Citations Affected: IC 25-1; IC 25-13; IC 25-14.
Synopsis: Health professions bureau. Requires the health professions
bureau to issue a renewal license or certificate not later than ten days
from the receipt of the required forms and evidence or within 24 hours
after an applicant for renewal appears in person at the bureau.
Effective: July 1, 2000.
January 10, 2000, read first time and referred to Committee on Health and Provider
January 20, 2000, reported favorably _ Do Pass.
January 25, 2000, read second time, amended, ordered engrossed.
January 26, 2000, engrossed.
January 27, 2000, read third time, passed. Yeas 47, nays 1.
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
SECTION 1. IC 25-1-5-4, AS AMENDED BY P.L.22-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2000]: Sec. 4. (a) The bureau shall employ necessary staff,
including specialists and professionals, to carry out the administrative
duties and functions of the boards, including but not limited to:
(1) notice of board meetings and other communication services;
(2) recordkeeping of board meetings, proceedings, and actions;
(3) recordkeeping of all persons licensed, regulated, or certified by a board;
(4) administration of examinations; and
(5) administration of license or certificate issuance or renewal.
(b) In addition the bureau:
(1) shall prepare a consolidated statement of the budget requests of all the boards in section 3 of this chapter;
(2) may coordinate licensing or certification renewal cycles, examination schedules, or other routine activities to efficiently utilize bureau staff, facilities, and transportation resources, and to
improve accessibility of board functions to the public; and
(3) may consolidate, where feasible, office space, recordkeeping, and data processing services.
(c) In administering the renewal of licenses or certificates under this chapter, the bureau shall issue a sixty (60) day notice of expiration to all holders of a license or certificate. The notice shall be accompanied by appropriate renewal forms.
(d) In administering an examination for licensure or certification, the bureau shall make the appropriate application forms available at least thirty (30) days before the deadline for submitting an application to all persons wishing to take the examination.
(e) The bureau may require an applicant for license renewal to submit evidence proving that:
(1) the applicant continues to meet the minimum requirements for licensure; and
(2) the applicant is not in violation of:
(A) the statute regulating the applicant's profession; or
(B) rules adopted by the board regulating the applicant's profession.
(f) The bureau shall process an application for renewal of a license or certificate:
(1) not later than ten (10) days after the bureau receives all required forms and evidence; or
(2) within twenty-four (24) hours after the time that an applicant for renewal appears in person at the bureau with all required forms and evidence.
This subsection does not require the bureau to issue a renewal license or certificate to an applicant if subsection (g) applies.
(g) The bureau may delay issuing a license renewal for up to ninety (90) days after the renewal date for the purpose of permitting the board to investigate information received by the bureau that the applicant for renewal may have committed an act for which the applicant may be disciplined. If the bureau delays issuing a license renewal, the bureau shall notify the applicant that the applicant is being investigated. Except as provided in subsection
(g), (h), before the end of the ninety
(90) day period, the board shall do one (1) of the following:
(1) Deny the license renewal following a personal appearance by the applicant before the board.
(2) Issue the license renewal upon satisfaction of all other conditions for renewal.
(3) Issue the license renewal and file a complaint under IC 25-1-7.
(4) Request the office of the attorney general to conduct an
investigation under subsection
(h) (i) if, following a personal
appearance by the applicant before the board, the board has good
cause to believe that there has been a violation of IC 25-1-9-4 by
(5) Upon agreement of the applicant and the board and following a personal appearance by the applicant before the board, renew the license and place the applicant on probation status under IC 25-1-9-9.
(g) (h) If an individual fails to appear before the board under
subsection (f), (g), the board may take action on the applicant's license
allowed under subsection (f)(1), (f)(2), (g)(1), (g)(2), or (f)(3). (g)(3).
(h) (i) If the board makes a request under subsection (f)(4), (g)(4),
the office of the attorney general shall conduct an investigation. Upon
completion of the investigation, the office of the attorney general may
file a petition alleging that the applicant has engaged in activity
described in IC 25-1-9-4. If the office of the attorney general files a
petition, the board shall set the matter for a hearing. If, after the
hearing, the board finds the practitioner violated IC 25-1-9-4, the board
may impose sanctions under IC 25-1-9-9. The board may delay issuing
the renewal beyond the ninety (90) days after the renewal date until a
final determination is made by the board. The applicant's license
remains valid until the final determination of the board is rendered
unless the renewal is denied or the license is summarily suspended
under IC 25-1-9-10.
(i) (j) The license of the applicant for a license renewal remains
valid during the ninety (90) day period unless the license renewal is
denied following a personal appearance by the applicant before the
board before the end of the ninety (90) day period. If the ninety (90)
day period expires without action by the board, the license shall be
automatically renewed at the end of the ninety (90) day period.
(j) (k) Notwithstanding any other statute, the bureau may stagger
license or certificate renewal cycles. However, if a renewal cycle for a
specific board or committee is changed, the bureau must obtain the
approval of the affected board or committee.
SECTION 2. IC 25-13-1-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 8. (a) A license to practice dental hygiene in Indiana shall be issued to candidates who pass the board's examinations. The license shall be valid for the remainder of the renewal period in effect on the date the license was issued.
(b) Prior to the issuance of the license, the applicant shall pay a fee set by the board under section 5 of this chapter. A license issued by the
board expires on a date specified by the health professions bureau
IC 25-1-5-4(f) IC 25-1-5-4(k) of each even-numbered year. An
applicant for license renewal must satisfy the following conditions:
(1) Pay the renewal fee set by the board under section 5 of this chapter on or before the renewal date specified by the health professions bureau in each even-numbered year.
(2) Provide the board with a sworn statement signed by the applicant attesting that the applicant has fulfilled the continuing education requirements under IC 25-13-2.
(3) Be currently certified or successfully complete a course in basic life support through a program approved by the board. The board may waive the basic life support requirement for applicants who show reasonable cause.
(c) If the holder of a license does not renew the license on or before the renewal date specified by the health professions bureau, the license expires and becomes invalid without any action by the board.
(d) A license invalidated under subsection (c) may be reinstated by the board up to three (3) years after such invalidation upon payment to the board by the holder of the invalidated license of a penalty fee set by the board under section 5 of this chapter plus all past due and current renewal fees.
(e) If a license remains invalid under subsection (c) for more than three (3) years, the holder of the invalid license may obtain a reinstated license if the holder meets the following requirements:
(1) Files an application with the board on a form and in a manner prescribed by the board.
(2) Pays all current and past due renewal fees and a penalty fee set by the board under section 5 of this chapter.
(3) Passes an examination on state and federal laws that are relevant to the practice of dental hygiene as determined by the board.
(4) Has been continuously engaged in the practice of dental hygiene from the date the holder's license was invalidated through the date the holder applies for reinstatement.
(5) Other than failing to renew the license, has complied with this chapter and the rules adopted under this chapter during the time specified under subdivision (4).
(6) Complies with any other requirements established by the board under subsection (g).
The board may require the holder of an invalid license who files an application under this subsection to appear before the board and explain why the holder failed to renew the license.