Reprinted
January 26, 2012
HOUSE BILL No. 1196
_____
DIGEST OF HB 1196
(Updated January 25, 2012 3:26 pm - DI 69)
Citations Affected: IC 4-22; IC 16-31; IC 20-28; IC 22-15; IC 25-1;
IC 25-26; IC 35-41; IC 35-48.
Synopsis: Synthetic drugs (including "bath salts"). Changes the term
"synthetic cannabinoid" to "synthetic drug". Adds additional chemical
compounds (including some compounds sold as "bath salts") to the
definition of synthetic drugs and expands the definition of synthetic
drugs to include certain chemical compounds that are structurally
related to synthetic drugs. Allows the board of pharmacy (board) to
adopt an emergency rule to declare that a substance is a synthetic drug.
Provides that the definition of synthetic drug includes a compound
determined to be a synthetic drug by a rule adopted by the board.
Enhances penalties for dealing in or possessing a synthetic drug if the
amount of the synthetic drug is more than two grams.
Effective: Upon passage.
Smith M, Yarde
, Davisson
,
DeLaney
, Austin
January 9, 2012, read first time and referred to Committee on Courts and Criminal Code.
January 17, 2012, amended, reported _ Do Pass.
January 25, 2012, read second time, amended, ordered engrossed.
Reprinted
January 26, 2012
Second Regular Session 117th General Assembly (2012)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
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this style type reconciles conflicts
between statutes enacted by the 2011 Regular Session of the General Assembly.
HOUSE BILL No. 1196
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-22-2-37.1; (12)HB1196.2.1. -->
SECTION 1. IC 4-22-2-37.1, AS AMENDED BY P.L.229-2011,
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 37.1. (a) This section applies to a rulemaking
action resulting in any of the following rules:
(1) An order adopted by the commissioner of the Indiana
department of transportation under IC 9-20-1-3(d) or
IC 9-21-4-7(a) and designated by the commissioner as an
emergency rule.
(2) An action taken by the director of the department of natural
resources under IC 14-22-2-6(d) or IC 14-22-6-13.
(3) An emergency temporary standard adopted by the
occupational safety standards commission under
IC 22-8-1.1-16.1.
(4) An emergency rule adopted by the solid waste management
board under IC 13-22-2-3 and classifying a waste as hazardous.
(5) A rule, other than a rule described in subdivision (6), adopted
by the department of financial institutions under IC 24-4.5-6-107
and declared necessary to meet an emergency.
(6) A rule required under IC 24-4.5-1-106 that is adopted by the
department of financial institutions and declared necessary to
meet an emergency under IC 24-4.5-6-107.
(7) A rule adopted by the Indiana utility regulatory commission to
address an emergency under IC 8-1-2-113.
(8) An emergency rule adopted by the state lottery commission
under IC 4-30-3-9.
(9) A rule adopted under IC 16-19-3-5 or IC 16-41-2-1 that the
executive board of the state department of health declares is
necessary to meet an emergency.
(10) An emergency rule adopted by the Indiana finance authority
under IC 8-21-12.
(11) An emergency rule adopted by the insurance commissioner
under IC 27-1-23-7 or IC 27-1-12.1.
(12) An emergency rule adopted by the Indiana horse racing
commission under IC 4-31-3-9.
(13) An emergency rule adopted by the air pollution control
board, the solid waste management board, or the water pollution
control board under IC 13-15-4-10(4) or to comply with a
deadline required by or other date provided by federal law,
provided:
(A) the variance procedures are included in the rules; and
(B) permits or licenses granted during the period the
emergency rule is in effect are reviewed after the emergency
rule expires.
(14) An emergency rule adopted by the Indiana election
commission under IC 3-6-4.1-14.
(15) An emergency rule adopted by the department of natural
resources under IC 14-10-2-5.
(16) An emergency rule adopted by the Indiana gaming
commission under IC 4-32.2-3-3(b), IC 4-33-4-2, IC 4-33-4-3,
IC 4-33-4-14, IC 4-33-22-12, or IC 4-35-4-2.
(17) An emergency rule adopted by the alcohol and tobacco
commission under IC 7.1-3-17.5, IC 7.1-3-17.7, or
IC 7.1-3-20-24.4.
(18) An emergency rule adopted by the department of financial
institutions under IC 28-15-11.
(19) An emergency rule adopted by the office of the secretary of
family and social services under IC 12-8-1-12.
(20) An emergency rule adopted by the office of the children's
health insurance program under IC 12-17.6-2-11.
(21) An emergency rule adopted by the office of Medicaid policy
and planning under IC 12-15-41-15.
(22) An emergency rule adopted by the Indiana state board of
animal health under IC 15-17-10-9.
(23) An emergency rule adopted by the board of directors of the
Indiana education savings authority under IC 21-9-4-7.
(24) An emergency rule adopted by the Indiana board of tax
review under IC 6-1.1-4-34 (repealed).
(25) An emergency rule adopted by the department of local
government finance under IC 6-1.1-4-33 (repealed).
(26) An emergency rule adopted by the boiler and pressure vessel
rules board under IC 22-13-2-8(c).
(27) An emergency rule adopted by the Indiana board of tax
review under IC 6-1.1-4-37(l) (repealed) or an emergency rule
adopted by the department of local government finance under
IC 6-1.1-4-36(j) (repealed) or IC 6-1.1-22.5-20.
(28) An emergency rule adopted by the board of the Indiana
economic development corporation under IC 5-28-5-8.
(29) A rule adopted by the department of financial institutions
under IC 34-55-10-2.5.
(30) A rule adopted by the Indiana finance authority:
(A) under IC 8-15.5-7 approving user fees (as defined in
IC 8-15.5-2-10) provided for in a public-private agreement
under IC 8-15.5;
(B) under IC 8-15-2-17.2(a)(10):
(i) establishing enforcement procedures; and
(ii) making assessments for failure to pay required tolls;
(C) under IC 8-15-2-14(a)(3) authorizing the use of and
establishing procedures for the implementation of the
collection of user fees by electronic or other nonmanual
means; or
(D) to make other changes to existing rules related to a toll
road project to accommodate the provisions of a public-private
agreement under IC 8-15.5.
(31) An emergency rule adopted by the board of the Indiana
health informatics corporation under IC 5-31-5-8.
(32) An emergency rule adopted by the department of child
services under IC 31-25-2-21, IC 31-27-2-4, IC 31-27-4-2, or
IC 31-27-4-3.
(33) An emergency rule adopted by the Indiana real estate
commission under IC 25-34.1-2-5(15).
(34) A rule adopted by the department of financial institutions
under IC 24-4.4-1-101 and determined necessary to meet an
emergency.
(35) An emergency rule adopted by the state board of pharmacy
regarding returning unused medication under IC 25-26-23.
(36) An emergency rule adopted by the department of local
government finance under IC 6-1.1-12.6 or IC 6-1.1-12.8.
(37) An emergency rule adopted by the office of the secretary of
family and social services or the office of Medicaid policy and
planning concerning the following:
(A) Federal Medicaid waiver program provisions.
(B) Federal programs administered by the office of the
secretary.
(38) An emergency rule adopted by the Indiana board of
pharmacy declaring a substance to be a synthetic drug under
IC 25-26-13-4.1.
(b) The following do not apply to rules described in subsection (a):
(1) Sections 24 through 36 of this chapter.
(2) IC 13-14-9.
(c) After a rule described in subsection (a) has been adopted by the
agency, the agency shall submit the rule to the publisher for the
assignment of a document control number. The agency shall submit the
rule in the form required by section 20 of this chapter and with the
documents required by section 21 of this chapter. The publisher shall
determine the format of the rule and other documents to be submitted
under this subsection.
(d) After the document control number has been assigned, the
agency shall submit the rule to the publisher for filing. The agency
shall submit the rule in the form required by section 20 of this chapter
and with the documents required by section 21 of this chapter. The
publisher shall determine the format of the rule and other documents
to be submitted under this subsection.
(e) Subject to section 39 of this chapter, the publisher shall:
(1) accept the rule for filing; and
(2) electronically record the date and time that the rule is
accepted.
(f) A rule described in subsection (a) takes effect on the latest of the
following dates:
(1) The effective date of the statute delegating authority to the
agency to adopt the rule.
(2) The date and time that the rule is accepted for filing under
subsection (e).
(3) The effective date stated by the adopting agency in the rule.
(4) The date of compliance with every requirement established by
law as a prerequisite to the adoption or effectiveness of the rule.
(5) The statutory effective date for an emergency rule set
forth in the statute authorizing the agency to adopt emergency
rules.
(g) Subject to subsection (h), IC 14-10-2-5, IC 14-22-2-6,
IC 22-8-1.1-16.1, and IC 22-13-2-8(c), and except as provided in
subsections (j), (k),
and (l),
and (n), a rule adopted under this section
expires not later than ninety (90) days after the rule is accepted for
filing under subsection (e). Except for a rule adopted under subsection
(a)(13), (a)(24), (a)(25), or (a)(27), the rule may be extended by
adopting another rule under this section, but only for one (1) extension
period. The extension period for a rule adopted under subsection
(a)(28) may not exceed the period for which the original rule was in
effect. A rule adopted under subsection (a)(13) may be extended for
two (2) extension periods. Subject to subsection (j), a rule adopted
under subsection (a)(24), (a)(25), or (a)(27) may be extended for an
unlimited number of extension periods. Except for a rule adopted under
subsection (a)(13), for a rule adopted under this section to be effective
after one (1) extension period, the rule must be adopted under:
(1) sections 24 through 36 of this chapter; or
(2) IC 13-14-9;
as applicable.
(h) A rule described in subsection (a)(8), (a)(12), (a)(19), (a)(20),
(a)(21), (a)(29), or (a)(37) expires on the earlier of the following dates:
(1) The expiration date stated by the adopting agency in the rule.
(2) The date that the rule is amended or repealed by a later rule
adopted under sections 24 through 36 of this chapter or this
section.
(i) This section may not be used to readopt a rule under IC 4-22-2.5.
(j) A rule described in subsection (a)(24) or (a)(25) expires not later
than January 1, 2006.
(k) A rule described in subsection (a)(28) expires on the expiration
date stated by the board of the Indiana economic development
corporation in the rule.
(l) A rule described in subsection (a)(30) expires on the expiration
date stated by the Indiana finance authority in the rule.
(m) A rule described in subsection (a)(5) or (a)(6) expires on the
date the department is next required to issue a rule under the statute
authorizing or requiring the rule.
(n) A rule described in subsection (a)(38) expires on June 30 of
the year following the year in which it is filed with the publisher
under this section.
SOURCE: IC 16-31-3-14; (12)HB1196.2.2. -->
SECTION 2. IC 16-31-3-14, AS AMENDED BY P.L.182-2011,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 14. (a) A person holding a certificate issued
under this article must comply with the applicable standards and rules
established under this article. A certificate holder is subject to
disciplinary sanctions under subsection (b) if the department of
homeland security determines that the certificate holder:
(1) engaged in or knowingly cooperated in fraud or material
deception in order to obtain a certificate, including cheating on a
certification examination;
(2) engaged in fraud or material deception in the course of
professional services or activities;
(3) advertised services or goods in a false or misleading manner;
(4) falsified or knowingly allowed another person to falsify
attendance records or certificates of completion of continuing
education courses required under this article or rules adopted
under this article;
(5) is convicted of a crime, if the act that resulted in the
conviction has a direct bearing on determining if the certificate
holder should be entrusted to provide emergency medical
services;
(6) is convicted of violating IC 9-19-14.5;
(7) fails to comply and maintain compliance with or violates any
applicable provision, standard, or other requirement of this article
or rules adopted under this article;
(8) continues to practice if the certificate holder becomes unfit to
practice due to:
(A) professional incompetence that includes the undertaking
of professional activities that the certificate holder is not
qualified by training or experience to undertake;
(B) failure to keep abreast of current professional theory or
practice;
(C) physical or mental disability; or
(D) addiction to, abuse of, or dependency on alcohol or other
drugs that endanger the public by impairing the certificate
holder's ability to practice safely;
(9) engages in a course of lewd or immoral conduct in connection
with the delivery of services to the public;
(10) allows the certificate holder's name or a certificate issued
under this article to be used in connection with a person who
renders services beyond the scope of that person's training,
experience, or competence;
(11) is subjected to disciplinary action in another state or
jurisdiction on grounds similar to those contained in this chapter.
For purposes of this subdivision, a certified copy of a record of
disciplinary action constitutes prima facie evidence of a
disciplinary action in another jurisdiction;
(12) assists another person in committing an act that would
constitute a ground for disciplinary sanction under this chapter;
or
(13) allows a certificate issued by the commission to be:
(A) used by another person; or
(B) displayed to the public when the certificate is expired,
inactive, invalid, revoked, or suspended.
(b) The department of homeland security may issue an order under
IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if
the department of homeland security determines that a certificate
holder is subject to disciplinary sanctions under subsection (a):
(1) Revocation of a certificate holder's certificate for a period not
to exceed seven (7) years.
(2) Suspension of a certificate holder's certificate for a period not
to exceed seven (7) years.
(3) Censure of a certificate holder.
(4) Issuance of a letter of reprimand.
(5) Assessment of a civil penalty against the certificate holder in
accordance with the following:
(A) The civil penalty may not exceed five hundred dollars
($500) per day per violation.
(B) If the certificate holder fails to pay the civil penalty within
the time specified by the department of homeland security, the
department of homeland security may suspend the certificate
holder's certificate without additional proceedings.
(6) Placement of a certificate holder on probation status and
requirement of the certificate holder to:
(A) report regularly to the department of homeland security
upon the matters that are the basis of probation;
(B) limit practice to those areas prescribed by the department
of homeland security;
(C) continue or renew professional education approved by the
department of homeland security until a satisfactory degree of
skill has been attained in those areas that are the basis of the
probation; or
(D) perform or refrain from performing any acts, including
community restitution or service without compensation, that
the department of homeland security considers appropriate to
the public interest or to the rehabilitation or treatment of the
certificate holder.
The department of homeland security may withdraw or modify
this probation if the department of homeland security finds after
a hearing that the deficiency that required disciplinary action is
remedied or that changed circumstances warrant a modification
of the order.
(c) If an applicant or a certificate holder has engaged in or
knowingly cooperated in fraud or material deception to obtain a
certificate, including cheating on the certification examination, the
department of homeland security may rescind the certificate if it has
been granted, void the examination or other fraudulent or deceptive
material, and prohibit the applicant from reapplying for the certificate
for a length of time established by the department of homeland
security.
(d) The department of homeland security may deny certification to
an applicant who would be subject to disciplinary sanctions under
subsection (b) if that person were a certificate holder, has had
disciplinary action taken against the applicant or the applicant's
certificate to practice in another state or jurisdiction, or has practiced
without a certificate in violation of the law. A certified copy of the
record of disciplinary action is conclusive evidence of the other
jurisdiction's disciplinary action.
(e) The department of homeland security may order a certificate
holder to submit to a reasonable physical or mental examination if the
certificate holder's physical or mental capacity to practice safely and
competently is at issue in a disciplinary proceeding. Failure to comply
with a department of homeland security order to submit to a physical
or mental examination makes a certificate holder liable to temporary
suspension under subsection (i).
(f) Except as provided under subsection (a), subsection (g), and
section 14.5 of this chapter, a certificate may not be denied, revoked,
or suspended because the applicant or certificate holder has been
convicted of an offense. The acts from which the applicant's or
certificate holder's conviction resulted may be considered as to whether
the applicant or certificate holder should be entrusted to serve the
public in a specific capacity.
(g) The department of homeland security may deny, suspend, or
revoke a certificate issued under this article if the individual who holds
or is applying for the certificate is convicted of any of the following:
(1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
(2) Possession of methamphetamine under IC 35-48-4-6.1.
(3) Possession of a controlled substance under IC 35-48-4-7(a).
(4) Fraudulently obtaining a controlled substance under
IC 35-48-4-7(b).
(5) Manufacture of paraphernalia as a Class D felony under
IC 35-48-4-8.1(b).
(6) Dealing in paraphernalia as a Class D felony under
IC 35-48-4-8.5(b).
(7) Possession of paraphernalia as a Class D felony under
IC 35-48-4-8.3(b).
(8) Possession of marijuana, hash oil, hashish, salvia, or a
synthetic
cannabinoid drug as a Class D felony under
IC 35-48-4-11.
(9) Maintaining a common nuisance under IC 35-48-4-13.
(10) An offense relating to registration, labeling, and prescription
forms under IC 35-48-4-14.
(11) Conspiracy under IC 35-41-5-2 to commit an offense listed
in subdivisions (1) through (10).
(12) Attempt under IC 35-41-5-1 to commit an offense listed in
subdivisions (1) through (10).
(13) An offense in any other jurisdiction in which the elements of
the offense for which the conviction was entered are substantially
similar to the elements of an offense described by subdivisions (1)
through (12).
(h) A decision of the department of homeland security under
subsections (b) through (g) may be appealed to the commission under
IC 4-21.5-3-7.
(i) The department of homeland security may temporarily suspend
a certificate holder's certificate under IC 4-21.5-4 before a final
adjudication or during the appeals process if the department of
homeland security finds that a certificate holder would represent a clear
and immediate danger to the public's health, safety, or property if the
certificate holder were allowed to continue to practice.
(j) On receipt of a complaint or information alleging that a person
certified under this chapter or IC 16-31-3.5 has engaged in or is
engaging in a practice that is subject to disciplinary sanctions under
this chapter, the department of homeland security must initiate an
investigation against the person.
(k) The department of homeland security shall conduct a factfinding
investigation as the department of homeland security considers proper
in relation to the complaint.
(l) The department of homeland security may reinstate a certificate
that has been suspended under this section if the department of
homeland security is satisfied that the applicant is able to practice with
reasonable skill, competency, and safety to the public. As a condition
of reinstatement, the department of homeland security may impose
disciplinary or corrective measures authorized under this chapter.
(m) The department of homeland security may not reinstate a
certificate that has been revoked under this chapter.
(n) The department of homeland security must be consistent in the
application of sanctions authorized in this chapter. Significant
departures from prior decisions involving similar conduct must be
explained in the department of homeland security's findings or orders.
(o) A certificate holder may not surrender the certificate holder's
certificate without the written approval of the department of homeland
security, and the department of homeland security may impose any
conditions appropriate to the surrender or reinstatement of a
surrendered certificate.
(p) For purposes of this section, "certificate holder" means a person
who holds:
(1) an unlimited certificate;
(2) a limited or probationary certificate; or
(3) an inactive certificate.
SOURCE: IC 16-31-3-14.5; (12)HB1196.2.3. -->
SECTION 3. IC 16-31-3-14.5, AS AMENDED BY P.L.182-2011,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 14.5. The department of homeland security
may issue an order under IC 4-21.5-3-6 to deny an applicant's request
for certification or permanently revoke a certificate under procedures
provided by section 14 of this chapter if the individual who holds the
certificate issued under this title is convicted of any of the following:
(1) Dealing in or manufacturing cocaine or a narcotic drug under
IC 35-48-4-1.
(2) Dealing in methamphetamine under IC 35-48-4-1.1.
(3) Dealing in a schedule I, II, or III controlled substance under
IC 35-48-4-2.
(4) Dealing in a schedule IV controlled substance under
IC 35-48-4-3.
(5) Dealing in a schedule V controlled substance under
IC 35-48-4-4.
(6) Dealing in a substance represented to be a controlled
substance under IC 35-48-4-4.5.
(7) Knowingly or intentionally manufacturing, advertising,
distributing, or possessing with intent to manufacture, advertise,
or distribute a substance represented to be a controlled substance
under IC 35-48-4-4.6.
(8) Dealing in a counterfeit substance under IC 35-48-4-5.
(9) Dealing in marijuana, hash oil, hashish, salvia, or a synthetic
cannabinoid drug under IC 35-48-4-10(b).
(10) Conspiracy under IC 35-41-5-2 to commit an offense listed
in subdivisions (1) through (9).
(11) Attempt under IC 35-41-5-1 to commit an offense listed in
subdivisions (1) through (9).
(12) A crime of violence (as defined in IC 35-50-1-2(a)).
(13) An offense in any other jurisdiction in which the elements of
the offense for which the conviction was entered are substantially
similar to the elements of an offense described under subdivisions
(1) through (12).
SOURCE: IC 20-28-5-8; (12)HB1196.2.4. -->
SECTION 4. IC 20-28-5-8, AS AMENDED BY P.L.155-2011,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) This section applies when a prosecuting
attorney knows that a licensed employee of a public school or a
nonpublic school has been convicted of an offense listed in subsection
(c). The prosecuting attorney shall immediately give written notice of
the conviction to the following:
(1) The state superintendent.
(2) Except as provided in subdivision (3), the superintendent of
the school corporation that employs the licensed employee or the
equivalent authority if a nonpublic school employs the licensed
employee.
(3) The presiding officer of the governing body of the school
corporation that employs the licensed employee, if the convicted
licensed employee is the superintendent of the school corporation.
(b) The superintendent of a school corporation, presiding officer of
the governing body, or equivalent authority for a nonpublic school shall
immediately notify the state superintendent when the individual knows
that a current or former licensed employee of the public school or
nonpublic school has been convicted of an offense listed in subsection
(c), or when the governing body or equivalent authority for a nonpublic
school takes any final action in relation to an employee who engaged
in any offense listed in subsection (c).
(c) The department, after holding a hearing on the matter, shall
permanently revoke the license of a person who is known by the
department to have been convicted of any of the following felonies:
(1) Kidnapping (IC 35-42-3-2).
(2) Criminal confinement (IC 35-42-3-3).
(3) Rape (IC 35-42-4-1).
(4) Criminal deviate conduct (IC 35-42-4-2).
(5) Child molesting (IC 35-42-4-3).
(6) Child exploitation (IC 35-42-4-4(b)).
(7) Vicarious sexual gratification (IC 35-42-4-5).
(8) Child solicitation (IC 35-42-4-6).
(9) Child seduction (IC 35-42-4-7).
(10) Sexual misconduct with a minor (IC 35-42-4-9).
(11) Incest (IC 35-46-1-3).
(12) Dealing in or manufacturing cocaine or a narcotic drug
(IC 35-48-4-1).
(13) Dealing in methamphetamine (IC 35-48-4-1.1).
(14) Dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2).
(15) Dealing in a schedule IV controlled substance
(IC 35-48-4-3).
(16) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(17) Dealing in a counterfeit substance (IC 35-48-4-5).
(18) Dealing in marijuana, hash oil, hashish, salvia, or a synthetic
cannabinoid drug (IC 35-48-4-10(b)).
(19) Possession of child pornography (IC 35-42-4-4(c)).
(20) Homicide (IC 35-42-1).
(21) Voluntary manslaughter (IC 35-42-1-3).
(22) Reckless homicide (IC 35-42-1-5).
(23) Battery as any of the following:
(A) A Class A felony (IC 35-42-2-1(a)(5)).
(B) A Class B felony (IC 35-42-2-1(a)(4)).
(C) A Class C felony (IC 35-42-2-1(a)(3)).
(24) Aggravated battery (IC 35-42-2-1.5).
(25) Robbery (IC 35-42-5-1).
(26) Carjacking (IC 35-42-5-2).
(27) Arson as a Class A felony or a Class B felony
(IC 35-43-1-1(a)).
(28) Burglary as a Class A felony or a Class B felony
(IC 35-43-2-1).
(29) Attempt under IC 35-41-5-1 to commit an offense listed in
subdivisions (1) through (28).
(30) Conspiracy under IC 35-41-5-2 to commit an offense listed
in subdivisions (1) through (28).
(d) The department, after holding a hearing on the matter, shall
permanently revoke the license of a person who is known by the
department to have been convicted of a federal offense or an offense in
another state that is comparable to a felony listed in subsection (c).
(e) A license may be suspended by the state superintendent as
specified in IC 20-28-7.5.
(f) The department shall develop a data base of information on
school corporation employees who have been reported to the
department under this section.
SOURCE: IC 22-15-5-16; (12)HB1196.2.5. -->
SECTION 5. IC 22-15-5-16, AS AMENDED BY P.L.182-2011,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 16. (a) A practitioner shall comply with the
standards established under this licensing program. A practitioner is
subject to the exercise of the disciplinary sanctions under subsection
(b) if the department finds that a practitioner has:
(1) engaged in or knowingly cooperated in fraud or material
deception in order to obtain a license to practice, including
cheating on a licensing examination;
(2) engaged in fraud or material deception in the course of
professional services or activities;
(3) advertised services or goods in a false or misleading manner;
(4) falsified or knowingly allowed another person to falsify
attendance records or certificates of completion of continuing
education courses provided under this chapter;
(5) been convicted of a crime that has a direct bearing on the
practitioner's ability to continue to practice competently;
(6) knowingly violated a state statute or rule or federal statute or
regulation regulating the profession for which the practitioner is
licensed;
(7) continued to practice although the practitioner has become
unfit to practice due to:
(A) professional incompetence;
(B) failure to keep abreast of current professional theory or
practice;
(C) physical or mental disability; or
(D) addiction to, abuse of, or severe dependency on alcohol or
other drugs that endanger the public by impairing a
practitioner's ability to practice safely;
(8) engaged in a course of lewd or immoral conduct in connection
with the delivery of services to the public;
(9) allowed the practitioner's name or a license issued under this
chapter to be used in connection with an individual or business
who renders services beyond the scope of that individual's or
business's training, experience, or competence;
(10) had disciplinary action taken against the practitioner or the
practitioner's license to practice in another state or jurisdiction on
grounds similar to those under this chapter;
(11) assisted another person in committing an act that would
constitute a ground for disciplinary sanction under this chapter;
or
(12) allowed a license issued by the department to be:
(A) used by another person; or
(B) displayed to the public when the license has expired, is
inactive, is invalid, or has been revoked or suspended.
For purposes of subdivision (10), a certified copy of a record of
disciplinary action constitutes prima facie evidence of a disciplinary
action in another jurisdiction.
(b) The department may impose one (1) or more of the following
sanctions if the department finds that a practitioner is subject to
disciplinary sanctions under subsection (a):
(1) Permanent revocation of a practitioner's license.
(2) Suspension of a practitioner's license.
(3) Censure of a practitioner.
(4) Issuance of a letter of reprimand.
(5) Assess a civil penalty against the practitioner in accordance
with the following:
(A) The civil penalty may not be more than one thousand
dollars ($1,000) for each violation listed in subsection (a),
except for a finding of incompetency due to a physical or
mental disability.
(B) When imposing a civil penalty, the department shall
consider a practitioner's ability to pay the amount assessed. If
the practitioner fails to pay the civil penalty within the time
specified by the department, the department may suspend the
practitioner's license without additional proceedings. However,
a suspension may not be imposed if the sole basis for the
suspension is the practitioner's inability to pay a civil penalty.
(6) Place a practitioner on probation status and require the
practitioner to:
(A) report regularly to the department upon the matters that
are the basis of probation;
(B) limit practice to those areas prescribed by the department;
(C) continue or renew professional education approved by the
department until a satisfactory degree of skill has been attained
in those areas that are the basis of the probation; or
(D) perform or refrain from performing any acts, including
community restitution or service without compensation, that
the department considers appropriate to the public interest or
to the rehabilitation or treatment of the practitioner.
The department may withdraw or modify this probation if the
department finds after a hearing that the deficiency that required
disciplinary action has been remedied or that changed
circumstances warrant a modification of the order.
(c) If an applicant or a practitioner has engaged in or knowingly
cooperated in fraud or material deception to obtain a license to
practice, including cheating on the licensing examination, the
department may rescind the license if it has been granted, void the
examination or other fraudulent or deceptive material, and prohibit the
applicant from reapplying for the license for a length of time
established by the department.
(d) The department may deny licensure to an applicant who has had
disciplinary action taken against the applicant or the applicant's license
to practice in another state or jurisdiction or who has practiced without
a license in violation of the law. A certified copy of the record of
disciplinary action is conclusive evidence of the other jurisdiction's
disciplinary action.
(e) The department may order a practitioner to submit to a
reasonable physical or mental examination if the practitioner's physical
or mental capacity to practice safely and competently is at issue in a
disciplinary proceeding. Failure to comply with a department order to
submit to a physical or mental examination makes a practitioner liable
to temporary suspension under subsection (j).
(f) Except as provided under subsection (g) or (h), a license may not
be denied, revoked, or suspended because the applicant or holder has
been convicted of an offense. The acts from which the applicant's or
holder's conviction resulted may, however, be considered as to whether
the applicant or holder should be entrusted to serve the public in a
specific capacity.
(g) The department may deny, suspend, or revoke a license issued
under this chapter if the individual who holds the license is convicted
of any of the following:
(1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
(2) Possession of methamphetamine under IC 35-48-4-6.1.
(3) Possession of a controlled substance under IC 35-48-4-7(a).
(4) Fraudulently obtaining a controlled substance under
IC 35-48-4-7(b).
(5) Manufacture of paraphernalia as a Class D felony under
IC 35-48-4-8.1(b).
(6) Dealing in paraphernalia as a Class D felony under
IC 35-48-4-8.5(b).
(7) Possession of paraphernalia as a Class D felony under
IC 35-48-4-8.3(b).
(8) Possession of marijuana, hash oil, hashish, salvia, or a
synthetic cannabinoid drug as a Class D felony under
IC 35-48-4-11.
(9) Maintaining a common nuisance under IC 35-48-4-13.
(10) An offense relating to registration, labeling, and prescription
forms under IC 35-48-4-14.
(11) Conspiracy under IC 35-41-5-2 to commit an offense listed
in subdivisions (1) through (10).
(12) Attempt under IC 35-41-5-1 to commit an offense listed in
subdivisions (1) through (10).
(13) An offense in any other jurisdiction in which the elements of
the offense for which the conviction was entered are substantially
similar to the elements of an offense described in subdivisions (1)
through (12).
(h) The department shall deny, revoke, or suspend a license issued
under this chapter if the individual who holds the license is convicted
of any of the following:
(1) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
(2) Dealing in methamphetamine under IC 35-48-4-1.1.
(3) Dealing in a schedule I, II, or III controlled substance under
IC 35-48-4-2.
(4) Dealing in a schedule IV controlled substance under
IC 35-48-4-3.
(5) Dealing in a schedule V controlled substance under
IC 35-48-4-4.
(6) Dealing in a substance represented to be a controlled
substance under IC 35-48-4-4.5.
(7) Knowingly or intentionally manufacturing, advertising,
distributing, or possessing with intent to manufacture, advertise,
or distribute a substance represented to be a controlled substance
under IC 35-48-4-4.6.
(8) Dealing in a counterfeit substance under IC 35-48-4-5.
(9) Dealing in marijuana, hash oil, hashish, salvia, or a synthetic
cannabinoid drug under IC 35-48-4-10(b).
(10) Conspiracy under IC 35-41-5-2 to commit an offense listed
in subdivisions (1) through (9).
(11) Attempt under IC 35-41-5-1 to commit an offense listed in
subdivisions (1) through (9).
(12) An offense in any other jurisdiction in which the elements of
the offense for which the conviction was entered are substantially
similar to the elements of an offense described in subdivisions (1)
through (11).
(13) A violation of any federal or state drug law or rule related to
wholesale legend drug distributors licensed under IC 25-26-14.
(i) A decision of the department under subsections (b) through (h)
may be appealed to the commission under IC 4-21.5-3-7.
(j) The department may temporarily suspend a practitioner's license
under IC 4-21.5-4 before a final adjudication or during the appeals
process if the department finds that a practitioner represents a clear and
immediate danger to the public's health, safety, or property if the
practitioner is allowed to continue to practice.
(k) On receipt of a complaint or an information alleging that a
person licensed under this chapter has engaged in or is engaging in a
practice that jeopardizes the public health, safety, or welfare, the
department shall initiate an investigation against the person.
(l) Any complaint filed with the office of the attorney general
alleging a violation of this licensing program shall be referred to the
department for summary review and for its general information and any
authorized action at the time of the filing.
(m) The department shall conduct a fact finding investigation as the
department considers proper in relation to the complaint.
(n) The department may reinstate a license that has been suspended
under this section if, after a hearing, the department is satisfied that the
applicant is able to practice with reasonable skill, safety, and
competency to the public. As a condition of reinstatement, the
department may impose disciplinary or corrective measures authorized
under this chapter.
(o) The department may not reinstate a license that has been
revoked under this chapter. An individual whose license has been
revoked under this chapter may not apply for a new license until seven
(7) years after the date of revocation.
(p) The department shall seek to achieve consistency in the
application of sanctions authorized in this chapter. Significant
departures from prior decisions involving similar conduct must be
explained in the department's findings or orders.
(q) A practitioner may petition the department to accept the
surrender of the practitioner's license instead of having a hearing before
the commission. The practitioner may not surrender the practitioner's
license without the written approval of the department, and the
department may impose any conditions appropriate to the surrender or
reinstatement of a surrendered license.
(r) A practitioner who has been subjected to disciplinary sanctions
may be required by the commission to pay the costs of the proceeding.
The practitioner's ability to pay shall be considered when costs are
assessed. If the practitioner fails to pay the costs, a suspension may not
be imposed solely upon the practitioner's inability to pay the amount
assessed. The costs are limited to costs for the following:
(1) Court reporters.
(2) Transcripts.
(3) Certification of documents.
(4) Photo duplication.
(5) Witness attendance and mileage fees.
(6) Postage.
(7) Expert witnesses.
(8) Depositions.
(9) Notarizations.
SOURCE: IC 25-1-1.1-2; (12)HB1196.2.6. -->
SECTION 6. IC 25-1-1.1-2, AS AMENDED BY P.L.138-2011,
SECTION 6, AND P.L.182-2011, SECTION 6, AND AS AMENDED
BY P.L.155-2011, SECTION 6, IS CORRECTED AND AMENDED
TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.
Notwithstanding IC 25-1-7, a board, a commission, or a committee may
suspend, deny, or revoke a license or certificate issued under this title
by the board, the commission, or the committee without an
investigation by the office of the attorney general if the individual who
holds the license or certificate is convicted of any of the following and
the board, commission, or committee determines, after the individual
has appeared in person, that the offense affects the individual's ability
to perform the duties of the profession:
(1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
(2) Possession of methamphetamine under IC 35-48-4-6.1.
(3) Possession of a controlled substance under IC 35-48-4-7(a).
(4) Fraudulently obtaining a controlled substance under
IC 35-48-4-7(b).
(5) Manufacture of paraphernalia as a Class D felony under
IC 35-48-4-8.1(b).
(6) Dealing in paraphernalia as a Class D felony under
IC 35-48-4-8.5(b).
(7) Possession of paraphernalia as a Class D felony under
IC 35-48-4-8.3(b).
(8) Possession of marijuana, hash oil, or hashish, salvia, or a
synthetic cannabinoid drug as a Class D felony under
IC 35-48-4-11.
(9) Maintaining a common nuisance under IC 35-48-4-13.
(10) An offense relating to registration, labeling, and prescription
forms under IC 35-48-4-14.
(11) Conspiracy under IC 35-41-5-2 to commit an offense listed
in subdivisions (1) through (10).
(12) Attempt under IC 35-41-5-1 to commit an offense listed in
subdivisions (1) through (10).
(13) An offense in any other jurisdiction in which the elements of
the offense for which the conviction was entered are substantially
similar to the elements of an offense described under subdivisions
(1) through (12).
(13) A sex crime under IC 35-42-4.
(14) A felony that reflects adversely on the individual's fitness to
hold a professional license.
(15) An offense in any other jurisdiction in which the elements of
the offense for which the conviction was entered are substantially
similar to the elements of an offense described in this section.
SOURCE: IC 25-1-1.1-3; (12)HB1196.2.7. -->
SECTION 7. IC 25-1-1.1-3, AS AMENDED BY P.L.182-2011,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. A board, a commission, or a committee
shall revoke or suspend a license or certificate issued under this title by
the board, the commission, or the committee if the individual who
holds the license or certificate is convicted of any of the following:
(1) Dealing in or manufacturing cocaine or a narcotic drug under
IC 35-48-4-1.
(2) Dealing in methamphetamine under IC 35-48-4-1.1.
(3) Dealing in a schedule I, II, or III controlled substance under
IC 35-48-4-2.
(4) Dealing in a schedule IV controlled substance under
IC 35-48-4-3.
(5) Dealing in a schedule V controlled substance under
IC 35-48-4-4.
(6) Dealing in a substance represented to be a controlled
substance under IC 35-48-4-4.5.
(7) Knowingly or intentionally manufacturing, advertising,
distributing, or possessing with intent to manufacture, advertise,
or distribute a substance represented to be a controlled substance
under IC 35-48-4-4.6.
(8) Dealing in a counterfeit substance under IC 35-48-4-5.
(9) Dealing in marijuana, hash oil, hashish, salvia, or a synthetic
cannabinoid drug under IC 35-48-4-10(b).
(10) Conspiracy under IC 35-41-5-2 to commit an offense listed
in subdivisions (1) through (9).
(11) Attempt under IC 35-41-5-1 to commit an offense listed in
subdivisions (1) through (9).
(12) An offense in any other jurisdiction in which the elements of
the offense for which the conviction was entered are substantially
similar to the elements of an offense described under subdivisions
(1) through (11).
(13) A violation of any federal or state drug law or rule related to
wholesale legend drug distributors licensed under IC 25-26-14.
SOURCE: IC 25-26-13-4.1; (12)HB1196.2.8. -->
SECTION 8. IC 25-26-13-4.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4.1. (a) The board may adopt
an emergency rule to declare that a substance is a synthetic drug.
(b) The board may adopt an emergency rule declaring a
substance to be a synthetic drug if the board finds that the
substance:
(1) has been scheduled or emergency scheduled by the United
States Drug Enforcement Administration; or
(2) has been scheduled, emergency scheduled, or criminalized
by another state.
(c) A rule adopted under this section becomes effective thirty
(30) days after it is filed with the publisher under IC 4-22-2-37.1.
(d) A rule adopted under this section expires on June 30 of the
year following the year in which it is filed with the publisher under
IC 4-22-2-37.1.
(e) The board may readopt under this section an emergency rule
that has expired.
SOURCE: IC 35-41-1-3.5; (12)HB1196.2.9. -->
SECTION 9. IC 35-41-1-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3.5. "Analog", for purposes of section 26.3
of this chapter, means a new or novel chemical entity, independent
of synthetic route or natural origin, having substantially the same:
(1) carbon backbone structure; and
(2) pharmacological mechanism of action;
as a compound specifically defined as a synthetic drug in section
26.3 of this chapter.
SOURCE: IC 35-41-1-26.3; (12)HB1196.2.10. -->
SECTION 10. IC 35-41-1-26.3, AS ADDED BY P.L.182-2011,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 26.3. "Synthetic cannabinoid" drug" means:
(1) a substance containing one (1) or more of the following
chemical compounds, including an analog of the compound:
(1) (A) JWH-015 ((2-Methyl-1-propyl-1H-
indol-3-yl)-1-naphthalenylmethanone).
(2) (B) JWH-018 (1-pentyl-3-(1-naphthoyl)indole).
(3) (C) JWH-019 (1-hexyl-3-(naphthalen-1-oyl)indole).
(4) (D) JWH-073
(naphthalen-1-yl-(1-butylindol-3-yl)methanone).
(5) (E) JWH-081 (4-methoxynaphthalen- 1-yl-
(1-pentylindol- 3-yl)methanone).
(6) (F) JWH-122
(1-Pentyl-3-(4-methyl-1-naphthoyl)indole).
(7) JWH-200 (1-(2-morpholin-4-ylethyl)indol-3-yl)-
naphthalen-1-ylmethanone).
(G) JWH-200 ((1-(2-morpholin-4-ylethyl)indol-3-yl)-
naphthalen-1-yl-methanone).
(8) (H) JWH-250
(1-pentyl-3-(2-methoxyphenylacetyl)indole).
(9) (I) JWH-251 (1-pentyl-3-(2-methylphenylacetyl)indole).
(10) (J) JWH-398
(1-pentyl-3-(4-chloro-1-naphthoyl)indole).
(11) (K) HU-210 ((6aR,10aR)- 9-(Hydroxymethyl)-
6,6-dimethyl- 3-(2-methyloctan-2-yl)-
6a,7,10,10a-tetrahydrobenzo [c]chromen- 1-ol).
(12) (L) HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-
6,6-dimethyl- 3-(2-methyloctan-2-yl)-
6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol).
(13) (M) HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-
(2-methyloctan- 2-yl)phenyl]-
7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl] methanol).
(14) HU-331 ((3-hydroxy-2- [(1R,6R)-3-methyl-6-
(1-methylethenyl)-2 -cyclohexen-1-yl]-5
-pentyl-2,5-cyclohexadiene-1,4-dione).
(N) HU-331 (3-hydroxy-2- [(1R,6R)-3-methyl-6-
(1-methylethenyl)-2 -cyclohexen-1-yl]-5
-pentyl-2,5-cyclohexadiene-1,4-dione).
(15) (O) CP 55,940
(2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]-
5- (2-methyloctan-2-yl)phenol).
(16) (P) CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]- 5-
(2-methyloctan-2-yl)phenol) and its homologues,
or
2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)
phenol), where side chain n=5, and homologues where
side chain n-4,6, or 7.
(17) (Q) WIN 55212-2
((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)
pyrrolo [1,2,3-de)- 1,4- benzoxazin-
6-yl]-1-napthalenylmethanone).
(18) (R) RCS-4 ((4-methoxyphenyl)
(1-pentyl-1H-indol-3-yl)methanone).
(19) (S) RCS-8 (1-(1-(2-cyclohexylethyl)-1H-
indol-3-yl)-2-(2-methoxyphenyl)ethanone).
(20) (T) 4-Methylmethcathinone. Other name: mephedrone.
(21) (U) 3,4-Methylenedioxymethcathinone. Other name:
methylone.
(22) (V) Fluoromethcathinone.
(23) (W) 4-Methoxymethcathinone. Other name:
methedrone.
(24) (X) 4-Ethylmethcathinone (4-EMC).
(25) (Y) Methylenedioxypyrovalerone. Other name: MDPV.
(Z) JWH-007, or
1-pentyl-2-methyl-3-(1-naphthoyl)indole.
(AA) JWH-098, or
1-pentyl-2-methyl-3-(4-methoxy-1-naphthoyl)indole.
(BB) JWH-164, or
1-pentyl-3-(7-methoxy-1-naphthoyl)indole.
(CC) JWH-210, or
1-pentyl-3-(4-ethyl-1-naphthoyl)indole.
(DD) JWH-201, or
1-pentyl-3-(4-methoxyphenylacetyl)indole.
(EE) JWH-203, or
1-pentyl-3-(2-chlorophenylacetyl)indole.
(FF) AM-694, or
1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole.
(GG) CP 50,556-1, or
[(6S,6aR,9R,10aR)-9-hydroxy-6-methyl-3-[(2R)-5-phenyl
pentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthri
din-1-yl] acetate.
(HH) Dimethylheptylpyran, or DMHP.
(II) 4-Methyl-alpha-pyrrolidinobutiophenone, or MPBP.
(JJ) 6-APB [6-(2-aminopropyl)benzofuran].
(LL) 7-hydroxymitragynine.
(MM) .-PPP [.-pyrrolidinopropiophenone].
(NN) .-PVP (desmethylpyrovalerone).
(OO) AM-251.
(PP) AM-1241.
(QQ) AM-2201.
(RR) AM-2233.
(SS) Buphedrone.
(TT) Butylone.
(UU) CP-47,497-C7.
(VV) CP-47,497-C8.
(WW) Desoxypipradol.
(XX) Ethylone.
(YY) Eutylone.
(ZZ) Flephedrone.
(AAA) JWH-011.
(BBB) JWH-020.
(CCC) JWH-022.
(DDD) JWH-030.
(EEE) JWH-182.
(FFF) JWH-302.
(GGG) MDAI [5,6-methylenedioxy-2-aminoindane].
(HHH) Mitragynine.
(III) Naphyrone.
(JJJ) Pentedrone.
(LLL) Pentylone.
(MMM) Methoxetamine
[2-(3-methoxyphenyl)-2-(ethylamino)- cyclohexanone].
(2) Any compound structurally derived from
3-(1-naphthoyl)indole or
1H-indol-3-yl-(1-naphthyl)methane by substitution at the
nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl
group, whether or not further substituted in the indole ring
to any extent and whether or not substituted in the
naphthyl ring to any extent.
(3) Any compound structurally derived from
3-(1-naphthoyl) pyrrole by substitution at the nitrogen
atom of the pyrrole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl
group, whether or not further substituted in the pyrrole
ring to any extent and whether or not substituted in the
naphthyl ring to any extent.
(4) Any compound structurally derived from
1-(1-naphthylmethyl)indene by substitution at the
3-position of the indene ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl
group, whether or not further substituted in the indene ring
to any extent and whether or not substituted in the
naphthyl ring to any extent.
(5) Any compound structurally derived from
3-phenylacetylindole by substitution at the nitrogen atom of
the indole ring with alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl
group, whether or not further substituted in the indole ring
to any extent and whether or not substituted in the phenyl
ring to any extent.
(6) Any compound structurally derived from
2-(3-hydroxycyclohexyl)phenol by substitution at the
5-position of the phenolic ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl
group, whether or not substituted in the cyclohexyl ring to
any extent.
(7) Any compound containing a 3-(benzoyl)indole structure
with substitution at the nitrogen atom of the indole ring by
alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl
group, whether or not further substituted in the indole ring
to any extent and whether or not substituted in the phenyl
ring to any extent.
(8) Any compound, except bupropion or a compound listed
under a different schedule, structurally derived from
2-aminopropan-1-one by substitution at the 1-position with
either phenyl, naphthyl, or thiophene ring systems, whether
or not the compound is further modified:
(A) by substitution in the ring system to any extent with
alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or
halide substituents, whether or not further substituted in
the ring system by one or more other univalent
substituents;
(B) by substitution at the 3-position with an acyclic alkyl
substituent;
(C) by substitution at the 2-amino nitrogen atom with
alkyl, dialkyl, benzyl, or methoxybenzyl groups; or
(D) by inclusion of the 2-amino nitrogen atom in a cyclic
structure.
(9) Any compound determined to be a synthetic drug by
rule adopted under IC 25-26-13-4.1.
SOURCE: IC 35-48-2-4; (12)HB1196.2.11. -->
SECTION 11. IC 35-48-2-4, AS AMENDED BY P.L.182-2011,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) The controlled substances listed in this
section are included in schedule I.
(b) Opiates. Any of the following opiates, including their isomers,
esters, ethers, salts, and salts of isomers, esters, and ethers, unless
specifically excepted by rule of the board or unless listed in another
schedule, whenever the existence of these isomers, esters, ethers, and
salts is possible within the specific chemical designation:
Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-
piperidinyl]-N-phenylacetamide) (9815)
Acetylmethadol (9601)
Allylprodine (9602)
Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide) (9832)
Alphacetylmethadol (9603)
Alphameprodine (9604)
Alphamethadol (9605)
Alphamethylfentanyl (9814)
Benzethidine (9606)
Beta-hydroxy-3-methylfentanyl (9831). Other name:
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl
]-N-phenylpropanamide
Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
phenethyl)-4-piperidinyl]-N-phenylpropanamide) (9830)
Betacetylmethadol (9607)
Betameprodine (9608)
Betamethadol (9609)
Betaprodine (9611)
Clonitazene (9612)
Dextromoramide (9613)
Diampromide (9615)
Diethylthiambutene (9616)
Difenoxin (9168)
Dimenoxadol (9617)
Dimepheptanol (9618)
Dimethylthiambutene (9619)
Dioxaphetyl butyrate (9621)
Dipipanone (9622)
Ethylmethylthiambutene (9623)
Etonitazene (9624)
Etoxeridine (9625)
Furethidine (9626)
Hydroxypethidine (9627)
Ketobemidone (9628)
Levomoramide (9629)
Levophenacylmorphan (9631)
3-Methylfentanyl [N-[3-methyl-1-(2-phenylethyl)-4-
piperidyl]-N-phenyl-propanimide](9813)
3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-
piperidinyl]-N-phenylpropanamide) (9833)
MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) (9961)
Morpheridine (9632)
N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
(benzylfentanyl), including any isomers, salts, or salts of
isomers (9818)
N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide
(thenylfentanyl), including any isomers, salts, or salts of
isomers (9834)
Noracymethadol (9633)
Norlevorphanol (9634)
Normethadone (9635)
Norpipanone (9636)
Para-fluorofentanyl (N-(4-fluorophenyl)-N-
[1-(2-phenethyl)-4-piperidinyl] propanamide (9812)
Phenadoxone (9637)
Phenampromide (9638)
Phenomorphan (9647)
Phenoperidine (9641)
PEPAP [1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine] (9663)
Piritramide (9642)
Proheptazine (9643)
Properidine (9644)
Propiram (9649)
Racemoramide (9645)
Thiofentanyl (N-phenyl-N-[ 1-(2-thienyl)ethyl-4-
piperidinyl]-propanamide) (9835)
Tilidine (9750)
Trimeperidine (9646)
(c) Opium derivatives. Any of the following opium derivatives, their
salts, isomers, and salts of isomers, unless specifically excepted by rule
of the board or unless listed in another schedule, whenever the
existence of these salts, isomers, and salts of isomers is possible within
the specific chemical designation:
Acetorphine (9319)
Acetyldihydrocodeine (9051)
Benzylmorphine (9052)
Codeine methylbromide (9070)
Codeine-N-Oxide (9053)
Cyprenorphine (9054)
Desomorphine (9055)
Dihydromorphine (9145)
Drotebanol (9335)
Etorphine (except hydrochloride salt) (9056)
Heroin (9200)
Hydromorphinol (9301)
Methyldesorphine (9302)
Methyldihydromorphine (9304)
Morphine methylbromide (9305)
Morphine methylsulfonate (9306)
Morphine-N-Oxide (9307)
Myrophine (9308)
Nicocodeine (9309)
Nicomorphine (9312)
Normorphine (9313)
Pholcodine (9314)
Thebacon (9315)
(d) Hallucinogenic substances. Any material, compound, mixture,
or preparation which contains any quantity of the following
hallucinogenic, psychedelic, or psychogenic substances, their salts,
isomers, and salts of isomers, unless specifically excepted by rule of
the board or unless listed in another schedule, whenever the existence
of these salts, isomers, and salts of isomers is possible within the
specific chemical designation:
(1) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (7473). Other name:
TCPy.
(2) 4-Bromo-2, 5-Dimethoxyamphetamine (7391). Some trade
or other names: 4-Bromo-2,
5-Dimethoxy-a-methylphenethylamine; 4-Bromo-2, 5-DMA.
(3) 4-Bromo-2, 5-dimethoxphenethylamine (7392). Some trade
or other names:
2-[4-bromo-2,5-dimethoxyphenyl]-1-aminoethane;
alpha-desmethyl DOB; 2C-B, Nexus.
(4) 2, 5-Dimethoxy-4-ethylamphet-amine (7399). Other name:
DOET.
(5) 2, 5-Dimethoxy-4-(n)-propylthiophenethylamine (7348).
Other name: 2C-T-7.
(6) 2, 5-Dimethoxyamphetamine (7396). Some trade or other
names: 2, 5-Dimethoxy-a-methylphenethylamine; 2, 5-DMA.
(7) 4-Methoxyamphetamine (7411). Some trade or other
names: 4-Methoxy-a-methylphenethylamine;
Paramethoxyamphetamine; PMA.
(8) 5-Methoxy-3, 4-methylenedioxy amphetamine (7401).
Other Name: MMDA.
(9) 5-Methoxy-N, N-diisopropyltryptamine, including any
isomers, salts, or salts of isomers (7439). Other name:
5-MeO-DIPT.
(10) 4-methyl-2, 5-dimethoxyamphetamine (7395). Some trade
and other names: 4-methyl-2,
5-dimethoxy-a-methylphenethylamine; DOM; and STP.
(11) 3, 4-methylenedioxy amphetamine (7400). Other name:
MDA.
(12) 3,4-methylenedioxy-N-ethylamphetamine (7404). Other
names: N-ethyl-alpha-methyl-3,4(methylenedioxy)
phenethylamine; N-ethyl MDA; MDE; and MDEA.
(13) 3, 4-methylenedioxymethamphetamine (MDMA) (7405).
(14) 3, 4, 5-trimethoxy amphetamine (7390). Other name:
TMA.
(15) Alpha-ethyltryptamine (7249). Some trade and other
names: Etryptamine; Monase;
[alpha]-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl)
indole; [alpha]-ET; and AET.
(16) Alpha-methyltryptamine (7432). Other name: AMT.
(17) Bufotenine (7433). Some trade and other names:
3-(B-Dimethylaminoethyl)-5-hydroxyindole;
3-(2-dimethylaminonethyl)-5-indolol; N, N-dimethylserotonin;
5-hydroxy-N, N-dimethyltryptamine; mappine.
(18) Diethyltryptamine (7434). Some trade or other names: N,
N-Diethyltryptamine; DET.
(19) Dimethyltrytamine (7435). Some trade or other names:
DMT.
(20) Ibogaine (7260). Some trade and other names: 7-Ethyl-6,
6b, 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6,
9-methano-5H-pyrido (1', 2': 1, 2, azepino 4, 5-b) indole;
tabernanthe iboga.
(21) Lysergic acid diethylamide (7315). Other name: LSD.
(22) Marijuana (7360).
(23) Mescaline (7381).
(24) Parahexyl (7374). Some trade or other names:
3-Hexyl-1-hydroxy-7, 8, 9, 10-Tetrahydro-6, 6,
9-trimethyl-6H-dibenzo (b,d) pyran; Snyhexyl.
(25) Peyote (7415), including:
(A) all parts of the plant that are classified botanically as
lophophora williamsii lemaire, whether growing or not;
(B) the seeds thereof;
(C) any extract from any part of the plant; and
(D) every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds, or extracts.
(26) N-ethyl-3-piperidyl benzilate (7482). Other name: DMZ.
(27) N-hydroxy-3,4-methylenedioxyamphetamine (7402).
Other names: N-hydroxy-alpha-methyl-3,4
(methylenedioxy)phenethylamine; and N-hydroxy MDA.
(28) N-methyl-3-piperidyl benzilate (7484). Other name: LBJ.
(29) Psilocybin (7437).
(30) Psilocyn (7438).
(31) Tetrahydrocannabinols (7370), including synthetic
equivalents of the substances contained in the plant, or in the
resinous extractives of Cannabis, sp. and synthetic substances,
derivatives, and their isomers with similar chemical structure
and pharmacological activity such as:
(A) .
1 cis or trans tetrahydrocannabinol, and their optical
isomers;
(B) .
6 cis or trans tetrahydrocannabinol, and their optical
isomers; and
(C) .
3,4 cis or trans tetrahydrocannabinol, and their optical
isomers.
Since nomenclature of these substances is not internationally
standardized, compounds of these structures, regardless of
numerical designation of atomic positions are covered. Other
name: THC.
(32) Ethylamine analog of phencyclidine (7455). Some trade or
other names: N-Ethyl-1-phenylcyclohexylamine;
(1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)
ethylamine; cyclohexamine; PCE.
(33) Pyrrolidine analog of phencyclidine (7458). Some trade or
other names: 1-(1-phenylcyclohexyl)-pyrrolidine; PCP
y; PHP.
(34) Thiophene analog of phencyclidine (7470). Some trade or
other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
Analog of Phencyclidine; TPCP.
(35) Synthetic cannabinoids drugs (as defined in
IC 35-41-1-26.3).
including a substance containing one (1) or more of the
following chemical compounds:
(A) JWH-015 ((2-Methyl-1-propyl-1H-
indol-3-yl)-1-naphthalenylmethanone).
(B) JWH-018 (1-pentyl-3-(1-naphthoyl)indole).
(C) JWH-019 (1-hexyl-3-(naphthalen-1-oyl)indole).
(D) JWH-073 (naphthalen-1-yl-
(1-butylindol-3-yl)methanone).
(E) JWH-081 (4-methoxynaphthalen- 1-yl- (1-pentylindol-
3-yl)methanone).
(F) JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole).
(G) JWH-200 (1-(2-morpholin-4-ylethyl)indol-3-yl)-
naphthalen-1-ylmethanone).
(H) JWH-250 (1-pentyl-3-(2-methoxyphenylacetyl)indole).
(I) JWH-251 (1-pentyl-3-(2-methylphenylacetyl)indole).
(J) JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole).
(K) HU-210 ((6aR,10aR)- 9-(Hydroxymethyl)-
6,6-dimethyl- 3-(2-methyloctan-2-yl)- 6a,7,10,10a-
tetrahydrobenzo [c]chromen- 1-ol).
(L) HU-211 ((6aS,10aS)-9-(Hydroxymethyl)- 6,6-dimethyl-
3-(2-methyloctan-2-yl)- 6a,7,10,10a-tetrahydrobenzo
[c]chromen-1-ol).
(M) HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-
(2-methyloctan- 2-yl)phenyl]-
7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl] methanol).
(N) HU-331 ((3-hydroxy-2- [(1R,6R)-3-methyl-6-
(1-methylethenyl)-2 -cyclohexen-1-yl]-5
-pentyl-2,5-cyclohexadiene-1,4-dione).
(O) CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-
2-(3-hydroxypropyl) cyclohexyl]- 5-
(2-methyloctan-2-yl)phenol).
(P) CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]- 5-
(2-methyloctan-2-yl)phenol) and its homologues.
(Q) WIN 55212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-
(4-morpholinylmethyl) pyrrolo [1,2,3-de)- 1,4- benzoxazin-
6-yl]-1-napthalenylmethanone).
(R) RCS-4 ((4-methoxyphenyl)
(1-pentyl-1H-indol-3-yl)methanone).
(S) RCS-8 (1-(1-(2-cyclohexylethyl)-
1H-indol-3-yl)-2-(2-methoxyphenyl)ethanone).
(T) 4-Methylmethcathinone. Other name: mephedrone.
(U) 3,4-Methylenedioxymethcathinone. Other name:
methylone.
(V) Fluoromethcathinone.
(W) 4-Methoxymethcathinone. Other name: methedrone.
(X) 4-Ethylmethcathinone. Other name: 4-EMC.
(Y) Methylenedioxypyrovalerone. Other name: MDPV.
(36) Salvia divinorum or salvinorin A, including:
(A) all parts of the plant that are classified botanically as salvia
divinorum, whether growing or not;
(B) the seeds of the plant;
(C) any extract from any part of the plant; and
(D) every compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds, or extracts.
(e) Depressants. Unless specifically excepted in a rule adopted by
the board or unless listed in another schedule, any material, compound,
mixture, or preparation which contains any quantity of the following
substances having a depressant effect on the central nervous system,
including its salts, isomers, and salts of isomers whenever the existence
of such salts, isomers, and salts of isomers is possible within the
specific chemical designation:
Gamma-hydroxybutyric acid (other names include GHB;
gamma-hydroxybutyrate; 4-hydroxybutanoic acid; sodium
oxybate; sodium oxybutyrate) (2010)
Mecloqualone (2572)
Methaqualone (2565)
(f) Stimulants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation that
contains any quantity of the following substances having a stimulant
effect on the central nervous system, including its salts, isomers, and
salts of isomers:
([+/-]) cis-4-methylaminorex (([+/-])cis-4,5-
dihydro-4-methyl-5-phenyl-2-oxazolamine) (1590)
Aminorex (1585). Other names: aminoxaphen;
2-amino-5-phenyl-2-oxazoline; or
4,5-dihydro-5-phenyl-2-oxazolamine.
Cathinone (1235). Some trade or other names:
2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone;
2-aminopropiophenone; and norephedrone.
Fenethylline (1503).
N-Benzylpiperazine (7493). Other names: BZP; and
1-benzylpiperazine.
N-ethylamphetamine (1475)
Methcathinone (1237) Some other trade names:
2-Methylamino-1-Phenylpropan-I-one; Ephedrone;
Monomethylpropion; UR 1431.
N, N-dimethylamphetamine (1480). Other names: N,
N-alpha-trimethyl-benzeneethanamine; and N,
N-alpha-trimethylphenethylamine.
SOURCE: IC 35-48-4-8.5; (12)HB1196.2.12. -->
SECTION 12. IC 35-48-4-8.5, AS AMENDED BY P.L.182-2011,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8.5. (a) A person who keeps for sale, offers
for sale, delivers, or finances the delivery of a raw material, an
instrument, a device, or other object that is intended to be or that is
designed or marketed to be used primarily for:
(1) ingesting, inhaling, or otherwise introducing into the human
body marijuana, hash oil, hashish, salvia, a synthetic
cannabinoid,
drug, or a controlled substance;
(2) testing the strength, effectiveness, or purity of marijuana, hash
oil, hashish, salvia, a synthetic
cannabinoid, drug, or a controlled
substance;
(3) enhancing the effect of a controlled substance;
(4) manufacturing, compounding, converting, producing,
processing, or preparing marijuana, hash oil, hashish, salvia, a
synthetic
cannabinoid, drug, or a controlled substance;
(5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
synthetic
cannabinoid, drug, or a controlled substance by
individuals; or
(6) any purpose announced or described by the seller that is in
violation of this chapter;
commits a Class A infraction for dealing in paraphernalia.
(b) A person who knowingly or intentionally violates subsection (a)
commits a Class A misdemeanor. However, the offense is a Class D
felony if the person has a prior unrelated judgment or conviction under
this section.
(c) A person who recklessly keeps for sale, offers for sale, or
delivers an instrument, a device, or other object that is to be used
primarily for:
(1) ingesting, inhaling, or otherwise introducing into the human
body marijuana, hash oil, hashish, salvia, a synthetic
cannabinoid,
drug, or a controlled substance;
(2) testing the strength, effectiveness, or purity of marijuana, hash
oil, hashish, salvia, a synthetic
cannabinoid, drug, or a controlled
substance;
(3) enhancing the effect of a controlled substance;
(4) manufacturing, compounding, converting, producing,
processing, or preparing marijuana, hash oil, hashish, salvia, a
synthetic cannabinoid, drug, or a controlled substance;
(5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
synthetic cannabinoid, drug, or a controlled substance by
individuals; or
(6) any purpose announced or described by the seller that is in
violation of this chapter;
commits reckless dealing in paraphernalia, a Class B misdemeanor.
However, the offense is a Class D felony if the person has a previous
judgment or conviction under this section.
(d) This section does not apply to the following:
(1) Items marketed for use in the preparation, compounding,
packaging, labeling, or other use of marijuana, hash oil, hashish,
salvia, a synthetic cannabinoid, drug, or a controlled substance as
an incident to lawful research, teaching, or chemical analysis and
not for sale.
(2) Items marketed for or historically and customarily used in
connection with the planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, or inhaling
of tobacco or any other lawful substance.
SOURCE: IC 35-48-4-10; (12)HB1196.2.13. -->
SECTION 13. IC 35-48-4-10, AS AMENDED BY P.L.182-2011,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 10. (a) A person who:
(1) knowingly or intentionally:
(A) manufactures;
(B) finances the manufacture of;
(C) delivers; or
(D) finances the delivery of;
marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid,
drug, pure or adulterated; or
(2) possesses, with intent to:
(A) manufacture;
(B) finance the manufacture of;
(C) deliver; or
(D) finance the delivery of;
marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid,
drug, pure or adulterated;
commits dealing in marijuana, hash oil, hashish, salvia, or a synthetic
cannabinoid, drug, a Class A misdemeanor, except as provided in
subsection (b).
(b) The offense is:
(1) a Class D felony if:
(A) the recipient or intended recipient is under eighteen (18)
years of age;
(B) the amount involved is:
(i) more than thirty (30) grams but less than ten (10) pounds
of marijuana or more than two (2) grams but less than three
hundred (300) grams of hash oil, hashish, or salvia; or
(ii) more than two (2) grams of a synthetic cannabinoid;
drug; or
(C) the person has a prior conviction of an offense involving
marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid,
drug; and
(2) a Class C felony if:
(A) the amount involved is ten (10) pounds or more of
marijuana or three hundred (300) or more grams of hash oil,
hashish, or salvia, or a synthetic cannabinoid, or the person
delivered or financed the delivery of marijuana, hash oil,
hashish, or salvia: or a synthetic cannabinoid:
(A) (i) on a school bus; or
(B) (ii) in, on, or within one thousand (1,000) feet of, (i)
school property, (ii) a public park, (iii) a family housing
complex, or (iv) a youth program center; or
(B) the amount involved is more than two (2) grams of a
synthetic drug and the person delivered or financed the
delivery of the synthetic drug:
(i) on a school bus; or
(ii) in, on, or within one thousand (1,000) feet of school
property, a public park, a family housing complex, or a
youth program center.
SOURCE: IC 35-48-4-11; (12)HB1196.2.14. -->
SECTION 14. IC 35-48-4-11, AS AMENDED BY P.L.138-2011,
SECTION 17, AND AS AMENDED BY P.L.182-2011, SECTION 17,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 11. A person who:
(1) knowingly or intentionally possesses (pure or adulterated)
marijuana, hash oil, hashish, salvia, or a synthetic
cannabinoid;
drug;
(2) knowingly or intentionally grows or cultivates marijuana; or
(3) knowing that marijuana is growing on the person's premises,
fails to destroy the marijuana plants;
commits possession of marijuana, hash oil, hashish, salvia, or a
synthetic cannabinoid, drug, a Class A misdemeanor. However, the
offense is a Class D felony (i) if the amount involved is more than
thirty (30) grams of marijuana or two (2) grams of hash oil, hashish,
salvia, or a synthetic cannabinoid, drug, or (ii) if the person has a prior
conviction of an offense involving marijuana, hash oil, or hashish,
salvia, or a synthetic cannabinoid. drug.
SOURCE: IC 35-48-4-12; (12)HB1196.2.15. -->
SECTION 15. IC 35-48-4-12, AS AMENDED BY P.L.182-2011,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 12. If a person who has no prior conviction of
an offense under this article or under a law of another jurisdiction
relating to controlled substances pleads guilty to possession of
marijuana, hashish, salvia, or a synthetic cannabinoid drug as a Class
A misdemeanor, the court, without entering a judgment of conviction
and with the consent of the person, may defer further proceedings and
place the person in the custody of the court under such conditions as
the court determines. Upon violation of a condition of the custody, the
court may enter a judgment of conviction. However, if the person
fulfills the conditions of the custody, the court shall dismiss the charges
against the person. There may be only one (1) dismissal under this
section with respect to a person.
SOURCE: ; (12)HB1196.2.16. -->
SECTION 16.
An emergency is declared for this act.