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WITHDRAWN Noes _______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.)
________________________________________
MO152401/DI 106 2013