Bill Text: IN HB1242 | 2013 | Regular Session | Introduced
Bill Title: Licensing of diabetes educators.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2013-05-08 - Vetoed by the Governor [HB1242 Detail]
Download: Indiana-2013-HB1242-Introduced.html
Citations Affected: IC 25-1; IC 25-14.3; IC 35-51-25-1.
Synopsis: Licensing of diabetes educators. Creates the diabetes
educators board, and provides for the licensure of diabetes educators.
Makes a technical correction.
Effective: July 1, 2013.
January 23, 2013, read first time and referred to Committee on Public Health.
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A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
(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) Athlete agents.
(28) Manufactured home installers.
(29) Home inspectors.
(30) Massage therapists.
(31) Interior designers.
(32) Genetic counselors.
(33) Diabetes educators.
(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.
(5) State board of cosmetology and barber examiners.
(6) Medical licensing board of Indiana.
(7) Secretary of state.
(8) State board of dentistry.
(9) State board of funeral and cemetery service.
(10) Worker's compensation board of Indiana.
(11) Indiana state board of health facility administrators.
(12) Committee of hearing aid dealer examiners.
(13) Indiana state board of nursing.
(14) Indiana optometry board.
(15) Indiana board of pharmacy.
(16) Indiana plumbing commission.
(17) Board of podiatric medicine.
(18) Private investigator and security guard licensing board.
(19) State board of registration for professional engineers.
(20) State psychology board.
(21) Indiana real estate commission.
(22) Speech-language pathology and audiology board.
(23) Department of natural resources.
(24) Board of chiropractic examiners.
(25) Mining board.
(26) Indiana board of veterinary medical examiners.
(27) State department of health.
(28) Indiana physical therapy committee.
(29) Respiratory care committee.
(30) Occupational therapy committee.
(31) Behavioral health and human services licensing board.
(32) Real estate appraiser licensure and certification board.
(33) State board of registration for land surveyors.
(34) Physician assistant committee.
(35) Indiana dietitians certification board.
(36) Attorney general (only for the regulation of athlete agents).
(37) Manufactured home installer licensing board.
(38) Home inspectors licensing board.
(39) State board of massage therapy.
(40) Diabetes educators.
(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.
(d) Notwithstanding any other law, the entities included in
subsection (b) shall send notice of the expiration of a license to each
individual whose license has expired within thirty (30) days following
the expiration of the license. The notice must meet the following
requirements:
(1) Inform the individual of the following:
(A) That the individual's license has expired.
(B) Any requirements that must be met before reinstatement
of a license may occur.
(2) Be sent electronically. However, if the entity does not have an
electronic mail address on record for the individual, the notice
must be sent via United States mail.
(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).
(4) State board of cosmetology and barber examiners (IC 25-8-3-1).
(5) State board of funeral and cemetery service (IC 25-15-9).
(6) State board of registration for professional engineers (IC 25-31-1-3).
(7) Indiana plumbing commission (IC 25-28.5-1-3).
(8) Indiana real estate commission (IC 25-34.1).
(9) Real estate appraiser licensure and certification board (IC 25-34.1-8-1).
(10) Private investigator and security guard licensing board (IC 25-30-1-5.2).
(11) State board of registration for land surveyors (IC 25-21.5-2-1).
(12) Manufactured home installer licensing board (IC 25-23.7).
(13) Home inspectors licensing board (IC 25-20.2-3-1).
(14) State board of massage therapy (IC 25-21.8-2-1).
(15) Indiana diabetes educators board (IC 25-14.3-2-1).
(b) Nothing in this chapter may be construed to give the licensing agency policy making authority, which remains with each board.
"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).
(4) Board of chiropractic examiners (IC 25-10-1).
(5) State board of cosmetology and barber examiners (IC 25-8-3-1).
(6) State board of dentistry (IC 25-14-1).
(7) State board of funeral and cemetery service (IC 25-15-9).
(8) State board of registration for professional engineers (IC 25-31-1-3).
(9) Indiana state board of health facility administrators (IC 25-19-1).
(10) Medical licensing board of Indiana (IC 25-22.5-2).
(11) Indiana state board of nursing (IC 25-23-1).
(12) Indiana optometry board (IC 25-24).
(13) Indiana board of pharmacy (IC 25-26).
(14) Indiana plumbing commission (IC 25-28.5-1-3).
(15) Board of podiatric medicine (IC 25-29-2-1).
(16) State psychology board (IC 25-33).
(17) Speech-language pathology and audiology board (IC 25-35.6-2).
(18) Indiana real estate commission (IC 25-34.1-2).
(19) Indiana board of veterinary medical examiners (IC 25-38.1).
(20) Department of natural resources for purposes of licensing water well drillers under IC 25-39-3.
(21) Respiratory care committee (IC 25-34.5).
(22) Private investigator and security guard licensing board (IC 25-30-1-5.2).
(23) Occupational therapy committee (IC 25-23.5).
(24) Behavioral health and human services licensing board (IC 25-23.6).
(25) Real estate appraiser licensure and certification board (IC 25-34.1-8).
(26) State board of registration for land surveyors (IC 25-21.5-2-1).
(27) Physician assistant committee (IC 25-27.5).
(28) Indiana athletic trainers board (IC 25-5.1-2-1).
(29) Indiana dietitians certification board (IC 25-14.5-2-1).
(30) Indiana physical therapy committee (IC 25-27).
(31) Manufactured home installer licensing board (IC 25-23.7).
(32) Home inspectors licensing board (IC 25-20.2-3-1).
(33) State department of health, for out-of-state mobile health care entities.
(34) State board of massage therapy (IC 25-21.8-2-1).
(35) Indiana diabetes educators board (IC 25-14.3-2-1).
(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 25-6.1-2-1).
(4) Board of chiropractic examiners (IC 25-10-1).
(5) State board of cosmetology and barber examiners (IC 25-8-3-1).
(6) State board of dentistry (IC 25-14-1).
(7) State board of funeral and cemetery service (IC 25-15).
(8) State board of registration for professional engineers (IC 25-31-1-3).
(9) Indiana state board of health facility administrators
(IC 25-19-1).
(10) Medical licensing board of Indiana (IC 25-22.5-2).
(11) Mining board (IC 22-10-1.5-2).
(12) Indiana state board of nursing (IC 25-23-1).
(13) Indiana optometry board (IC 25-24).
(14) Indiana board of pharmacy (IC 25-26).
(15) Indiana plumbing commission (IC 25-28.5-1-3).
(16) State psychology board (IC 25-33).
(17) Speech-language pathology and audiology board
(IC 25-35.6-2).
(18) Indiana real estate commission (IC 25-34.1-2-1).
(19) Indiana board of veterinary medical examiners
(IC 25-38.1-2-1).
(20) Department of insurance (IC 27-1).
(21) State police department (IC 10-11-2-4), for purposes of
certifying polygraph examiners under IC 25-30-2.
(22) Department of natural resources for purposes of licensing
water well drillers under IC 25-39-3.
(23) Private investigator and security guard licensing board
(IC 25-30-1-5.2).
(24) Occupational therapy committee (IC 25-23.5-2-1).
(25) Behavioral health and human services licensing board
(IC 25-23.6-2-1).
(26) Real estate appraiser licensure and certification board
(IC 25-34.1-8).
(27) State board of registration for land surveyors
(IC 25-21.5-2-1).
(28) Physician assistant committee (IC 25-27.5).
(29) Indiana athletic trainers board (IC 25-5.1-2-1).
(30) Board of podiatric medicine (IC 25-29-2-1).
(31) Indiana dietitians certification board (IC 25-14.5-2-1).
(32) Indiana physical therapy committee (IC 25-27).
(33) Manufactured home installer licensing board (IC 25-23.7).
(34) Home inspectors licensing board (IC 25-20.2-3-1).
(35) State board of massage therapy (IC 25-21.8-2-1).
(36) Indiana diabetes educators board (IC 25-14.3-2-1).
(36) (37) Any other occupational or professional agency created
after June 30, 1981.
(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).
(4) State board of cosmetology and barber examiners (IC 25-8-3-1).
(5) State board of registration for land surveyors (IC 25-21.5-2-1).
(6) State board of funeral and cemetery service (IC 25-15-9).
(7) State board of registration for professional engineers (IC 25-31-1-3).
(8) Indiana plumbing commission (IC 25-28.5-1-3).
(9) Indiana real estate commission (IC 25-34.1-2-1).
(10) Real estate appraiser licensure and certification board (IC 25-34.1-8).
(11) Private investigator and security guard licensing board (IC 25-30-1-5.2).
(12) Manufactured home installer licensing board (IC 25-23.7).
(13) Home inspectors licensing board (IC 25-20.2-3-1).
(14) State board of massage therapy (IC 25-21.8-2-1).
(15) Indiana diabetes educators board (IC 25-14.3-2-1).
ARTICLE 14.3. DIABETES EDUCATORS
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this article.
Sec. 2. "Agency" refers to the Indiana professional licensing agency established by IC 25-1-5-3.
Sec. 3. "Board" refers to the Indiana diabetes educators board established by IC 25-14.3-2-1.
Sec. 4. "Diabetes education" means a collaborative process through which persons with or at risk for diabetes gain the knowledge and skills needed to modify behavior and successfully self-manage diabetes and conditions related to diabetes.
Sec. 5. "Licensed diabetes educator" refers to an individual who is licensed under this article.
Chapter 2. Indiana Diabetes Educators Board
Sec. 1. The Indiana diabetes educators board is established.
Sec. 2. The board consists of five (5) members appointed by the governor as follows:
(1) One (1) member who is a physician licensed under
IC 25-22.5.
(2) One (1) member who is a registered nurse licensed under
IC 25-23.
(3) One (1) member who is a pharmacist licensed under
IC 25-26 who has experience in diabetes education.
(4) One (1) member who is a dietitian certified under
IC 25-14.5.
(5) One (1) member who is a citizen at large who is not
employed in the health care field.
One (1) of the members appointed under subdivisions (2) through
(4) must have completed either the credentialing program of the
American Association of Diabetes Educators or the National
Certification Board for Diabetes Educators.
Sec. 3. Each member of the board serves a term of four (4) years
or until a successor is appointed. The governor shall initially
appoint:
(1) two (2) members for a term of four (4) years;
( 2) two (2) members for a term of three (3) years; and
(3) one (1) member for a term of two (2) years.
Sec. 4. A member may not serve for more than two (2)
consecutive terms.
Sec. 5. The board shall organize annually and elect one (1) of the
members as chairperson and one (1) of the members as secretary.
Sec. 6. A quorum consists of three (3) members.
Sec. 7. The board shall meet at least semiannually and upon the
call of the chairperson or at the request of two (2) members.
Sec. 8. (a) The board shall adopt rules under IC 4-22-2
establishing:
(1) standards for professional responsibility or a code of ethics
for the profession of diabetes educator;
(2) standards of practice that are based upon policies and
positions adopted by the American Association of Diabetes
Educators; and
(3) standards for continuing education requirements for
diabetes educators.
(b) The board shall adopt rules under IC 4-22-2 to establish fees
under IC 25-1-8-2 for:
(1) filing an application for licensure under this article;
(2) issuing an original license under this article;
(3) renewing a license issued under this article;
(4) replacing a license that has been lost or destroyed; and
(5) any other purposes prescribed by IC 25-1-8-2.
(c) The board shall investigate alleged violations brought under this article, conduct investigations, and schedule and conduct administrative hearings under IC 4-21.5.
(d) The board shall keep a record of:
(1) the proceedings of the board; and
(2) all individuals licensed by the board.
Chapter 3. License Requirements
Sec. 1. (a) After July 1, 2014, a person may not use the title of "licensed diabetes educator" or profess to be a licensed diabetes educator unless the person holds a license under this article.
(b) This section does not apply to a person licensed, certified, or registered under any other provision of this title, including:
(1) a physician licensed under IC 25-22.5;
(2) a nurse licensed under IC 25-23;
(3) a pharmacist licensed under IC 25-26;
(4) a dietitian certified under IC 25-14.5; and
(5) a student in accredited programs for the provisions listed in this subsection.
However, if a person covered under this subsection uses the title of "licensed diabetes educator", the person using the title must have some training in diabetes education in addition to the training required for the profession for which the person holds a license.
Sec. 2. An applicant for a license must file a written application with the board on forms provided by the board.
Sec. 3. An applicant must provide evidence to the board showing successful completion of one (1) of the following:
(1) The American Association of Diabetes Educators core concepts course with demonstrable experience in the care of individuals with diabetes under supervision that meets requirements specified in rules adopted by the board.
(2) The credentialing program of the American Association of Diabetes Educators or the National Certification Board for Diabetes Educators.
(3) An equivalent credentialing program as determined by the board.
Sec. 4. Requirements established by the board must include a core body of knowledge and skills in:
(1) the biological and social sciences;
(2) communication;
(3) counseling;
(4) education; and
(5) experience in the care of individuals with diabetes.
Sec. 5. A license issued under this chapter is valid for two (2) years after the date of issuance.
Sec. 6. The board shall require each licensee to complete annually fifteen (15) hours of board approved continuing education.
Chapter 4. License Revocation or Suspension
Sec. 1. For purposes of this chapter, "unprofessional conduct" includes the following:
(1) Obtaining or attempting to obtain a license by fraud, misrepresentation, concealment of material facts, or making a false statement to the board.
(2) Conviction of a felony if the conviction has direct bearing on whether the person is trustworthy to serve the public as a licensed diabetes educator.
(3) Violation of any lawful order issued or rule adopted by the board.
Sec. 2. The board may:
(1) suspend or revoke a license; or
(2) issue a reprimand;
if the licensee engages in unprofessional conduct that has endangered or is likely to endanger the health, welfare, or safety of the public.
Chapter 5. Unlawful Practices
Sec. 1. A person who recklessly, knowingly, or intentionally violates this article commits a Class A misdemeanor.
IC 25-2.1-13-3 (Concerning accountants).
IC 25-2.5-3-4 (Concerning acupuncturists).
IC 25-5.1-4-2 (Concerning athletic trainers).
IC 25-5.2-2-12 (Concerning athlete agents).
IC 25-6.1-7-1 (Concerning auctioneers and auctions).
IC 25-6.1-7-2 (Concerning auctioneers and auctions).
IC 25-8-15.4-25 (Concerning beauty culture).
IC 25-10-1-11 (Concerning chiropractors).
IC 25-11-1-12 (Concerning collection agencies).
IC 25-13-1-3 (Concerning dental hygienists).
IC 25-14-1-25 (Concerning dentists).
IC 25-14.3-5-1 (Concerning diabetes educators).
IC 25-14-4-6 (Concerning dentists).
IC 25-14.5-7-2 (Concerning dietitians).
IC 25-16-1-18 (Concerning employment services).
IC 25-17.3-5-3 (Concerning genetic counselors).
IC 25-17.6-8-2 (Concerning geologists).
IC 25-18-1-19 (Concerning distress sales).
IC 25-20-1-21 (Concerning hearing aid dealers).
IC 25-20.7-5-1 (Concerning interior designers).
IC 25-21.5-5-10 (Concerning land surveyors).
IC 25-21.5-13-2 (Concerning land surveyors).
IC 25-21.8-7-1 (Concerning massage therapists).
IC 25-22.5-8-2 (Concerning physicians).
IC 25-22.5-8-3 (Concerning physicians).
IC 25-23-1-27 (Concerning nurses).
IC 25-23.5-3-2 (Concerning occupational therapists).
IC 25-23.6-3-3 (Concerning marriage and family therapists).
IC 25-23.6-4-4 (Concerning marriage and family therapists).
IC 25-23.6-4.5-4 (Concerning marriage and family therapists).
IC 25-23.6-10.1-6 (Concerning marriage and family therapists).
IC 25-23.6-11-1 (Concerning marriage and family therapists).
IC 25-23.6-11-2 (Concerning marriage and family therapists).
IC 25-23.6-11-3 (Concerning marriage and family therapists).
IC 25-23.7-7-5 (Concerning manufactured home installers).
IC 25-24-1-18 (Concerning optometrists).
IC 25-24-3-17 (Concerning optometrists).
IC 25-26-13-29 (Concerning pharmacists, pharmacies, and drug stores).
IC 25-26-14-23 (Concerning pharmacists, pharmacies, and drug stores).
IC 25-26-14-25 (Concerning pharmacists, pharmacies, and drug stores).
IC 25-26-14-26 (Concerning pharmacists, pharmacies, and drug stores).
IC 25-26-14-27 (Concerning pharmacists, pharmacies, and drug stores).
IC 25-26-19-9 (Concerning pharmacists, pharmacies, and drug stores).
IC 25-26-21-11 (Concerning pharmacists, pharmacies, and drug stores).
IC 25-27-1-12 (Concerning physical therapists).
IC 25-27.5-7-2 (Concerning physician assistants).
IC 25-28.5-1-31 (Concerning plumbers).
IC 25-29-9-1 (Concerning podiatrists).
IC 25-30-1-21 (Concerning private investigator firms, security guards, and polygraph examiners).
IC 25-30-1.3-23 (Concerning private investigator firms, security guards, and polygraph examiners).
IC 25-31-1-13 (Concerning engineers).
IC 25-31-1-27 (Concerning engineers).
IC 25-31.5-8-7 (Concerning soil scientists).
IC 25-33-1-15 (Concerning psychologists).
IC 25-34.5-3-2 (Concerning respiratory care specialists).
IC 25-35.6-3-10 (Concerning speech pathologists and audiologists).
IC 25-36.1-1-2 (Concerning surgical technologists).
IC 25-36.5-1-10 (Concerning timber buyers).
IC 25-36.5-1-15 (Concerning timber buyers).
IC 25-38.1-4-10 (Concerning veterinarians).
IC 25-38.1-4-11 (Concerning veterinarians).
IC 25-39-5-1 (Concerning water well drilling contractors).
IC 25-39-5-7 (Concerning water well drilling contractors).
IC 25-41-1-2 (Concerning behavior analysts).