board of barber examiners (IC 25-7-5-1).
(5) (4) State
boxing athletic commission (IC 25-9-1).
(6) (5) Board of chiropractic examiners (IC 25-10-1).
(7) (6) State board of cosmetology
and barber examiners
(IC 25-8-3-1).
(8) (7) State board of dentistry (IC 25-14-1).
(9) (8) State board of funeral and cemetery service (IC 25-15).
(10) (9) State board of registration for professional engineers
(IC 25-31-1-3).
(11) (10) Indiana state board of health facility administrators
(IC 25-19-1).
(12) (11) Medical licensing board of Indiana (IC 25-22.5-2).
(13) (12) Mining board (IC 22-10-1.5-2).
(14) (13) Indiana state board of nursing (IC 25-23-1).
(15) (14) Indiana optometry board (IC 25-24).
(16) (15) Indiana board of pharmacy (IC 25-26).
(17) (16) Indiana plumbing commission (IC 25-28.5-1-3).
(18) Board of environmental health specialists (IC 25-32-1).
(19) (17) State psychology board (IC 25-33).
(20) (18) Speech-language pathology and audiology board
(IC 25-35.6-2).
(21) (19) Indiana real estate commission (IC 25-34.1-2-1).
(22) (20) Indiana board of veterinary medical examiners
(IC 25-38.1-2-1).
(23) (21) Department of insurance (IC 27-1).
(24) (22) State police department (IC 10-11-2-4), for purposes of
certifying polygraph examiners under IC 25-30-2.
(25) (23) Department of natural resources for purposes of
licensing water well drillers under IC 25-39-3.
(26) (24) Private investigator and security guard licensing board
(IC 25-30-1-5.2).
(27) (25) Occupational therapy committee (IC 25-23.5-2-1).
(28) Social worker, marriage and family therapist, and mental
health counselor (26) Behavioral health and human services
licensing board (IC 25-23.6-2-1).
(29) (27) Real estate appraiser licensure and certification board
(IC 25-34.1-8).
(30) (28) State board of registration for land surveyors
(IC 25-21.5-2-1).
(31) (29) Physician assistant committee (IC 25-27.5).
(32) (30) Indiana athletic trainers board (IC 25-5.1-2-1).
(33) (31) Board of podiatric medicine (IC 25-29-2-1).
(34) (32) Indiana dietitians certification board (IC 25-14.5-2-1).
(35) (33) Indiana physical therapy committee (IC 25-27).
(36) (34) Manufactured home installer licensing board
(IC 25-23.7).
(37) (35) Home inspectors licensing board (IC 25-20.2-3-1).
(38) (36) State board of massage therapy (IC 25-21.8-2-1).
(39) (37) Any other occupational or professional agency created
after June 30, 1981.
SOURCE: IC 25-1-8-6; (10)SE0356.1.15. -->
SECTION 15. IC 25-1-8-6, AS AMENDED BY P.L.122-2009,
SECTION 7, AND AS AMENDED BY P.L.160-2009, SECTION 9, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: 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 and landscape architects
(IC 25-4-1-2).
(3) Indiana athletic trainers board (IC 25-5.1-2-1).
(4) Indiana auctioneer commission (IC 25-6.1-2-1).
(5) State board of barber examiners (IC 25-7-5-1).
(6) State boxing commission (IC 25-9-1).
(7) (5) Board of chiropractic examiners (IC 25-10-1).
(8) (6) State board of cosmetology
and barber examiners
(IC 25-8-3-1).
(9) (7) State board of dentistry (IC 25-14-1).
(10) (8) Indiana dietitians certification board (IC 25-14.5-2-1).
(11) (9) State board of registration for professional engineers
(IC 25-31-1-3).
(12) Board of environmental health specialists (IC 25-32-1).
(13) (10) State board of funeral and cemetery service
(IC 25-15-9).
(14) (11) Indiana state board of health facility administrators
(IC 25-19-1).
(15) (12) Committee of hearing aid dealer examiners
(IC 25-20-1-1.5).
(16) (13) Home inspectors licensing board (IC 25-20.2-3-1).
(17) Indiana hypnotist committee (IC 25-20.5-1-7).
(18) (14) State board of registration for land surveyors
(IC 25-21.5-2-1).
(19) (15) Manufactured home installer licensing board
(IC 25-23.7).
(20) (16) Medical licensing board of Indiana (IC 25-22.5-2).
(21) (17) Indiana state board of nursing (IC 25-23-1).
(22) (18) Occupational therapy committee (IC 25-23.5).
(23) (19) Indiana optometry board (IC 25-24).
(24) (20) Indiana board of pharmacy (IC 25-26).
(25) (21) Indiana physical therapy committee (IC 25-27).
(26) (22) Physician assistant committee (IC 25-27.5).
(27) (23) Indiana plumbing commission (IC 25-28.5-1-3).
(28) (24) Board of podiatric medicine (IC 25-29-2-1).
(29) (25) Private investigator and security guard licensing board
(IC 25-30-1-5.2).
(30) (26) State psychology board (IC 25-33).
(31) (27) Indiana real estate commission (IC 25-34.1-2).
(32) (28) Real estate appraiser licensure and certification board
(IC 25-34.1-8).
(33) (29) Respiratory care committee (IC 25-34.5).
(34) Social worker, marriage and family therapist, and mental
health counselor (30) Behavioral health and human services
licensing board (IC 25-23.6).
(35) (31) Speech-language pathology and audiology board
(IC 25-35.6-2).
(36) (32) Indiana board of veterinary medical examiners
(IC 25-38.1).
(37) (33) 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; 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; 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 25-1-9-1; (10)SE0356.1.16. -->
SECTION 16. IC 25-1-9-1, AS AMENDED BY P.L.122-2009,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 1. As used in this chapter, "board" means any of
the following:
(1) Board of chiropractic examiners (IC 25-10-1).
(2) State board of dentistry (IC 25-14-1).
(3) Indiana state board of health facility administrators
(IC 25-19-1).
(4) Medical licensing board of Indiana (IC 25-22.5-2).
(5) Indiana state board of nursing (IC 25-23-1).
(6) Indiana optometry board (IC 25-24).
(7) Indiana board of pharmacy (IC 25-26).
(8) Board of podiatric medicine (IC 25-29-2-1).
(9) Board of environmental health specialists (IC 25-32).
(10) (9) Speech-language pathology and audiology board
(IC 25-35.6-2).
(11) (10) State psychology board (IC 25-33).
(12) (11) Indiana board of veterinary medical examiners
(IC 25-38.1-2).
(13) (12) Indiana physical therapy committee (IC 25-27-1).
(14) (13) Respiratory care committee (IC 25-34.5).
(15) (14) Occupational therapy committee (IC 25-23.5).
(16) (15) Behavioral health and human services licensing board
(IC 25-23.6).
(17) (16) Physician assistant committee (IC 25-27.5).
(18) (17) Indiana athletic trainers board (IC 25-5.1-2-1).
(19) (18) Indiana dietitians certification board (IC 25-14.5-2-1).
(20) Indiana hypnotist committee (IC 25-20.5-1-7).
SOURCE: IC 25-1-9-17; (10)SE0356.1.17. -->
SECTION 17. IC 25-1-9-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 17. The board and the
controlled substances advisory committee (IC 35-48-2-1) may require
an applicant for licensure to appear before the board or committee
before issuing a license.
SOURCE: IC 25-1-11-1; (10)SE0356.1.18. -->
SECTION 18. IC 25-1-11-1, AS AMENDED BY P.L.160-2009,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 1. As used in this chapter, "board" means any of
the following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects
(IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2).
(4) State board of barber examiners (IC 25-7-5-1).
(5) (4) State athletic commission (IC 25-9-1).
(6) (5) State board of cosmetology and barber examiners
(IC 25-8-3-1).
(7) (6) State board of registration of land surveyors
(IC 25-21.5-2-1).
(8) (7) State board of funeral and cemetery service (IC 25-15-9).
(9) (8) State board of registration for professional engineers
(IC 25-31-1-3).
(10) (9) Indiana plumbing commission (IC 25-28.5-1-3).
(11) (10) Indiana real estate commission (IC 25-34.1-2-1).
(12) (11) Real estate appraiser licensure and certification board
(IC 25-34.1-8).
(13) (12) Private investigator and security guard licensing board
(IC 25-30-1-5.2).
(14) (13) Manufactured home installer licensing board
(IC 25-23.7).
(15) (14) Home inspectors licensing board (IC 25-20.2-3-1).
(16) (15) State board of massage therapy (IC 25-21.8-2-1).
SOURCE: IC 25-1-16; (10)SE0356.1.19. -->
SECTION 19. IC 25-1-16 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]:
Chapter 16. Evaluation of Regulated Occupations
Sec. 1. As used in this chapter, "agency" refers to the Indiana
professional licensing agency.
Sec. 2. As used in this chapter, "board" means an entity that
regulates a specific regulated occupation.
Sec. 3. As used in this chapter, "committee" means the
regulated occupations evaluation committee established by section
6 of this chapter.
Sec. 4. As used in this chapter, "license" means:
(1) an unlimited license, certificate, or registration;
(2) a limited or probationary license, certificate, or
registration;
(3) a temporary license, certificate, registration, or permit;
(4) an intern permit; or
(5) a provisional license;
issued by the board regulating the regulated occupation in
question.
Sec. 5. As used in this chapter, "regulated occupation" has the
meaning set forth in IC 25-1-7-1.
Sec. 6. The regulated occupations evaluation committee is
established.
Sec. 7. (a) The committee consists of the following individuals:
(1) The dean of the Indiana University School of Public and
Environmental Affairs or the dean's designee. The dean or the
dean's designee shall serve as chairperson of the committee.
(2) The director of the agency or the director's designee.
(3) The attorney general or the attorney general's designee, as
a nonvoting member.
(4) Two (2) individuals appointed by the governor who are
licensed in a regulated occupation.
(5) Two (2) individuals appointed by the governor who are not
licensed in a regulated occupation.
(b) The term of a member appointed under subsection (a)(4) or
(a)(5) is three (3) years.
(c) The affirmative votes of a majority of the voting members
appointed to the committee are required for the committee to take
action on any measure.
Sec. 8. (a) The committee shall review and evaluate each
regulated occupation. The review and evaluation must include the
following:
(1) The functions, powers, and duties of the regulated
occupation and the board, including any functions, powers, or
duties that are inconsistent with current or projected practice
of the occupation.
(2) An assessment of the management efficiency of the board.
(3) An assessment of the regulated occupation's and the
board's ability to meet the objectives of the general assembly
in licensing the regulated occupation.
(4) Any other criteria identified by the committee.
(b) The committee shall prepare a report concerning each
regulated occupation that the committee reviews and evaluates.
The report must contain the following:
(1) The number of individuals who are licensed in the
regulated occupation.
(2) A summary of the board's functions and actions.
(3) The budget and other fiscal factors of regulating the
regulated occupation.
(4) An assessment of the effect of the regulated occupation on
the state's economy, including consumers and businesses.
(5) Any recommendations for legislation, including whether
a regulated occupation should be modified, combined with
another board, or terminated.
(6) Any recommendations for administrative changes.
Sec. 9. (a) A board shall cooperate with the committee, as the
committee determines is necessary in the committee's review and
evaluation of the board.
(b) The committee shall allow testimony concerning each
regulated occupation that is being reviewed and evaluated.
Sec. 10. The committee shall establish a schedule to review and
evaluate each regulated occupation. Each regulated occupation
must be reviewed and evaluated at least every seven (7) years.
Sec. 11. (a) The agency shall provide staff and administrative
support to the committee.
(b) The committee may hire, with approval of the director of the
agency, an individual to assist the committee.
(c) The expenditures of the committee shall be paid from
appropriations to the agency.
Sec. 12. (a) Each member of the committee who is not a state
employee is entitled to reimbursement for traveling expenses as
provided under IC 4-13-1-4 and other expenses actually incurred
in connection with the member's duties as provided in the state
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
(b) Each member of the committee who is a state employee is
entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
Sec. 13. The committee shall submit a report to the:
(1) governor;
(2) health finance commission; and
(3) legislative services agency;
not later than July 1 of each year. The report submitted to the
legislative services agency must be in an electronic format under
IC 5-14-6.
SOURCE: IC 25-2.1-9-3; (10)SE0356.1.20. -->
SECTION 20. IC 25-2.1-9-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. (a) If the board has
reason to believe that the subject of an investigation has committed a
violation of this article or IC 25-1-11:
(1) the board shall direct that a complaint be issued under
IC 25-2.1-7-7, IC 25-1-7, if the subject of the investigation is a
licensee; and
(2) the board shall take appropriate action under IC 25-2.1-13,
IC 25-1-7-14, if the subject of the investigation is not a licensee.
(b) If the board does not proceed under subsection (a), the board
shall close the matter and may release the information only with the
consent of the individual or firm that was under investigation.
SOURCE: IC 25-8-2-2.1; (10)SE0356.1.21. -->
SECTION 21. IC 25-8-2-2.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 2.1. "Barber" means a person licensed under
IC 25-8-12.1.
SOURCE: IC 25-8-2-2.2; (10)SE0356.1.22. -->
SECTION 22. IC 25-8-2-2.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 2.2. "Barber instructor" means a person licensed
under IC 25-8-6.4 to teach barbering.
SOURCE: IC 25-8-2-2.3; (10)SE0356.1.23. -->
SECTION 23. IC 25-8-2-2.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 2.3. "Barber school" means an establishment licensed
under IC 25-8-6.3 that offers training in barbering.
SOURCE: IC 25-8-2-2.4; (10)SE0356.1.24. -->
SECTION 24. IC 25-8-2-2.4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 2.4. "Barber shop" means an establishment licensed
under IC 25-8-8.1 that offers barbering to the public.
SOURCE: IC 25-8-2-2.7; (10)SE0356.1.25. -->
SECTION 25. IC 25-8-2-2.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 2.7. (a) "Barbering" means performing one (1) or
more of the following practices upon the head, face, or neck of a
person:
(1) Cutting, trimming, styling, arranging, dressing, curling,
permanent waving, cleansing, bleaching, tinting, coloring, or
similarly treating hair.
(2) Shaving or trimming beards and mustaches.
(3) Applying oils, creams, antiseptics, clays, powders, lotions,
or other preparations, either by hand or by mechanical
appliances, in the performance of facial or scalp massage.
(b) "Barbering" does not include performing any of the acts
described in subsection (a) when done:
(1) in treating illness or disease;
(2) as a student in a barber school that complies with the
notice requirements set forth in IC 25-8-6.3; or
(3) without compensation.
SOURCE: IC 25-8-2-2.6; (10)SE0356.1.26. -->
SECTION 26. IC 25-8-2-2.6, AS ADDED BY P.L.78-2008,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 2.6. "Beauty culture professional" refers to the
following:
(1) A cosmetologist licensed under IC 25-8-9.
(2) An electrologist licensed under IC 25-8-10.
(3) A manicurist licensed under IC 25-8-11.
(4) An esthetician licensed under IC 25-8-12.5.
(5) An instructor licensed under IC 25-8-6.
(6) A barber licensed under IC 25-8-12.1.
SOURCE: IC 25-8-2-3; (10)SE0356.1.27. -->
SECTION 27. IC 25-8-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. "Board" refers to the
state board of cosmetology and barber examiners.
SOURCE: IC 25-8-2-10; (10)SE0356.1.28. -->
SECTION 28. IC 25-8-2-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 10. "Instructor" means
a person:
(1) licensed under IC 25-8-6 to teach in a cosmetology school; or
(2) licensed under IC 25-8-6.4 to teach in a barber school.
SOURCE: IC 25-8-3-1; (10)SE0356.1.29. -->
SECTION 29. IC 25-8-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. The state board of
cosmetology and barber examiners is established.
SOURCE: IC 25-8-3-5; (10)SE0356.1.30. -->
SECTION 30. IC 25-8-3-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. (a) Each of the
remaining five (5) members of the board must reside in Indiana.
(b) At least three (3) The members of the board must meet the
following qualifications:
(1) Two (2) of the members described in subsection (a) must:
have been licensed cosmetologists practicing in
(A) possess a current cosmetologist license; and
(B) have practiced cosmetology salons in Indiana
continuously for at least five (5) years immediately before
appointment.
(2) Two (2) of the members of the board must:
(A) possess a current barber license; and
(B) have practiced barbering in Indiana continuously for
at least five (5) years immediately before appointment.
(c) Two (2) (3) One (1) of the members described in subsection
(a) may must be owners an owner or operators operator of a
barber or cosmetology schools. One (1) of the members
described in this subsection must be a licensed cosmetologist.
One (1) of school. However, the members described in this
subsection is member may not required to be a licensed barber
or cosmetologist.
(d) Not more than two (2) members of the board may be:
(1) owners of;
(2) operators of;
(3) members of the board of directors of;
(4) employees of; or
(5) contractors with;
a cosmetology school.
(4) One (1) of the members must be licensed as an
electrologist, an esthetician, or a manicurist.
(5) One (1) of the members must not have any association with
cosmetology or barbering, except as a consumer.
SOURCE: IC 25-8-3-6; (10)SE0356.1.31. -->
SECTION 31. IC 25-8-3-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6. No more than four
(4) five (5) members of the board may belong to the same political
party.
SOURCE: IC 25-8-3-23; (10)SE0356.1.32. -->
SECTION 32. IC 25-8-3-23, AS AMENDED BY P.L.197-2007,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: 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;
(F) barber shops; and
(G) barber 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;
(F) barber shops; and
(G) barber 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,
barbering, 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 25-8-3-26; (10)SE0356.1.33. -->
SECTION 33. IC 25-8-3-26 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 26. The board shall
furnish each person licensed to operate:
(1) a cosmetology salon;
(2) an electrology salon;
(3) an esthetic salon;
(4) a manicuring salon; or
(5) a cosmetology school;
(6) a barber shop; or
(7) a barber school;
with a copy of the rules concerning sanitary requirements described in
section 23(1) 23(a)(1) of this chapter.
SOURCE: IC 25-8-3-27; (10)SE0356.1.34. -->
SECTION 34. IC 25-8-3-27 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 27. A person operating:
(1) a cosmetology salon;
(2) an electrology salon;
(3) an esthetic salon;
(4) a manicuring salon; or
(5) a cosmetology school;
(6) a barber shop; or
(7) a barber school;
shall post the rules described in section 26 of this chapter in a
conspicuous place in that salon or school.
SOURCE: IC 25-8-3-28; (10)SE0356.1.35. -->
SECTION 35. IC 25-8-3-28, AS AMENDED BY P.L.177-2009,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 28. (a) A member of the board or any inspector or
investigator may inspect:
(1) a cosmetology salon;
(2) an electrology salon;
(3) an esthetic salon;
(4) a manicuring salon;
(5) a cosmetology school; or
(6) a mobile salon;
(7) a barber shop; or
(8) a barber school;
during its regular business hours.
(b) A member of the board or any inspector or investigator may
inspect:
(1) a cosmetology salon;
(2) an electrology salon;
(3) an esthetic salon;
(4) a manicuring salon;
(5) a cosmetology school; or
(6) a mobile salon;
(7) a barber shop; or
(8) a barber school;
before an initial license is issued.
SOURCE: IC 25-8-3-29; (10)SE0356.1.36. -->
SECTION 36. IC 25-8-3-29 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 29. (a) The board may not adopt a rule establishing
different standards for an inmate or former inmate of a penal
institution who applies for:
(1) admission to barber school; or
(2) a license as a registered barber.
(b) A person who graduates from a barber school operated by
a penal institution may not have the person's license denied or
revoked as a result of the acts for which the person was convicted.
SOURCE: IC 25-8-4-1; (10)SE0356.1.37. -->
SECTION 37. IC 25-8-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. The provisions of
this article requiring a person to obtain a license do not apply to a
person performing cosmetology as a:
(1) licensed student in a barber under IC 25-7; school;
(2) commissioned medical or surgical officer of the United States
armed forces;
(3) chiropractor (as defined by IC 25-10-1-1(2));
(4) embalmer (as defined by IC 25-15-2-8);
(5) funeral director (as defined by IC 25-15-2-12);
(6) registered nurse (as defined by IC 25-23-1-1.1(a));
(7) licensed practical nurse (as defined by IC 25-23-1-1.2);
(8) physician (as defined by IC 25-22.5-1-1.1(g));
(9) podiatrist (as defined by IC 25-29-1-13);
(10) person conducting an educational activity involving
cosmetology at a scheduled meeting of an association that:
(A) recognizes a group of its members as cosmetologists; and
(B) is not open to persons who are not licensed under this
chapter; or
(11) student in a cosmetology school.
SOURCE: IC 25-8-4-2; (10)SE0356.1.38. -->
SECTION 38. IC 25-8-4-2, AS AMENDED BY P.L.177-2009,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 2. (a) If the board determines that:
(1) a person possesses a valid license from another jurisdiction to
perform acts that require a license under this article; and
(2) the jurisdiction issuing the license imposes substantially equal
requirements on applicants for the license as are imposed on
applicants for an Indiana license;
the board may issue a license to perform those acts in Indiana to that
person upon payment of the fee required under IC 25-8-13.
(b) This subsection applies only to applications for a cosmetologist
license under IC 25-8-9. If the jurisdiction issuing the license does not
impose substantially equal requirements for education hours as
required under subsection (a)(2), the board may approve the
combination of education hours plus actual licensed practice in the
other jurisdiction when issuing a license to a person from that
jurisdiction. One (1) year of licensed practice is equal to one hundred
(100) hours of education to an applicant who has completed a
minimum of one thousand (1,000) hours of education.
(c) This subsection applies only to applications for a manicurist
license under IC 25-8-11. If the jurisdiction issuing a license does not
impose substantially equal requirements for education hours as
required under subsection (a)(2), the board may approve the
combination of education hours plus actual licensed practice in the
other jurisdiction when issuing a license to a person from that
jurisdiction, as follows:
(1) For an applicant with less than twenty (20) years of actual
licensed practice as a manicurist, one (1) year of licensed practice
is equal to one hundred (100) hours of education to an applicant
who has completed at least three hundred (300) hours of
education.
(2) For an applicant with twenty (20) or more years of actual
licensed practice as a manicurist, one (1) year of licensed practice
is equal to one hundred (100) hours of education to an applicant
who has completed at least one hundred (100) hours of education.
(d) This subsection applies only to applications for an electrologist
license under IC 25-8-10. If the jurisdiction issuing a license does not
impose substantially equal requirements for education hours as
required under subsection (a)(2), the board may approve the
combination of education hours plus actual licensed practice in the
other jurisdiction when issuing a license to a person from that
jurisdiction. One (1) year of licensed practice as an electrologist is
equal to one hundred (100) hours of education to an applicant who has
completed at least two hundred (200) hours of education.
(e) This subsection applies only to applications for an esthetician
license under IC 25-8-12.5. If the jurisdiction issuing a license does not
impose substantially equal requirements for education hours as
required under subsection (a)(2), the board may approve the
combination of education hours plus actual licensed practice in the
other jurisdiction when issuing a license to a person from that
jurisdiction. One (1) year of licensed practice as an esthetician is equal
to one hundred (100) hours of education to an applicant who has
completed at least four hundred (400) hours of education.
(f) This subsection applies only to applications for a beauty culture
instructor license under IC 25-8-6. If the jurisdiction issuing a license
does not impose substantially equal requirements for education hours
as required under subsection (a)(2), the board may approve the
combination of education hours plus actual licensed practice in the
other jurisdiction when issuing a license to a person from that
jurisdiction. One (1) year of licensed practice as a beauty culture
instructor is equal to one hundred (100) hours of education to an
applicant who has completed at least seven hundred (700) hours of
education.
(g) This subsection applies only to applications for a barber
license under IC 25-8-12.1. If the jurisdiction issuing the license
does not impose substantially equivalent requirements as required
under subsection (a)(2), the board may approve a combination of
education hours plus actual licensed practice in the other
jurisdiction when issuing a license to a person from that
jurisdiction. One (1) year of licensed practice is equal to one
hundred (100) hours of education to an applicant who has
completed at least one thousand (1,000) hours of education.
SOURCE: IC 25-8-4-4; (10)SE0356.1.39. -->
SECTION 39. IC 25-8-4-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. A license issued
under this article may not be transferred unless:
(1) the license is a cosmetology salon or barber shop license;
and
(2) the person holding the license was required to change the
location of the cosmetology salon or barber shop by
circumstances that the board determines were beyond the control
of that person.
SOURCE: IC 25-8-4-7; (10)SE0356.1.40. -->
SECTION 40. IC 25-8-4-7, AS AMENDED BY P.L.157-2006,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 7. (a) Each applicant must pass a final practical
demonstration examination of the acts permitted by the license. The
applicant's cosmetology school or barber school shall administer the
final practical demonstration examination.
(b) The board shall conduct a written examination of the applicants
for a cosmetologist license and a barber license at least once each
month. The board shall conduct a written examination of the applicants
for all other licenses issued under this article at least four (4) times
each year. The written examinations described in this section:
(1) shall be conducted at the times and places determined by the
board; and
(2) may be administered through computer based testing.
SOURCE: IC 25-8-4-8; (10)SE0356.1.41. -->
SECTION 41. IC 25-8-4-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8. The examinations
described in section 7 of this chapter must include:
(1) a practical demonstration of the acts permitted by the license;
and
(2) a written test concerning the licensed activity, as it is
customarily taught in a cosmetology school or barber school.
SOURCE: IC 25-8-4-11; (10)SE0356.1.42. -->
SECTION 42. IC 25-8-4-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 11. A person who holds
a cosmetology school license or a barber school license shall display
a sign that complies with standards prescribed by the board on the
premises of that establishment indicating that the establishment is a
cosmetology school or barber school licensed under this article.
SOURCE: IC 25-8-4-13; (10)SE0356.1.43. -->
SECTION 43. IC 25-8-4-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 13. A person who holds
any license issued under this chapter except the licenses described in
section 11 of this chapter shall display the license in a conspicuous
place in that person's work area in the cosmetology salon, or
cosmetology school, barber shop, or barber school where the person
is employed. The license must be clearly visible to a customer of that
person who is present in the licensed person's work area.
SOURCE: IC 25-8-4-17; (10)SE0356.1.44. -->
SECTION 44. IC 25-8-4-17, AS AMENDED BY P.L.177-2009,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 17. (a) Except for an instructor license issued
under subsection (d),
or IC 25-8-6-1,
or IC 25-8-6.4, a license issued
under this article expires on a date specified by the licensing agency
under IC 25-1-6-4 and expires four (4) years after the initial expiration
date.
(b) A license issued to an instructor under IC 25-8-6-1
or
IC 25-8-6.4 expires at the time that the instructor's practitioner license
expires. The board shall renew an instructor's license under this
subsection concurrently with the instructor's practitioner license.
(c) Except as provided in IC 25-8-9-11, a person who holds a license
under this article may apply for renewal.
(d) Initial provisional licenses are valid for a length of time
determined by the board, but not to exceed two (2) years.
SOURCE: IC 25-8-6.3; (10)SE0356.1.45. -->
SECTION 45. IC 25-8-6.3 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]:
Chapter 6.3. Barber School Licenses
Sec. 1. The board may issue a license under this article to
operate a barber school.
Sec. 2. A person must file a verified application with the board
on a form prescribed by the board to obtain a barber school
license.
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 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 a 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.
Sec. 4. (a) A barber school licensed under this chapter shall
require each student for graduation to pass a final examination
that tests the student's practical knowledge of the curriculum
studied.
(b) The board shall consider an applicant for the barbering
professional examination as fulfilling the practical examination
requirement established in IC 25-8-4-7 after successfully
completing the final practical demonstration examination.
(c) A passing score of at least seventy-five percent (75%) is
required on the final practical demonstration examination.
(d) A barber school licensed under this chapter shall allow each
student for graduation at least three (3) attempts to pass the final
practical demonstration examination.
(e) The board may monitor the administration of the final
practical demonstration examination for any of the following
purposes:
(1) As a result of a complaint received.
(2) As part of random observations.
(3) To collect data.
Sec. 5. The board may adopt rules under IC 4-22-2 requiring
that the curriculum offered by a barber school licensed under this
chapter provide a minimum number of hours of instruction in each
of the subjects described in section 3(3) of this chapter.
Sec. 6. A barber school licensed under this chapter shall display
a sign:
(1) that complies with standards established by the board;
(2) at each entrance used by the school's customers; and
(3) that states that students perform barbering in the
establishment.
SOURCE: IC 25-8-6.4; (10)SE0356.1.46. -->
SECTION 46. IC 25-8-6.4 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]:
Chapter 6.4. Barber Instructor Licenses
Sec. 1. The board may license a person to be an instructor.
Sec. 2. A person must file a verified application with the board
on a form prescribed by the board to obtain an instructor license.
Sec. 3. The application described in section 2 of this chapter
must state that the applicant:
(1) holds a barber license issued under this article;
(2) has graduated from high school or received a high school
equivalency certificate;
(3) has successfully completed at least nine hundred (900)
hours of instruction in the theory and practice of instructor
training as a student in a barber school;
(4) has received a satisfactory grade of at least seventy-five
percent (75%) on an examination for instructor license
applicants prescribed by the board; and
(5) has paid the fee set forth in IC 25-8-13 for the issuance of
a license under this chapter.
Sec. 4. (a) If a person does not receive a satisfactory grade on
the examination described in IC 25-8-4-7, the person may repeat
the examination subject to the rules governing the examination
adopted by the board.
(b) If a person does not receive a satisfactory grade on the
examination described in subsection (a), the board may:
(1) refuse to permit the person to take the examination again;
or
(2) permit the person to take the examination again subject to
the rules governing the examination adopted by the board.
SOURCE: IC 25-8-8.1; (10)SE0356.1.47. -->
SECTION 47. IC 25-8-8.1 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]:
Chapter 8.1. Barber Shop Licenses
Sec. 1. The board may issue a license under this article to
operate a barber shop.
Sec. 2. A person who wishes to obtain a barber shop license
must:
(1) select a site for the barber shop that, if located in the same
building as a residence:
(A) is separated from the residence by a substantial floor
to ceiling partition; and
(B) has a separate entrance from the residence;
(2) obtain:
(A) a building permit;
(B) a certificate of occupancy; or
(C) any other approval action required under IC 22-15-3
and IC 36-7-4;
required to operate the barber shop;
(3) install furnishings and obtain shop equipment required
under rules adopted by the board; and
(4) submit a verified statement on a form prescribed by the
board that the barber shop will be under the personal
supervision of a barber licensed under this article.
Sec. 3. The board may issue a license under this chapter if the
applicant has:
(1) complied with section 2 of this chapter; and
(2) paid the fee for the license set forth in IC 25-8-13.
Sec. 4. A person holding a license issued under this chapter shall
display a sign complying with standards prescribed by the board.
The sign must:
(1) be clearly visible to a customer entering the establishment
at the shop's main public entrance; and
(2) state in legible printing that the establishment is licensed
as a barber shop.
Sec. 5. (a) If:
(1) the board cannot determine whether an applicant has
complied with section 2 of this chapter at the time the
application is filed; and
(2) the board determines that more than fifteen (15) days are
required to determine if the applicant has complied with
section 2 of this chapter;
the board shall issue a temporary barber shop license to the
applicant.
(b) A temporary license issued under subsection (a) is valid
until:
(1) the board approves or denies the application for a license
under this chapter; or
(2) three (3) months after the issuance of the temporary
license;
whichever occurs first.
SOURCE: IC 25-8-12.1; (10)SE0356.1.48. -->
SECTION 48. IC 25-8-12.1 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]:
Chapter 12.1. Barber Licenses
Sec. 1. The board may license a person to be a barber.
Sec. 2. A person must file a verified application with the board
on a form prescribed by the board to obtain a barber license.
Sec. 3. The application described in section 2 of this chapter
must state that the applicant:
(1) is either:
(A) at least eighteen (18) years of age; or
(B) at least seventeen (17) years of age and is a graduate of
an accredited high school;
(2) has graduated from an approved barber school with not
less than one thousand five hundred (1,500) hours of training;
(3) has received a satisfactory grade of at least seventy-five
percent (75%) on an examination for barber license
applicants prescribed by the board;
(4) has not committed an act that could subject the applicant
to discipline under IC 25-1-11; and
(5) has paid the fee set forth in IC 25-8-13 for the issuance of
a license under this chapter.
Sec. 4. (a) If a person does not receive a satisfactory grade on
the examination described in IC 25-8-4-7, that person may repeat
the examination subject to the rules governing the examination
adopted by the board.
(b) If a person does not receive a satisfactory grade on the
examination described in subsection (a), the board may:
(1) refuse to permit the person to take the examination again;
or
(2) permit the person to take the examination again subject to
the rules governing the examination adopted by the board.
Sec. 5. A person licensed under this chapter may not engage in
barbering in a barber school except as part of student instruction.
Sec. 6. A person licensed under this chapter may not engage in
barbering outside a barber shop unless the person:
(1) has the permission of a person who holds a barber shop
license and:
(A) employs; or
(B) leases or subleases a part of a shop to;
the person licensed under this chapter; and
(2) complies with any other practice restrictions established
by the board under this chapter.
Sec. 7. The board may issue a temporary work permit to
practice barbering.
Sec. 8. A person must file a verified application with the board
on a form prescribed by the board to obtain a temporary work
permit.
Sec. 9. The application described in section 8 of this chapter
must state that the applicant will practice barbering under the
supervision of a barber, and:
(1) has filed an application under section 2 of this chapter, but
has not taken the examination described in IC 25-8-4-7; or
(2) has filed an application under IC 25-8-4-2(g) and is
awaiting board determination as described in IC 25-8-4-2(g).
Sec. 10. (a) Except when held by a barber applicant who has
filed an application under IC 25-8-4-2(g), a work permit issued
under section 7 of this chapter expires:
(1) three (3) months after the date of issuance; or
(2) thirty (30) days after the permit holder takes the
examination described in IC 25-8-4-7;
whichever occurs first.
(b) A work permit held by a barber license applicant who has
filed an application under IC 25-8-4-2(g) expires thirty (30) days
after board determination as described in IC 25-8-4-2(g).
Sec. 11. The board may not:
(1) renew or reinstate a work permit; or
(2) grant a person more than one (1) work permit;
issued under section 7 of this chapter.
Sec. 12. A person who:
(1) enters active military service of the United States or of this
state:
(A) in time of war or an emergency;
(B) for or during a period of training; or
(C) in connection with or under the operation of a system
of selective service; and
(2) at the time of entry holds a valid license as a registered
barber;
shall be granted a similar certificate of registration or license upon
presenting to the board an honorable discharge from military
service, dated not more than six (6) months before the time of the
presentation. The similar certificate or license shall be granted by
the board upon payment of a fee established by the board.
Sec. 13. (a) This section applies only to applications for a barber
license under this chapter.
(b) If an applicant comes from a jurisdiction that does not issue
a barber license, the board may issue an initial provisional license
to an applicant who meets the following requirements:
(1) The board finds that the applicant has sufficient training
or experience as a barber.
(2) The applicant has not committed an act that would
constitute a violation of the standards of practice under
IC 25-1-11.
(3) The applicant pays a fee established by the board under
IC 25-1-8.
(c) An applicant who has been granted an initial provisional
license must work under the supervision of a licensed barber.
(d) A person who holds an initial provisional license may apply
for renewal of a barber license under this article.
(e) The holder of a provisional license may petition the board
for the issuance of a barber license to practice without supervision.
The holder of a provisional license who demonstrates to the board
that the holder may satisfactorily practice without supervision
shall be released from terms of the provisional license and is
entitled to hold a license under this chapter.
SOURCE: IC 25-8-13-2; (10)SE0356.1.49. -->
SECTION 49. IC 25-8-13-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. The board may not
charge a fee for:
(1) transferring a cosmetology salon license under IC 25-8-4-4 or
barber shop license under IC 25-8-8.1; or
(2) issuing a temporary license to practice cosmetology under
IC 25-8-7-6 or a temporary work permit to practice barbering
under IC 25-8-12.1-7.
SOURCE: IC 25-8-13-3; (10)SE0356.1.50. -->
SECTION 50. IC 25-8-13-3, AS AMENDED BY P.L.157-2006,
SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 3. (a) The board shall charge a fee established by
the board under IC 25-1-8-2 for an application to issue or renew a
cosmetology school or barber school license.
(b) The board shall charge a fee established under IC 25-1-8-6 for
reinstating a cosmetology school or barber school license.
SOURCE: IC 25-8-13-4; (10)SE0356.1.51. -->
SECTION 51. IC 25-8-13-4, AS AMENDED BY P.L.157-2006,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 4. (a) The board shall charge a fee established by
the board under IC 25-1-8-2 for issuing or renewing
(1) a cosmetology instructor license;
(2) an esthetics instructor license; or
(3) an electrology instructor license.
(b) The board shall charge a fee established under IC 25-1-8-6 for
reinstating an instructor license.
SOURCE: IC 25-8-13-5; (10)SE0356.1.52. -->
SECTION 52. IC 25-8-13-5, AS AMENDED BY P.L.157-2006,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 5. (a) The board shall charge a fee established by
the board under IC 25-1-8-2 for issuing or renewing:
(1) a cosmetology salon license;
(2) an electrology salon license;
(3) an esthetic salon license; or
(4) a manicurist salon license; or
(5) a barber shop license.
(b) The board shall charge a fee established under IC 25-1-8-6 for
reinstating:
(1) a cosmetology salon license;
(2) an electrology salon license;
(3) an esthetic salon license; or
(4) a manicurist salon license; or
(5) a barber shop license.
SOURCE: IC 25-8-13-12.1; (10)SE0356.1.53. -->
SECTION 53. IC 25-8-13-12.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 12.1. (a) The board shall establish
fees under IC 25-1-8-2 for providing an examination to an
applicant for a barber license.
(b) The board shall establish fees under IC 25-1-8-2 for issuing
or renewing a barber license.
(c) The board shall charge a fee established under IC 25-1-8-6
for reinstating a barber license.
(d) The board shall charge a fee established by the board under
IC 25-1-8-2 for issuing a license to a person who holds a barber
license from another jurisdiction that meets the requirements
under IC 25-8-4-2.
SOURCE: IC 25-8-14-6; (10)SE0356.1.54. -->
SECTION 54. IC 25-8-14-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6. (a) A person who:
(1) is a cosmetologist, a manicurist, an electrologist, an
esthetician,
a barber, or an instructor; and
(2) knowingly performs any act authorized by a license issued
under this article while the person has an infectious, a contagious,
or a communicable disease that has been epidemiologically
demonstrated to be transmitted through casual contact;
commits a Class C infraction.
(b) A person who knowingly attends a cosmetology school
or a
barber school as a student while the person has an infectious, a
contagious, or a communicable disease that has been epidemiologically
demonstrated to be transmitted through casual contact commits a Class
C infraction.
SOURCE: IC 25-23.6-4-1; (10)SE0356.1.55. -->
SECTION 55. IC 25-23.6-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. An individual may
not:
(1) profess to be a social worker, licensed social worker, or
licensed clinical social worker;
(2) use the title:
(A) "social worker";
(A) (B) "licensed social worker";
(B) (C) "licensed clinical social worker";
(C) (D) "clinical social worker";
(D) (E) "psychiatric social worker"; or
(E) (F) "psychosocial worker";
(3) use any other title containing the words "social worker",
"licensed social worker", or "licensed clinical social worker";
(4) use any other words, letters, abbreviations, or insignia
indicating or implying that the individual is a social worker,
licensed social worker, or licensed clinical social worker; or
(5) practice as a social worker, licensed social worker, or clinical
social worker for compensation;
unless the individual is licensed under this article.
SOURCE: IC 25-23.6-4.5-1; (10)SE0356.1.56. -->
SECTION 56. IC 25-23.6-4.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1.
(a) An individual
may not:
(1) profess to be a licensed mental health counselor;
(2) use the title:
(A) "licensed mental health counselor";
(B) "mental health counselor"; or
(C) "mental health therapist";
(3) use any other words, letters, abbreviations, or insignia
indicating or implying that the individual is a licensed mental
health counselor; or
(4) practice mental health counseling for compensation;
unless the individual is licensed under this article, IC 25-22.5, or
IC 25-33.
(b) An individual may not:
(1) profess to be a licensed mental health counselor associate;
(2) use the title:
(A) "licensed mental health counselor associate";
(B) "mental health counselor associate"; or
(C) "mental health therapist associate";
(3) use any other words, letters, abbreviations, or insignia
indicating or implying that the individual is a licensed mental
health counselor associate; or
(4) practice mental health counseling for compensation;
unless the individual is licensed under this article, IC 25-22.5, or
IC 25-33.
SOURCE: IC 25-23.6-4.5-3; (10)SE0356.1.57. -->
SECTION 57. IC 25-23.6-4.5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. (a) An individual
who is licensed as a mental health counselor shall:
(1) display the license or a clear copy of the license at each
location where the mental health counselor regularly practices;
and
(2) include the words "licensed mental health counselor" or the
letters "LMHC" on all promotional materials, including business
cards, brochures, stationery, advertisements, and signs that name
the individual.
(b) An individual who is licensed as a mental health counselor
associate shall:
(1) display the license or a clear copy of the license at each
location where the mental health counselor associate regularly
practices; and
(2) include the words "licensed mental health counselor
associate" or the letters "LMHCA" on all promotional
materials, including business cards, brochures, stationery,
advertisements, and signs that name the individual.
SOURCE: IC 25-23.6-8.5-1; (10)SE0356.1.58. -->
SECTION 58. IC 25-23.6-8.5-1, AS AMENDED BY P.L.2-2007,
SECTION 340, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 1. An individual who applies for a
license as a mental health counselor must meet the following
requirements:
(1) Furnish satisfactory evidence to the board that the individual
has:
(A) received a master's or doctor's degree in an area related to
mental health counseling from:
(i) an eligible postsecondary educational institution that
meets the requirements under section 2 of this chapter; or
(ii) a foreign school that has a program of study that meets
the requirements under section 2 of this chapter;
(B) completed the educational requirements under section 3 of
this chapter; and
(C) completed the experience requirements under section 4 of
this chapter.
(2) Furnish satisfactory evidence to the board that the
individual:
(A) except as provided in section 1.7 of this chapter, holds
a mental health counselor associate, in good standing,
issued under section 7 of this chapter; or
(B) is licensed or certified to practice as a mental health
counselor in another state and is otherwise qualified under
this chapter.
(2) (3) Furnish satisfactory evidence to the board that the
individual does not have a conviction for a crime that has a direct
bearing on the individual's ability to practice competently.
(3) (4) Furnish satisfactory evidence to the board that the
individual 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 individual was not able to practice as a
mental health counselor without endangering the public.
(4) (5) Pass an examination provided by the board.
(5) (6) Pay the fee established by the board.
SOURCE: IC 25-23.6-8.5-1.5; (10)SE0356.1.59. -->
SECTION 59. IC 25-23.6-8.5-1.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]:
Sec. 1.5. An individual who applies for
a license as a mental health counselor associate must meet the
following requirements:
(1) Furnish satisfactory evidence to the board that the
individual has:
(A) received a master's or doctor's degree in mental health
counseling therapy or in a related area as determined by
the board from an institution of higher education that
meets the requirements under section 2 of this chapter or
from a foreign school that has a program of study that
meets the requirements under section 2(3)(A) or 2(3)(B) of
this chapter; and
(B) completed the educational requirements under section
3 of this chapter.
(2) Furnish satisfactory evidence to the board that the
individual does not have a conviction for a crime that has a
direct bearing on the individual's ability to practice
competently.
(3) Furnish satisfactory evidence to the board that the
individual 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 individual was not able to
practice as a mental health counselor associate without
endangering the public.
(4) Pay the fee established by the board.
(5) Pass an examination provided by the board.
SOURCE: IC 25-23.6-8.5-1.7; (10)SE0356.1.60. -->
SECTION 60. IC 25-23.6-8.5-1.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 1.7. An individual who receives
a master's degree and enters a doctoral program may do either of
the following:
(1) Apply for a mental health counselor associate license
under section 1.5 of this chapter by meeting the requirements
of this chapter.
(2) Elect not to apply for a mental health counselor associate
license under section 1.5 of this chapter, accrue the clinical
experience required under section 4 of this chapter, and apply
for a mental health counselor license at the conclusion of the
doctoral program.
SOURCE: IC 25-23.6-8.5-2; (10)SE0356.1.61. -->
SECTION 61. IC 25-23.6-8.5-2, AS AMENDED BY P.L.2-2007,
SECTION 341, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 2. An applicant for a mental
health counselor license under section 1 of this chapter or a mental
health counselor associate license under section 1.5 of this chapter
must have received a master's or doctor's degree in an area related to
mental health counseling from an eligible postsecondary educational
institution that meets the following requirements:
(1) If the institution was located in the United States or a territory
of the United States, at the time of the applicant's graduation the
institution was accredited by a regional accrediting body
recognized by the Commission on Recognition of Postsecondary
Accreditation.
(2) If the institution was located in Canada, at the time of the
applicant's graduation the institution was a member in good
standing with the Association of Universities and Colleges of
Canada.
(3) If the institution was located in a foreign country other than
Canada, at the time of the applicant's graduation the institution:
(A) was recognized by the government of the country where
the school was located as a program to train in the practice of
mental health counseling or psychotherapy counseling; and
(B) maintained a standard of training substantially equivalent
to the standards of institutions accredited by a regional
accrediting body recognized by the Commission on
Recognition of Postsecondary Accreditation.
SOURCE: IC 25-23.6-8.5-3; (10)SE0356.1.62. -->
SECTION 62. IC 25-23.6-8.5-3, AS AMENDED BY P.L.2-2007,
SECTION 342, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 3. An applicant as a mental health
counselor under section 1 of this chapter or a mental health
counselor associate under section 1.5 of this chapter must complete
the following educational requirements:
(1) Complete sixty (60) semester hours of graduate course work
in counseling that must include either a master's degree that
required not less than forty-eight (48) semester hours or a doctor's
degree in counseling. The graduate course work must include the
following content areas:
(A) Human growth and development.
(B) Social and cultural foundations of counseling.
(C) Helping relationship, including counseling theory and
practice.
(D) Group dynamics, processes, counseling, and consultation.
(E) Lifestyle and career development.
(F) Assessment and appraisal of individuals.
(G) Research and program evaluation.
(H) Professional orientation and ethics.
(I) Foundations of mental health counseling.
(J) Contextual dimensions of mental health counseling.
(K) Knowledge and skills for the practice of mental health
counseling and psychotherapy.
(L) Clinical instruction.
(2) Not less than one (1) supervised clinical practicum, internship,
or field experience in a counseling setting, which must include a
minimum of one thousand (1,000) clock hours consisting of one
(1) practicum of one hundred (100) hours, one (1) internship of
six hundred (600) hours, and one (1) advanced internship of three
hundred (300) hours with at least one hundred (100) hours of face
to face supervision. This requirement may be met by a supervised
practice experience that took place away from an eligible
postsecondary educational institution but that is certified by an
official of the eligible postsecondary educational institution as
being equivalent to a clinical mental health graduate level
practicum or internship program at an institution accredited by an
accrediting agency approved by the United States Department of
Education or the Association of Universities and Colleges of
Canada.
SOURCE: IC 25-23.6-8.5-4; (10)SE0356.1.63. -->
SECTION 63. IC 25-23.6-8.5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4.
(a) As used in this
section, "first available examination" means the first examination
after the date of an individual's:
(1) graduation; or
(2) moving into Indiana;
that has an application deadline that is at least thirty (30) days
after the date of graduation or the date of moving into Indiana,
unless the individual chooses to meet a deadline that is less than
thirty (30) days after either of those events.
(a) (b) The applicant must have at least three thousand (3,000)
hours of post-graduate clinical experience over a two (2) year period.
The clinical experience must consist of one hundred (100) hours of
face to face supervision under the supervision of a licensed mental
health counselor or an equivalent supervisor, as determined by the
board.
(b) (c) A doctoral internship may be applied toward the supervised
work experience requirement.
(c) (d) Except as provided in subsection (d), (e), the clinical
experience requirement may be met by work performed at or away
from the premises of the supervising mental health counselor.
(d) (e) The clinical work requirement may not be performed away
from the supervising mental health counselor's premises if:
(1) the work is the independent private practice of mental health
counseling; and
(2) the work is not performed at a place that has the supervision
of a licensed mental health counselor or an equivalent supervisor,
as determined by the board.
(f) If an individual applies for, takes, and passes the first
available examination, the individual may not count more than one
thousand five hundred (1,500) hours of the postdegree clinical
experience that is:
(1) required under subsection (b); and
(2) accumulated before taking the examination toward
licensure as a mental health counselor.
(g) If an individual does not pass the first available examination,
the individual may:
(1) retain the hours accumulated before taking the
examination;
(2) continue working; and
(3) not accumulate any additional hours toward licensure as
a mental health counselor until passing the examination.
(h) If an individual does not take the first available examination,
the individual may not begin accumulating any postdegree clinical
experience hours toward licensure as a mental health counselor
until the individual passes the examination.
SOURCE: IC 25-23.6-8.5-5; (10)SE0356.1.64. -->
SECTION 64. IC 25-23.6-8.5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. An individual who
satisfies the requirements of:
(1) sections section 1 or 1.5 of this chapter; and
(2) section 2 of this chapter;
may take the examination provided by the board.
SOURCE: IC 25-23.6-8.5-7; (10)SE0356.1.65. -->
SECTION 65. IC 25-23.6-8.5-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 7. (a) The board shall
issue a license to an individual applicant as a mental health
counselor under section 1 of this chapter or a mental health
counselor associate under section 1.5 of this chapter who:
(1) achieves a passing score, as determined by the board, on the
examination provided under this chapter; and
(2) is otherwise qualified under this article.
(b) A person issued a license under this section may engage in
the practice of mental health counseling.
SOURCE: IC 25-23.6-8.5-8; (10)SE0356.1.66. -->
SECTION 66. IC 25-23.6-8.5-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8. (a) A mental health
counselor license issued by the board is valid for the remainder of the
renewal period in effect on the date the certificate license was issued.
(b) An individual may renew a mental health counselor license by:
(1) paying a renewal fee on or before the expiration date of the
license; and
(2) completing at least twenty (20) hours of continuing education
per licensure year.
(c) If an individual fails to pay a renewal fee on or before the
expiration date of a mental health counselor license, the license
becomes invalid.
SOURCE: IC 25-23.6-8.5-8.5; (10)SE0356.1.67. -->
SECTION 67. IC 25-23.6-8.5-8.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]:
Sec. 8.5. (a) A mental health counselor
associate license issued by the board is valid for the remainder of
the renewal period in effect on the date the license was issued.
(b) An individual may renew a mental health counselor
associate license two (2) times by:
(1) paying a renewal fee on or before the expiration date of
the license; and
(2) completing at least twenty (20) hours of continuing
education per licensure year.
(c) The board may renew a mental health counselor associate
license for additional periods based on circumstances determined
by the board.
(d) If an individual fails to pay a renewal fee on or before the
expiration date of a mental health counselor associate license, the
license becomes invalid.
SOURCE: IC 25-23.6-8.5-9; (10)SE0356.1.68. -->
SECTION 68. IC 25-23.6-8.5-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 9. (a) The board may
reinstate an invalid mental health counselor license up to three (3)
years after the expiration date of the license if the individual holding
the invalid license meets the requirements under IC 25-1-8-6.
(b) If more than three (3) years have elapsed since the date a mental
health counselor license expired, the individual holding the license
may reinstate the invalid license by satisfying the requirements for
reinstatement established by the board and meeting the requirements
under IC 25-1-8-6.
(c) The board may reinstate an invalid mental health counselor
associate license up to one (1) year after the expiration date of the
license if the individual holding the invalid license meets the
requirements under IC 25-1-8-6. A mental health counselor
associate license that has been expired for more than one (1) year
may not be reinstated under IC 25-1-8-6.
SOURCE: IC 25-23.6-8.5-13; (10)SE0356.1.69. -->
SECTION 69. IC 25-23.6-8.5-13 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 13. (a) An individual who, before
July 1, 2010, receives a master's or doctoral degree described in
IC 25-23.6-8.5-1(1)(A) or IC 25-23.6-8.5-1.5(1)(A) and who seeks
licensure under IC 25-23.6-8.5 may do either of the following:
(1) Seek a mental health counselor associate license by:
(A) applying for a mental health counselor associate license
under IC 25-23.6-8.5 if the individual meets the
requirements under IC 25-23.6-8.5; and
(B) taking the required examination.
Notwithstanding IC 25-23.6-8.5-4(f), any postdegree clinical
experience that the individual obtained before July 1, 2010,
counts toward the requirements of IC 25-23.6-8.5.
(2) Seek a mental health counselor license by applying for a
mental health counselor license under IC 25-23.6-8.5, if the
individual meets the requirements under IC 25-23.6-8.5.
(b) This SECTION expires June 30, 2015.
SOURCE: IC 25-26-13-4.3; (10)SE0356.1.70. -->
SECTION 70. IC 25-26-13-4.3 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]:
Sec. 4.3. (a) Any rules adopted by the
controlled substances advisory committee (IC 35-48-2-1 (before its
abolishment)) before July 1, 2010, shall be treated as rules of the
Indiana board of pharmacy (IC 25-26).
(b) This section expires July 1, 2015.
SOURCE: IC 25-34.1-6-2; (10)SE0356.1.71. -->
SECTION 71. IC 25-34.1-6-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. (a) A person who:
(1) performs the acts of a salesperson without a salesperson
license;
(2) performs the acts of a broker without a broker license; or
(3) conducts, or solicits or accepts enrollment of students for, a
course as prescribed in IC 25-34.1-3 without course approval;
commits a Class A infraction. Upon conviction for an offense under
this section, the court shall add to any fine imposed the amount of any
fee or other compensation earned in the commission of the offense.
Each transaction constitutes a separate offense.
(b) In all actions for the collection of a fee or other compensation for
performing acts regulated by this article, it must be alleged and proved
that, at the time the cause of action arose, the party seeking relief was
not in violation of this section.
(c) The commission may issue a cease and desist order to prevent
violations of this section.
(1) If the commission determines that a person is violating this
section, or is believed to be violating this section, the commission
may issue an order to that person setting forth the time and place
for a hearing at which the affected person may appear and show
cause as to why the challenged activities are not in violation of
this section.
(2) After an opportunity for hearing, if the commission determines
that the person is violating this section, the commission shall
issue a cease and desist order which shall describe the person and
activities which are the subject of the order.
(3) A cease and desist order issued under this section is
enforceable in the circuit courts of this state.
(d) The attorney general, the commission, or the prosecuting
attorney of any county in which a violation occurs may maintain an
action in the name of the state to enjoin a person from violating this
section.
(e) In charging any person in a complaint for an injunction or in
affidavit, information, or indictment with the violation of the provisions
of this section, it is sufficient, without averring any further or more
particular facts, to charge that the person upon a certain day and in a
certain county either acted as a real estate broker or salesperson not
having a license or conducted, or solicited or accepted enrollment of
students for, a broker or salesperson course without course approval.
(f) (c) Each enforcement procedure established in this section and
IC 25-1-7-14 is supplemental to other enforcement procedures
established in this section.
SOURCE: IC 25-34.1-8-12; (10)SE0356.1.72. -->
SECTION 72. IC 25-34.1-8-12, AS AMENDED BY P.L.3-2008,
SECTION 204, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 12. (a) A person who:
(1) performs:
(A) the acts of a licensed real estate appraiser without a
license; or
(B) the acts of a certified real estate appraiser without a
certificate; or
(2) conducts or solicits or accepts enrollment of students for a
course without course approval as required by section 13 of this
chapter;
commits a Class B infraction. When a judgment is entered for an
offense under this section, the court shall add to any fine imposed the
amount of any fee or other compensation earned in the commission of
the offense. Each transaction constitutes a separate offense.
(b) In all actions for the collection of a fee or other compensation for
performing acts regulated by this article, a party seeking relief must
allege and prove that at the time the cause of action arose the party was
not in violation of this section.
(c) The attorney general, the board, or the prosecuting attorney of
any county in which a violation occurs may maintain an action in the
name of the state of Indiana to enjoin a person from violating this
section.
(d) In charging any person in a complaint for a judgment or an
injunction for the violation of this section, it is sufficient, without
averring any further or more particular facts, to charge that the person
upon a certain day and in a certain county:
(1) acted as:
(A) a certified real estate appraiser without a certificate; or
(B) a licensed real estate appraiser without a license; or
(2) conducted, or solicited or accepted enrollment of students for
a real estate appraiser course without course approval.
(e) Each enforcement procedure established in this section and
IC 25-1-7-14 is supplemental to other enforcement procedures
established in this section.
SOURCE: IC 25-39-1.5-1; (10)SE0356.1.73. -->
SECTION 73. IC 25-39-1.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. For the purposes of
this article, the occupation of a licensed water well driller licensee is
a regulated occupation under IC 25-1-7-1.
SOURCE: IC 25-39-1.5-2; (10)SE0356.1.74. -->
SECTION 74. IC 25-39-1.5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. For the purposes of
licensing a water well drillers driller and well water pump installer
under IC 25-39-3, the department of natural resources is a "board"
under IC 25-1-8-1.
SOURCE: IC 25-39-1.5-3; (10)SE0356.1.75. -->
SECTION 75. IC 25-39-1.5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. IC 25-39-3 and
IC 25-39-4 do not apply to the following:
(1) A person who installs a well that:
(A) is for personal use; and
(B) is not greater than one and one-fourth (1 1/4) inches inside
diameter and not greater than twenty-four (24) feet deep.
(2) A plumber who:
(A) is licensed under IC 25-28.5;
(B) is registered with the department under section 4 of this
chapter; and
(C) installs wells that are not greater than one and one-fourth
(1 1/4) inches inside diameter and not greater than twenty-four
(24) feet deep.
(3) A person who installs or repairs a water well pump or
water well pumping equipment for personal use.
(4) A person who is working under the direction and personal
supervision of a person who holds a license.
SOURCE: IC 25-39-1.5-4; (10)SE0356.1.76. -->
SECTION 76. IC 25-39-1.5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. A plumber licensed
under IC 25-28.5 must register with the department before the plumber
installs a well or well water pump.
SOURCE: IC 25-39-2-12; (10)SE0356.1.77. -->
SECTION 77. IC 25-39-2-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 12. "License" refers to
a water well driller's and water well pump installer's license issued
by the department under this chapter. article.
SOURCE: IC 25-39-2-12.5; (10)SE0356.1.78. -->
SECTION 78. IC 25-39-2-12.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 12.5. "Licensee" refers to a
person who has been issued a water well driller's and water well
pump installer's license issued by the department under this
article.
SOURCE: IC 25-39-2-15.5; (10)SE0356.1.79. -->
SECTION 79. IC 25-39-2-15.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]:
Sec. 15.5. "Water well pump
installer" means a person who installs or repairs water well
pumps.
SOURCE: IC 25-39-3-1; (10)SE0356.1.80. -->
SECTION 80. IC 25-39-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. (a) An individual
may not be a water well driller or water well pump installer without
a license.
(b) The department shall issue a license to each individual who
applies and qualifies for a license under this chapter.
(c) The license of the licensee operating well drilling equipment or
installing a water well pump shall be carried by the licensee and
presented for inspection by a representative of the department upon
request.
(d) Every license expires on December 31 of the year for which it
was issued.
SOURCE: IC 25-39-3-2; (10)SE0356.1.81. -->
SECTION 81. IC 25-39-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. (a) An application
for a license must be made on a form prescribed by the commission in
rules adopted under IC 4-22-2. The purpose of the form is to identify
the applicant and obtain information to determine if the applicant is
qualified to be licensed.
(b) An application for an original license or a license renewal must
be accompanied by a license fee of one hundred dollars ($100).
(c) Unless an applicant has held an original license for less than
one (1) year, a license renewal application must be accompanied
by:
(1) a copy of the continuing education verification of
attendance forms; and
(2) a statement by the applicant attesting that the applicant
has complied with the continuing education requirements
under IC 25-39-6.
SOURCE: IC 25-39-3-3; (10)SE0356.1.82. -->
SECTION 82. IC 25-39-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. (a) To qualify for an
original license an individual must:
(1) be at least eighteen (18) years of age;
(2) furnish evidence from three (3) references, two (2) of whom
are water well drillers, water well pump installers, or licensed
plumbing contractors familiar with the applicant's work
experience and professional competency; and
(3) have successfully completed a competency examination
prepared and administered by the department.
(b) The competency examination shall be administered at least two
(2) times every calendar year.
(c) The fee to take the competency examination shall be set by the
director under IC 25-1-8. This fee is nonrefundable and must be paid
each time an applicant applies to take the examination.
SOURCE: IC 25-39-3-3.5; (10)SE0356.1.83. -->
SECTION 83. IC 25-39-3-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 3.5. (a) Notwithstanding this
article, an individual, who is not exempt under this article, is not
required to have a license to install a water well pump until
January 1, 2011.
(b) Notwithstanding section 3 of this chapter, the department
shall issue an original license to an applicant who meets the
following qualifications:
(1) Is at least eighteen (18) years of age.
(2) Furnishes evidence that the applicant has installed water
well pumps for at least three (3) years.
(3) Furnishes references from three (3) individuals who are
licensed under this article and who are familiar with the
applicant's experience and competency.
(4) Complies with the requirements under section 2 of this
chapter.
(c) This section expires July 1, 2011.
SOURCE: IC 25-39-3-4; (10)SE0356.1.84. -->
SECTION 84. IC 25-39-3-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. (a) In consultation
with the Indiana Well Drilling Contractors Association and the
Indiana Ground Water Association, the department shall prepare one
(1) or more competency examinations to determine if an applicant for
a license is qualified to be a water well driller and water well pump
installer.
(b) The competency examination must include questions to
determine if the applicant for a license has adequate knowledge and
expertise concerning the following:
(1) Placement of wells.
(2) Well drilling procedures.
(3) Operations of well drilling and water well pump equipment.
(4) Contamination precautions.
(5) Installation of well casing and water well pumps.
(6) Well grouting procedures.
(7) Well screen design and installation.
(8) Pitless adapter units.
(9) Installation of pumping apparatus.
(10) Well disinfection.
(11) Sealing abandoned wells.
(12) Ground water occurrence.
(13) Aquifer characteristics.
(14) Drawdown requirements and limitations.
(15) Depth considerations.
(16) Methods of measuring well yield.
(17) The requirements of this chapter and other laws relating to
wells.
(18) Other accepted standards relating to the drilling, operation,
and abandonment of wells and water well pumps.
SOURCE: IC 25-39-4-1; (10)SE0356.1.85. -->
SECTION 85. IC 25-39-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. (a) Each water well
driller licensee shall keep accurate records for each well drilled. The
record for each well must contain the following information:
(1) The location of the well.
(2) The depth and diameter of the well.
(3) The date the contractor completed the well.
(4) The character and thickness of materials or formations drilled.
(5) The static water level and performance data of the well.
(6) Any other information required by rule.
(b) Each water well driller licensee shall, within thirty (30) days
after the completion of a well, forward a copy of the record of the well
to the department on forms prescribed or approved by the department.
SOURCE: IC 25-39-4-2; (10)SE0356.1.86. -->
SECTION 86. IC 25-39-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. (a) The commission
shall, by rule, establish standards for well siting, construction, and
operation. The standards must address the following:
(1) Placement of wells.
(2) Well drilling procedures.
(3) Operation of well drilling and water well pump equipment.
(4) Contamination precautions.
(5) Well casing and water well pump specification and
installation.
(6) Well grouting procedures.
(7) Well screen design and installation.
(8) Pitless adapter units.
(9) Installation of pumping apparatus.
(10) Well disinfection techniques.
(11) Sealing and plugging abandoned wells.
(12) Other generally accepted standards relating to the drilling,
operation, or abandonment of wells.
(b) A well that is drilled after December 31, 1987, must be drilled
in compliance with the rules adopted under this section.
SOURCE: IC 25-39-4-7; (10)SE0356.1.87. -->
SECTION 87. IC 25-39-4-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 7. (a) Under
IC 4-21.5-3-6, the director may suspend or revoke the license of a
water well driller licensee who has done any of the following:
(1) Acted as a well driller licensee without a license in violation
of this article.
(2) Secured a license through error or fraud.
(3) Failed to comply with any of the requirements of sections 1,
2, 4, 5, and 6 of this chapter.
(b) Under IC 4-21.5-3-5, the director may refuse to grant, renew, or
restore a license to a person who has done any of the following:
(1) Acted as a well driller licensee without a license in violation
of this article.
(2) Secured a license through error or fraud.
(3) Failed to comply with any of the requirements of sections 1,
2, 4, 5, and 6 of this chapter.
SOURCE: IC 25-39-4-8; (10)SE0356.1.88. -->
SECTION 88. IC 25-39-4-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8. (a) The department
may initiate injunctive proceedings in the appropriate court against a
person who acts as a water well driller licensee without a license or
while the person's license is suspended. The department may not be
compelled to give bond in such a cause.
(b) After an action has been filed and notice has been given, all
matters involved in the action shall be held in abeyance until the action
has been tried and determined.
(c) If a defendant continues to violate this article after notice of the
action has been given but before trial and determination, the
department may, upon a verified showing of those acts of the
defendant, obtain a temporary restraining order without notice. The
order is effective until the cause has been tried and determined.
SOURCE: IC 25-39-4-10; (10)SE0356.1.89. -->
SECTION 89. IC 25-39-4-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 10. Upon written
application by the owner of a well or the water well driller, licensee,
the department shall keep the record of a well confidential for a period
of one (1) year, and that record is not considered to be a public record.
SOURCE: IC 25-39-6; (10)SE0356.1.90. -->
SECTION 90. IC 25-39-6 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]:
Chapter 6. Continuing Education
Sec. 1. Except as provided in section 6 of this chapter, a licensee
who has held a license for at least one (1) calender year shall
complete six (6) actual hours of continuing education before
December 31 of each even-numbered year.
Sec. 2. A licensee shall retain the following for each continuing
education course the individual attends:
(1) A record of:
(A) the number of hours the individual spent in the
continuing education course;
(B) the name of the person or organization presenting the
continuing education course;
(C) the date, location, and title of the continuing education
course; and
(D) the number of hours of continuing education awarded
for the course.
(2) Verification that the individual attended the course.
The records and verification of attendance must be retained for
three (3) years after the individual attends a continuing education
course.
Sec. 3. (a) An institution, organization, governmental agency, or
individual that wishes to offer continuing education courses for the
purposes of this chapter must apply in writing to the department
for approval of each course. An application for approval of a
course must be received by the department not less than thirty (30)
days before the course is offered. The department shall approve or
deny an application for approval of a continuing education course
not more than ten (10) business days after receiving the
application.
(b) An application must include the following information:
(1) The title of the course and subjects that will be presented.
(2) The name of the person or organization presenting the
continuing education course.
(3) The date, location, and title of the continuing education
course.
(4) The number of hours of continuing education to be
offered.
(5) Course outlines for the subjects to be offered.
(6) The fee to be charged for each course.
(7) Any other information requested by the department.
(c) The department may approve an application for approval of
a continuing education course that addresses one (1) of the
following topics:
(1) Water well construction.
(2) Pump installation and repair.
(3) Grouting.
(4) Water sample collection and sampling.
(5) Contamination of water supplies.
(6) Other topics the department determines to be relevant for
the continued improvement of the knowledge of a license
holder.
Sec. 4. An institution, organization, governmental agency, or
individual that has been approved to offer a continuing education
course for the purposes of this chapter shall submit to the
department not more than forty-five (45) days after the course has
been completed a typed listing of the following information:
(1) The name of each individual who attended the course,
including each individual's license number.
(2) The title of the course.
(3) The name of the person or organization presenting the
continuing education course.
(4) The date, location, and title of the continuing education
course.
(5) The number of hours of continuing education each
individual received.
Sec. 5. The department shall maintain and make available to the
public a list of future continuing education courses that will satisfy
the continuing education requirements of this article.
Sec. 6. A licensee may apply in writing to the department for a
waiver or modification of the continuing education requirements
applying to the licensee under this article if the licensee:
(1) establishes that an emergency existed during the period for
which the continuing education was required;
(2) has had an incapacitating illness verified by the applicant
and a licensed physician; or
(3) was prevented from completing the continuing education
requirement because of active military duty during the period
for which the continuing education was required.
Sec. 7. The department may enter into a contract with the
Indiana Ground Water Association to administer this chapter.
SOURCE: IC 34-30-2-152.5; (10)SE0356.1.91. -->
SOURCE: IC 34-30-2-152.5. -->
SECTION 91. IC 34-30-2-152.5, AS ADDED BY P.L.65-2006,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 152.5. (a) IC 35-48-7-11.1(m) (Concerning
providing information to or obtaining information from the Indiana
scheduled prescription electronic collection and tracking program).
(b) IC 35-48-7-11.1(n) (Concerning providing information to a
law enforcement agency based on a report from the Indiana
scheduled prescription electronic collection and tracking program).
SOURCE: IC 35-48-2-1; (10)SE0356.1.92. -->
SECTION 92. IC 35-48-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. (a) The board shall
administer this article and may recommend to the general assembly the
addition, deletion, or rescheduling of all substances listed in the
schedules in sections 4, 6, 8, 10, and 12 of this chapter by submitting
in an electronic format under IC 5-14-6 a report of such
recommendations to the legislative council. In making a determination
regarding a substance, the board shall consider the following:
(1) The actual or relative potential for abuse.
(2) The scientific evidence of its pharmacological effect, if
known.
(3) The state of current scientific knowledge regarding the
substance.
(4) The history and current pattern of abuse.
(5) The scope, duration, and significance of abuse.
(6) The risk to public health.
(7) The potential of the substance to produce psychic or
physiological dependence liability.
(8) Whether the substance is an immediate precursor of a
substance already controlled under this article.
(b) After considering the factors enumerated in subsection (a), the
board shall make findings and recommendations concerning the control
of the substance if it finds the substance has a potential for abuse.
(c) If the board finds that a substance is an immediate precursor,
substances which are precursors of the controlled precursor shall not
be subject to control solely because they are precursors of the
controlled precursor.
(d) If any substance is designated or rescheduled to a more
restrictive schedule as a controlled substance under federal law and
notice is given to the board, the board shall recommend similar control
of the substance under this article in the board's report to the general
assembly, unless the board objects to inclusion or rescheduling. In that
case, the board shall publish the reasons for objection and afford all
interested parties an opportunity to be heard. At the conclusion of the
hearing, the board shall publish its findings.
(e) If a substance is rescheduled to a less restrictive schedule or
deleted as a controlled substance under federal law, the substance is
rescheduled or deleted under this article. If the board objects to
inclusion, rescheduling, or deletion of the substance, the board shall
notify the chairman of the legislative council not more than thirty (30)
days after the federal law is changed and the substance may not be
rescheduled or deleted until the conclusion of the next complete
session of the general assembly. The notice from the board to the
chairman of the legislative council must be published.
(f) There is established a sixteen (16) member controlled substances
advisory committee to serve as a consultative and advising body to the
board in all matters relating to the classification, reclassification,
addition to, or deletion from of all substances classified as controlled
substances in schedules I to IV or substances not controlled or yet to
come into being. In addition, The advisory committee board shall
conduct hearings and make recommendations to the board regarding
revocations, suspensions, and restrictions of registrations as provided
in IC 35-48-3-4. All hearings shall be conducted in accordance with
IC 4-21.5-3. The advisory committee shall be made up of:
(1) two (2) physicians licensed under IC 25-22.5, one (1) to be
elected by the medical licensing board of Indiana from among its
members and one (1) to be appointed by the governor;
(2) two (2) pharmacists, one (1) to be elected by the state board
of pharmacy from among its members and one (1) to be appointed
by the governor;
(3) two (2) dentists, one (1) to be elected by the state board of
dentistry from among its members and one (1) to be appointed by
the governor;
(4) the state toxicologist or the designee of the state toxicologist;
(5) two (2) veterinarians, one (1) to be elected by the state board
of veterinary medical examiners from among its members and one
(1) to be appointed by the governor;
(6) one (1) podiatrist to be elected by the board of podiatric
medicine from among its members;
(7) one (1) advanced practice nurse with authority to prescribe
legend drugs as provided by IC 25-23-1-19.5 who is:
(A) elected by the state board of nursing from among the
board's members; or
(B) if a board member does not meet the requirements under
IC 25-23-1-19.5 at the time of the vacancy on the advisory
committee, appointed by the governor;
(8) the superintendent of the state police department or the
superintendent's designee;
(9) three (3) members appointed by the governor who have
demonstrated expertise concerning controlled substances; and
(10) one (1) member appointed by the governor who is a
psychiatrist with expertise in child and adolescent psychiatry.
(g) All members of the advisory committee elected by a board shall
serve a term of one (1) year and all members of the advisory committee
appointed by the governor shall serve a term of four (4) years. Any
elected or appointed member of the advisory committee, may be
removed for cause by the authority electing or appointing the member.
If a vacancy occurs on the advisory committee, the authority electing
or appointing the vacating member shall elect or appoint a successor to
serve the unexpired term of the vacating member. The board shall
acquire the recommendations of the advisory committee pursuant to
administration over the controlled substances to be or not to be
included in schedules I to V, especially in the implementation of
scheduled substances changes as provided in subsection (d).
(h) (g) Authority to control under this section does not extend to
distilled spirits, wine, or malt beverages, as those terms are defined or
used in IC 7.1, or to tobacco.
(i) (h) The board shall exclude any nonnarcotic substance from a
schedule if that substance may, under the Federal Food, Drug, and
Cosmetic Act or state law, be sold over the counter without a
prescription.
SOURCE: IC 35-48-3-2; (10)SE0356.1.93. -->
SECTION 93. IC 35-48-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. (a) Any humane
society, animal control agency, or governmental entity operating an
animal shelter or other animal impounding facility is entitled to receive
a limited permit only for the purpose of buying, possessing, and using:
(1) sodium pentobarbital to euthanize injured, sick, homeless, or
unwanted domestic pets and animals;
(2) ketamine and ketamine products to anesthetize or immobilize
fractious domestic pets and animals; and
(3) a combination product containing tiletimine and zolazepam as
an agent for the remote chemical capture of domestic pets or
animals that otherwise cannot be restrained or captured.
(b) A humane society, animal control agency, or governmental
entity entitled to receive a permit under this chapter must:
(1) apply to the board according to the rules established by the
board;
(2) pay annually to the board a fee set by the board for the limited
permit; and
(3) submit proof, as determined by the board, that the employees
of an applicant who will handle a controlled substance are
sufficiently trained to use and administer the controlled substance.
(c) All fees collected by the board under this section shall be
credited to the state board of pharmacy account.
(d) Storage, handling, and use of controlled substances obtained
according to this section are subject to the rules adopted by the board.
(e) Before issuing a permit under this section, the board may
consult with the board of veterinary medical examiners.
SOURCE: IC 35-48-3-4; (10)SE0356.1.94. -->
SECTION 94. IC 35-48-3-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4.
Registration. (a) The
board shall register an applicant to manufacture or distribute controlled
substances unless it determines that the issuance of that registration
would be inconsistent with the public interest. In determining the
public interest, the board shall consider:
(1) maintenance of effective controls against diversion of
controlled substances into other than legitimate medical,
scientific, or industrial channels;
(2) compliance with applicable state and local law;
(3) any convictions of the applicant under any federal and state
laws relating to any controlled substance;
(4) past experience in the manufacture or distribution of
controlled substances, and the existence in the applicant's
establishment of effective controls against diversion;
(5) furnishing by the applicant of false or fraudulent material in
any application filed under this article;
(6) suspension or revocation of the applicant's federal registration
to manufacture, distribute, or dispense controlled substances as
authorized by federal law; and
(7) any other factors relevant to and consistent with the public
health and safety.
(b) Registration under subsection (a) of this section does not entitle
a registrant to manufacture and distribute controlled substances in
schedules I or II other than those specified in the registration.
(c) Practitioners must be registered to dispense any controlled
substances or to conduct research with controlled substances in
schedules II through V if they are authorized to dispense or conduct
research under the law of this state. The board need not require
separate registration under this chapter for practitioners engaging in
research with nonnarcotic controlled substances in schedules II through
V where the registrant is already registered under this chapter in
another capacity, to the extent authorized by his registration in that
other capacity.
(d) Registration to conduct research or instructional activities with
controlled substances in schedules I through V does not entitle a
registrant to conduct research or instructional activities with controlled
substances other than those approved by the
controlled substances
advisory committee board in accordance with the registration.
(e) The board may consult with the board of veterinary medical
examiners before issuing a registration to a person:
(1) who seeks to conduct research or instructional activities
with controlled substances in schedules I through IV; and
(2) whose activities constitute the practice of veterinary
medicine (as defined by IC 25-38.1-1-12).
(f) Compliance by manufacturers and distributors with the
provisions of the federal law respecting registration (excluding fees)
entitles them to be registered under this article.
SOURCE: IC 35-48-3-5; (10)SE0356.1.95. -->
SECTION 95. IC 35-48-3-5, AS AMENDED BY P.L.197-2007,
SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 5. (a) An application for registration or
reregistration 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 the applicant's or registrant's 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 reregistration 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 reregistration, 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 reregistration, 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.
(g) A registration issued under this chapter is automatically
revoked if any state license authorizing a dispenser to act as a
practitioner is revoked.
SOURCE: IC 35-48-3-6; (10)SE0356.1.96. -->
SECTION 96. IC 35-48-3-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6. (a) Before
recommending a denial, suspension, or revocation of a registration, or
before refusing a renewal of registration, the advisory committee board
shall serve upon the applicant or registrant an order to show cause why
registration should not be denied, revoked, or suspended, or why the
renewal should not be denied. The order to show cause shall contain a
statement of the basis therefor and shall call upon the applicant or
registrant to appear before the advisory committee board at a time and
place not less than thirty (30) days after the date of service of the order,
but in the case of a denial or renewal of registration the show cause
order shall be served not later than thirty (30) days before the
expiration of the registration. These proceedings shall be conducted in
accordance with IC 4-21.5 without regard to any criminal prosecution
or other proceeding. Proceedings to refuse renewal of registration shall
not abate the existing registration, which shall remain in effect pending
the outcome of the administrative hearing.
(b) The advisory committee may recommend suspension, and the
board may suspend, without an order to show cause, any registration
simultaneously with the institution of proceedings under section 4 of
this chapter, or where renewal of registration is refused, if it finds that
there is an imminent danger to the public health or safety which
warrants this action. The suspension shall continue in effect until the
conclusion of the proceedings, including judicial review thereof, unless
sooner withdrawn by the board or dissolved by a court of competent
jurisdiction.
(c) If an applicant for reregistration (who is doing business under a
registration previously granted and not revoked nor suspended) has
applied for reregistration at least forty-five (45) days before the date on
which the existing registration is due to expire, the existing registration
of the applicant shall automatically be extended and continue in effect
until the date on which the board so issues its order. The board may
extend any other existing registration under the circumstances
contemplated in this section even though the registrant failed to apply
for reregistration at least forty-five (45) days before expiration of the
existing registration, with or without request by the registrant, if the
board finds that such extension is not inconsistent with the public
health and safety.
SOURCE: IC 35-48-7-8.1; (10)SE0356.1.97. -->
SECTION 97. IC 35-48-7-8.1, AS AMENDED BY
P.L.182-2009(ss), SECTION 399, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8.1.
(a) This section
applies after June 30, 2007.
(b) (a) The
advisory committee board shall provide for a controlled
substance prescription monitoring program that includes the following
components:
(1) Each time a controlled substance designated by the
advisory
committee board under IC 35-48-2-5 through IC 35-48-2-10 is
dispensed, the dispenser shall transmit to the INSPECT program
the following information:
(A) The controlled substance recipient's name.
(B) The controlled substance recipient's or the recipient
representative's identification number or the identification
number or phrase designated by the INSPECT program.
(C) The controlled substance recipient's date of birth.
(D) The national drug code number of the controlled substance
dispensed.
(E) The date the controlled substance is dispensed.
(F) The quantity of the controlled substance dispensed.
(G) The number of days of supply dispensed.
(H) The dispenser's United States Drug Enforcement Agency
registration number.
(I) The prescriber's United States Drug Enforcement Agency
registration number.
(J) An indication as to whether the prescription was
transmitted to the pharmacist orally or in writing.
(K) Other data required by the
advisory committee. board.
(2) The information required to be transmitted under this section
must be transmitted not more than seven (7) days after the date on
which a controlled substance is dispensed.
(3) A dispenser shall transmit the information required under this
section by:
(A) uploading to the INSPECT web site;
(B) a computer diskette; or
(C) a CD-ROM disk;
that meets specifications prescribed by the advisory committee.
board.
(4) The advisory committee board may require that prescriptions
for controlled substances be written on a one (1) part form that
cannot be duplicated. However, the advisory committee board
may not apply such a requirement to prescriptions filled at a
pharmacy with a Type II permit (as described in IC 25-26-13-17)
and operated by a hospital licensed under IC 16-21, or
prescriptions ordered for and dispensed to bona fide enrolled
patients in facilities licensed under IC 16-28. The committee
board may not require multiple copy prescription forms for any
prescriptions written. The advisory committee board may not
require different prescription forms for any individual drug or
group of drugs. Prescription forms required under this subdivision
must be jointly approved by the committee and by the Indiana
board of pharmacy established by IC 25-26-13-3.
(5) The costs of the program.
(b) This subsection applies only to a retail pharmacy. A
pharmacist, pharmacy technician, or person authorized by a
pharmacist to dispense a controlled substance may not dispense a
controlled substance to a person who is not personally known to
the pharmacist, pharmacy technician, or person authorized by a
pharmacist to dispense a controlled substance unless the person
taking possession of the controlled substance provides documented
proof of the person's identification to the pharmacist, pharmacy
technician, or person authorized by a pharmacist to dispense a
controlled substance.
SOURCE: IC 35-48-7-10.1; (10)SE0356.1.98. -->
SECTION 98. IC 35-48-7-10.1, AS ADDED BY P.L.65-2006,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 10.1. (a) This section applies after June 30, 2007.
(b) (a) The INSPECT program must do the following:
(1) Create a data base for information required to be transmitted
under section 8.1 of this chapter in the form required under rules
adopted by the advisory committee, board, including search
capability for the following:
(A) A controlled substance recipient's name.
(B) A controlled substance recipient's or recipient
representative's identification number.
(C) A controlled substance recipient's date of birth.
(D) The national drug code number of a controlled substance
dispensed.
(E) The dates a controlled substance is dispensed.
(F) The quantities of a controlled substance dispensed.
(G) The number of days of supply dispensed.
(H) A dispenser's United States Drug Enforcement Agency
registration number.
(I) A prescriber's United States Drug Enforcement Agency
registration number.
(J) Whether a prescription was transmitted to the pharmacist
orally or in writing.
(K) A controlled substance recipient's method of payment
for the controlled substance dispensed.
(2) Provide the advisory committee board with continuing
twenty-four (24) hour a day online access to the data base.
(3) Secure the information collected and the data base maintained
against access by unauthorized persons.
(c) (b) The advisory committee board may execute a contract with
a vendor designated by the advisory committee board to perform any
function associated with the administration of the INSPECT program.
(d) (c) The INSPECT program may gather prescription data from
the Medicaid retrospective drug utilization review (DUR) program
established under IC 12-15-35.
(e) (d) The advisory committee board may accept and designate
grants, public and private financial assistance, and licensure fees to
provide funding for the INSPECT program.
SOURCE: IC 35-48-7-11.1; (10)SE0356.1.99. -->
SECTION 99. IC 35-48-7-11.1, AS ADDED BY P.L.65-2006,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 11.1.
(a) This section applies after June 30, 2007.
(b) (a) Information received by the INSPECT program under section
8.1 of this chapter is confidential.
(c) (b) The
advisory committee board shall carry out a program to
protect the confidentiality of the information described in subsection
(b). (a). The
advisory committee board may disclose the information
to another person only under subsection
(c), (d),
(e), or
(h). (g).
(d) (c) The
advisory committee board may disclose confidential
information described in subsection
(b) (a) to any person who is
authorized to engage in receiving, processing, or storing the
information.
(e) (d) Except as provided in subsections
(e) and (f),
and (g), the
advisory committee board may release confidential information
described in subsection
(b) (a) to the following persons:
(1) A member of the board
the advisory committee, or another
governing body that licenses practitioners and is engaged in an
investigation, an adjudication, or a prosecution of a violation
under any state or federal law that involves a controlled
substance.
(2) An investigator for the consumer protection division of the
office of the attorney general, a prosecuting attorney, the attorney
general, a deputy attorney general, or an investigator from the
office of the attorney general, who is engaged in:
(A) an investigation;
(B) an adjudication; or
(C) a prosecution;
of a violation under any state or federal law that involves a
controlled substance.
(3) A law enforcement officer who is an employee of:
(A) a local, state, or federal law enforcement agency; or
(B) an entity that regulates controlled substances or enforces
controlled substances rules or laws in another state;
that is certified to receive information from the INSPECT
program.
(4) A practitioner or practitioner's agent certified to receive
information from the INSPECT program.
(5) A controlled substance monitoring program in another state
with which Indiana has established an interoperability agreement.
(6) The state toxicologist.
(7) A certified representative of the Medicaid retrospective
and prospective drug utilization review program.
(8) A substance abuse assistance program for a licensed health
care provider who:
(A) has prescriptive authority under IC 25; and
(B) is participating in the assistance program.
(f) (e) Information provided to an individual under:
(1) subsection
(e)(3) (d)(3) is limited to information:
(A) concerning an individual or proceeding involving the
unlawful diversion or misuse of a schedule II, III, IV, or V
controlled substance; and
(B) that will assist in an investigation or proceeding; and
(2) subsection
(e)(4) (d)(4) may be released only for the purpose
of:
(A) providing medical or pharmaceutical treatment; or
(B) evaluating the need for providing medical or
pharmaceutical treatment to a patient.
(g) (f) Before the
advisory committee board releases confidential
information under subsection
(e), (d), the applicant must be approved
by the INSPECT program in a manner prescribed by the
advisory
committee. board.
(h) (g) The
advisory committee board may release to:
(1) a member of the board
the advisory committee, or another
governing body that licenses practitioners;
(2) an investigator for the consumer protection division of the
office of the attorney general, a prosecuting attorney, the attorney
general, a deputy attorney general, or an investigator from the
office of the attorney general; or
(3) a law enforcement officer who is:
(A) authorized by the state police department to receive the
type of information released; and
(B) approved by the
advisory committee board to receive the
type of information released;
confidential information generated from computer records that
identifies practitioners who are prescribing or dispensing large
quantities of a controlled substance.
(i) (h) The information described in subsection
(h) (g) may not be
released until it has been reviewed by:
(1) a member of the
advisory committee board who is licensed in
the same profession as the prescribing or dispensing practitioner
identified by the data; or
(2) the
advisory committee's board's designee;
and until that member or the designee has certified that further
investigation is warranted. However, failure to comply with this
subsection does not invalidate the use of any evidence that is otherwise
admissible in a proceeding described in subsection
(j). (i).
(j) (i) An investigator or a law enforcement officer receiving
confidential information under subsection
(c), (d),
(e), or
(h) (g) may
disclose the information to a law enforcement officer or an attorney for
the office of the attorney general for use as evidence in the following:
(1) A proceeding under IC 16-42-20.
(2) A proceeding under any state or federal law that involves a
controlled substance.
(3) A criminal proceeding or a proceeding in juvenile court that
involves a controlled substance.
(k) (j) The
advisory committee board may compile statistical
reports from the information described in subsection (b). (a). The
reports must not include information that identifies any practitioner,
ultimate user, or other person administering a controlled substance.
Statistical reports compiled under this subsection are public records.
(l) (k) This section may not be construed to require a practitioner to
obtain information about a patient from the data base.
(m) (l) A practitioner is immune from civil liability for an injury,
death, or loss to a person solely due to a practitioner seeking or not
seeking information from the INSPECT program. The civil immunity
described in this subsection does not extend to a practitioner if the
practitioner receives information directly from the INSPECT program
and then negligently misuses this information. This subsection does not
apply to an act or omission that is a result of gross negligence or
intentional misconduct.
(n) (m) The advisory committee board may review the records of
the INSPECT program. If the advisory committee board determines
that a violation of the law may have occurred, the advisory committee
board shall notify the appropriate law enforcement agency or the
relevant government body responsible for the licensure, regulation, or
discipline of practitioners authorized by law to prescribe controlled
substances.
(n) A practitioner who in good faith discloses information based
on a report from the INSPECT program to a law enforcement
agency is immune from criminal or civil liability. A practitioner
that discloses information to a law enforcement agency under this
subsection is presumed to have acted in good faith.
SOURCE: IC 35-48-7-11.5; (10)SE0356.1.100. -->
SECTION 100. IC 35-48-7-11.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]:
Sec. 11.5. (a) Each board of a health
care provider that prescribes or dispenses prescription drugs shall
do the following:
(1) Establish prescribing norms and dispensing guidelines for
the unsolicited dissemination of exception reports under
section 11.1(d) of this chapter.
(2) Provide the information determined in subdivision (1) to
the board.
(b) The exception reports that are disseminated based on the
prescribing norms and dispensing guidelines established under
subsection (a) must comply with the following requirements:
(1) A report of prescriptive activity of a practitioner to the
practitioner's professional licensing board designee when the
practitioner deviates from the dispensing guidelines or the
prescribing norms for the prescribing of a controlled
substance within a particular drug class.
(2) A reporting of recipient activity to the practitioners who
prescribed or dispensed the controlled substance when the
recipient deviates from the dispensing guidelines of a
controlled substance within a particular drug class.
(c) The board designee may, at the designee's discretion,
forward the exception report under subsection (b)(2) to only the
following for purposes of an investigation:
(1) A law enforcement agency.
(2) The attorney general.
SOURCE: IC 35-48-7-12.1; (10)SE0356.1.101. -->
SECTION 101. IC 35-48-7-12.1, AS ADDED BY P.L.65-2006,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 12.1. (a) This section applies after June 30, 2007.
(b) (a) The advisory committee board shall adopt rules under
IC 4-22-2 to implement this chapter, including the following:
(1) Information collection and retrieval procedures for the
INSPECT program, including the controlled substances to be
included in the program required under section 8.1 of this chapter.
(2) Design for the creation of the data base required under section
10.1 of this chapter.
(3) Requirements for the development and installation of online
electronic access by the advisory committee board to information
collected by the INSPECT program.
(4) Identification of emergency situations or other circumstances
in which a practitioner may prescribe, dispense, and administer a
prescription drug specified in section 8.1 of this chapter without
a written prescription or on a form other than a form specified in
section 8.1(b)(4) 8.1(4) of this chapter.
(c) (b) The advisory committee board may:
(1) set standards for education courses for individuals authorized
to use the INSPECT program;
(2) identify treatment programs for individuals addicted to
controlled substances monitored by the INSPECT program; and
(3) work with impaired practitioner associations to provide
intervention and treatment.
SOURCE: IC 25-7; IC 25-8-3-3; IC 25-8-3-4; IC 25-20.5-1; IC 25-
32-1; IC 35-48-1-4; IC 35-48-2-1.5; IC 35-48-7-1.
; (10)SE0356.1.102. -->
SECTION 102. THE FOLLOWING ARE REPEALED
[EFFECTIVE JULY 1, 2010]: IC 25-7; IC 25-8-3-3; IC 25-8-3-4;
IC 25-20.5-1; IC 25-32-1; IC 35-48-1-4; IC 35-48-2-1.5; IC 35-48-7-1.
SOURCE: ; (10)SE0356.1.103. -->
SECTION 103. [EFFECTIVE JULY 1, 2010]
(a) The definitions
in IC 25-8, as amended by this act, apply to this SECTION.
(b) Any license by the:
(1) state board of barber examiners (IC 25-7-5-1 (before its
repeal by this act)); or
(2) state board of cosmetology examiners (IC 25-8-3-1);
as effective on June 30, 2010, and before July 1, 2010, shall be
treated after June 30, 2010, as if the license had been issued by the
state board of cosmetology and barber examiners under
IC 25-8-3-1, as amended by this act.
(c) On July 1, 2010, all the powers, duties, orders, and liabilities
of the:
(1) state board of barber examiners (IC 25-7-5-1 (before its
repeal by this act)); or
(2) state board of cosmetology examiners (IC 25-8-3-1);
concerning the examination, licensing, and disciplining of a person
licensed or an applicant applying for a license under IC 25-7
(before its repeal by this act) or IC 25-8, as amended by this act,
are transferred to the state board of cosmetology and barber
examiners under IC 25-8-3-1, as amended by this act.
(d) On July 1, 2010, the property and records of the:
(1) state board of barber examiners (IC 25-7-5-1 (before its
repeal by this act)); or
(2) state board of cosmetology examiners (IC 25-8-3-1);
concerning the examination, licensing, and disciplining of a person
licensed or an applicant applying for a license under IC 25-7
(before its repeal by this act) or IC 25-8, as amended by this act,
are transferred to the state board of cosmetology and barber
examiners under IC 25-8-3-1, as amended by this act.
(e) Any rules adopted by the:
(1) state board of barber examiners (IC 25-7-5-1 (before its
repeal by this act)); or
(2) state board of cosmetology examiners (IC 25-8-3-1); and
in effect on June 30, 2010, shall be treated as rules of the state
board of cosmetology and barber examiners on July 1, 2010.
(f) Notwithstanding IC 25-8-3-7, the initial terms of office of the
members of the board appointed under IC 25-8-3-5 (as amended by
this act) are as follows:
(1) One (1) member appointed under IC 25-8-3-5(b)(1), as
amended by this act, and one (1) member appointed under
IC 25-8-3-5(b)(2), as amended by this act, three (3) years.
(2) One (1) member appointed under IC 25-8-3-5(b)(2), as
amended by this act, one (1) member appointed under
IC 25-8-3-5(b)(3), as amended by this act, and one (1) member
appointed under IC 25-8-3-5(b)(4), as amended by this act,
two (2) years.
(3) One (1) member appointed under IC 25-8-3-5(b)(1), as
amended by this act, and one (1) member appointed under
IC 25-8-3-5(b)(5), as amended by this act, one (1) year.
The governor shall specify the terms of the cosmetologist and
barber members described in subdivisions (1), (2), and (3) when
making the initial appointments.
(g) The initial terms of the appointed members begin July 1,
2010.
(h) This SECTION expires July 1, 2015.
SOURCE: ; (10)SE0356.1.104. -->
SECTION 104. [EFFECTIVE JULY 1, 2010] (a) Any license
issued by the controlled substances advisory committee before its
abolishment and effective on June 30, 2010, and before July 1,
2010, shall be treated after June 30, 2010, as if the license had been
issued by the Indiana board of pharmacy (IC 25-26).
(b) On July 1, 2010, the powers, duties, orders, liabilities,
property, and records of the controlled substances advisory
committee, before its abolishment, concerning the investigation,
licensing, and disciplining of a person licensed or an applicant
applying for a license under IC 35-48, as amended by this act, are
transferred to the Indiana board of pharmacy (IC 25-26).
(c) This SECTION expires July 1, 2015.
SOURCE: ; (10)SE0356.1.105. -->
SECTION 105. [EFFECTIVE JULY 1, 2010] (a) Before November
1, 2010, the health finance commission established by IC 2-5-23-3
shall study and make recommendations concerning whether a
paramedic board should be established to license paramedics
instead of paramedics being certified by the emergency medical
services commission.
(b) This SECTION expires December 1, 2010.
SOURCE: ; (10)SE0356.1.106. -->
SECTION 106.
An emergency is declared for this act.
SEA 356 _ Concur
Figure
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