HB 1524-1_ Filed 02/19/2013, 11:11 Smith M
Adopted 2/19/2013


Text Box


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    WITHDRAWN        Noes _______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


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1524 be amended to read as follows:

SOURCE: Page 2, line 19; (13)MO152401.2. -->     Page 2, line 19, delete "suspend the person's" and insert " proceed in accordance with subsection (i) (if the violation resulted in a criminal conviction) or subsection (j) (if the violation resulted in a judgment for an infraction).".
    Page 2, delete lines 20 through 21.
    Page 3, line 35, delete "or judgment".
    Page 3, line 36, delete "or violation".
    Page 4, between lines 13 and 14, begin a new paragraph and insert:
    " (j) If the department finds in a public hearing by a preponderance of the evidence that a person has a judgment for a violation of IC 35-48-4-10.5 as an infraction and the violation involved the sale of or the offer to sell, in the normal course of business, a synthetic drug or a synthetic drug lookalike substance by a retail merchant in a place of business for which the retail merchant has been issued a registered retail merchant certificate under section 1 of this chapter, the department:
        (1) may suspend the registered retail merchant certificate for the place of business for six (6) months; and
        (2) may withhold issuance of another retail merchant certificate under section 1 of this chapter for six (6) months to any person:
            (A) that:
                (i) applied for; or
                (ii) made a retail transaction under;
            the retail merchant certificate suspended under subdivision (1); or
            (B) that:
                (i) owned or co-owned, directly or indirectly; or
                (ii) was an officer, a director, a manager, or a partner of;
            the retail merchant that was issued the retail merchant certificate suspended under subdivision (1).
".
    Page 4, line 25, delete "tobacco," and insert " tobacco (as defined in IC 6-2.5-1-28),".
    Page 4, between lines 28 and 29, begin a new paragraph and insert:
SOURCE: IC 16-31-3-14; (13)MO152401.5. -->     "SECTION 5. IC 16-31-3-14, AS AMENDED BY P.L.77-2012, SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14. (a) A person holding a certificate or license issued under this article must comply with the applicable standards and rules established under this article. A certificate holder or license holder is subject to disciplinary sanctions under subsection (b) if the department of homeland security determines that the certificate holder or license holder:
        (1) engaged in or knowingly cooperated in fraud or material deception in order to obtain a certificate or license, including cheating on a certification or licensure 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 or license 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 or license holder becomes unfit to practice due to:
            (A) professional incompetence that includes the undertaking of professional activities that the certificate holder or license 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 or license 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 or license holder's name or a certificate or license 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 or license issued by the commission to be:
            (A) used by another person; or
            (B) displayed to the public when the certificate or license 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 or license holder is subject to disciplinary sanctions under subsection (a):
        (1) Revocation of a certificate holder's certificate or license holder's license for a period not to exceed seven (7) years.
        (2) Suspension of a certificate holder's certificate or license holder's license for a period not to exceed seven (7) years.
        (3) Censure of a certificate holder or license holder.
        (4) Issuance of a letter of reprimand.
        (5) Assessment of a civil penalty against the certificate holder or license 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 or license 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 or license holder's license without additional proceedings.
        (6) Placement of a certificate holder or license holder on probation status and requirement of the certificate holder or license 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 or license 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 or license holder has engaged in or knowingly cooperated in fraud or material deception to obtain a certificate or license, including cheating on the certification or licensure examination, the department of homeland security may rescind the certificate or license if it has been granted, void the examination or other fraudulent or deceptive material, and prohibit the applicant from reapplying for the certificate or license for a length of time established by the department of homeland security.
    (d) The department of homeland security may deny certification or licensure to an applicant who would be subject to disciplinary sanctions under subsection (b) if that person were a certificate holder or license holder, has had disciplinary action taken against the applicant or the applicant's certificate or license to practice in another state or jurisdiction, or has practiced without a certificate or 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 of homeland security may order a certificate holder or license holder to submit to a reasonable physical or mental examination if the certificate holder's or license 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 or license 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 or license may not be denied, revoked, or suspended because the applicant, certificate holder, or license holder has been convicted of an offense. The acts from which the applicant's, certificate holder's, or license holder's conviction resulted may be considered as to whether the applicant or certificate holder or license 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 or license issued under this article if the individual who holds or is applying for the certificate or 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, or salvia or a synthetic drug as a Class D felony under IC 35-48-4-11.
         (9) Possession of a synthetic drug or synthetic drug lookalike substance as a Class D felony under IC 35-48-4-11.5 (or under IC 35-48-4-11 before its amendment in 2013).
        (9) (10) Maintaining a common nuisance under IC 35-48-4-13.
        (10) (11) An offense relating to registration, labeling, and prescription forms under IC 35-48-4-14.
        (11) (12) Conspiracy under IC 35-41-5-2 to commit an offense listed in subdivisions (1) through (10). this section.
        (12) (13) Attempt under IC 35-41-5-1 to commit an offense listed in subdivisions (1) through (10). this section.
        (13) (14) 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). in this section.
    (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 or license holder's license 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 or license holder would represent a clear and immediate danger to the public's health, safety, or property if the certificate holder or license holder were allowed to continue to practice.
    (j) On receipt of a complaint or information alleging that a person certified or licensed 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 or license 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 or license 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, and a license holder may not surrender the license holder's license, 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 or license.
    (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.
    (q) For purposes of this section, "license holder" means a person who holds:
        (1) an unlimited license;
        (2) a limited or probationary license; or
        (3) an inactive license.".

SOURCE: Page 5, line 14; (13)MO152401.5. -->     Page 5, line 14, delete "IC 35-48-4-10.5." and insert " IC 35-48-4-10.5 (or under IC 35-48-4-10(b) before its amendment in 2013).".
    Page 6, line 31, delete "(IC 35-48-4-10.5)." and insert " (IC 35-48-4-10.5 or IC 35-48-4-10(b) before its amendment in 2013).".
    Page 10, line 15, after "hashish," insert " or".
    Page 10, line 15, after "salvia" delete ",".
    Page 10, line 15, strike "or a".
    Page 10 line 16, strike "synthetic drug".
    Page 10, between lines 16 and 17, begin a new line block indented and insert:
        " (9) Possession of a synthetic drug or synthetic drug lookalike

substance as a Class D felony under IC 35-48-4-11.5 (or under IC 35-48-4-11 before its amendment in 2013).".
    Page 10, line 17, strike "(9)" and insert " (10)".
    Page 10, line 18, strike "(10)" and insert " (11)".
    Page 10, line 20, strike "(11)" and insert " (12)".
    Page 10, line 21, strike "subdivisions (1) through (10)." and insert " this subsection.".
    Page 10, line 22, strike "(12)" and insert " (13)".
    Page 10, line 23, strike "subdivisions (1) through (10)." and insert " this subsection.".
    Page 10, line 24, strike "(13)" and insert " (14)".
    Page 10, line 26, strike "subdivisions (1)".
    Page 10, line 27, strike "through (12)." and insert " this subsection.".
    Page 11, line 7, delete "IC 35-48-4-10.5." and insert " IC 35-48-4-10.5 (or under IC 35-48-4-10(b) before its amendment in 2013).".
    Page 20, between lines 20 and 21, begin a new paragraph and insert:

SOURCE: IC 25-1-1.1-2; (13)MO152401.9. -->     "SECTION 9. IC 25-1-1.1-2, AS AMENDED BY P.L.78-2012, SECTION 7, IS 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, hashish, or salvia or a synthetic drug as a Class D felony under IC 35-48-4-11.
         (9) Possession of a synthetic drug or synthetic drug lookalike substance as a Class D felony under IC 35-48-4-11.5 (or under IC 35-48-4-11 before its amendment in 2013).
        (9) (10) Maintaining a common nuisance under IC 35-48-4-13.
        (10) (11) An offense relating to registration, labeling, and prescription forms under IC 35-48-4-14.
        (11) (12) Conspiracy under IC 35-41-5-2 to commit an offense listed in subdivisions (1) through (10). this section.
        (12) (13) Attempt under IC 35-41-5-1 to commit an offense listed in subdivisions (1) through (10). this section.
        (13) (14) A sex crime under IC 35-42-4.
        (14) (15) A felony that reflects adversely on the individual's fitness to hold a professional license.
        (15) (16) 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: Page 21, line 4; (13)MO152401.21. -->     Page 21, line 4, delete "IC 35-48-4-10.5." and insert " IC 35-48-4-10.5 (or under IC 35-48-4-10(b) before its amendment in 2013).".
    Page 24, line 3, delete "(IC 35-48-4-10.5)." and insert " (IC 35-48-4-10.5 or IC 35-48-4-10 before its amendment in 2013).".
    Page 25, line 7, delete "(IC 35-48-4-10.5)." and insert " (IC 35-48-4-10.5 or IC 35-48-4-10 before its amendment in 2013).".
    Page 27, line 21, delete "." and insert " (or as a Class C or Class D felony under IC 35-48-4-10 before its amendment in 2013).".
    Page 33, between lines 25 and 26, begin a new line block indented and insert:
        " (12) Any compound containing a 3-(1-adamantoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2- piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, 1-(N-methyl-2- pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or tetrahydropyranylmethyl group, whether or not further substituted on the adamantyl ring system to any extent. An example of this structural class includes AM-1248.".
    Page 33, line 26, delete "(12)" and insert " (13)".
    Page 35, line 38, delete "(IC 35-48-4-10.5)." and insert " (IC 35-48-4-10.5 or IC 35-48-4-10 before its amendment in 2013).".
    Page 36, line 9, delete "IC 35-46-1-1.7)," and insert " IC 6-2.5-1-28),".
    Page 39, line 2, reset in roman "4-Bromo-2, 5-Dimethoxyamphetamine (7391).".
    Page 39, line 2, after "(7391)." delete "4-Bromo-2,".
    Page 39, line 3, delete "5-dimethoxyphenethylamine (7392).".
    Page 39, line 6, strike "4-Bromo-2, 5-dimethoxphenethylamine (7392)." and insert " 4-Bromo-2, 5-dimethoxyphenethylamine (7392).".
    Page 44, delete lines 15 through 17, begin a new line double block indented and insert:
            " (B) in, on, or within five hundred (500) feet of:
                (i) school property; or
                (ii) a public park;
            while a person under eighteen (18) years of age was reasonably expected to be present.
".
    Page 45, line 6, after "court" insert " :
        (1)
".
    Page 45, line 8, delete "year." and insert " year if the person's violation of this section resulted in a criminal conviction; and
        (2) may recommend the suspension of the registered retail merchant certificate for the place of business for six (6) months if the person's violation of this section resulted in an adjudication that the person committed an infraction.
".
    Page 45, line 16, delete "one (1) year," and insert " the period recommended by the court,".
    Page 45, between lines 17 and 18, begin a new paragraph and insert:
SOURCE: IC 35-48-4-11; (13)MO152401.22. -->     "SECTION 22. IC 35-48-4-11, AS AMENDED BY P.L.78-2012, SECTION 15, IS 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, or salvia; or a synthetic 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, or salvia, or a synthetic drug, a Class A misdemeanor. However, the offense is a Class D felony if the amount involved is more than thirty (30) grams of marijuana or two (2) grams of hash oil, hashish, or salvia, or a synthetic drug, or if the person has a prior conviction of an offense involving marijuana, hash oil, or hashish, or salvia. or a synthetic drug.
SOURCE: IC 35-48-4-11.5; (13)MO152401.23. -->     SECTION 23. IC 35-48-4-11.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11.5. (a) As used in this section, "synthetic drug lookalike substance" has the meaning set forth in IC 35-31.5-2-321.5(a)(3).
     (b) A person who possesses a synthetic drug or synthetic drug lookalike substance commits possession of a synthetic drug or synthetic drug lookalike substance, a Class B infraction.
    (c) A person who knowingly or intentionally possesses a synthetic drug or synthetic drug lookalike substance commits possession of a synthetic drug or synthetic drug lookalike substance, a Class A misdemeanor. However, the offense is a Class D felony if the person has a prior unrelated conviction under this section or under section 10.5 of this chapter.

SOURCE: IC 35-48-4-12; (13)MO152401.24. -->     SECTION 24. IC 35-48-4-12, AS AMENDED BY P.L.78-2012, SECTION 16, 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 drug or synthetic drug lookalike substance 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.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1524 as printed February 15, 2013.)

________________________________________

Representative Smith M


MO152401/DI 106     2013