SB 234-1_ Filed 01/24/2012, 12:23
Adopted 1/24/2012

COMMITTEE REPORT




MADAM PRESIDENT:

    The Senate Committee on Corrections, Criminal, and Civil Matters, to which was referred Senate Bill No. 234, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

    Replace the effective dates in SECTIONS 1 through 2 with "[EFFECTIVE UPON PASSAGE]".

SOURCE: Page 1, line 1; (12)AM023405.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 4-22-2-37.1; (12)AM023405.1. -->     "SECTION 1. IC 4-22-2-37.1, AS AMENDED BY P.L.229-2011, SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 37.1. (a) This section applies to a rulemaking action resulting in any of the following rules:
        (1) An order adopted by the commissioner of the Indiana department of transportation under IC 9-20-1-3(d) or IC 9-21-4-7(a) and designated by the commissioner as an emergency rule.
        (2) An action taken by the director of the department of natural resources under IC 14-22-2-6(d) or IC 14-22-6-13.
        (3) An emergency temporary standard adopted by the occupational safety standards commission under IC 22-8-1.1-16.1.
        (4) An emergency rule adopted by the solid waste management board under IC 13-22-2-3 and classifying a waste as hazardous.
        (5) A rule, other than a rule described in subdivision (6), adopted by the department of financial institutions under IC 24-4.5-6-107

and declared necessary to meet an emergency.
        (6) A rule required under IC 24-4.5-1-106 that is adopted by the department of financial institutions and declared necessary to meet an emergency under IC 24-4.5-6-107.
        (7) A rule adopted by the Indiana utility regulatory commission to address an emergency under IC 8-1-2-113.
        (8) An emergency rule adopted by the state lottery commission under IC 4-30-3-9.
        (9) A rule adopted under IC 16-19-3-5 or IC 16-41-2-1 that the executive board of the state department of health declares is necessary to meet an emergency.
        (10) An emergency rule adopted by the Indiana finance authority under IC 8-21-12.
        (11) An emergency rule adopted by the insurance commissioner under IC 27-1-23-7 or IC 27-1-12.1.
        (12) An emergency rule adopted by the Indiana horse racing commission under IC 4-31-3-9.
        (13) An emergency rule adopted by the air pollution control board, the solid waste management board, or the water pollution control board under IC 13-15-4-10(4) or to comply with a deadline required by or other date provided by federal law, provided:
            (A) the variance procedures are included in the rules; and
            (B) permits or licenses granted during the period the emergency rule is in effect are reviewed after the emergency rule expires.
        (14) An emergency rule adopted by the Indiana election commission under IC 3-6-4.1-14.
        (15) An emergency rule adopted by the department of natural resources under IC 14-10-2-5.
        (16) An emergency rule adopted by the Indiana gaming commission under IC 4-32.2-3-3(b), IC 4-33-4-2, IC 4-33-4-3, IC 4-33-4-14, IC 4-33-22-12, or IC 4-35-4-2.
        (17) An emergency rule adopted by the alcohol and tobacco commission under IC 7.1-3-17.5, IC 7.1-3-17.7, or IC 7.1-3-20-24.4.
        (18) An emergency rule adopted by the department of financial institutions under IC 28-15-11.
        (19) An emergency rule adopted by the office of the secretary of family and social services under IC 12-8-1-12.
        (20) An emergency rule adopted by the office of the children's health insurance program under IC 12-17.6-2-11.


        (21) An emergency rule adopted by the office of Medicaid policy and planning under IC 12-15-41-15.
        (22) An emergency rule adopted by the Indiana state board of animal health under IC 15-17-10-9.
        (23) An emergency rule adopted by the board of directors of the Indiana education savings authority under IC 21-9-4-7.
        (24) An emergency rule adopted by the Indiana board of tax review under IC 6-1.1-4-34 (repealed).
        (25) An emergency rule adopted by the department of local government finance under IC 6-1.1-4-33 (repealed).
        (26) An emergency rule adopted by the boiler and pressure vessel rules board under IC 22-13-2-8(c).
        (27) An emergency rule adopted by the Indiana board of tax review under IC 6-1.1-4-37(l) (repealed) or an emergency rule adopted by the department of local government finance under IC 6-1.1-4-36(j) (repealed) or IC 6-1.1-22.5-20.
        (28) An emergency rule adopted by the board of the Indiana economic development corporation under IC 5-28-5-8.
        (29) A rule adopted by the department of financial institutions under IC 34-55-10-2.5.
        (30) A rule adopted by the Indiana finance authority:
            (A) under IC 8-15.5-7 approving user fees (as defined in IC 8-15.5-2-10) provided for in a public-private agreement under IC 8-15.5;
            (B) under IC 8-15-2-17.2(a)(10):
                (i) establishing enforcement procedures; and
                (ii) making assessments for failure to pay required tolls;
            (C) under IC 8-15-2-14(a)(3) authorizing the use of and establishing procedures for the implementation of the collection of user fees by electronic or other nonmanual means; or
            (D) to make other changes to existing rules related to a toll road project to accommodate the provisions of a public-private agreement under IC 8-15.5.
        (31) An emergency rule adopted by the board of the Indiana health informatics corporation under IC 5-31-5-8.
        (32) An emergency rule adopted by the department of child services under IC 31-25-2-21, IC 31-27-2-4, IC 31-27-4-2, or IC 31-27-4-3.
        (33) An emergency rule adopted by the Indiana real estate commission under IC 25-34.1-2-5(15).
        (34) A rule adopted by the department of financial institutions

under IC 24-4.4-1-101 and determined necessary to meet an emergency.
        (35) An emergency rule adopted by the state board of pharmacy regarding returning unused medication under IC 25-26-23.
        (36) An emergency rule adopted by the department of local government finance under IC 6-1.1-12.6 or IC 6-1.1-12.8.
        (37) An emergency rule adopted by the office of the secretary of family and social services or the office of Medicaid policy and planning concerning the following:
            (A) Federal Medicaid waiver program provisions.
            (B) Federal programs administered by the office of the secretary.
         (38) An emergency rule adopted by the Indiana board of pharmacy declaring a substance to be a synthetic drug under IC 25-26-13-4.1.
    (b) The following do not apply to rules described in subsection (a):
        (1) Sections 24 through 36 of this chapter.
        (2) IC 13-14-9.
    (c) After a rule described in subsection (a) has been adopted by the agency, the agency shall submit the rule to the publisher for the assignment of a document control number. The agency shall submit the rule in the form required by section 20 of this chapter and with the documents required by section 21 of this chapter. The publisher shall determine the format of the rule and other documents to be submitted under this subsection.
    (d) After the document control number has been assigned, the agency shall submit the rule to the publisher for filing. The agency shall submit the rule in the form required by section 20 of this chapter and with the documents required by section 21 of this chapter. The publisher shall determine the format of the rule and other documents to be submitted under this subsection.
    (e) Subject to section 39 of this chapter, the publisher shall:
        (1) accept the rule for filing; and
        (2) electronically record the date and time that the rule is accepted.
    (f) A rule described in subsection (a) takes effect on the latest of the following dates:
        (1) The effective date of the statute delegating authority to the agency to adopt the rule.
        (2) The date and time that the rule is accepted for filing under subsection (e).
        (3) The effective date stated by the adopting agency in the rule.


        (4) The date of compliance with every requirement established by law as a prerequisite to the adoption or effectiveness of the rule.
         (5) The statutory effective date for an emergency rule set forth in the statute authorizing the agency to adopt emergency rules.
    (g) Subject to subsection (h), IC 14-10-2-5, IC 14-22-2-6, IC 22-8-1.1-16.1, and IC 22-13-2-8(c), and except as provided in subsections (j), (k), and (l), and (n), a rule adopted under this section expires not later than ninety (90) days after the rule is accepted for filing under subsection (e). Except for a rule adopted under subsection (a)(13), (a)(24), (a)(25), or (a)(27), the rule may be extended by adopting another rule under this section, but only for one (1) extension period. The extension period for a rule adopted under subsection (a)(28) may not exceed the period for which the original rule was in effect. A rule adopted under subsection (a)(13) may be extended for two (2) extension periods. Subject to subsection (j), a rule adopted under subsection (a)(24), (a)(25), or (a)(27) may be extended for an unlimited number of extension periods. Except for a rule adopted under subsection (a)(13), for a rule adopted under this section to be effective after one (1) extension period, the rule must be adopted under:
        (1) sections 24 through 36 of this chapter; or
        (2) IC 13-14-9;
as applicable.
    (h) A rule described in subsection (a)(8), (a)(12), (a)(19), (a)(20), (a)(21), (a)(29), or (a)(37) expires on the earlier of the following dates:
        (1) The expiration date stated by the adopting agency in the rule.
        (2) The date that the rule is amended or repealed by a later rule adopted under sections 24 through 36 of this chapter or this section.
    (i) This section may not be used to readopt a rule under IC 4-22-2.5.
    (j) A rule described in subsection (a)(24) or (a)(25) expires not later than January 1, 2006.
    (k) A rule described in subsection (a)(28) expires on the expiration date stated by the board of the Indiana economic development corporation in the rule.
    (l) A rule described in subsection (a)(30) expires on the expiration date stated by the Indiana finance authority in the rule.
    (m) A rule described in subsection (a)(5) or (a)(6) expires on the date the department is next required to issue a rule under the statute authorizing or requiring the rule.
     (n) A rule described in subsection (a)(38) expires on June 30 of the year following the year in which it is filed with the publisher

under this section.

SOURCE: IC 16-31-3-14; (12)AM023405.3. -->     SECTION 3. IC 16-31-3-14, AS AMENDED BY P.L.182-2011, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14. (a) A person holding a certificate issued under this article must comply with the applicable standards and rules established under this article. A certificate holder is subject to disciplinary sanctions under subsection (b) if the department of homeland security determines that the certificate holder:
        (1) engaged in or knowingly cooperated in fraud or material deception in order to obtain a certificate, including cheating on a certification examination;
        (2) engaged in fraud or material deception in the course of professional services or activities;
        (3) advertised services or goods in a false or misleading manner;
        (4) falsified or knowingly allowed another person to falsify attendance records or certificates of completion of continuing education courses required under this article or rules adopted under this article;
        (5) is convicted of a crime, if the act that resulted in the conviction has a direct bearing on determining if the certificate holder should be entrusted to provide emergency medical services;
        (6) is convicted of violating IC 9-19-14.5;
        (7) fails to comply and maintain compliance with or violates any applicable provision, standard, or other requirement of this article or rules adopted under this article;
        (8) continues to practice if the certificate holder becomes unfit to practice due to:
            (A) professional incompetence that includes the undertaking of professional activities that the certificate holder is not qualified by training or experience to undertake;
            (B) failure to keep abreast of current professional theory or practice;
            (C) physical or mental disability; or
            (D) addiction to, abuse of, or dependency on alcohol or other drugs that endanger the public by impairing the certificate holder's ability to practice safely;
        (9) engages in a course of lewd or immoral conduct in connection with the delivery of services to the public;
        (10) allows the certificate holder's name or a certificate issued under this article to be used in connection with a person who renders services beyond the scope of that person's training,

experience, or competence;
        (11) is subjected to disciplinary action in another state or jurisdiction on grounds similar to those contained in this chapter. For purposes of this subdivision, a certified copy of a record of disciplinary action constitutes prima facie evidence of a disciplinary action in another jurisdiction;
        (12) assists another person in committing an act that would constitute a ground for disciplinary sanction under this chapter; or
        (13) allows a certificate issued by the commission to be:
            (A) used by another person; or
            (B) displayed to the public when the certificate is expired, inactive, invalid, revoked, or suspended.
    (b) The department of homeland security may issue an order under IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if the department of homeland security determines that a certificate holder is subject to disciplinary sanctions under subsection (a):
        (1) Revocation of a certificate holder's certificate for a period not to exceed seven (7) years.
        (2) Suspension of a certificate holder's certificate for a period not to exceed seven (7) years.
        (3) Censure of a certificate holder.
        (4) Issuance of a letter of reprimand.
        (5) Assessment of a civil penalty against the certificate holder in accordance with the following:
            (A) The civil penalty may not exceed five hundred dollars ($500) per day per violation.
            (B) If the certificate holder fails to pay the civil penalty within the time specified by the department of homeland security, the department of homeland security may suspend the certificate holder's certificate without additional proceedings.
        (6) Placement of a certificate holder on probation status and requirement of the certificate holder to:
            (A) report regularly to the department of homeland security upon the matters that are the basis of probation;
            (B) limit practice to those areas prescribed by the department of homeland security;
            (C) continue or renew professional education approved by the department of homeland security until a satisfactory degree of skill has been attained in those areas that are the basis of the probation; or
            (D) perform or refrain from performing any acts, including

community restitution or service without compensation, that the department of homeland security considers appropriate to the public interest or to the rehabilitation or treatment of the certificate holder.
        The department of homeland security may withdraw or modify this probation if the department of homeland security finds after a hearing that the deficiency that required disciplinary action is remedied or that changed circumstances warrant a modification of the order.
    (c) If an applicant or a certificate holder has engaged in or knowingly cooperated in fraud or material deception to obtain a certificate, including cheating on the certification examination, the department of homeland security may rescind the certificate if it has been granted, void the examination or other fraudulent or deceptive material, and prohibit the applicant from reapplying for the certificate for a length of time established by the department of homeland security.
    (d) The department of homeland security may deny certification to an applicant who would be subject to disciplinary sanctions under subsection (b) if that person were a certificate holder, has had disciplinary action taken against the applicant or the applicant's certificate to practice in another state or jurisdiction, or has practiced without a certificate in violation of the law. A certified copy of the record of disciplinary action is conclusive evidence of the other jurisdiction's disciplinary action.
    (e) The department of homeland security may order a certificate holder to submit to a reasonable physical or mental examination if the certificate holder's physical or mental capacity to practice safely and competently is at issue in a disciplinary proceeding. Failure to comply with a department of homeland security order to submit to a physical or mental examination makes a certificate holder liable to temporary suspension under subsection (i).
    (f) Except as provided under subsection (a), subsection (g), and section 14.5 of this chapter, a certificate may not be denied, revoked, or suspended because the applicant or certificate holder has been convicted of an offense. The acts from which the applicant's or certificate holder's conviction resulted may be considered as to whether the applicant or certificate holder should be entrusted to serve the public in a specific capacity.
    (g) The department of homeland security may deny, suspend, or revoke a certificate issued under this article if the individual who holds or is applying for the certificate is convicted of any of the following:


        (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
        (2) Possession of methamphetamine under IC 35-48-4-6.1.
        (3) Possession of a controlled substance under IC 35-48-4-7(a).
        (4) Fraudulently obtaining a controlled substance under IC 35-48-4-7(b).
        (5) Manufacture of paraphernalia as a Class D felony under IC 35-48-4-8.1(b).
        (6) Dealing in paraphernalia as a Class D felony under IC 35-48-4-8.5(b).
        (7) Possession of paraphernalia as a Class D felony under IC 35-48-4-8.3(b).
        (8) Possession of marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid drug as a Class D felony under IC 35-48-4-11.
        (9) Maintaining a common nuisance under IC 35-48-4-13.
        (10) An offense relating to registration, labeling, and prescription forms under IC 35-48-4-14.
        (11) Conspiracy under IC 35-41-5-2 to commit an offense listed in subdivisions (1) through (10).
        (12) Attempt under IC 35-41-5-1 to commit an offense listed in subdivisions (1) through (10).
        (13) An offense in any other jurisdiction in which the elements of the offense for which the conviction was entered are substantially similar to the elements of an offense described by subdivisions (1) through (12).
    (h) A decision of the department of homeland security under subsections (b) through (g) may be appealed to the commission under IC 4-21.5-3-7.
    (i) The department of homeland security may temporarily suspend a certificate holder's certificate under IC 4-21.5-4 before a final adjudication or during the appeals process if the department of homeland security finds that a certificate holder would represent a clear and immediate danger to the public's health, safety, or property if the certificate holder were allowed to continue to practice.
    (j) On receipt of a complaint or information alleging that a person certified under this chapter or IC 16-31-3.5 has engaged in or is engaging in a practice that is subject to disciplinary sanctions under this chapter, the department of homeland security must initiate an investigation against the person.
    (k) The department of homeland security shall conduct a factfinding investigation as the department of homeland security considers proper in relation to the complaint.
    (l) The department of homeland security may reinstate a certificate that has been suspended under this section if the department of homeland security is satisfied that the applicant is able to practice with reasonable skill, competency, and safety to the public. As a condition of reinstatement, the department of homeland security may impose disciplinary or corrective measures authorized under this chapter.
    (m) The department of homeland security may not reinstate a certificate that has been revoked under this chapter.
    (n) The department of homeland security must be consistent in the application of sanctions authorized in this chapter. Significant departures from prior decisions involving similar conduct must be explained in the department of homeland security's findings or orders.
    (o) A certificate holder may not surrender the certificate holder's certificate without the written approval of the department of homeland security, and the department of homeland security may impose any conditions appropriate to the surrender or reinstatement of a surrendered certificate.
    (p) For purposes of this section, "certificate holder" means a person who holds:
        (1) an unlimited certificate;
        (2) a limited or probationary certificate; or
        (3) an inactive certificate.
SOURCE: IC 16-31-3-14.5; (12)AM023405.4. -->     SECTION 4. IC 16-31-3-14.5, AS AMENDED BY P.L.182-2011, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14.5. The department of homeland security may issue an order under IC 4-21.5-3-6 to deny an applicant's request for certification or permanently revoke a certificate under procedures provided by section 14 of this chapter if the individual who holds the certificate issued under this title is convicted of any of the following:
        (1) Dealing in or manufacturing cocaine or a narcotic drug under IC 35-48-4-1.
        (2) Dealing in methamphetamine under IC 35-48-4-1.1.
        (3) Dealing in a schedule I, II, or III controlled substance under IC 35-48-4-2.
        (4) Dealing in a schedule IV controlled substance under IC 35-48-4-3.
        (5) Dealing in a schedule V controlled substance under IC 35-48-4-4.
        (6) Dealing in a substance represented to be a controlled substance under IC 35-48-4-4.5.
        (7) Knowingly or intentionally manufacturing, advertising, distributing, or possessing with intent to manufacture, advertise,

or distribute a substance represented to be a controlled substance under IC 35-48-4-4.6.
        (8) Dealing in a counterfeit substance under IC 35-48-4-5.
        (9) Dealing in marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid drug under IC 35-48-4-10(b).
        (10) Conspiracy under IC 35-41-5-2 to commit an offense listed in subdivisions (1) through (9).
        (11) Attempt under IC 35-41-5-1 to commit an offense listed in subdivisions (1) through (9).
        (12) A crime of violence (as defined in IC 35-50-1-2(a)).
        (13) An offense in any other jurisdiction in which the elements of the offense for which the conviction was entered are substantially similar to the elements of an offense described under subdivisions (1) through (12).

SOURCE: IC 20-28-5-8; (12)AM023405.5. -->     SECTION 5. IC 20-28-5-8, AS AMENDED BY P.L.155-2011, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) This section applies when a prosecuting attorney knows that a licensed employee of a public school or a nonpublic school has been convicted of an offense listed in subsection (c). The prosecuting attorney shall immediately give written notice of the conviction to the following:
        (1) The state superintendent.
        (2) Except as provided in subdivision (3), the superintendent of the school corporation that employs the licensed employee or the equivalent authority if a nonpublic school employs the licensed employee.
        (3) The presiding officer of the governing body of the school corporation that employs the licensed employee, if the convicted licensed employee is the superintendent of the school corporation.
    (b) The superintendent of a school corporation, presiding officer of the governing body, or equivalent authority for a nonpublic school shall immediately notify the state superintendent when the individual knows that a current or former licensed employee of the public school or nonpublic school has been convicted of an offense listed in subsection (c), or when the governing body or equivalent authority for a nonpublic school takes any final action in relation to an employee who engaged in any offense listed in subsection (c).
    (c) The department, after holding a hearing on the matter, shall permanently revoke the license of a person who is known by the department to have been convicted of any of the following felonies:
        (1) Kidnapping (IC 35-42-3-2).
        (2) Criminal confinement (IC 35-42-3-3).
        (3) Rape (IC 35-42-4-1).
        (4) Criminal deviate conduct (IC 35-42-4-2).
        (5) Child molesting (IC 35-42-4-3).
        (6) Child exploitation (IC 35-42-4-4(b)).
        (7) Vicarious sexual gratification (IC 35-42-4-5).
        (8) Child solicitation (IC 35-42-4-6).
        (9) Child seduction (IC 35-42-4-7).
        (10) Sexual misconduct with a minor (IC 35-42-4-9).
        (11) Incest (IC 35-46-1-3).
        (12) Dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1).
        (13) Dealing in methamphetamine (IC 35-48-4-1.1).
        (14) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
        (15) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
        (16) Dealing in a schedule V controlled substance (IC 35-48-4-4).
        (17) Dealing in a counterfeit substance (IC 35-48-4-5).
        (18) Dealing in marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid drug (IC 35-48-4-10(b)).
        (19) Possession of child pornography (IC 35-42-4-4(c)).
        (20) Homicide (IC 35-42-1).
        (21) Voluntary manslaughter (IC 35-42-1-3).
        (22) Reckless homicide (IC 35-42-1-5).
        (23) Battery as any of the following:
            (A) A Class A felony (IC 35-42-2-1(a)(5)).
            (B) A Class B felony (IC 35-42-2-1(a)(4)).
            (C) A Class C felony (IC 35-42-2-1(a)(3)).
        (24) Aggravated battery (IC 35-42-2-1.5).
        (25) Robbery (IC 35-42-5-1).
        (26) Carjacking (IC 35-42-5-2).
        (27) Arson as a Class A felony or a Class B felony (IC 35-43-1-1(a)).
        (28) Burglary as a Class A felony or a Class B felony (IC 35-43-2-1).
        (29) Attempt under IC 35-41-5-1 to commit an offense listed in subdivisions (1) through (28).
        (30) Conspiracy under IC 35-41-5-2 to commit an offense listed in subdivisions (1) through (28).
    (d) The department, after holding a hearing on the matter, shall permanently revoke the license of a person who is known by the department to have been convicted of a federal offense or an offense in

another state that is comparable to a felony listed in subsection (c).
    (e) A license may be suspended by the state superintendent as specified in IC 20-28-7.5.
    (f) The department shall develop a data base of information on school corporation employees who have been reported to the department under this section.

SOURCE: IC 22-15-5-16; (12)AM023405.6. -->     SECTION 6. IC 22-15-5-16, AS AMENDED BY P.L.182-2011, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16. (a) A practitioner shall comply with the standards established under this licensing program. A practitioner is subject to the exercise of the disciplinary sanctions under subsection (b) if the department finds that a practitioner has:
        (1) engaged in or knowingly cooperated in fraud or material deception in order to obtain a license to practice, including cheating on a licensing examination;
        (2) engaged in fraud or material deception in the course of professional services or activities;
        (3) advertised services or goods in a false or misleading manner;
        (4) falsified or knowingly allowed another person to falsify attendance records or certificates of completion of continuing education courses provided under this chapter;
        (5) been convicted of a crime that has a direct bearing on the practitioner's ability to continue to practice competently;
        (6) knowingly violated a state statute or rule or federal statute or regulation regulating the profession for which the practitioner is licensed;
        (7) continued to practice although the practitioner has become unfit to practice due to:
            (A) professional incompetence;
            (B) failure to keep abreast of current professional theory or practice;
            (C) physical or mental disability; or
            (D) addiction to, abuse of, or severe dependency on alcohol or other drugs that endanger the public by impairing a practitioner's ability to practice safely;
        (8) engaged in a course of lewd or immoral conduct in connection with the delivery of services to the public;
        (9) allowed the practitioner's name or a license issued under this chapter to be used in connection with an individual or business who renders services beyond the scope of that individual's or business's training, experience, or competence;
        (10) had disciplinary action taken against the practitioner or the

practitioner's license to practice in another state or jurisdiction on grounds similar to those under this chapter;
        (11) assisted another person in committing an act that would constitute a ground for disciplinary sanction under this chapter; or
        (12) allowed a license issued by the department to be:
            (A) used by another person; or
            (B) displayed to the public when the license has expired, is inactive, is invalid, or has been revoked or suspended.
For purposes of subdivision (10), a certified copy of a record of disciplinary action constitutes prima facie evidence of a disciplinary action in another jurisdiction.
    (b) The department may impose one (1) or more of the following sanctions if the department finds that a practitioner is subject to disciplinary sanctions under subsection (a):
        (1) Permanent revocation of a practitioner's license.
        (2) Suspension of a practitioner's license.
        (3) Censure of a practitioner.
        (4) Issuance of a letter of reprimand.
        (5) Assess a civil penalty against the practitioner in accordance with the following:
            (A) The civil penalty may not be more than one thousand dollars ($1,000) for each violation listed in subsection (a), except for a finding of incompetency due to a physical or mental disability.
            (B) When imposing a civil penalty, the department shall consider a practitioner's ability to pay the amount assessed. If the practitioner fails to pay the civil penalty within the time specified by the department, the department may suspend the practitioner's license without additional proceedings. However, a suspension may not be imposed if the sole basis for the suspension is the practitioner's inability to pay a civil penalty.
        (6) Place a practitioner on probation status and require the practitioner to:
            (A) report regularly to the department upon the matters that are the basis of probation;
            (B) limit practice to those areas prescribed by the department;
            (C) continue or renew professional education approved by the department until a satisfactory degree of skill has been attained in those areas that are the basis of the probation; or
            (D) perform or refrain from performing any acts, including community restitution or service without compensation, that

the department considers appropriate to the public interest or to the rehabilitation or treatment of the practitioner.
        The department may withdraw or modify this probation if the department finds after a hearing that the deficiency that required disciplinary action has been remedied or that changed circumstances warrant a modification of the order.
    (c) If an applicant or a practitioner has engaged in or knowingly cooperated in fraud or material deception to obtain a license to practice, including cheating on the licensing examination, the department may rescind the license if it has been granted, void the examination or other fraudulent or deceptive material, and prohibit the applicant from reapplying for the license for a length of time established by the department.
    (d) The department may deny licensure to an applicant who has had disciplinary action taken against the applicant or the applicant's license to practice in another state or jurisdiction or who has practiced without a license in violation of the law. A certified copy of the record of disciplinary action is conclusive evidence of the other jurisdiction's disciplinary action.
    (e) The department may order a practitioner to submit to a reasonable physical or mental examination if the practitioner's physical or mental capacity to practice safely and competently is at issue in a disciplinary proceeding. Failure to comply with a department order to submit to a physical or mental examination makes a practitioner liable to temporary suspension under subsection (j).
    (f) Except as provided under subsection (g) or (h), a license may not be denied, revoked, or suspended because the applicant or holder has been convicted of an offense. The acts from which the applicant's or holder's conviction resulted may, however, be considered as to whether the applicant or holder should be entrusted to serve the public in a specific capacity.
    (g) The department may deny, suspend, or revoke a license issued under this chapter if the individual who holds the license is convicted of any of the following:
        (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
        (2) Possession of methamphetamine under IC 35-48-4-6.1.
        (3) Possession of a controlled substance under IC 35-48-4-7(a).
        (4) Fraudulently obtaining a controlled substance under IC 35-48-4-7(b).
        (5) Manufacture of paraphernalia as a Class D felony under IC 35-48-4-8.1(b).
        (6) Dealing in paraphernalia as a Class D felony under

IC 35-48-4-8.5(b).
        (7) Possession of paraphernalia as a Class D felony under IC 35-48-4-8.3(b).
        (8) Possession of marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid drug as a Class D felony under IC 35-48-4-11.
        (9) Maintaining a common nuisance under IC 35-48-4-13.
        (10) An offense relating to registration, labeling, and prescription forms under IC 35-48-4-14.
        (11) Conspiracy under IC 35-41-5-2 to commit an offense listed in subdivisions (1) through (10).
        (12) Attempt under IC 35-41-5-1 to commit an offense listed in subdivisions (1) through (10).
        (13) An offense in any other jurisdiction in which the elements of the offense for which the conviction was entered are substantially similar to the elements of an offense described in subdivisions (1) through (12).
    (h) The department shall deny, revoke, or suspend a license issued under this chapter if the individual who holds the license is convicted of any of the following:
        (1) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
        (2) Dealing in methamphetamine under IC 35-48-4-1.1.
        (3) Dealing in a schedule I, II, or III controlled substance under IC 35-48-4-2.
        (4) Dealing in a schedule IV controlled substance under IC 35-48-4-3.
        (5) Dealing in a schedule V controlled substance under IC 35-48-4-4.
        (6) Dealing in a substance represented to be a controlled substance under IC 35-48-4-4.5.
        (7) Knowingly or intentionally manufacturing, advertising, distributing, or possessing with intent to manufacture, advertise, or distribute a substance represented to be a controlled substance under IC 35-48-4-4.6.
        (8) Dealing in a counterfeit substance under IC 35-48-4-5.
        (9) Dealing in marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid drug under IC 35-48-4-10(b).
        (10) Conspiracy under IC 35-41-5-2 to commit an offense listed in subdivisions (1) through (9).
        (11) Attempt under IC 35-41-5-1 to commit an offense listed in subdivisions (1) through (9).
        (12) An offense in any other jurisdiction in which the elements of

the offense for which the conviction was entered are substantially similar to the elements of an offense described in subdivisions (1) through (11).
        (13) A violation of any federal or state drug law or rule related to wholesale legend drug distributors licensed under IC 25-26-14.
    (i) A decision of the department under subsections (b) through (h) may be appealed to the commission under IC 4-21.5-3-7.
    (j) The department may temporarily suspend a practitioner's license under IC 4-21.5-4 before a final adjudication or during the appeals process if the department finds that a practitioner represents a clear and immediate danger to the public's health, safety, or property if the practitioner is allowed to continue to practice.
    (k) On receipt of a complaint or an information alleging that a person licensed under this chapter has engaged in or is engaging in a practice that jeopardizes the public health, safety, or welfare, the department shall initiate an investigation against the person.
    (l) Any complaint filed with the office of the attorney general alleging a violation of this licensing program shall be referred to the department for summary review and for its general information and any authorized action at the time of the filing.
    (m) The department shall conduct a fact finding investigation as the department considers proper in relation to the complaint.
    (n) The department may reinstate a license that has been suspended under this section if, after a hearing, the department is satisfied that the applicant is able to practice with reasonable skill, safety, and competency to the public. As a condition of reinstatement, the department may impose disciplinary or corrective measures authorized under this chapter.
    (o) The department may not reinstate a license that has been revoked under this chapter. An individual whose license has been revoked under this chapter may not apply for a new license until seven (7) years after the date of revocation.
    (p) The department shall seek to achieve consistency in the application of sanctions authorized in this chapter. Significant departures from prior decisions involving similar conduct must be explained in the department's findings or orders.
    (q) A practitioner may petition the department to accept the surrender of the practitioner's license instead of having a hearing before the commission. The practitioner may not surrender the practitioner's license without the written approval of the department, and the department may impose any conditions appropriate to the surrender or reinstatement of a surrendered license.


    (r) A practitioner who has been subjected to disciplinary sanctions may be required by the commission to pay the costs of the proceeding. The practitioner's ability to pay shall be considered when costs are assessed. If the practitioner fails to pay the costs, a suspension may not be imposed solely upon the practitioner's inability to pay the amount assessed. The costs are limited to costs for the following:
        (1) Court reporters.
        (2) Transcripts.
        (3) Certification of documents.
        (4) Photo duplication.
        (5) Witness attendance and mileage fees.
        (6) Postage.
        (7) Expert witnesses.
        (8) Depositions.
        (9) Notarizations.
SOURCE: IC 24-26-13-4.1; (12)AM023405.7. -->     SECTION 7. IC 24-26-13-4.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4.1. (a) The board may adopt an emergency rule to declare that a substance is a synthetic drug.
    (b) The board may adopt an emergency rule declaring a substance to be a synthetic drug if the board finds that the substance:
        (1) has been scheduled or emergency scheduled by the United States Drug Enforcement Administration; or
        (2) has been scheduled, emergency scheduled, or criminalized by another state.
    (c) A rule adopted under this section becomes effective thirty (30) days after it is filed with the publisher under IC 4-22-2-37.1.
    (d) A rule adopted under this section expires on June 30 of the year following the year in which it is filed with the publisher under IC 4-22-2-37.1.

     (e) The board may readopt under this section an emergency rule that has expired.
SOURCE: IC 25-1-1.1-2; (12)AM023405.7. -->     SECTION 7. IC 25-1-1.1-2, AS AMENDED BY P.L.138-2011, SECTION 6, AND P.L.182-2011, SECTION 6, AND AS AMENDED BY P.L.155-2011, SECTION 6, IS CORRECTED AND AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. Notwithstanding IC 25-1-7, a board, a commission, or a committee may suspend, deny, or revoke a license or certificate issued under this title by the board, the commission, or the committee without an investigation by the office of the attorney general if the individual who holds the license or certificate is convicted of any of the following and

the board, commission, or committee determines, after the individual has appeared in person, that the offense affects the individual's ability to perform the duties of the profession:
        (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
        (2) Possession of methamphetamine under IC 35-48-4-6.1.
        (3) Possession of a controlled substance under IC 35-48-4-7(a).
        (4) Fraudulently obtaining a controlled substance under IC 35-48-4-7(b).
        (5) Manufacture of paraphernalia as a Class D felony under IC 35-48-4-8.1(b).
        (6) Dealing in paraphernalia as a Class D felony under IC 35-48-4-8.5(b).
        (7) Possession of paraphernalia as a Class D felony under IC 35-48-4-8.3(b).
        (8) Possession of marijuana, hash oil, or hashish, salvia, or a synthetic cannabinoid drug as a Class D felony under IC 35-48-4-11.
        (9) Maintaining a common nuisance under IC 35-48-4-13.
        (10) An offense relating to registration, labeling, and prescription forms under IC 35-48-4-14.
        (11) Conspiracy under IC 35-41-5-2 to commit an offense listed in subdivisions (1) through (10).
        (12) Attempt under IC 35-41-5-1 to commit an offense listed in subdivisions (1) through (10).
        (13) An offense in any other jurisdiction in which the elements of the offense for which the conviction was entered are substantially similar to the elements of an offense described under subdivisions (1) through (12).
        (13) A sex crime under IC 35-42-4.
        (14) A felony that reflects adversely on the individual's fitness to hold a professional license.
        (15) An offense in any other jurisdiction in which the elements of the offense for which the conviction was entered are substantially similar to the elements of an offense described in this section.

SOURCE: IC 25-1-1.1-3; (12)AM023405.8. -->     SECTION 8. IC 25-1-1.1-3, AS AMENDED BY P.L.182-2011, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. A board, a commission, or a committee shall revoke or suspend a license or certificate issued under this title by the board, the commission, or the committee if the individual who holds the license or certificate is convicted of any of the following:
        (1) Dealing in or manufacturing cocaine or a narcotic drug under IC 35-48-4-1.
        (2) Dealing in methamphetamine under IC 35-48-4-1.1.
        (3) Dealing in a schedule I, II, or III controlled substance under IC 35-48-4-2.
        (4) Dealing in a schedule IV controlled substance under IC 35-48-4-3.
        (5) Dealing in a schedule V controlled substance under IC 35-48-4-4.
        (6) Dealing in a substance represented to be a controlled substance under IC 35-48-4-4.5.
        (7) Knowingly or intentionally manufacturing, advertising, distributing, or possessing with intent to manufacture, advertise, or distribute a substance represented to be a controlled substance under IC 35-48-4-4.6.
        (8) Dealing in a counterfeit substance under IC 35-48-4-5.
        (9) Dealing in marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid drug under IC 35-48-4-10(b).
        (10) Conspiracy under IC 35-41-5-2 to commit an offense listed in subdivisions (1) through (9).
        (11) Attempt under IC 35-41-5-1 to commit an offense listed in subdivisions (1) through (9).
        (12) An offense in any other jurisdiction in which the elements of the offense for which the conviction was entered are substantially similar to the elements of an offense described under subdivisions (1) through (11).
        (13) A violation of any federal or state drug law or rule related to wholesale legend drug distributors licensed under IC 25-26-14.
SOURCE: IC 35-41-1-3.5; (12)AM023405.9. -->     SECTION 9. IC 35-41-1-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3.5. "Analog", for purposes of section 26.3 of this chapter, means a new or novel chemical entity, independent of synthetic route or natural origin, having substantially the same:
        (1) carbon backbone structure; and
        (2) pharmacological mechanism of action;
as a compound specifically defined as a synthetic drug in section 26.3 of this chapter.
".
SOURCE: Page 1, line 3; (12)AM023405.1. -->     Page 1, line 3, strike "cannabinoid"" and insert " drug"".
    Page 1, line 5, delete "analogue or homologue" and insert " analog:".
    Page 1, delete line 6.
    Page 2, line 3, delete " naphthalen-1-ylmethanone)." and insert " naphthalen-1-yl-methanone).".
    Page 3, between lines 22 and 23, begin a new line double block indented and insert the following:
            " (JJ) 6-APB [6-(2-aminopropyl)benzofuran].
             (LL) 7-hydroxymitragynine.
            (MM) .-PPP [.-pyrrolidinopropiophenone].
            (NN) .-PVP (desmethylpyrovalerone).
            (OO) AM-251.
            (PP) AM-1241.
            (QQ) AM-2201.
            (RR) AM-2233.
            (SS) Buphedrone.
            (TT) Butylone.
            (UU) CP-47,497-C7.
            (VV) CP-47,497-C8.
            (WW) Desoxypipradol.
            (XX) Ethylone.
            (YY) Eutylone.
            (ZZ) Flephedrone.
            (AAA) JWH-011.
            (BBB) JWH-020.
            (CCC) JWH-022.
            (DDD) JWH-030.
            (EEE) JWH-182.
            (FFF) JWH-302.
            (GGG) MDAI [5,6-methylenedioxy-2-aminoindane].
            (HHH) Mitragynine.
            (III) Naphyrone.
            (JJJ) Pentedrone.
            (LLL) Pentylone.
            (MMM) Methoxetamine [2-(3-methoxyphenyl)-2-(ethylamino)- cyclohexanone.]
".
    Page 3, line 27, delete "cycloalkylethy" and insert " cycloalkylethyl".
    Page 3, line 33, delete "3-(1-naphthoyl)173" and insert " 3-(1-naphthoyl)".
    Page 4, between lines 27 and 28, begin a new line block indented and insert:
        " (8) Any compound, except bupropion or a compound listed under a different schedule, structurally derived from 2-aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is further modified:
            (A) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide

substituents, whether or not further substituted in the ring system by one (1) or more other univalent substituents;
            (B) by substitution at the 3-position with an acyclic alkyl substituent;
            (C) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups; or
            (D) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
        (9) Any compound determined to be synthetic drug by rule adopted under IC 25-26-13-4.1.
".
    Page 9, line 27, strike "cannabinoids" and insert " drugs".
    Page 11, after line 32, begin a new paragraph and insert:

SOURCE: IC 35-48-4-8.5; (12)AM023405.11. -->     "SECTION 11. IC 35-48-4-8.5, AS AMENDED BY P.L.182-2011, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8.5. (a) A person who keeps for sale, offers for sale, delivers, or finances the delivery of a raw material, an instrument, a device, or other object that is intended to be or that is designed or marketed to be used primarily for:
        (1) ingesting, inhaling, or otherwise introducing into the human body marijuana, hash oil, hashish, salvia, a synthetic cannabinoid, drug, or a controlled substance;
        (2) testing the strength, effectiveness, or purity of marijuana, hash oil, hashish, salvia, a synthetic cannabinoid, drug, or a controlled substance;
        (3) enhancing the effect of a controlled substance;
        (4) manufacturing, compounding, converting, producing, processing, or preparing marijuana, hash oil, hashish, salvia, a synthetic cannabinoid, drug, or a controlled substance;
        (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a synthetic cannabinoid, drug, or a controlled substance by individuals; or
        (6) any purpose announced or described by the seller that is in violation of this chapter;
commits a Class A infraction for dealing in paraphernalia.
    (b) A person who knowingly or intentionally violates subsection (a) commits a Class A misdemeanor. However, the offense is a Class D felony if the person has a prior unrelated judgment or conviction under this section.
    (c) A person who recklessly keeps for sale, offers for sale, or delivers an instrument, a device, or other object that is to be used primarily for:
        (1) ingesting, inhaling, or otherwise introducing into the human

body marijuana, hash oil, hashish, salvia, a synthetic cannabinoid, drug, or a controlled substance;
        (2) testing the strength, effectiveness, or purity of marijuana, hash oil, hashish, salvia, a synthetic cannabinoid, drug, or a controlled substance;
        (3) enhancing the effect of a controlled substance;
        (4) manufacturing, compounding, converting, producing, processing, or preparing marijuana, hash oil, hashish, salvia, a synthetic cannabinoid, drug, or a controlled substance;
        (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a synthetic cannabinoid, drug, or a controlled substance by individuals; or
        (6) any purpose announced or described by the seller that is in violation of this chapter;
commits reckless dealing in paraphernalia, a Class B misdemeanor. However, the offense is a Class D felony if the person has a previous judgment or conviction under this section.
    (d) This section does not apply to the following:
        (1) Items marketed for use in the preparation, compounding, packaging, labeling, or other use of marijuana, hash oil, hashish, salvia, a synthetic cannabinoid, drug, or a controlled substance as an incident to lawful research, teaching, or chemical analysis and not for sale.
        (2) Items marketed for or historically and customarily used in connection with the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of tobacco or any other lawful substance.

SOURCE: IC 35-48-4-10; (12)AM023405.12. -->     SECTION 12. IC 35-48-4-10, AS AMENDED BY P.L.182-2011, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) A person who:
        (1) knowingly or intentionally:
            (A) manufactures;
            (B) finances the manufacture of;
            (C) delivers; or
            (D) finances the delivery of;
        marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid, drug, pure or adulterated; or
        (2) possesses, with intent to:
            (A) manufacture;
            (B) finance the manufacture of;
            (C) deliver; or
            (D) finance the delivery of;
        marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid, drug, pure or adulterated;
commits dealing in marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid, drug, a Class A misdemeanor, except as provided in subsection (b).
    (b) The offense is:
        (1) a Class D felony if:
            (A) the recipient or intended recipient is under eighteen (18) years of age;
            (B) the amount involved is:
                 (i) more than thirty (30) grams but less than ten (10) pounds of marijuana or more than two (2) grams but less than three hundred (300) grams of hash oil, hashish, or salvia; or a synthetic cannabinoid; or
                 (ii) more than two (2) grams of a synthetic drug; or
            (C) the person has a prior conviction of an offense involving marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid, drug; and
        (2) a Class C felony if:
             (A) the amount involved is ten (10) pounds or more of marijuana or three hundred (300) or more grams of hash oil, hashish, or salvia, or a synthetic cannabinoid, or the person delivered or financed the delivery of marijuana, hash oil, hashish, or salvia: or a synthetic cannabinoid:
                (A) (i) on a school bus; or
                (B) (ii) in, on, or within one thousand (1,000) feet of
                (i) school property,
                (ii) a public park,
                (iii) a family housing complex, or
                (iv) a youth program center; or
            (B) the amount involved is more than two (2) grams of a synthetic drug and the person delivered or financed the delivery of the synthetic drug:

                 (i) on a school bus; or
                (ii) in, on, or within one thousand (1,000) feet of school property, a public park, a family housing complex, or a youth program center.

SOURCE: IC 35-48-4-11; (12)AM023405.13. -->     SECTION 13. IC 35-48-4-11, AS AMENDED BY P.L.138-2011, SECTION 17, AND AS AMENDED BY P.L.182-2011, SECTION 17, IS CORRECTED AND AMENDED TO READ AS FOLLOWS

[EFFECTIVE UPON PASSAGE]: Sec. 11. A person who:
        (1) knowingly or intentionally possesses (pure or adulterated) marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid; drug;
        (2) knowingly or intentionally grows or cultivates marijuana; or
        (3) knowing that marijuana is growing on the person's premises, fails to destroy the marijuana plants;
commits possession of marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid, drug, a Class A misdemeanor. However, the offense is a Class D felony (i) if the amount involved is more than thirty (30) grams of marijuana or two (2) grams of hash oil, hashish, salvia, or a synthetic cannabinoid, drug, or (ii) if the person has a prior conviction of an offense involving marijuana, hash oil, or hashish, salvia, or a synthetic cannabinoid. drug.

SOURCE: IC 35-48-4-12; (12)AM023405.14. -->     SECTION 14. IC 35-48-4-12, AS AMENDED BY P.L.182-2011, SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. If a person who has no prior conviction of an offense under this article or under a law of another jurisdiction relating to controlled substances pleads guilty to possession of marijuana, hashish, salvia, or a synthetic cannabinoid drug as a Class A misdemeanor, the court, without entering a judgment of conviction and with the consent of the person, may defer further proceedings and place the person in the custody of the court under such conditions as the court determines. Upon violation of a condition of the custody, the court may enter a judgment of conviction. However, if the person fulfills the conditions of the custody, the court shall dismiss the charges against the person. There may be only one (1) dismissal under this section with respect to a person.
SOURCE: ; (12)AM023405.15. -->     SECTION 15. An emergency is declared for this act.".
    Renumber all SECTIONS consecutively.

    (Reference is to SB 234 as introduced.)

and when so amended that said bill do pass .

Committee Vote: Yeas 10, Nays 0.

____________________________________

Senator Steele, Chairperson


AM 023405/DI 106    2012