Bill Text: IN HB1098 | 2010 | Regular Session | Introduced
Bill Title: Occupational licensing.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2010-01-19 - Reassigned to the Committee on Rules and Legislative Procedures [HB1098 Detail]
Download: Indiana-2010-HB1098-Introduced.html
Citations Affected: IC 4-6-14; IC 16-27-2; IC 25-1; IC 25-2.1-13-1;
IC 25-4-2-10; IC 25-6.1-7-3; IC 25-7; IC 25-8; IC 25-10-1-14;
IC 25-14-1-14; IC 25-15-8-19; IC 25-23.6-8.5; IC 25-26-13;
IC 25-27-1-12; IC 25-30-1; IC 25-31-1-29; IC 25-32-1; IC 25-33-1-16;
IC 25-34.1; IC 25-34.5-3-2; IC 27-8-6-1; IC 27-13-1-18;
IC 34-30-2-2.5; IC 35-48.
Effective: June 30, 2010; July 1, 2010.
January 5, 2010, read first time and referred to Committee on Labor and Employment.
Digest Continued
Establishes a mental health counselor associate license. Requires
reimbursement under a policy of accident and sickness insurance or
health maintenance organization contract for services provided by a
licensed athletic trainer on an equal basis to reimbursement under the
policy or contract for the health care services provided by other health
care providers. Eliminates the controlled substances advisory
committee and transfers responsibilities to the Indiana board of
pharmacy. Provides for automatic revocation of controlled substances
advisory commission permit if a physician's license is revoked.
(Current law requires a separate administrative process to take place if
a physician's license is revoked.) Repeals laws concerning the
certification of environmental health specialists and licensure of
hypnotists. Makes conforming changes.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Chapter 14. Health Records and Identifying Information Protection
Sec. 1. As used in this chapter, "health care provider" means a person listed in IC 16-39-7-1(a)(1) through IC 16-39-7-1(a)(11).
Sec. 2. As used in this chapter, "personal information" has the meaning set forth in IC 24-4.9-2-10.
Sec. 3. As used in this chapter, "regulated professional" means an individual who is regulated by a board listed under IC 25-1-11-1.
Sec. 4. The attorney general shall establish a system to protect abandoned or at risk health records and other records that contain personal information. As part of the system, the attorney general
may do the following with the documents:
(1) Seize.
(2) Store.
(3) Maintain.
(4) Transfer.
(5) Protect.
Sec. 5. The attorney general shall do the following:
(1) Investigate allegations that a health care provider has:
(A) abandoned;
(B) attempted to destroy; or
(C) distributed or is attempting to distribute;
original patient health records, in violation of IC 16-39-7-1(b).
(2) Investigate allegations that a regulated professional has:
(A) abandoned;
(B) attempted to destroy or is destroying; or
(C) distributed or is attempting to distribute;
records containing personal information, in violation of
IC 24-4.9.
(3) Cooperate with federal, state, and local law enforcement
agencies in the investigation and prosecution of criminal, civil,
or administrative actions concerning patient health records or
other records that contain personal information.
Sec. 6. (a) The attorney general may do any of the following
when conducting an investigation under section 5 of this chapter:
(1) Issue and serve a subpoena for:
(A) the production, seizure, and preservation of the
original records, including records stored in electronic
data processing systems, books, papers, and documents;
and
(B) the appearance of a person to provide testimony under
oath.
(2) Apply to the Marion Circuit Court to enforce a subpoena
described in subdivision (1).
(3) Notify the patients and those individuals identified in:
(A) health records; or
(B) records or documents that contain personal
information;
that the attorney general has taken possession of the records
or documents. The notice in this subdivision must include
information about the procedure for either obtaining originals
or copies of the records or having the original records sent to
a duly authorized subsequent treating health care provider.
(b) The attorney general is entitled to costs in any enforcement action under this chapter.
Sec. 7. (a) The attorney general shall maintain an original patient health record obtained under section 6 of this chapter for the lesser of the following:
(1) The time required under IC 16-39-7-1 and IC 16-39-7-2.
(2) Three (3) years after the date the records are seized or secured.
(b) When the time expires under subsection (a), the attorney general may destroy the original patient records obtained under section 4 of this chapter.
Sec. 8. (a) The attorney general shall maintain records that are not health records but contain personal information for at least three (3) years after the date the records are seized or secured.
(b) When the time expires under subsection (a) and after notification under section 6 of this chapter, the attorney general may destroy the records that contain personal information.
Sec. 9. (a) The health records and personal identifying information protection trust fund is established for the purpose of paying storage, maintenance, copying, mailing, and transfer of:
(1) patient health records; and
(2) records containing personal information;
as required under this chapter. Expenditures from the trust fund may be made only to carry out the purposes of this subsection.
(b) Subject to subsection (c), if a health care provider or a regulated professional is disciplined under IC 25-1-9 or IC 25-1-11, the board that issues the disciplinary order shall impose a mandatory civil penalty against the individual of five dollars ($5). The civil penalty must be deposited into the health records and personal identifying information protection trust fund.
(c) If the amount in the health records and personal identifying information protection trust fund exceeds seventy-five thousand dollars ($75,000), the civil penalty imposed under subsection (b) may not be imposed on an individual who is subject to a disciplinary order.
(d) The attorney general shall administer the trust fund.
(e) The expenses of administering the trust fund shall be paid from the money in the fund.
(f) The treasurer of state shall invest the money in the trust fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
(g) Money in the trust fund at the end of a state fiscal year does
not revert to the state general fund.
Sec. 10. The attorney general is immune from civil liability for
destroying or failing to maintain custody and control of any record
obtained under this chapter.
Sec. 11. (a) The following may cooperate with the attorney
general's office to implement this chapter:
(1) The Indiana professional licensing agency and the
appropriate board that regulates a health care provider or a
regulated professional under IC 25.
(2) The state police department.
(3) A prosecuting attorney.
(4) Local law enforcement agencies.
(5) Federal law enforcement agencies.
(b) The attorney general may:
(1) file a complaint against a health care provider or a
regulated professional with an entity listed in subsection (a);
and
(2) cooperate in an investigation concerning a health care
provider or a regulated professional conducted by an entity
listed in subsection (a);
to carry out the purposes of this chapter.
Sec. 12. The attorney general may adopt rules under IC 4-22-2
that are necessary to administer and implement this chapter.
(1) A search of the records maintained by all counties in Indiana in which the individual who is the subject of the background check resided.
(2) A search of the records maintained by all counties or similar governmental units in another state, if the individual who is the subject of the background check resided in another state.
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JUNE 30, 2010]: Sec. 4. (a) A person who operates a home health
agency under IC 16-27-1 or a personal services agency under
IC 16-27-4 shall apply, not more than three (3) business days after the
date that an employee begins to provide services in a patient's
temporary or permanent residence, for a copy of the employee's
(1) national criminal history; or
(2) until July 1, 2010, limited criminal history, unless the person
is required to obtain a national criminal history background
check or an expanded criminal history check under subsection
(b) or (c).
(b) If a person who operates a home health agency under IC 16-27-1
or a personal services agency under IC 16-27-4 determines an
employee lived outside Indiana at any time during the two (2) years
immediately before the date the individual was hired by the home
health agency or personal services agency, the home health agency or
personal services agency shall apply, not more than three (3) business
days after the date that an employee begins to provide services in a
patient's temporary or permanent residence, for a determination
concerning the employee's national criminal history This subsection
expires June 30, 2010. background check or expanded criminal
history check.
(c) If, more than three (3) days after an employee begins providing
services in a patient's temporary or permanent residence, a person who
operates a home health agency under IC 16-27-1 or a personal services
agency under IC 16-27-4 discovers the employee lived outside Indiana
during the two (2) years immediately before the date the individual was
hired, the agency shall apply, not more than three (3) business days
after the date the agency learns the employee lived outside Indiana, for
a determination concerning the employee's national criminal history
This subsection expires June 30, 2010. background check or
expanded criminal history check.
(d) A home health agency or personal services agency may not
employ a person to provide services in a patient's or client's temporary
or permanent residence for more than three (3) business days without
applying for:
(1) a:
(A) (1) a national criminal history background check or an
expanded criminal history check as required under subsection
(a)(1); (b) or (c); or
(B) (2) a limited criminal history as required by subsection (a)(2)
until June 30, 2010; or (a).
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Exploitation of an endangered adult (IC 35-46-1-12).
(4) Failure to report battery, neglect, or exploitation of an endangered adult (IC 35-46-1-13).
(5) Theft (IC 35-43-4), if the conviction for theft occurred less than ten (10) years before the person's employment application date.
(6) A felony that is substantially equivalent to a felony listed in:
(A) subdivisions (1) through (4); or
(B) subdivision (5), if the conviction for theft occurred less than ten (10) years before the person's employment application date;
for which the conviction was entered in another state.
(b) A home health agency or personal services agency may not employ a person to provide services in a patient's or client's temporary or permanent residence for more than twenty-one (21) calendar days without receipt of that person's limited criminal history,
JULY 1, 2010]: Sec. 2.1. Rather than being issued annually, the
following permits, licenses, certificates of registration, or evidences of
authority granted by a state agency must be issued for a period of two
(2) years or for the period specified in the article under which the
permit, license, certificate of registration, or evidence of authority is
issued if the period specified in the article is longer than two (2) years:
(1) Certified public accountants, public accountants, and
accounting practitioners.
(2) Architects and landscape architects.
(3) Dry cleaners.
(4) Professional engineers.
(5) Land surveyors.
(6) Real estate brokers.
(7) Real estate agents.
(8) Security dealers' licenses issued by the securities
commissioner.
(9) Dental hygienists.
(10) Dentists.
(11) Veterinarians.
(12) Physicians.
(13) Chiropractors.
(14) Physical therapists.
(15) Optometrists.
(16) Pharmacists and assistants, drugstores or pharmacies.
(17) Motels and mobile home community licenses.
(18) Nurses.
(19) Podiatrists.
(20) Occupational therapists and occupational therapy assistants.
(21) Respiratory care practitioners.
(22) Social workers, marriage and family therapists, and mental
health counselors.
(23) Real estate appraiser licenses and certificates issued by the
real estate appraiser licensure and certification board.
(24) Wholesale legend drug distributors.
(25) Physician assistants.
(26) Dietitians.
(27) Hypnotists.
(28) (27) Athlete agents.
(29) (28) Manufactured home installers.
(30) (29) Home inspectors.
(31) (30) Massage therapists.
(32) (31) Interior designers.
(b) This section applies to the following entities that regulate occupations or professions under the Indiana Code:
(1) Indiana board of accountancy.
(2) Indiana grain buyers and warehouse licensing agency.
(3) Indiana auctioneer commission.
(4) Board of registration for architects and landscape architects.
(c) Notwithstanding any other law, the entities included in subsection (b) shall send a notice of the upcoming expiration of a license to each licensee at least sixty (60) days prior to the expiration of the license. The notice must inform the licensee of the need to renew and the requirement of payment of the renewal fee. If this notice of expiration is not sent by the entity, the licensee is not subject to a sanction for failure to renew if, once notice is received from the entity, the license is renewed within forty-five (45) days of the receipt of the notice.
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects (IC 25-4-1-2).
(3) Indiana athletic trainers board (IC 25-5.1-2-1).
(4) Indiana auctioneer commission (IC 25-6.1-2-1).
JULY 1, 2010]: Sec. 3. (a) There is established the Indiana professional
licensing agency. The agency shall perform all administrative
functions, duties, and responsibilities assigned by law or rule to the
executive director, secretary, or other statutory administrator of the
following:
(1) Board of chiropractic examiners (IC 25-10-1).
(2) State board of dentistry (IC 25-14-1).
(3) Indiana state board of health facility administrators
(IC 25-19-1).
(4) Medical licensing board of Indiana (IC 25-22.5-2).
(5) Indiana state board of nursing (IC 25-23-1).
(6) Indiana optometry board (IC 25-24).
(7) Indiana board of pharmacy (IC 25-26).
(8) Board of podiatric medicine (IC 25-29-2-1).
(9) Board of environmental health specialists (IC 25-32).
(10) (9) Speech-language pathology and audiology board
(IC 25-35.6-2).
(11) (10) State psychology board (IC 25-33).
(12) (11) Indiana board of veterinary medical examiners
(IC 25-38.1-2).
(13) Controlled substances advisory committee (IC 35-48-2-1).
(14) (12) Committee of hearing aid dealer examiners (IC 25-20).
(15) (13) Indiana physical therapy committee (IC 25-27).
(16) (14) Respiratory care committee (IC 25-34.5).
(17) (15) Occupational therapy committee (IC 25-23.5).
(18) (16) Behavioral health and human services licensing board
(IC 25-23.6).
(19) (17) Physician assistant committee (IC 25-27.5).
(20) (18) Indiana athletic trainers board (IC 25-5.1-2-1).
(21) (19) Indiana dietitians certification board (IC 25-14.5-2-1).
(22) Indiana hypnotist committee (IC 25-20.5-1-7).
(b) Nothing in this chapter may be construed to give the agency
policy making authority, which authority remains with each board.
(1) Board of chiropractic examiners (IC 25-10-1).
(2) State board of dentistry (IC 25-14-1).
(3) Indiana state board of health facility administrators (IC 25-19-1).
(4) Medical licensing board of Indiana (IC 25-22.5-2).
(5) Indiana state board of nursing (IC 25-23-1).
(6) Indiana optometry board (IC 25-24).
(7) Indiana board of pharmacy (IC 25-26).
(8) Board of podiatric medicine (IC 25-29-2-1).
(b) The agency shall create and maintain a provider profile for each provider described in subsection (a).
(c) A provider profile must contain the following information:
(1) The provider's name.
(2) The provider's license, certification, registration, or permit number.
(3) The provider's license, certification, registration, or permit type.
(4) The date the provider's license, certification, registration, or permit was issued.
(5) The date the provider's license, certification, registration, or permit expires.
(6) The current status of the provider's license, certification, registration, or permit.
(7) The provider's city and state of record.
(8) A statement of any disciplinary action taken against the provider within the previous ten (10) years by a board or committee described in subsection (a).
(d) The agency shall make provider profiles available to the public.
(e) The computer gateway administered by the office of technology established by IC 4-13.1-2-1 shall make the information described in subsection (c)(1), (c)(2), (c)(3), (c)(6), (c)(7), and (c)(8) generally
available to the public on the Internet.
(f) The agency may adopt rules under IC 4-22-2 to implement this
section.
"Board" means the appropriate agency listed in the definition of regulated occupation in this section.
"Director" refers to the director of the division of consumer protection.
"Division" refers to the division of consumer protection, office of the attorney general.
"Licensee" means a person who is:
(1) licensed, certified, or registered by a board listed in this section; and
(2) the subject of a complaint filed with the division.
"Person" means an individual, a partnership, a limited liability company, or a corporation.
"Regulated occupation" means an occupation in which a person is licensed, certified, or registered by one (1) of the following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects (IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(1) The board may file a complaint with the attorney general,
who shall investigate and may file:
(A) with notice; or
(B) without notice, if the attorney general determines that
person is engaged in activities that may affect an
individual's health or safety;
a motion for a cease and desist order with the appropriate
board.
(2) Upon review of the attorney general's motion for a cease
and desist order, the board may issue an order requiring the
affected person to show cause why the person should not be
ordered to cease and desist from such activities. The show
cause order must set forth a time and place for a hearing at
which the affected person may appear and show cause as to
why the person should not be subject to licensing,
certification, or registration under this title.
(b) If the board, after a hearing, determines that the activities
in which the person is engaged are subject to licensing,
certification, or registration under this title, the board may issue
a cease and desist order that shall describe the person and
activities that are the subject of the order.
(c) A hearing conducted under this section must comply with the
requirements under IC 4-21.5.
(d) A cease and desist order issued under this section is
enforceable in the circuit or superior courts. A person who is
enjoined under a cease and desist order and who violates the order
shall be punished for contempt of court.
(e) A cease and desist order issued under this section does not
relieve any person from criminal prosecution.
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects (IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects (IC 25-4-1-2).
(3) Indiana athletic trainers board (IC 25-5.1-2-1).
(4) Indiana auctioneer commission (IC 25-6.1-2-1).
(b) This section does not apply to a license, certificate, or registration that has been revoked or suspended.
(c) Notwithstanding any other law regarding the reinstatement of a delinquent or lapsed license, certificate, or registration and except as provided in section 8 of this chapter, the holder of a license, certificate, or registration that was issued by the board that is three (3) years or less delinquent must be reinstated upon meeting the following requirements:
(1) Submission of the holder's completed renewal application.
(2) Payment of the current renewal fee established by the board under section 2 of this chapter.
(3) Payment of a reinstatement fee established by the Indiana professional licensing agency.
(4) If a law requires the holder to complete continuing education as a condition of renewal, the holder:
(A) shall provide the board with a sworn statement, signed by the holder, that the holder has fulfilled the continuing education requirements required by the board; or
(B) shall, if the holder has not complied with the continuing education requirements, meet any requirements imposed under IC 25-1-4-5 and IC 25-1-4-6.
(d) Notwithstanding any other law regarding the reinstatement of a delinquent or lapsed license, certificate, or registration and except as provided in section 8 of this chapter, unless a statute specifically does not allow a license, certificate, or registration to be reinstated if it has
lapsed for more than three (3) years, the holder of a license, certificate,
or registration that was issued by the board that is more than three (3)
years delinquent must be reinstated upon meeting the following
requirements:
(1) Submission of the holder's completed renewal application.
(2) Payment of the current renewal fee established by the board
under section 2 of this chapter.
(3) Payment of a reinstatement fee equal to the current initial
application fee.
(4) If a law requires the holder to complete continuing education
as a condition of renewal, the holder:
(A) shall provide the board with a sworn statement, signed by
the holder, that the holder has fulfilled the continuing
education requirements required by the board; or
(B) shall, if the holder has not complied with the continuing
education requirements, meet any requirements imposed under
IC 25-1-4-5 and IC 25-1-4-6.
(5) Complete such remediation and additional training as deemed
appropriate by the board given the lapse of time involved.
(6) Any other requirement that is provided for in statute or rule
that is not related to fees.
(1) Board of chiropractic examiners (IC 25-10-1).
(2) State board of dentistry (IC 25-14-1).
(3) Indiana state board of health facility administrators (IC 25-19-1).
(4) Medical licensing board of Indiana (IC 25-22.5-2).
(5) Indiana state board of nursing (IC 25-23-1).
(6) Indiana optometry board (IC 25-24).
(7) Indiana board of pharmacy (IC 25-26).
(8) Board of podiatric medicine (IC 25-29-2-1).
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects (IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2).
Chapter 16. Evaluation of Regulated Occupations
Sec. 1. As used in this chapter, "agency " refers to the Indiana professional licensing agency.
Sec. 2. As used in this chapter, "board" means an entity that regulates a specific regulated occupation.
Sec. 3. As used in this chapter, "committee" refers to the regulated occupations evaluation committee established by section 6 of this chapter.
Sec. 4. As used in this chapter, "license" means:
(1) an unlimited license, certificate, or registration;
(2) a limited or probationary license, certificate, or registration;
(3) a temporary license, certificate, registration, or permit;
(4) an intern permit; or
(5) a provisional license;
issued by the board regulating the regulated occupation in question.
Sec. 5. As used in this chapter, "regulated occupation" has the meaning set forth in IC 25-1-7-1.
Sec. 6. The regulated occupations evaluation committee is established.
Sec. 7. (a) The committee consists of the following individuals:
(1) The dean of the Indiana University School of Public and Environmental Affairs or the dean's designee. The dean or the dean's designee shall serve as chairperson of the committee.
(2) The director of the agency or the director's designee.
(3) The attorney general or the attorney general's designee
(4) Two (2) individuals appointed by the governor who are licensed in a regulated occupation.
(5) Two (2) individuals appointed by the governor who are not licensed in a regulated occupation.
(b) The term of a member appointed under subsection (a)(4) and (a)(5) is three (3) years.
Sec. 8. (a) The committee shall review and evaluate each regulated occupation. The review and evaluation must include the following:
(1) The functions, powers, and duties of the regulated occupation and the board, including any functions, powers, or duties that are inconsistent with current or projected practice of the occupation.
(2) An assessment of the management efficiency of the board.
(3) An assessment of the regulated occupation's and the
board's ability to meet the objectives of the general assembly
in licensing the regulated occupation.
(4) Any other criteria identified by the committee.
(b) The committee shall prepare a report concerning each
regulated occupation that the committee reviews and evaluates.
The report must contain the following:
(1) The number of individuals who are licensed in the
regulated occupation.
(2) A summary of the board's functions and actions.
(3) The budget and other fiscal factors of regulating the
regulated occupation.
(4) An assessment of the effect of the regulated occupation on
the state's economy, including consumers and businesses.
(5) Any recommendations for legislation, including whether
a regulated occupation should be modified, combined with
another board, or terminated.
(6) Any recommendations for administrative changes.
Sec. 9. (a) The board shall cooperate with the committee, as the
committee determines is necessary for its review and evaluation.
(b) The committee shall allow testimony concerning each
regulated occupation that is being reviewed and evaluated.
Sec. 10. The committee shall establish a schedule to review and
evaluate each regulated occupation. Each regulated occupation
must be reviewed and evaluated at least every seven (7) years.
Sec. 11. (a) The agency shall provide staff and administrative
support to the committee.
(b) The committee may hire, with approval of the director of the
agency, an individual to assist the committee.
(c) The expenditures of the committee shall be paid from
appropriations to the agency.
Sec. 12. (a) Each member of the committee who is not a state
employee is entitled to reimbursement for traveling expenses as
provided under IC 4-13-1-4 and other expenses actually incurred
in connection with the member's duties as provided in the state
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
(b) Each member of the committee who is a state employee is
entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
Sec. 13. The committee shall submit a report to the:
(1) governor;
(2) health finance commission; and
(3) legislative services agency;
not later than July 1 of each year. The report submitted to the legislative services agency must be in an electronic format under IC 5-14-6.
(1) renders or offers to render services to the public, if the words "landscape architecture" or "registered landscape architecture" are used to describe these services;
(2) uses the title "registered landscape architect" or "landscape architect"; or
(3) engages in the practice of landscape architecture described in section 1 of this chapter;
without a current registration issued under this chapter commits a Class B infraction. A person who affixes a registered landscape architect's seal to a plan, specification, or drawing that has not been prepared by a currently registered landscape architect or under the immediate supervision of a currently registered landscape architect commits a Class B infraction.
(b) Each day a violation described in this section continues to occur constitutes a separate offense.
under IC 25-8-8.1 that offers barbering to the public.
(1) A cosmetologist licensed under IC 25-8-9.
(2) An electrologist licensed under IC 25-8-10.
(3) A manicurist licensed under IC 25-8-11.
(4) An esthetician licensed under IC 25-8-12.5.
(5) An instructor licensed under IC 25-8-6.
(6) A barber licensed under IC 25-8-12.1.
(1) Cutting, trimming, styling, arranging, dressing, curling, permanent waving, cleansing, bleaching, tinting, coloring, or similarly treating hair.
(2) Shaving or trimming beards and mustaches.
(3) Applying oils, creams, antiseptics, clays, powders, lotions, or other preparations, either by hand or by mechanical appliances, in the performance of facial or scalp massage.
(b) "Barbering" does not include performing any of the acts described in subsection (b) when done:
(1) in treating illness or disease;
(2) as a student in a barber school that complies with IC 25-8-6.3-6; or
(3) without compensation.
(1) licensed under IC 25-8-6 to teach in a cosmetology school; or
(2) licensed under IC 25-8-6.4 to teach in a barber school.
remaining five (5) members of the board must reside in Indiana.
(b) At least three (3) The members of the board must meet the
following qualifications:
(1) Two (2) of the members described in subsection (a) must:
have been licensed cosmetologists practicing in
(A) possess a current cosmetologist license; and
(B) have practiced cosmetology salons in Indiana
continuously for at least five (5) years immediately before
appointment.
(2) Two (2) of the members of the board must:
(A) possess a current barber license; and
(B) have practiced barbering in Indiana continuously for
at least five (5) years immediately before appointment.
(c) Two (2) (3) One (1) of the members described in subsection
(a) may must be owners an owner or operators operator of a
barber or cosmetology schools. One (1) of the members
described in this subsection must be a licensed cosmetologist.
One (1) of school. However, the members described in this
subsection is member may not required to be a licensed barber
or cosmetologist.
(d) Not more than two (2) members of the board may be:
(1) owners of;
(2) operators of;
(3) members of the board of directors of;
(4) employees of; or
(5) contractors with;
a cosmetology school.
(4) One (1) of the members must be licensed as an
electrologist, an esthetician, or a manicurist.
(5) One (1) of the members must have no association with
cosmetology or barbering, except as a consumer.
(1) prescribe sanitary requirements for:
(A) cosmetology salons;
(B) electrology salons;
(C) esthetic salons;
(D) manicuring salons;
(E) cosmetology schools;
(F) barbershops; and
(G) barber schools;
(2) establish standards for the practice of cosmetology and the operation of:
(A) cosmetology salons;
(B) electrology salons;
(C) esthetic salons;
(D) manicuring salons;
(E) cosmetology schools;
(F) barbershops; and
(G) barber schools;
(3) implement the licensing system under this article and provide for a staggered renewal system for licenses; and
(4) establish requirements for cosmetology school uniforms for students and instructors.
(b) The board may adopt rules under IC 4-22-2 to establish the following for the practice of cosmetology, barbering, electrology, esthetics, or manicuring in a mobile salon:
(1) Sanitation standards.
(2) Safety requirements.
(3) Permanent address requirements at which the following are located:
(A) Records of appointments.
(B) License numbers of employees.
(C) If applicable, the vehicle identification number of the license holder's self-contained facility.
(4) Enforcement actions to ensure compliance with the requirements under this article and all local laws and ordinances.
(1) a cosmetology salon;
(2) an electrology salon;
(3) an esthetic salon;
(4) a manicuring salon;
(5) a cosmetology school;
(6) a barbershop; or
(7) a barber school;
with a copy of the rules concerning sanitary requirements described in section
(1) a cosmetology salon;
(2) an electrology salon;
(3) an esthetic salon;
(4) a manicuring salon;
(5) a cosmetology school;
(6) a barbershop; or
(7) a barber school;
shall post the rules described in section 26 of this chapter in a conspicuous place in that salon or school.
(1) a cosmetology salon;
(2) an electrology salon;
(3) an esthetic salon;
(4) a manicuring salon;
(5) a cosmetology school;
(6) a mobile salon;
(7) a barbershop; or
(8) a barber school;
during its regular business hours.
(b) A member of the board or any inspector or investigator may inspect:
(1) a cosmetology salon;
(2) an electrology salon;
(3) an esthetic salon;
(4) a manicuring salon;
(5) a cosmetology school;
(6) a mobile salon;
(7) a barbershop; or
(8) a barber school;
before an initial license is issued.
(1) admission to barber school; or
(2) a license as a registered barber.
(b) A person who graduates from a barber school operated by a penal institution may not have the person's license denied or revoked as a result of the acts for which the person was convicted.
(1)
(2) commissioned medical or surgical officer of the United States armed forces;
(3) chiropractor (as defined by IC 25-10-1-1(2));
(4) embalmer (as defined by IC 25-15-2-8);
(5) funeral director (as defined by IC 25-15-2-12);
(6) registered nurse (as defined by IC 25-23-1-1.1(a));
(7) licensed practical nurse (as defined by IC 25-23-1-1.2);
(8) physician (as defined by IC 25-22.5-1-1.1(g));
(9) podiatrist (as defined by IC 25-29-1-13);
(10) person conducting an educational activity involving cosmetology at a scheduled meeting of an association that:
(A) recognizes a group of its members as cosmetologists; and
(B) is not open to persons who are not licensed under this chapter; or
(11) student in a cosmetology school.
(1) a person possesses a valid license from another jurisdiction to perform acts that require a license under this article; and
(2) the jurisdiction issuing the license imposes substantially equal requirements on applicants for the license as are imposed on applicants for an Indiana license;
the board may issue a license to perform those acts in Indiana to that person upon payment of the fee required under IC 25-8-13.
(b) This subsection applies only to applications for a cosmetologist license under IC 25-8-9. If the jurisdiction issuing the license does not impose substantially equal requirements for education hours as required under subsection (a)(2), the board may approve the combination of education hours plus actual licensed practice in the other jurisdiction when issuing a license to a person from that jurisdiction. One (1) year of licensed practice is equal to one hundred (100) hours of education to an applicant who has completed a minimum of one thousand (1,000) hours of education.
(c) This subsection applies only to applications for a manicurist license under IC 25-8-11. If the jurisdiction issuing a license does not impose substantially equal requirements for education hours as
required under subsection (a)(2), the board may approve the
combination of education hours plus actual licensed practice in the
other jurisdiction when issuing a license to a person from that
jurisdiction, as follows:
(1) For an applicant with less than twenty (20) years of actual
licensed practice as a manicurist, one (1) year of licensed practice
is equal to one hundred (100) hours of education to an applicant
who has completed at least three hundred (300) hours of
education.
(2) For an applicant with twenty (20) or more years of actual
licensed practice as a manicurist, one (1) year of licensed practice
is equal to one hundred (100) hours of education to an applicant
who has completed at least one hundred (100) hours of education.
(d) This subsection applies only to applications for an electrologist
license under IC 25-8-10. If the jurisdiction issuing a license does not
impose substantially equal requirements for education hours as
required under subsection (a)(2), the board may approve the
combination of education hours plus actual licensed practice in the
other jurisdiction when issuing a license to a person from that
jurisdiction. One (1) year of licensed practice as an electrologist is
equal to one hundred (100) hours of education to an applicant who has
completed at least two hundred (200) hours of education.
(e) This subsection applies only to applications for an esthetician
license under IC 25-8-12.5. If the jurisdiction issuing a license does not
impose substantially equal requirements for education hours as
required under subsection (a)(2), the board may approve the
combination of education hours plus actual licensed practice in the
other jurisdiction when issuing a license to a person from that
jurisdiction. One (1) year of licensed practice as an esthetician is equal
to one hundred (100) hours of education to an applicant who has
completed at least four hundred (400) hours of education.
(f) This subsection applies only to applications for a beauty culture
instructor license under IC 25-8-6. If the jurisdiction issuing a license
does not impose substantially equal requirements for education hours
as required under subsection (a)(2), the board may approve the
combination of education hours plus actual licensed practice in the
other jurisdiction when issuing a license to a person from that
jurisdiction. One (1) year of licensed practice as a beauty culture
instructor is equal to one hundred (100) hours of education to an
applicant who has completed at least seven hundred (700) hours of
education.
(g) This subsection applies only to applications for a barber
license under IC 25-8-12.1. If the jurisdiction issuing the license
does not impose substantially equivalent requirements as required
under subsection (a)(2), the board may approve a combination of
education hours plus actual licensed practice in the other
jurisdiction when issuing a license to a person from that
jurisdiction. One (1) year of licensed practice is equal to one
hundred (100) hours of education to an applicant who has
completed at least one thousand (1,000) hours of education.
(1) the license is a cosmetology salon or barbershop license; and
(2) the person holding the license was required to change the location of the cosmetology salon or barbershop by circumstances that the board determines were beyond the control of that person.
(b) The board shall conduct a written examination of the applicants for a cosmetologist license and a barber license at least once each month. The board shall conduct a written examination of the applicants for all other licenses issued under this article at least four (4) times each year. The written examinations described in this section:
(1) shall be conducted at the times and places determined by the board; and
(2) may be administered through computer based testing.
(1) a practical demonstration of the acts permitted by the license; and
(2) a written test concerning the licensed activity, as it is customarily taught in a cosmetology school or barber school.
cosmetology school or barber school licensed under this article.
(b) A license issued to an instructor under IC 25-8-6-1 or IC 25-8-6.4 expires at the time that the instructor's practitioner license expires. The board shall renew an instructor's license under this subsection concurrently with the instructor's practitioner license.
(c) Except as provided in IC 25-8-9-11, a person who holds a license under this article may apply for renewal.
(d) Initial provisional licenses are valid for a length of time determined by the board, but not to exceed two (2) years.
Chapter 6.3. Barber School Licenses
Sec. 1. The board may issue a license under this article to operate a barber school.
Sec. 2. A person must file a verified application with the board on a form prescribed by the board to obtain a barber school license.
Sec. 3. The application described in section 2 of this chapter must state that:
(1) the proposed school will require students to successfully complete at least one thousand five hundred (1,500) hours of course work as a requirement for graduation;
(2) not more than ten (10) hours of course work may be taken by a student during one (1) day;
(3) the course work will provide instruction to students in all theories and practical applications of barbering, including:
(A) the scientific fundamentals for barbering, hygiene, and bacteriology;
(B) the histology of hair, skin, muscles, and nerves;
(C) the structure of the head, face, and neck;
(D) elementary chemistry relating to sterilization and antiseptics;
(E) cutting, shaving, arranging, dressing, coloring, bleaching, tinting, and permanent waving of the hair; and
(F) at least ten (10) hours of study on skin and diseases of the skin under a certified dermatologist;
(4) the school will provide one (1) instructor for each group of twenty (20) or fewer students;
(5) the school will be operated under the personal supervision of a licensed barber instructor;
(6) the applicant has obtained:
(A) a building permit;
(B) a certificate of occupancy; or
(C) any other planning approval required under IC 22-15-3 and IC 36-7-4;
required to operate the school;
(7) the school, if located in the same building as a residence, will:
(A) be separated from the residence by a substantial floor to ceiling partition; and
(B) have a separate entrance;
(8) as a requirement for graduation, the proposed school will:
(A) administer; and
(B) require a student to pass;
a final practical demonstration examination of the acts permitted by the license; and
(9) the applicant has paid the fee set forth in IC 25-8-13.
Sec. 4. (a) A barber school licensed under this chapter shall require each student for graduation to pass a final examination that tests the student's practical knowledge of the curriculum studied.
(b) The board shall consider an applicant for the barbering professional examination as fulfilling the practical examination requirement established in IC 25-8-4-7 after successfully completing the final practical demonstration examination.
(c) A passing score of at least seventy-five percent (75%) is required on the final practical demonstration examination.
(d) A barber school licensed under this chapter shall allow each
student for graduation at least three (3) attempts to pass the final
practical demonstration examination.
(e) The board may monitor the administration of the final
practical demonstration examination for any of the following
purposes:
(1) As a result of a complaint received.
(2) As part of random observations.
(3) To collect data.
Sec. 5. The board may adopt rules under IC 4-22-2 requiring
that the curriculum offered by a barber school licensed under this
chapter provide a minimum number of hours of instruction in each
of the subjects described in section 3(3) of this chapter.
Sec. 6. A barber school licensed under this chapter shall display
a sign:
(1) that complies with standards established by the board;
(2) that is located at each entrance used by the school's
customers; and
(3) that states that students perform barbering in the
establishment.
Chapter 6.4. Barber Instructor Licenses
Sec. 1. The board may license a person to be an instructor.
Sec. 2. A person must file a verified application with the board on a form prescribed by the board to obtain an instructor license.
Sec. 3. The application described in section 2 of this chapter must state that the applicant:
(1) holds a barber license issued under this article;
(2) has graduated from high school or received a high school equivalency certificate;
(3) has successfully completed at least nine hundred (900) hours of instruction in the theory and practice of instructor training as a student in a barber school;
(4) has received a satisfactory grade of at least seventy-five percent (75%) on an examination for instructor license applicants prescribed by the board; and
(5) has paid the fee set forth in IC 25-8-13 for the issuance of a license under this chapter.
Sec. 4. (a) If a person does not receive a satisfactory grade on the examination described in IC 25-8-4-7, the person may repeat the examination subject to the rules governing the examination
adopted by the board.
(b) If a person does not receive a satisfactory grade on the
examination described in subsection (a), the board may:
(1) refuse to permit the person to take the examination again;
or
(2) permit the person to take the examination again subject to
the rules governing the examination adopted by the board.
Chapter 8.1. Barbershop Licenses
Sec. 1. The board may issue a license under this article to operate a barbershop.
Sec. 2. A person who wishes to obtain a barbershop license must:
(1) select a site for the barbershop that, if located in the same building as a residence:
(A) is separated from the residence by a substantial floor to ceiling partition; and
(B) has a separate entrance from the residence;
(2) obtain:
(A) a building permit;
(B) a certificate of occupancy; or
(C) any other approval action required under IC 22-15-3 and IC 36-7-4;
required to operate the barbershop;
(3) install furnishings and obtain shop equipment required under rules adopted by the board; and
(4) submit a verified statement on a form prescribed by the board that the barbershop will be under the personal supervision of a barber licensed under this article.
Sec. 3. The board may issue a license under this chapter if the applicant has:
(1) complied with section 2 of this chapter; and
(2) paid the fee for the license set forth in IC 25-8-13.
Sec. 4. A person holding a license issued under this chapter shall display a sign complying with standards prescribed by the board. The sign must:
(1) be clearly visible to a customer entering the establishment at the shop's main public entrance; and
(2) state in legible printing that the establishment is licensed as a barbershop.
Sec. 5. (a) If:
(1) the board cannot determine whether an applicant has complied with section 2 of this chapter at the time the application is filed; and
(2) the board determines that more than fifteen (15) days are required to determine if the applicant has complied with section 2 of this chapter;
the board shall issue a temporary barbershop license to the applicant.
(b) A temporary license issued under subsection (a) is valid until:
(1) the board approves or denies the application for a license under this chapter; or
(2) three (3) months after the issuance of the temporary license;
whichever occurs first.
Chapter 12.1. Barber Licenses
Sec. 1. The board may license a person to be a barber.
Sec. 2. A person must file a verified application with the board on a form prescribed by the board to obtain a barber license.
Sec. 3. The application described in section 2 of this chapter must state that the applicant:
(1) is either:
(A) at least eighteen (18) years of age; or
(B) at least seventeen (17) years of age and is a graduate of an accredited high school;
(2) has graduated from an approved barber school with not less than one thousand five hundred (1,500) hours of training;
(3) has received a satisfactory grade of at least seventy-five percent (75%) on an examination for barber license applicants prescribed by the board;
(4) has not committed an act that could subject the applicant to discipline under IC 25-1-11; and
(5) has paid the fee set forth in IC 25-8-13 for the issuance of a license under this chapter.
Sec. 4. (a) If a person does not receive a satisfactory grade on the examination described in IC 25-8-4-7, that person may repeat the examination subject to the rules governing the examination adopted by the board.
(b) If a person does not receive a satisfactory grade on the examination described in subsection (a), the board may:
(1) refuse to permit the person to take the examination again; or
(2) permit the person to take the examination again subject to the rules governing the examination adopted by the board.
Sec. 5. A person licensed under this chapter may not engage in barbering in a barber school except as part of student instruction.
Sec. 6. A person licensed under this chapter may not engage in barbering outside a barbershop unless the person:
(1) has the permission of a person who holds a barbershop license and:
(A) employs; or
(B) leases or subleases a part of a shop to;
the person licensed under this chapter; and
(2) complies with any other practice restrictions established by the board under this chapter.
Sec. 7. The board may issue a temporary work permit to practice barbering.
Sec. 8. A person must file a verified application with the board on a form prescribed by the board to obtain a temporary work permit.
Sec. 9. The application described in section 8 of this chapter must state that the applicant will practice barbering under the supervision of a barber, and:
(1) has filed an application under section 2 of this chapter, but has not taken the examination described in IC 25-8-4-7; or
(2) has filed an application under IC 25-8-4-2(g) and is awaiting board determination as described in IC 25-8-4-2(g).
Sec. 10. (a) Except when held by a barber applicant who has filed an application under IC 25-8-4-2(g), a work permit issued under section 7 of this chapter expires:
(1) three (3) months after the date of issuance; or
(2) thirty (30) days after the permit holder takes the examination described in IC 25-8-4-7;
whichever occurs first.
(b) A work permit held by a barber license applicant who has filed an application under IC 25-8-4-2(g) expires thirty (30) days after the board determination as described in IC 25-8-4-2(g).
Sec. 11. The board may not:
(1) renew or reinstate a work permit; or
(2) grant a person more than one (1) work permit;
issued under section 7 of this chapter.
Sec. 12. A person who:
(1) enters active military service of the United States or of this state:
(A) in time of war or an emergency;
(B) for or during a period of training; or
(C) in connection with or under the operation of a system of selective service; and
(2) at the time of entry holds a valid license as a registered barber;
shall be granted a like certificate of registration or license upon presenting to the board an honorable discharge from military service, dated not more than six (6) months before the time of the presentation. The like certificate or license shall be granted by the board upon payment of a fee established by the board.
Sec. 13. (a) This section applies only to applications for a barber license under this chapter.
(b) If an applicant comes from a jurisdiction that does not issue a barber license, the board may issue an initial provisional license to an applicant who meets the following requirements:
(1) The board finds that the applicant has sufficient training or experience as a barber.
(2) The applicant has not committed an act that would constitute a violation of the standards of practice under IC 25-1-11.
(3) The applicant pays a fee established by the board under IC 25-1-8.
(c) An applicant who has been granted an initial provisional license must work under the supervision of a licensed barber.
(d) A person who holds an initial provisional license may apply for renewal of a barber license under this article.
(e) The holder of a provisional license may petition the board for the issuance of a barber license to practice without supervision. The holder of a provisional license who demonstrates to the board that the holder may satisfactorily practice without supervision shall be released from terms of the provisional license and is entitled to hold a license under this chapter.
(1) transferring a cosmetology salon license under IC 25-8-4-4 or barbershop license under IC 25-8-8.1; or
(2) issuing a temporary license to practice cosmetology under IC 25-8-7-6 or a temporary work permit to practice barbering under IC 25-8-12.1-7.
(b) The board shall charge a fee established under IC 25-1-8-6 for reinstating a cosmetology school or barber school license.
(b) The board shall charge a fee established under IC 25-1-8-6 for reinstating an instructor license.
(1) a cosmetology salon license;
(2) an electrology salon license;
(3) an esthetic salon license;
(4) a manicurist salon license; or
(5) a barbershop license.
(b) The board shall charge a fee established under IC 25-1-8-6 for reinstating:
(1) a cosmetology salon license;
(2) an electrology salon license;
(3) an esthetic salon license;
(4) a manicurist salon license; or
(5) a barbershop license.
(b) The board shall establish fees under IC 25-1-8-2 for issuing or renewing a barber license.
(c) The board shall charge a fee established under IC 25-1-8-6 for reinstating a barber license.
(d) The board shall charge a fee established by the board under IC 25-1-8-2 for issuing a license to a person who holds a barber license from another jurisdiction that meets the requirements under IC 25-8-4-2.
(1) is a cosmetologist, a manicurist, an electrologist, an esthetician, a barber, or an instructor; and
(2) knowingly performs any act authorized by a license issued under this article while the person has an infectious, a contagious, or a communicable disease that has been epidemiologically demonstrated to be transmitted through casual contact;
commits a Class C infraction.
(b) A person who knowingly attends a cosmetology school or a barber school as a student while the person has an infectious, a contagious, or a communicable disease that has been epidemiologically demonstrated to be transmitted through casual contact commits a Class C infraction.
(b) A person may manually manipulate, manually adjust, or manually mobilize the spinal column or the vertebral column of an individual only if the person is:
(1) a chiropractor who has been issued a license under this chapter;
(2) a physician who has been issued an unlimited license to practice medicine under IC 25-22.5; or
(3) an osteopathic physician who has been issued a license to practice osteopathic medicine under IC 25-22.5.
(c) A person may not delegate the manual manipulation, manual adjustment, or manual mobilization of the spinal column or the vertebral column of an individual to another person, unless the other person is:
(1) licensed as a chiropractor under this chapter;
(2) licensed as a physician with an unlimited license to practice medicine under IC 25-22.5;
(3) licensed as an osteopathic physician with a license to practice osteopathic medicine under IC 25-22.5;
(4) a student in the final year of course work at an accredited
chiropractic school participating in a preceptorship program and
working under the direct supervision of a chiropractor licensed
under this chapter; or
(5) a graduate of a chiropractic school who holds a valid
temporary permit issued under section 5.5 of this chapter.
(d) If a violation of subsection (b) or (c) is being committed:
(1) the board in its own name;
(2) the board in the name of the state; or
(3) the prosecuting attorney of the county in which the violation
occurs, at the request of the board and in the name of the state;
may apply for an order enjoining the violation from the circuit court of
the county in which the violation occurs.
(e) Upon a showing that a person has violated subsection (b) or (c),
the court may grant without bond an injunction, a restraining order, or
other appropriate order.
(f) (e) This section does not apply to a physical therapist practicing
under IC 25-27. However, a physical therapist may not practice
chiropractic (as defined in IC 25-10-1-1) or medicine (as defined in
IC 25-22.5-1-1.1) unless licensed to do so.
under IC 25-1-7-14, may
(1) Furnish satisfactory evidence to the board that the individual has:
(A) received a master's or doctor's degree in mental health counseling therapy or in a related area as determined by the board from an institution of higher education that meets the requirements under section 2 of this chapter or
from a foreign school that has a program of study that
meets the requirements under section 2(3)(A) or 2(3)(B) of
this chapter; and
(B) completed the educational requirements under section
3 of this chapter.
(2) Furnish satisfactory evidence to the board that the
individual does not have a conviction for a crime that has a
direct bearing on the individual's ability to practice
competently.
(3) Furnish satisfactory evidence to the board that the
individual has not been the subject of a disciplinary action by
a licensing or certification agency of another state or
jurisdiction on the grounds that the individual was not able to
practice as a mental health counselor associate without
endangering the public.
(4) Pay the fee established by the board.
(5) Pass an examination provided by the board.
(1) Complete sixty (60) semester hours of graduate course work in counseling that must include either a master's degree that required not less than forty-eight (48) semester hours or a doctor's degree in counseling. The graduate course work must include the following content areas:
(A) Human growth and development.
(B) Social and cultural foundations of counseling.
(C) Helping relationship, including counseling theory and practice.
(D) Group dynamics, processes, counseling, and consultation.
(E) Lifestyle and career development.
(F) Assessment and appraisal of individuals.
(G) Research and program evaluation.
(H) Professional orientation and ethics.
(I) Foundations of mental health counseling.
(J) Contextual dimensions of mental health counseling.
(K) Knowledge and skills for the practice of mental health counseling and psychotherapy.
(L) Clinical instruction.
(2) Not less than one (1) supervised clinical practicum, internship, or field experience in a counseling setting, which must include a minimum of one thousand (1,000) clock hours consisting of one (1) practicum of one hundred (100) hours, one (1) internship of six hundred (600) hours, and one (1) advanced internship of three hundred (300) hours with at least one hundred (100) hours of face to face supervision. This requirement may be met by a supervised practice experience that took place away from an eligible postsecondary educational institution but that is certified by an official of the eligible postsecondary educational institution as being equivalent to a clinical mental health graduate level practicum or internship program at an institution accredited by an accrediting agency approved by the United States Department of Education or the Association of Universities and Colleges of Canada.
(1)
(2) section 2 of this chapter;
may take the examination provided by the board.
(1) achieves a passing score, as determined by the board, on the examination provided under this chapter; and
(2) is otherwise qualified under this article.
(b) An individual may renew a mental health counselor license by:
(1) paying a renewal fee on or before the expiration date of the license; and
(2) completing at least twenty (20) hours of continuing education per licensure year.
(c) If an individual fails to pay a renewal on or before the expiration date of a mental health counselor license, the license becomes invalid.
[EFFECTIVE JULY 1, 2010]: Sec. 8.5. (a) A mental health counselor
associate license issued by the board is valid for the remainder of
the renewal period in effect on the date the certificate was issued.
(b) An individual may renew a mental health counselor
associate license two (2) times by:
(1) paying a renewal fee on or before the expiration date of
the license; and
(2) completing at least twenty (20) hours of continuing
education per licensure year.
(c) The board may renew a mental health counselor associate
license for additional periods based on circumstances determined
by the board.
(d) If an individual fails to pay a renewal on or before the
expiration date of a mental health counselor associate license, the
license becomes invalid.
(b) This section expires July 1, 2015.
(1) performs the acts of a salesperson without a salesperson license;
(2) performs the acts of a broker without a broker license; or
(3) conducts, or solicits or accepts enrollment of students for, a course as prescribed in IC 25-34.1-3 without course approval;
commits a Class A infraction. Upon conviction for an offense under this section, the court shall add to any fine imposed, the amount of any fee or other compensation earned in the commission of the offense. Each transaction constitutes a separate offense.
(b) In all actions for the collection of a fee or other compensation for performing acts regulated by this article, it must be alleged and proved
that, at the time the cause of action arose, the party seeking relief was
not in violation of this section.
(c) The commission may issue a cease and desist order to prevent
violations of this section.
(1) If the commission determines that a person is violating this
section, or is believed to be violating this section, the commission
may issue an order to that person setting forth the time and place
for a hearing at which the affected person may appear and show
cause as to why the challenged activities are not in violation of
this section.
(2) After an opportunity for hearing, if the commission determines
that the person is violating this section, the commission shall
issue a cease and desist order which shall describe the person and
activities which are the subject of the order.
(3) A cease and desist order issued under this section is
enforceable in the circuit courts of this state.
(d) The attorney general, the commission, or the prosecuting
attorney of any county in which a violation occurs may maintain an
action in the name of the state to enjoin a person from violating this
section.
(e) In charging any person in a complaint for an injunction or in
affidavit, information, or indictment with the violation of the provisions
of this section, it is sufficient, without averring any further or more
particular facts, to charge that the person upon a certain day and in a
certain county either acted as a real estate broker or salesperson not
having a license or conducted, or solicited or accepted enrollment of
students for, a broker or salesperson course without course approval.
(f) (c) Each enforcement procedure established in this section and
IC 25-1-7-14 is supplemental to other enforcement procedures
established in this section.
(1) performs:
(A) the acts of a licensed real estate appraiser without a license; or
(B) the acts of a certified real estate appraiser without a certificate; or
(2) conducts or solicits or accepts enrollment of students for a course without course approval as required by section 13 of this chapter;
commits a Class B infraction. When a judgment is entered for an
offense under this section, the court shall add to any fine imposed the
amount of any fee or other compensation earned in the commission of
the offense. Each transaction constitutes a separate offense.
(b) In all actions for the collection of a fee or other compensation for
performing acts regulated by this article, a party seeking relief must
allege and prove that at the time the cause of action arose the party was
not in violation of this section.
(c) The attorney general, the board, or the prosecuting attorney of
any county in which a violation occurs may maintain an action in the
name of the state of Indiana to enjoin a person from violating this
section.
(d) In charging any person in a complaint for a judgment or an
injunction for the violation of this section, it is sufficient, without
averring any further or more particular facts, to charge that the person
upon a certain day and in a certain county:
(1) acted as:
(A) a certified real estate appraiser without a certificate; or
(B) a licensed real estate appraiser without a license; or
(2) conducted, or solicited or accepted enrollment of students for
a real estate appraiser course without course approval.
(e) (c) Each enforcement procedure established in this section and
IC 25-1-7-14 is supplemental to other enforcement procedures
established in this section.
dentist, health service provider in psychology, podiatrist, osteopath,
optometrist, or chiropractor, or athletic trainer duly licensed under the
laws of this state.
(1) any services provided by individuals licensed under IC 25-5.1, IC 25-10, IC 25-13, IC 25-14, IC 25-22.5, IC 25-23, IC 25-24, IC 25-26, IC 25-27, IC 25-29, IC 25-33, or IC 25-35.6;
(2) services provided as a result of hospitalization;
(3) services incidental to the furnishing of services described in subdivision (1) or (2); or
(4) any other services or goods furnished for the purpose of preventing, alleviating, curing, or healing human illness, physical disability, or injury.
(b) The term does not include any service provided by, from, or through a licensed health care facility in connection with any life care, founder's fee, or other type of prepaid fee contract for residency and health care in a retirement home, community, or facility for elderly persons.
(1) The actual or relative potential for abuse.
(2) The scientific evidence of its pharmacological effect, if known.
(3) The state of current scientific knowledge regarding the substance.
(4) The history and current pattern of abuse.
(5) The scope, duration, and significance of abuse.
(6) The risk to public health.
(7) The potential of the substance to produce psychic or
physiological dependence liability.
(8) Whether the substance is an immediate precursor of a
substance already controlled under this article.
(b) After considering the factors enumerated in subsection (a), the
board shall make findings and recommendations concerning the control
of the substance if it finds the substance has a potential for abuse.
(c) If the board finds that a substance is an immediate precursor,
substances which are precursors of the controlled precursor shall not
be subject to control solely because they are precursors of the
controlled precursor.
(d) If any substance is designated or rescheduled to a more
restrictive schedule as a controlled substance under federal law and
notice is given to the board, the board shall recommend similar control
of the substance under this article in the board's report to the general
assembly, unless the board objects to inclusion or rescheduling. In that
case, the board shall publish the reasons for objection and afford all
interested parties an opportunity to be heard. At the conclusion of the
hearing, the board shall publish its findings.
(e) If a substance is rescheduled to a less restrictive schedule or
deleted as a controlled substance under federal law, the substance is
rescheduled or deleted under this article. If the board objects to
inclusion, rescheduling, or deletion of the substance, the board shall
notify the chairman of the legislative council not more than thirty (30)
days after the federal law is changed and the substance may not be
rescheduled or deleted until the conclusion of the next complete
session of the general assembly. The notice from the board to the
chairman of the legislative council must be published.
(f) There is established a sixteen (16) member controlled substances
advisory committee to serve as a consultative and advising body to the
board in all matters relating to the classification, reclassification,
addition to, or deletion from of all substances classified as controlled
substances in schedules I to IV or substances not controlled or yet to
come into being. In addition, The advisory committee board shall
conduct hearings and make recommendations to the board regarding
revocations, suspensions, and restrictions of registrations as provided
in IC 35-48-3-4. All hearings shall be conducted in accordance with
IC 4-21.5-3. The advisory committee shall be made up of:
(1) two (2) physicians licensed under IC 25-22.5, one (1) to be
elected by the medical licensing board of Indiana from among its
members and one (1) to be appointed by the governor;
(2) two (2) pharmacists, one (1) to be elected by the state board
of pharmacy from among its members and one (1) to be appointed
by the governor;
(3) two (2) dentists, one (1) to be elected by the state board of
dentistry from among its members and one (1) to be appointed by
the governor;
(4) the state toxicologist or the designee of the state toxicologist;
(5) two (2) veterinarians, one (1) to be elected by the state board
of veterinary medical examiners from among its members and one
(1) to be appointed by the governor;
(6) one (1) podiatrist to be elected by the board of podiatric
medicine from among its members;
(7) one (1) advanced practice nurse with authority to prescribe
legend drugs as provided by IC 25-23-1-19.5 who is:
(A) elected by the state board of nursing from among the
board's members; or
(B) if a board member does not meet the requirements under
IC 25-23-1-19.5 at the time of the vacancy on the advisory
committee, appointed by the governor;
(8) the superintendent of the state police department or the
superintendent's designee;
(9) three (3) members appointed by the governor who have
demonstrated expertise concerning controlled substances; and
(10) one (1) member appointed by the governor who is a
psychiatrist with expertise in child and adolescent psychiatry.
(g) All members of the advisory committee elected by a board shall
serve a term of one (1) year and all members of the advisory committee
appointed by the governor shall serve a term of four (4) years. Any
elected or appointed member of the advisory committee, may be
removed for cause by the authority electing or appointing the member.
If a vacancy occurs on the advisory committee, the authority electing
or appointing the vacating member shall elect or appoint a successor to
serve the unexpired term of the vacating member. The board shall
acquire the recommendations of the advisory committee pursuant to
administration over the controlled substances to be or not to be
included in schedules I to V, especially in the implementation of
scheduled substances changes as provided in subsection (d).
(h) (g) Authority to control under this section does not extend to
distilled spirits, wine, or malt beverages, as those terms are defined or
used in IC 7.1, or to tobacco.
(i) (h) The board shall exclude any nonnarcotic substance from a
schedule if that substance may, under the Federal Food, Drug, and
Cosmetic Act or state law, be sold over the counter without a
prescription.
(1) maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;
(2) compliance with applicable state and local law;
(3) any convictions of the applicant under any federal and state laws relating to any controlled substance;
(4) past experience in the manufacture or distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion;
(5) furnishing by the applicant of false or fraudulent material in any application filed under this article;
(6) suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense controlled substances as authorized by federal law; and
(7) any other factors relevant to and consistent with the public health and safety.
(b) Registration under subsection (a) of this section does not entitle a registrant to manufacture and distribute controlled substances in schedules I or II other than those specified in the registration.
(c) Practitioners must be registered to dispense any controlled substances or to conduct research with controlled substances in schedules II through V if they are authorized to dispense or conduct research under the law of this state. The board need not require separate registration under this chapter for practitioners engaging in research with nonnarcotic controlled substances in schedules II through V where the registrant is already registered under this chapter in another capacity, to the extent authorized by his registration in that other capacity.
(d) Registration to conduct research or instructional activities with controlled substances in schedules I through V does not entitle a registrant to conduct research or instructional activities with controlled substances other than those approved by the
(e) Compliance by manufacturers and distributors with the provisions of the federal law respecting registration (excluding fees) entitles them to be registered under this article.
(1) has furnished false or fraudulent material information in any application filed under this article;
(2) has violated any state or federal law relating to any controlled substance;
(3) has had
(4) has failed to maintain reasonable controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels.
(b) The board may limit revocation or suspension of a registration or the denial of an application for registration or re-registration to the particular controlled substance with respect to which grounds for revocation, suspension, or denial exist.
(c) If the board suspends or revokes a registration or denies an application for re-registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation or denial order may be placed under seal. The board may require the removal of such substances from the premises. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation or denial order becoming final, all controlled substances may be forfeited to the state.
(d) The board shall promptly notify the drug enforcement administration of all orders suspending or revoking registration, all orders denying any application for registration or re-registration, and all forfeitures of controlled substances.
(e) If the Drug Enforcement Administration terminates, denies, suspends, or revokes a federal registration for the manufacture, distribution, or dispensing of controlled substances, a registration issued by the board under this chapter is automatically suspended.
(f) The board may reinstate a registration that has been suspended
under subsection (e), after a hearing, if the board is satisfied that the
applicant is able to manufacture, distribute, or dispense controlled
substances with reasonable skill and safety to the public. As a condition
of reinstatement, the board may impose disciplinary or corrective
measures authorized under IC 25-1-9-9 or this article.
(g) A registration issued under this chapter is automatically
revoked if any state license authorizing a dispenser to act as a
practitioner is revoked.
(b) The
(c) If an applicant for re-registration (who is doing business under a registration previously granted and not revoked nor suspended) has applied for re-registration at least forty-five (45) days before the date on which the existing registration is due to expire, the existing registration of the applicant shall automatically be extended and continue in effect until the date on which the board so issues its order. The board may extend any other existing registration under the circumstances contemplated in this section even though the registrant
failed to apply for re-registration at least forty-five (45) days before
expiration of the existing registration, with or without request by the
registrant, if the board finds that such extension is not inconsistent with
the public health and safety.
(1) Each time a controlled substance designated by the
(A) The controlled substance recipient's name.
(B) The controlled substance recipient's or the recipient representative's identification number or the identification number or phrase designated by the INSPECT program.
(C) The controlled substance recipient's date of birth.
(D) The national drug code number of the controlled substance dispensed.
(E) The date the controlled substance is dispensed.
(F) The quantity of the controlled substance dispensed.
(G) The number of days of supply dispensed.
(H) The dispenser's United States Drug Enforcement Agency registration number.
(I) The prescriber's United States Drug Enforcement Agency registration number.
(J) An indication as to whether the prescription was transmitted to the pharmacist orally or in writing.
(K) Other data required by the
(2) The information required to be transmitted under this section must be transmitted not more than seven (7) days after the date on which a controlled substance is dispensed.
(3) A dispenser shall transmit the information required under this section by:
(A) uploading to the INSPECT web site;
(B) a computer diskette; or
(C) a CD-ROM disk;
that meets specifications prescribed by the
(4) The
(5) The costs of the program.
(1) Create a data base for information required to be transmitted under section 8.1 of this chapter in the form required under rules adopted by the
(A) A controlled substance recipient's name.
(B) A controlled substance recipient's or recipient representative's identification number.
(C) A controlled substance recipient's date of birth.
(D) The national drug code number of a controlled substance dispensed.
(E) The dates a controlled substance is dispensed.
(F) The quantities of a controlled substance dispensed.
(G) The number of days of supply dispensed.
(H) A dispenser's United States Drug Enforcement Agency registration number.
(I) A prescriber's United States Drug Enforcement Agency registration number.
(J) Whether a prescription was transmitted to the pharmacist orally or in writing.
(2) Provide the
(3) Secure the information collected and the data base maintained against access by unauthorized persons.
(1) A member of the board
(2) An investigator for the consumer protection division of the office of the attorney general, a prosecuting attorney, the attorney general, a deputy attorney general, or an investigator from the office of the attorney general, who is engaged in:
(A) an investigation;
(B) an adjudication; or
(C) a prosecution;
of a violation under any state or federal law that involves a controlled substance.
(3) A law enforcement officer who is an employee of:
(A) a local, state, or federal law enforcement agency; or
(B) an entity that regulates controlled substances or enforces
controlled substances rules or laws in another state;
that is certified to receive information from the INSPECT
program.
(4) A practitioner or practitioner's agent certified to receive
information from the INSPECT program.
(5) A controlled substance monitoring program in another state
with which Indiana has established an interoperability agreement.
(f) (e) Information provided to an individual under:
(1) subsection (e)(3) (d)(3) is limited to information:
(A) concerning an individual or proceeding involving the
unlawful diversion or misuse of a schedule II, III, IV, or V
controlled substance; and
(B) that will assist in an investigation or proceeding; and
(2) subsection (e)(4) (d)(4) may be released only for the purpose
of:
(A) providing medical or pharmaceutical treatment; or
(B) evaluating the need for providing medical or
pharmaceutical treatment to a patient.
(g) (f) Before the advisory committee board releases confidential
information under subsection (e), (d), the applicant must be approved
by the INSPECT program in a manner prescribed by the advisory
committee. board.
(h) (g) The advisory committee board may release to:
(1) a member of the board the advisory committee, or another
governing body that licenses practitioners;
(2) an investigator for the consumer protection division of the
office of the attorney general, a prosecuting attorney, the attorney
general, a deputy attorney general, or an investigator from the
office of the attorney general; or
(3) a law enforcement officer who is:
(A) authorized by the state police department to receive the
type of information released; and
(B) approved by the advisory committee board to receive the
type of information released;
confidential information generated from computer records that
identifies practitioners who are prescribing or dispensing large
quantities of a controlled substance.
(i) (h) The information described in subsection (h) (g) may not be
released until it has been reviewed by:
(1) a member of the advisory committee board who is licensed in
the same profession as the prescribing or dispensing practitioner
identified by the data; or
(2) the
and until that member or the designee has certified that further investigation is warranted. However, failure to comply with this subsection does not invalidate the use of any evidence that is otherwise admissible in a proceeding described in subsection
(1) A proceeding under IC 16-42-20.
(2) A proceeding under any state or federal law that involves a controlled substance.
(3) A criminal proceeding or a proceeding in juvenile court that involves a controlled substance.
(1) Information collection and retrieval procedures for the
INSPECT program, including the controlled substances to be
included in the program required under section 8.1 of this chapter.
(2) Design for the creation of the data base required under section
10.1 of this chapter.
(3) Requirements for the development and installation of online
electronic access by the advisory committee board to information
collected by the INSPECT program.
(4) Identification of emergency situations or other circumstances
in which a practitioner may prescribe, dispense, and administer a
prescription drug specified in section 8.1 of this chapter without
a written prescription or on a form other than a form specified in
section 8.1(b)(4) 8.1(4) of this chapter.
(c) (b) The advisory committee board may:
(1) Set standards for education courses for individuals authorized
to use the INSPECT program.
(2) Identify treatment programs for individuals addicted to
controlled substances monitored by the INSPECT program.
(3) Work with impaired practitioner associations to provide
intervention and treatment.
; (10)IN1098.1.77. --> SECTION 77. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2010]: IC 25-2.1-13-1; IC 25-6.1-7-3; IC 25-7; IC 25-8-3-3; IC 25-8-3-4; IC 25-14-1-14; IC 25-19-1-14; IC 25-20.2-8-4; IC 25-20.5-1; IC 25-21.5-11-1; IC 25-22.5-8-4; IC 25-23-1-27.2; IC 25-24-1-19; IC 25-26-13-28; IC 25-30-1-22; IC 25-30-1.3-24; IC 25-31-1-29; IC 25-32-1; IC 25-33-1-16; IC 25-38.1-4-12; IC 35-48-1-4; IC 35-48-2-1.5; IC 35-48-7-1.
(b) IC 27-13-1-18, as amended by this act, applies to an individual contract (as defined in IC 27-13-1-21) or a group contract (as defined in IC 27-13-1-16) that is entered into, delivered, amended, or renewed after June 30, 2010.
(c) This SECTION expires July 1, 2015.
(b) Any license by the:
(1) state board of barber examiners (IC 25-7-5-1 (before its repeal)); or
(2) state board of cosmetology examiners (IC 25-8-3-1);
as effective on June 30, 2010, and before July 1, 2010, shall be
treated after June 30, 2010, as if the license had been issued by the
state board of cosmetology and barber examiners under
IC 25-8-3-1, as amended by this act.
(c) On July 1, 2010, all the powers, duties, orders, and liabilities
of the:
(1) state board of barber examiners (IC 25-7-5-1 (before its
repeal)); or
(2) state board of cosmetology examiners (IC 25-8-3-1);
concerning the examination, licensing, and disciplining of a person
licensed or an applicant applying for a license under IC 25-7
(before its repeal) or IC 25-8, as amended by this act, are
transferred to the state board of cosmetology and barber
examiners under IC 25-8-3-1, as amended by this act.
(d) On July 1, 2010, the property and records of the:
(1) state board of barber examiners (IC 25-7-5-1 (before its
repeal)); or
(2) state board of cosmetology examiners (IC 25-8-3-1);
concerning the examination, licensing, and disciplining of a person
licensed or an applicant applying for a license under IC 25-7
(before its repeal) or IC 25-8, as amended by this act, are
transferred to the state board of cosmetology and barber
examiners under IC 25-8-3-1, as amended by this act.
(e) Any rules adopted by the:
(1) state board of barber examiners (IC 25-7-5-1 (before its
repeal)); or
(2) state board of cosmetology examiners (IC 25-8-3-1); and
in effect on June 30, 2010, shall be treated as rules of the state
board of cosmetology and barber examiners under IC 25-8-3-1, as
amended by this act, on July 1, 2010.
(f) Notwithstanding IC 25-8-3-7, the initial terms of office of the
members of the board appointed under IC 25-8-3-5, as amended by
this act, are as follows:
(1) One (1) member appointed under IC 25-8-3-5(b)(1) and
one (1) member appointed under IC 25-8-3-5(b)(2), three (3)
years.
(2) One (1) member appointed under IC 25-8-3-5(b)(2), one
(1) member appointed under IC 25-8-3-5(b)(3), and one (1)
member appointed under IC 25-8-3-5(b)(4), two (2) years.
(3) One (1) member appointed under IC 25-8-3-5(b)(1) and
one (1) member appointed under IC 25-8-3-5(b)(5), one (1)
year.
The governor shall specify the terms of the cosmetologist and
barber members described in subdivisions (1), (2), and (3) when
making the initial appointments.
(g) The initial terms of the appointed members begin July 1,
2010.
(h) This SECTION expires July 1, 2015.
(b) On July 1, 2010, the powers, duties, orders, liabilities, property, and records of the controlled substances advisory committee (IC 35-48-2-1) concerning the investigation, licensing, and disciplining of a person licensed or an applicant applying for a license under IC 35-48, as amended by this act, are transferred to the Indiana board of pharmacy (IC 25-26).
(c) This SECTION expires July 1, 2015.