Bill Text: IN HB1273 | 2011 | Regular Session | Engrossed
Bill Title: Defines health care provider for purposes of the statute authorizing the attorney general to take certain actions with respect to abandoned health records and other records containing personal information.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2011-05-16 - SECTION 26 effective retroactive to 07/01/2010 [HB1273 Detail]
Download: Indiana-2011-HB1273-Engrossed.html
Citations Affected: IC 4-6; IC 9-13; IC 9-23; IC 16-28; IC 16-37;
IC 24-4.7; IC 24-5; IC 24-9; IC 25-1; IC 25-13; IC 25-14; IC 25-22.5;
IC 25-35.6; IC 27-4; IC 27-7; IC 27-8; IC 27-13; noncode.
(SENATE SPONSORS _ ZAKAS, LANANE, YOUNG R MICHAEL, YODER, ROGERS, WYSS, KRUSE, HUME, BECKER, TOMES, MRVAN, GROOMS, BRODEN, CHARBONNEAU, STEELE, ALTING, SKINNER)
January 12, 2011, read first time and referred to Committee on Judiciary.
January 20, 2011, amended, reported _ Do Pass.
January 24, 2011, read second time, amended, ordered engrossed.
January 25, 2011, engrossed.
January 31, 2011, read third time, passed. Yeas 96, nays 0.
February 17, 2011, read first time and referred to Committee on Commerce and Economic Development.
March 8, 2011, amended, reported favorably _ Do Pass.
March 22, 2011, pursuant to Senate Rule 68(b); reassigned to Committee on Health and Provider Services.
March 31, 2011, amended, reported favorably _ Do Pass.
April 5, 2011, read second time, amended, ordered engrossed.
Digest Continued
Digest Continued
"deceptive act" includes a knowing or intentional misrepresentation made regarding real estate transactions and mortgage transactions. Defines "debt collector". Provides that maintenance of an electronic system for the collection and storage of certain information about persons participating in or assisting with certain residential mortgage transactions also applies in the case of certain residential real estate transactions. Requires certain additional information about residential mortgage transactions and residential real estate transactions to be collected and stored in the system.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning trade
regulation.
(1) a person listed in IC 16-39-7-1(a)(1) through IC 16-39-7-1(a)(11); or
(2) a person licensed, certified, registered, or regulated by a board listed in IC 25-1-9-1.
manufacturer by a dealer. The term includes a manufacturer
drawing funds from an account of a dealer.
(1) fail to pay all claims made by dealers for compensation for:
(A) delivery and preparation work;
(B) warranty work; and
(C) incentive payments;
within thirty (30) days after approval;
(2) fail to approve or disapprove the claims within thirty (30) days after receipt; or
(3) disapprove a claim without notice to the dealer in writing of the grounds for disapproval.
(b) Subject to subsection (c), a manufacturer or distributor may:
(1) audit claims made by a dealer for warranty work or incentive payments for up to one (1) year after the date on which a claim is paid; or
(2) charge back to a dealer any amounts paid on false or unsubstantiated claims for warranty work or incentive payments.
(c) The limitations of subsection (b) do not apply if the manufacturer or distributor can prove fraud on a claim.
(1) the individual may not practice as a qualified medication aide or a certified nurse aide; and
(2) a facility may not employ the individual as a qualified medication aide or a certified nurse aide.
(b) The
(1) Establish a program for the certification of qualified medication aides and certified nurse aides who work in facilities licensed under this article.
(2) Prescribe education and training programs for qualified medication aides and certified nurse aides, including course and
inservice requirements. The training program must include a
competency test that the individual must pass before being
granted an initial certification.
(3) Determine the standards concerning the functions that may be
performed by a qualified medication aide and a certified nurse
aide.
(4) Establish annual certification fees for qualified medication
aides.
(5) Adopt rules under IC 4-22-2 necessary to implement and
enforce this section.
(c) The state department shall maintain a registry of each individual
who is:
(1) certified as a:
(A) qualified medication aide; or
(B) certified nurse aide; or
(2) registered as a home health aide under rules adopted
under IC 16-27-1-7.
(d) The department may conduct hearings for violations of this
section under IC 4-21.5.
(b) Beginning January 1, 2011, the state department shall establish the Indiana death registration system (IDRS) for recording in an electronic format deaths in Indiana.
(c) Submission of records on births and deaths shall be entered by:
(1) funeral directors;
(2) physicians;
(3) coroners;
(4) medical examiners;
(5) persons in attendance at birth; and
(6) local health departments;
using the electronic system created by the state department under this section.
(d) A person in attendance at a live birth shall report a birth to the local health officer in accordance with IC 16-37-2-2.
(e) Death records shall be submitted as follows, using the Indiana death registration system:
(1) The:
(A) physician last in attendance upon the deceased; or
(B) person in charge of interment;
shall initiate the document process.
(2) The physician last in attendance upon the deceased shall electronically certify to the local health department the cause of death on the certificate of death not later than five (5) days after:
(A) initiating the document process; or
(B) receiving under IC 16-37-3-5 the electronic notification from the person in charge of interment.
(3) The local health officer shall submit the reports required under IC 16-37-1-5 to the state department not later than five (5) days after electronically receiving under IC 16-37-3-5 the completed certificate of death from the physician last in attendance.
(b) Each day a violation continues constitutes a separate offense.
(c) A person who:
(1) is licensed under IC 25 in a profession listed in section 3.1(c) of this chapter; and
(2) recklessly violates or fails to comply with this chapter;
is subject only to sanctions under IC 25-1-9-4(a)(3).
(d) The state department may not begin sanctioning a person for failing to submit a document in electronic format as required in section 3.1 of this chapter until January 1, 2012.
(b) Notwithstanding subsection (a), beginning January 1, 2011, the physician last in attendance upon the deceased or the person in charge of interment shall use the Indiana death registration system established under IC 16-37-1-3.1 to file a certificate of death with the local health officer of the jurisdiction in which the death occurred. The
local health officer shall retain a copy of the certificate of death.
(b) Notwithstanding subsection (a), beginning January 1, 2011, using the Indiana death registration system established under IC 16-37-1-3.1, if the person in charge of interment initiates the process, the person in charge of interment shall electronically provide a certificate of death to the physician last in attendance upon the deceased. The physician last in attendance upon the deceased shall electronically certify to the local health department the cause of death on the certificate of death, using the Indiana death registration system.
(1) for the telephone service received:
(A) has a place of primary use in Indiana; or
(B) is issued an Indiana telephone number or an Indiana identification number; and
(2) is an actual or a prospective:
(b) The term includes a user of a prepaid wireless calling service (as defined in IC 6-2.5-1-22.4) who:
(1) is issued an Indiana telephone number or an Indiana identification number for the service; or
(2) purchases prepaid wireless calling service in a retail transaction that is sourced to Indiana (as determined under IC 6-2.5-12-16).
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. "Doing business
in Indiana" means:
(1) making; or
(2) causing others to make;
telephone sales calls to consumers located in Indiana whether the
telephone sales calls are made from a location in Indiana or outside
Indiana.
(1) the residential street address of the subscriber or, in the case of a subscriber of interconnected VOIP service, the subscriber's registered location (as defined in 47 CFR 9.3); and
(2) in the case of mobile telecommunications services (as defined in IC 6-8.1-15-7), within the licensed service area of the home service provider, as set forth in IC 6-8.1-15-8.
(1) is assigned to a subscriber who has a place of primary use in Indiana; or
(2) otherwise represents an Indiana telephone number or is associated with an Indiana identification number.
(1) Solicitation of a sale of consumer goods or services.
(2) Solicitation of a charitable contribution.
(3) Obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes.
(b) The term includes any of the following:
(1) A call made by use of an automated dialing
(2) A call made by use of a recorded message
(3) Transmission of:
(A) a text message; or
(B) a graphic message;
using short message service (SMS).
(4) Transmission of:
(A) an image;
(B) a photograph; or
(C) a multimedia message;
using multimedia messaging service (MMS).
(1) Subscribers of interconnected VOIP service.
(2) Subscribers of mobile telecommunications service (as defined in IC 6-8.1-15-7).
(3) Users of a prepaid wireless calling service, as described in IC 24-4.7-2-2(b).
(1) "Consumer transaction" means a sale, lease, assignment, award by chance, or other disposition of an item of personal property, real property, a service, or an intangible, except securities and policies or contracts of insurance issued by corporations authorized to transact an insurance business under the laws of the state of Indiana, with or without an extension of credit, to a person for purposes that are primarily personal, familial, charitable, agricultural, or household, or a solicitation to supply any of these things. However, the term includes the following:
(A) A transfer of structured settlement payment rights under IC 34-50-2.
(B) An unsolicited advertisement sent to a person by telephone facsimile machine offering a sale, lease, assignment, award by chance, or other disposition of an item of personal property, real property, a service, or an intangible.
(C) Collecting or attempting to collect a debt owed or due,
or asserted to be owed or due, to another person.
(2) "Person" means an individual, corporation, the state of Indiana
or its subdivisions or agencies, business trust, estate, trust,
partnership, association, nonprofit corporation or organization, or
cooperative or any other legal entity.
(3) "Supplier" means the following:
(A) A seller, lessor, assignor, or other person who regularly
engages in or solicits consumer transactions, including
soliciting a consumer transaction by using a telephone
facsimile machine to transmit an unsolicited advertisement.
The term includes a manufacturer, wholesaler, or retailer,
whether or not the person deals directly with the consumer.
(B) A person who contrives, prepares, sets up, operates,
publicizes by means of advertisements, or promotes a pyramid
promotional scheme.
(C) A debt collector.
(4) "Subject of a consumer transaction" means the personal
property, real property, services, or intangibles offered or
furnished in a consumer transaction.
(5) "Cure" as applied to a deceptive act, means either:
(A) to offer in writing to adjust or modify the consumer
transaction to which the act relates to conform to the
reasonable expectations of the consumer generated by such
deceptive act and to perform such offer if accepted by the
consumer; or
(B) to offer in writing to rescind such consumer transaction
and to perform such offer if accepted by the consumer.
The term includes an offer in writing of one (1) or more items of
value, including monetary compensation, that the supplier
delivers to a consumer or a representative of the consumer if
accepted by the consumer.
(6) "Offer to cure" as applied to a deceptive act is a cure that:
(A) is reasonably calculated to remedy a loss claimed by the
consumer; and
(B) includes a minimum additional amount that is the greater
of:
(i) ten percent (10%) of the value of the remedy under
clause (A), but not more than four thousand dollars
($4,000); or
(ii) five hundred dollars ($500);
as compensation for attorney's fees, expenses, and other costs
that a consumer may incur in relation to the deceptive act.
(7) "Uncured deceptive act" means a deceptive act:
(A) with respect to which a consumer who has been damaged by such act has given notice to the supplier under section 5(a) of this chapter; and
(B) either:
(i) no offer to cure has been made to such consumer within thirty (30) days after such notice; or
(ii) the act has not been cured as to such consumer within a reasonable time after the consumer's acceptance of the offer to cure.
(8) "Incurable deceptive act" means a deceptive act done by a supplier as part of a scheme, artifice, or device with intent to defraud or mislead. The term includes a failure of a transferee of structured settlement payment rights to timely provide a true and complete disclosure statement to a payee as provided under IC 34-50-2 in connection with a direct or indirect transfer of structured settlement payment rights.
(9) "Pyramid promotional scheme" means any program utilizing a pyramid or chain process by which a participant in the program gives a valuable consideration exceeding one hundred dollars ($100) for the opportunity or right to receive compensation or other things of value in return for inducing other persons to become participants for the purpose of gaining new participants in the program. The term does not include ordinary sales of goods or services to persons who are not purchasing in order to participate in such a scheme.
(10) "Promoting a pyramid promotional scheme" means:
(A) inducing or attempting to induce one (1) or more other persons to become participants in a pyramid promotional scheme; or
(B) assisting another in promoting a pyramid promotional scheme.
(11) "Elderly person" means an individual who is at least sixty-five (65) years of age.
(12) "Telephone facsimile machine" means equipment that has the capacity to transcribe text or images, or both, from:
(A) paper into an electronic signal and to transmit that signal over a regular telephone line; or
(B) an electronic signal received over a regular telephone line onto paper.
(13) "Unsolicited advertisement" means material advertising the commercial availability or quality of:
(A) property;
(B) goods; or
(C) services;
that is transmitted to a person without the person's prior express invitation or permission, in writing or otherwise.
(14) "Debt" has the meaning set forth in 15 U.S.C. 1692a(5)).
(15) "Debt collector" has the meaning set forth in 15 U.S.C. 1692a(6). The term does not include a person admitted to the practice of law in Indiana if the person is acting within the course and scope of the person's practice as an attorney.
(b) As used in section 3(a)(15) and 3(a)(16) of this chapter:
(1) "Directory assistance" means the disclosure of telephone number information in connection with an identified telephone service subscriber by means of a live operator or automated service.
(2) "Local telephone directory" refers to a telephone classified advertising directory or the business section of a telephone directory that is distributed by a telephone company or directory publisher to subscribers located in the local exchanges contained in the directory. The term includes a directory that includes listings of more than one (1) telephone company.
(3) "Local telephone number" refers to a telephone number that has the three (3) number prefix used by the provider of telephone service for telephones physically located within the area covered by the local telephone directory in which the number is listed. The term does not include long distance numbers or 800-, 888-, or 900- exchange numbers listed in a local telephone directory.
(1) That such subject of a consumer transaction has sponsorship, approval, performance, characteristics, accessories, uses, or benefits it does not have which the supplier knows or should reasonably know it does not have.
(2) That such subject of a consumer transaction is of a particular standard, quality, grade, style, or model, if it is not and if the supplier knows or should reasonably know that it is not.
(3) That such subject of a consumer transaction is new or unused, if it is not and if the supplier knows or should reasonably know
that it is not.
(4) That such subject of a consumer transaction will be supplied
to the public in greater quantity than the supplier intends or
reasonably expects.
(5) That replacement or repair constituting the subject of a
consumer transaction is needed, if it is not and if the supplier
knows or should reasonably know that it is not.
(6) That a specific price advantage exists as to such subject of a
consumer transaction, if it does not and if the supplier knows or
should reasonably know that it does not.
(7) That the supplier has a sponsorship, approval, or affiliation in
such consumer transaction the supplier does not have, and which
the supplier knows or should reasonably know that the supplier
does not have.
(8) That such consumer transaction involves or does not involve
a warranty, a disclaimer of warranties, or other rights, remedies,
or obligations, if the representation is false and if the supplier
knows or should reasonably know that the representation is false.
(9) That the consumer will receive a rebate, discount, or other
benefit as an inducement for entering into a sale or lease in return
for giving the supplier the names of prospective consumers or
otherwise helping the supplier to enter into other consumer
transactions, if earning the benefit, rebate, or discount is
contingent upon the occurrence of an event subsequent to the time
the consumer agrees to the purchase or lease.
(10) That the supplier is able to deliver or complete the subject of
the consumer transaction within a stated period of time, when the
supplier knows or should reasonably know the supplier could not.
If no time period has been stated by the supplier, there is a
presumption that the supplier has represented that the supplier
will deliver or complete the subject of the consumer transaction
within a reasonable time, according to the course of dealing or the
usage of the trade.
(11) That the consumer will be able to purchase the subject of the
consumer transaction as advertised by the supplier, if the supplier
does not intend to sell it.
(12) That the replacement or repair constituting the subject of a
consumer transaction can be made by the supplier for the estimate
the supplier gives a customer for the replacement or repair, if the
specified work is completed and:
(A) the cost exceeds the estimate by an amount equal to or
greater than ten percent (10%) of the estimate;
(B) the supplier did not obtain written permission from the customer to authorize the supplier to complete the work even if the cost would exceed the amounts specified in clause (A);
(C) the total cost for services and parts for a single transaction is more than seven hundred fifty dollars ($750); and
(D) the supplier knew or reasonably should have known that the cost would exceed the estimate in the amounts specified in clause (A).
(13) That the replacement or repair constituting the subject of a consumer transaction is needed, and that the supplier disposes of the part repaired or replaced earlier than seventy-two (72) hours after both:
(A) the customer has been notified that the work has been completed; and
(B) the part repaired or replaced has been made available for examination upon the request of the customer.
(14) Engaging in the replacement or repair of the subject of a consumer transaction if the consumer has not authorized the replacement or repair, and if the supplier knows or should reasonably know that it is not authorized.
(15) The act of misrepresenting the geographic location of the supplier by listing a fictitious business name or an assumed business name (as described in IC 23-15-1) in a local telephone directory if:
(A) the name misrepresents the supplier's geographic location;
(B) the listing fails to identify the locality and state of the supplier's business;
(C) calls to the local telephone number are routinely forwarded or otherwise transferred to a supplier's business location that is outside the calling area covered by the local telephone directory; and
(D) the supplier's business location is located in a county that is not contiguous to a county in the calling area covered by the local telephone directory.
(16) The act of listing a fictitious business name or assumed business name (as described in IC 23-15-1) in a directory assistance database if:
(A) the name misrepresents the supplier's geographic location;
(B) calls to the local telephone number are routinely forwarded or otherwise transferred to a supplier's business location that is outside the local calling area; and
(C) the supplier's business location is located in a county that
is not contiguous to a county in the local calling area.
(17) The violation by a supplier of IC 24-3-4 concerning
cigarettes for import or export.
(18) The act of a supplier in knowingly selling or reselling a
product to a consumer if the product has been recalled, whether
by the order of a court or a regulatory body, or voluntarily by the
manufacturer, distributor, or retailer, unless the product has been
repaired or modified to correct the defect that was the subject of
the recall.
(19) The violation by a supplier of 47 U.S.C. 227, including any
rules or regulations issued under 47 U.S.C. 227.
(20) The violation by a supplier of the federal Fair Debt
Collection Practices Act (15 U.S.C. 1692 et seq.), including any
rules or regulations issued under the federal Fair Debt
Collection Practices Act (15 U.S.C. 1692 et seq.).
(21) A violation of IC 24-5-7 (concerning health spa services),
as set forth in IC 24-5-7-17.
(22) A violation of IC 24-5-8 (concerning business opportunity
transactions), as set forth in IC 24-5-8-20.
(23) A violation of IC 24-5-10 (concerning home consumer
transactions), as set forth in IC 24-5-10-18.
(24) A violation of IC 24-5-11 (concerning home improvement
contracts), as set forth in IC 24-5-11-14.
(25) A violation of IC 24-5-12 (concerning telephone
solicitations), as set forth in IC 24-5-12-23.
(26) A violation of IC 24-5-13.5 (concerning buyback motor
vehicles), as set forth in IC 24-5-13.5-14.
(27) A violation of IC 24-5-14 (concerning automatic
dialing-announcing devices), as set forth in IC 24-5-14-13.
(28) A violation of IC 24-5-15 (concerning credit services
organizations), as set forth in IC 24-5-15-11.
(29) A violation of IC 24-5-16 (concerning unlawful motor
vehicle subleasing), as set forth in IC 24-5-16-18.
(30) A violation of IC 24-5-17 (concerning environmental
marketing claims), as set forth in IC 24-5-17-14.
(31) A violation of IC 24-5-19 (concerning deceptive
commercial solicitation), as set forth in IC 24-5-19-11.
(32) A violation of IC 24-5-21 (concerning prescription drug
discount cards), as set forth in IC 24-5-21-7.
(33) A violation of IC 24-5-23.5-7 (concerning real estate
appraisals), as set forth in IC 24-5-23.5-9.
(34) A violation of IC 24-5-26 (concerning identity theft), as
set forth in IC 24-5-26-3.
(35) A violation of IC 24-5.5 (concerning mortgage rescue
fraud), as set forth in IC 24-5.5-6-1.
(36) A violation of IC 24-8 (concerning promotional gifts and
contests), as set forth in IC 24-8-6-3.
(b) Any representations on or within a product or its packaging or
in advertising or promotional materials which would constitute a
deceptive act shall be the deceptive act both of the supplier who places
such representation thereon or therein, or who authored such materials,
and such other suppliers who shall state orally or in writing that such
representation is true if such other supplier shall know or have reason
to know that such representation was false.
(c) If a supplier shows by a preponderance of the evidence that an
act resulted from a bona fide error notwithstanding the maintenance of
procedures reasonably adopted to avoid the error, such act shall not be
deceptive within the meaning of this chapter.
(d) It shall be a defense to any action brought under this chapter that
the representation constituting an alleged deceptive act was one made
in good faith by the supplier without knowledge of its falsity and in
reliance upon the oral or written representations of the manufacturer,
the person from whom the supplier acquired the product, any testing
organization, or any other person provided that the source thereof is
disclosed to the consumer.
(e) For purposes of subsection (a)(12), a supplier that provides
estimates before performing repair or replacement work for a customer
shall give the customer a written estimate itemizing as closely as
possible the price for labor and parts necessary for the specific job
before commencing the work.
(f) For purposes of subsection (a)(15) and (a)(16), a telephone
company or other provider of a telephone directory or directory
assistance service or its officer or agent is immune from liability for
publishing the listing of a fictitious business name or assumed business
name of a supplier in its directory or directory assistance database
unless the telephone company or other provider of a telephone
directory or directory assistance service is the same person as the
supplier who has committed the deceptive act.
(g) For purposes of subsection (a)(18), it is an affirmative defense
to any action brought under this chapter that the product has been
altered by a person other than the defendant to render the product
completely incapable of serving its original purpose.
JULY 1, 2011]: Sec. 4. (a) A person relying upon an uncured or
incurable deceptive act may bring an action for the damages actually
suffered as a consumer as a result of the deceptive act or five hundred
dollars ($500), whichever is greater. The court may increase damages
for a willful deceptive act in an amount that does not exceed the greater
of:
(1) three (3) times the actual damages of the consumer suffering
the loss; or
(2) one thousand dollars ($1,000).
Except as provided in subsection (j), the court may award reasonable
attorney fees to the party that prevails in an action under this
subsection. This subsection does not apply to a consumer transaction
in real property, including a claim or action involving a construction
defect (as defined in IC 32-27-3-1(5)) brought against a construction
professional (as defined in IC 32-27-3-1(4)), except for purchases of
time shares and camping club memberships. This subsection does not
apply with respect to a deceptive act described in section 3(a)(20)
of this chapter. This subsection also does not apply to a violation of
IC 24-4.7, IC 24-5-12, or IC 24-5-14. Actual damages awarded to a
person under this section have priority over any civil penalty imposed
under this chapter.
(b) Any person who is entitled to bring an action under subsection
(a) on the person's own behalf against a supplier for damages for a
deceptive act may bring a class action against such supplier on behalf
of any class of persons of which that person is a member and which has
been damaged by such deceptive act, subject to and under the Indiana
Rules of Trial Procedure governing class actions, except as herein
expressly provided. Except as provided in subsection (j), the court may
award reasonable attorney fees to the party that prevails in a class
action under this subsection, provided that such fee shall be determined
by the amount of time reasonably expended by the attorney and not by
the amount of the judgment, although the contingency of the fee may
be considered. Any money or other property recovered in a class action
under this subsection which cannot, with due diligence, be restored to
consumers within one (1) year after the judgment becomes final shall
be returned to the party depositing the same. This subsection does not
apply to a consumer transaction in real property, except for purchases
of time shares and camping club memberships. This subsection does
not apply with respect to a deceptive act described in section
3(a)(20) of this chapter. Actual damages awarded to a class have
priority over any civil penalty imposed under this chapter.
(c) The attorney general may bring an action to enjoin a deceptive
act, including a deceptive act described in section 3(a)(20) of this
chapter, notwithstanding subsections (a) and (b). However, the
attorney general may seek to enjoin patterns of incurable deceptive acts
with respect to consumer transactions in real property. In addition, the
court may:
(1) issue an injunction;
(2) order the supplier to make payment of the money unlawfully
received from the aggrieved consumers to be held in escrow for
distribution to aggrieved consumers;
(3) order the supplier to pay to the state the reasonable costs of
the attorney general's investigation and prosecution related to the
action; and
(4) provide for the appointment of a receiver.
(d) In an action under subsection (a), (b), or (c), the court may void
or limit the application of contracts or clauses resulting from deceptive
acts and order restitution to be paid to aggrieved consumers.
(e) In any action under subsection (a) or (b), upon the filing of the
complaint or on the appearance of any defendant, claimant, or any
other party, or at any later time, the trial court, the supreme court, or the
court of appeals may require the plaintiff, defendant, claimant, or any
other party or parties to give security, or additional security, in such
sum as the court shall direct to pay all costs, expenses, and
disbursements that shall be awarded against that party or which that
party may be directed to pay by any interlocutory order by the final
judgment or on appeal.
(f) Any person who violates the terms of an injunction issued under
subsection (c) shall forfeit and pay to the state a civil penalty of not
more than fifteen thousand dollars ($15,000) per violation. For the
purposes of this section, the court issuing an injunction shall retain
jurisdiction, the cause shall be continued, and the attorney general
acting in the name of the state may petition for recovery of civil
penalties. Whenever the court determines that an injunction issued
under subsection (c) has been violated, the court shall award
reasonable costs to the state.
(g) If a court finds any person has knowingly violated section 3 or
10 of this chapter, other than section 3(a)(19) or 3(a)(20) of this
chapter, the attorney general, in an action pursuant to subsection (c),
may recover from the person on behalf of the state a civil penalty of a
fine not exceeding five thousand dollars ($5,000) per violation.
(h) If a court finds that a person has violated section 3(a)(19) of this
chapter, the attorney general, in an action under subsection (c), may
recover from the person on behalf of the state a civil penalty as follows:
(1) For a knowing or intentional violation, one thousand five hundred dollars ($1,500).
(2) For a violation other than a knowing or intentional violation, five hundred dollars ($500).
A civil penalty recovered under this subsection shall be deposited in the consumer protection division telephone solicitation fund established by IC 24-4.7-3-6 to be used for the administration and enforcement of section 3(a)(19) of this chapter.
(i) An elderly person relying upon an uncured or incurable deceptive act, including an act related to hypnotism, may bring an action to recover treble damages, if appropriate.
(j) An offer to cure is:
(1) not admissible as evidence in a proceeding initiated under this section unless the offer to cure is delivered by a supplier to the consumer or a representative of the consumer before the supplier files the supplier's initial response to a complaint; and
(2) only admissible as evidence in a proceeding initiated under this section to prove that a supplier is not liable for attorney's fees under subsection (k).
If the offer to cure is timely delivered by the supplier, the supplier may submit the offer to cure as evidence to prove in the proceeding in accordance with the Indiana Rules of Trial Procedure that the supplier made an offer to cure.
(k) A supplier may not be held liable for the attorney's fees and court costs of the consumer that are incurred following the timely delivery of an offer to cure as described in subsection (j) unless the actual damages awarded, not including attorney's fees and costs, exceed the value of the offer to cure.
(l) If a court finds that a person has knowingly violated section 3(a)(20) of this chapter, the attorney general, in an action under subsection (c), may recover from the person on behalf of the state a civil penalty not exceeding one thousand dollars ($1,000) per consumer. In determining the amount of the civil penalty in any action by the attorney general under this subsection, the court shall consider, among other relevant factors, the frequency and persistence of noncompliance by the debt collector, the nature of the noncompliance, and the extent to which the noncompliance was intentional. A person may not be held liable in any action by the attorney general for a violation of section 3(a)(20) of this chapter if the person shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably
adapted to avoid the error. A person may not be held liable in any
action for a violation of this chapter for contacting a person other
than the debtor, provided such contact is made in compliance with
the Fair Debt Collection Practices Act.
(1) makes a material misrepresentation; or
(2) conceals material information regarding the terms or conditions of the transaction.
(b) For purposes of this section, "knowingly" means having actual knowledge at the time of the transaction.
(b) The medical licensing board of Indiana shall investigate a complaint concerning a physician licensed under IC 25-22.5 and a violation specified in IC 25-22.5-2-8. The division shall forward a complaint concerning a physician licensed under IC 25-22.5 and a violation specified in IC 25-22.5-2-8 to the medical licensing board of Indiana for investigation by the board. However, if the complaint includes a violation in addition to a violation specified in IC 25-22.5-2-8, the division shall investigate the complaint in its entirety and notify the medical licensing board of Indiana of the investigation.
(1) a complaint filed by:
(A) a member of any of the boards listed in section 1 of this chapter; or
(B) the Indiana professional licensing agency; or
(2) a complaint filed under IC 25-1-5-4.
(b) Except as provided in section 3(b) of this chapter, the director has the following duties and powers:
(1) The director shall make an initial determination as to the merit of each complaint. A copy of a complaint having merit shall be
submitted to the board having jurisdiction over the licensee's
regulated occupation, that board thereby acquiring jurisdiction
over the matter except as otherwise provided in this chapter.
(2) The director shall through any reasonable means notify the
licensee of the nature and ramifications of the complaint and of
the duty of the board to attempt to resolve the complaint through
negotiation.
(3) The director shall report any pertinent information regarding
the status of the complaint to the complainant.
(4) The director may investigate any written complaint against a
licensee. The investigation shall be limited to those areas in which
there appears to be a violation of statutes governing the regulated
occupation.
(5) The director has the power to subpoena witnesses and to send
for and compel the production of books, records, papers, and
documents for the furtherance of any investigation under this
chapter. The circuit or superior court located in the county where
the subpoena is to be issued shall enforce any such subpoena by
the director.
(b) A person in the employ of the office of attorney general or any of the boards, or any person not a party to the complaint, may not disclose or further a disclosure of information concerning the complaint unless the disclosure is required:
(1) under law; or
(2) for the advancement of an investigation.
must pass an examination satisfactory to administered by an entity
approved by the board. For those applicants who fail to pass an initial
examination, subsequent examinations may be had before the board
upon payment of a fee set by the board under section 5 of this chapter
for each subsequent examination. The board may establish under
section 5 of this chapter additional requirements as a prerequisite to
taking an examination for any applicant who has failed the examination
two (2) or more times. Application fees are not refundable.
(b) An applicant described under subsection (a) shall, at the request
of the board, make an appearance before the board.
(1) must not have been convicted of a crime that has a direct bearing on the applicant's ability to practice competently;
(2) must be a graduate of a school for dental hygienists that:
(A) is accredited by the Commission on Dental Accreditation of the American Dental Association;
(B) is recognized by the board; and
(C) requires a formal course of training of not less than two (2) years of eight (8) months each;
(3) must pass an examination administered by an entity approved by the board; and
(4) may not take any part of the examination described in subdivision (3) more than three (3) times.
examiners, if it is consistent with the board's requirements.
(b) Prior to the issuance of the license, the applicant shall pay a fee set by the board under section 5 of this chapter. A license issued by the board expires on a date specified by the Indiana professional licensing agency under IC 25-1-5-4(k) of each even-numbered year.
(c) An applicant for license renewal must satisfy the following conditions:
(1) Pay the renewal fee set by the board under section 5 of this chapter on or before the renewal date specified by the Indiana professional licensing agency in each even-numbered year.
(2) Subject to IC 25-1-4-3, provide the board with a sworn statement signed by the applicant attesting that the applicant has fulfilled the continuing education requirements under IC 25-13-2.
(3) Be currently certified or successfully complete a course in basic life support through a program approved by the board. The board may waive the basic life support requirement for applicants who show reasonable cause.
(d) If the holder of a license does not renew the license on or before the renewal date specified by the Indiana professional licensing agency, the license expires and becomes invalid without any action by the board.
(e) A license invalidated under subsection (d) may be reinstated by the board in three (3) years or less after such invalidation if the holder of the license meets the requirements under IC 25-1-8-6(c).
(f) If a license remains invalid under subsection (d) for more than three (3) years, the holder of the invalid license may obtain a reinstated license by meeting the requirements for reinstatement under IC 25-1-8-6(d). The board may require the licensee to participate in remediation or pass an examination administered by an entity approved by the board.
(g) The board may require the holder of an invalid license who files an application under this subsection to appear before the board and explain why the holder failed to renew the license.
(h) The board may adopt rules under section 5 of this chapter
establishing requirements for the reinstatement of a license that has
been invalidated for more than three (3) years.
(i) The license to practice must be displayed at all times in plain
view of the patients in the office where the holder is engaged in
practice. No person may lawfully practice dental hygiene who does not
possess a license and its current renewal.
(j) Biennial renewals of licenses are subject to the provisions of
IC 25-1-2.
(1) supervised by a dentist licensed under IC 25-14 and trained in the administration of dental anesthetics; and
(2) conducted at a school described in section 6(2) of this chapter.
(1) completed board approved educational requirements, including cardiopulmonary resuscitation and emergency care training; and
(2) received a board issued dental hygiene anesthetic permit.
(b) Local dental anesthetics do not include nitrous oxide or similar
(b) The board may issue a license to the holder of an inactive license under this section if the applicant:
(1) pays the renewal fee set by the board;
(2) pays the reinstatement fee set by the board;
(3) meets the continuing education requirements set by the board; and
(4) meets competency standards set by the board.
(c) The board may require a licensee whose license has been inactive for more than three (3) years to participate in remediation or pass an examination administered by an entity approved by the
board.
(1) is licensed under; and
(2) fails to comply with;
this article or rules adopted under this article is subject to discipline under IC 25-1-9.
(b) An individual who is licensed under this article is responsible for knowing the standards of conduct and practice established by this article and rules adopted under this article.
(b) Credit hours may be applied under this section only toward the credit hour requirement for the license period during which the credit hours are earned.
(c) During a license period, a dental hygienist may not earn more than five (5) credit hours toward the requirements under this section for continuing education courses that relate specifically to the area of practice management.
(d) Not more than two (2) credit hours for certification programs in basic life support required under IC 25-13-1-8(c)(3) may be applied toward the credit hour requirement during each license period.
(e) During a license period, at least half of the required minimum credit hours must be earned through live presentations or live workshops.
(b) An approved organization must provide the board with course information or materials requested by the board.
(c) If the board determines that an approved organization does not meet the requirements of this chapter, the board shall do the following:
(1) Provide written notification to the organization of the noncompliance specifying the items of noncompliance and the conditions of reinstatement.
(2) Deny credit hours awarded by the organization from the time that the organization receives a notice until the date of reinstatement.
(d) The board shall adopt rules under IC 4-22-2 to implement this chapter.
(1) "Agency" refers to the Indiana professional licensing agency established by IC 25-1-5-3.
(2) "Board" refers to the state board of dentistry established under this chapter.
(3) "Deep sedation" means a
(A) not be easily aroused;
(B) be able to respond purposefully following repeated or painful stimulation;
(C) have an impaired ability to independently maintain ventilatory function;
(D) require assistance in maintaining a patent airway; and
(E) have inadequate spontaneous ventilation.
(4) "Dental assistant" means a qualified dental staff member, other than a licensed dental hygienist, who assists a licensed dentist with patient care while working under the dentist's direct supervision.
(5) "Direct supervision" means that a licensed dentist is physically present in the facility when patient care is provided by the dental assistant.
(6) "Enteral route of administration" means a technique of administering an agent so that it is absorbed through the gastrointestinal tract or oral mucosa.
(7) "General anesthesia" means a
(A) is not arousable, even by painful stimulation;
(B) often has an impaired ability to independently maintain ventiliatory function;
(C) often requires assistance in maintaining a patent airway; and
(D) may require positive pressure ventilation because of depressed spontaneous ventilation or drug induced depression of neuromuscular function.
(8)
(A) responds purposefully to verbal commands, either alone or with light tactile stimulation;
(B) does not require intervention to maintain a patent airway; and
(C) has adequate spontaneous ventilation.
(9) "Parenteral route of administration" means a technique of administering an agent by intravenous or intramuscular injection so that it bypasses the gastrointestinal tract.
(1) nine (9) practicing dentists licensed under IC 25-14 who must have been in practice in
(2) one (1) practicing dental hygienist who:
(A) has been practicing in Indiana as a dental hygienist:
(i) in 2011 and 2012, for at least three (3) years; and
(ii) after 2012, for at least five (5) years; and
(B) is licensed under IC 25-13-1; and
(3) one (1) member to represent the general public who must be a resident to this state and in no way associated with the profession of dentistry other than as a consumer.
All eleven (11) members of the board shall be appointed by the governor for a term of three (3) years each. Any member of the board may serve until the member's successor is appointed and qualified under this chapter. A member may serve consecutive terms, but no
member may serve more than three (3) terms or a total of nine (9)
years.
(b) The appointment of the dentist members shall be made in a
manner that, at all times, each dentist member on the board represents
and is a resident of one (1) of nine (9) examiner districts set forth in
this subsection. Each dentist member shall be chiefly responsible in the
performance of his or her duties with regard to the district from which
he or she is appointed. The nine (9) dentist members' districts consist
of the following counties:
(1) District 1. Tipton, Hamilton, Hendricks, Marion, Hancock,
Morgan, Johnson, and Shelby.
(2) District 2. Lake, Porter, LaPorte, and Jasper.
(3) District 3. St. Joseph, Elkhart, Starke, Marshall, Kosciusko,
and Fulton.
(4) District 4. LaGrange, Steuben, Jay, Noble, Whitley, Allen,
Huntington, Wells, DeKalb, and Adams.
(5) District 5. Knox, Daviess, Gibson, Pike, Dubois, Posey,
Vanderburgh, Warrick, Spencer, and Perry.
(6) District 6. Newton, Benton, White, Pulaski, Cass, Miami,
Wabash, Grant, Howard, Carroll, Warren, Tippecanoe, and
Clinton.
(7) District 7. Vermillion, Parke, Fountain, Montgomery, Boone,
Putnam, Vigo, Clay, Sullivan, Owen, Greene, and Martin.
(8) District 8. Madison, Delaware, Blackford, Randolph, Rush,
Fayette, Union, Henry, and Wayne.
(9) District 9. Monroe, Brown, Bartholomew, Decatur, Franklin,
Lawrence, Jackson, Jennings, Ripley, Dearborn, Orange,
Washington, Scott, Jefferson, Switzerland, Ohio, Crawford,
Harrison, Floyd, and Clark.
(c) The board shall examine all applicants for licenses who present
the credentials set forth in this article and may issue licenses to all
applicants who pass a satisfactory an examination administered by an
entity that has been approved by the board.
shall pay to the board a fee, set by the board under section 13 of this
chapter, at the time of making the application and must pass an
examination before the board at the time and place to be fixed by the
board administered by an entity approved by the board and may
not take any portion of the examination more than three (3) times.
The applicant must purchase examination supplies and pay a fee for the
use of the examination facility.
(b) For those applicants who fail to pass an initial examination
subsequent examinations. may be taken upon payment of a fee, set by
the board under section 13 of this chapter, for each subsequent
examination, If the applicant fails to pass the examination prescribed
by the board, the applicant is entitled to the right of review of the
board's action on the examination under IC 4-21.5. The board may
establish, under section 13 of this chapter, additional requirements as
a prerequisite to taking an examination for an applicant who has failed
the examination two (2) or more times.
(c) (b) A fee paid under this article may not be refunded.
(1) general
(2)
to a patient.
(b) The board shall establish by rule the educational and training requirements for the issuance and renewal of a permit required by subsection (a).
(c) The board shall establish the requirements for a program of education and training for pediatric anesthesiology.
(d) The requirements for a permit issued under this section must be based on the current American Dental Association's "Guidelines for Teaching
(e) A permit issued under this section must be renewed biennially.
(b) Except for the fee collected in subsection (c), all money received by the board under this chapter shall be paid to the agency, which shall:
(1) give a proper receipt for the same; and
(2) at the end of each month:
(A) report to the auditor of state the total amount received from all sources; and
(B) deposit the entire amount of such receipts with the state treasurer to be deposited by the treasurer in the general fund of the state.
Except as provided in subsection (c) and section 3.7 of this chapter, all expenses incurred in the administration of this chapter shall be paid from the general fund upon appropriation being made therefor in the manner provided by law for making such appropriations.
(c) In addition to the fee to issue or renew a license, the board shall establish a fee of twenty dollars ($20) to be paid when an individual applies for the issuance or renewal of a license under:
(1) IC 25-13; or
(2) this article;
to provide funds for administering and enforcing the provisions of IC 25-13 and this article, including investigating and taking action against individuals who violate IC 25-13 or this article. All funds collected under this subsection shall be deposited into the dental compliance fund established by section 3.7 of this chapter.
(1) IC 25-1-9 concerning an individual licensed under IC 25-13 or this article;
(2) IC 25-13; and
(3) this article.
The fund shall be administered by the Indiana professional licensing agency.
(b) The expenses of administering the fund shall be paid from the money in the fund. The fund consists of:
(1) proceeds of the fee collected under section 3.5(c) of this chapter; and
(2) fines and civil penalties collected through investigations of violations of:
(A) IC 25-1-9 concerning individuals licensed under IC 25-13 or this article;
(B) IC 25-13; and
(C) this article;
conducted by the board or the attorney general.
(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
(d) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(e) The attorney general and the Indiana professional licensing agency may enter into a memorandum of understanding to provide the attorney general with funds to conduct investigations and pursue enforcement action against violators of:
(1) IC 25-1-9 if the individual is licensed under IC 25-13 or this article;
(2) IC 25-13; and
(3) this article.
(f) The attorney general and the Indiana professional licensing agency shall present any memorandum of understanding under subsection (e) annually to the board for review.
student or former student is enrolled in an accredited dental residency or fellowship program and is using the permit only for
school purposes. The school shall maintain the permit at the school.
(b) The fee for the permit shall be set by the board under section 13
of this chapter.
(c) Any person receiving using a school's limited dental residency
or dental hygienist intern permit may practice dentistry or dental
hygiene only in a hospital or other board approved institution
designated in the permit and only under the direction of a licensed
dentist who is a member of the dental staff of such the hospital or other
institution. The intern's dental or dental hygiene practice shall be
limited to bona fide patients of such the hospital or other institution.
(d) The permit:
(1) shall be:
(A) valid for only one (1) year from date of issue; and shall be
(B) renewable in the discretion of the board upon the payment
of a fee determined by the board under section 13 of this
chapter; and
(2) may be recalled at any time by the board.
(1) Be a graduate of an American Dental Association accredited dental program, as determined by the board.
(2) Be employed by an accredited dental school.
(b) An individual granted a limited dental faculty permit under this section:
(1) may use the permit to practice only at the school where the individual is employed and as a part of the individual's research or teaching responsibilities; and
(2) may not use the permit to obtain:
(A) a license under section 3 of this chapter; or
(B) reciprocity or endorsement under this article.
(c) The board shall set the permit fee under section 13 of this chapter.
accordance with this chapter. Additional meetings may be called at any
time by the president or any six (6) members of the board to be held at
such time and place as may be designated in the call. Six (6) members
of the board constitute a quorum. A majority of the quorum may
transact business. The board shall elect a president and a secretary. For
their services, the members shall receive per diem and travel expenses
as otherwise provided by law.
(b) It shall be the duty of the board through the agency to keep a
record of all applications for licenses for a period of time designated by
the board, subject to the final approval of the oversight committee on
public records under IC 5-15-5.1-19. Such records shall contain all the
facts set forth in the application, including the action of the board. The
board shall also retain all examination papers for a period of one (1)
year from the date upon which the examination is held. The agency
shall carry out the administrative functions of the board and shall
provide necessary personnel to enable the board to properly carry out
and enforce this chapter.
(c) The board may affiliate with the American Association of Dental
Examiners Boards as an active member thereof and may pay the
regular annual dues of the association out of any available funds of the
board, which are obtained by examination fees or registration renewal
fees as provided by law. However, the affiliation with the American
Association of Dental Examiners Boards shall not impair, restrict,
enlarge, or modify any of the rights, powers, duties, or functions of the
board as prescribed by the laws of this state. The board may designate
one (1) of its members as a delegate of any meeting of the association,
and such delegate member shall receive the regular per diem paid to
members of the board for their services on the board and the member's
necessary expenses while traveling to and from and attending such
meetings.
JULY 1, 2011]: Sec. 16. (a) An applicant for examination under this
article must submit to the board at least forty-five (45) days before the
examination date an application in a form and manner prescribed by
the board and proof satisfactory to the board that the applicant has not
been convicted of a crime that has a direct bearing on the applicant's
ability to practice competently. An applicant must submit proof to the
board at least seven (7) days before the examination date that the
applicant is a graduate of a dental school that is recognized by the
board.
(b) The board may issue a license upon payment of a fee, set by the
board under section 13 of this chapter, to an applicant who furnishes
proof satisfactory to the board that the applicant is a dentist who:
(1) is licensed in another state or a province of Canada that has
licensing requirements substantially equal to those in effect in
Indiana on the date of application;
(2) has practiced dentistry for at least two (2) of the three (3)
years preceding the date of application;
(3) passes the law examination administered by the board or an
entity approved by the board;
(4) has completed at least twenty (20) the required hours of
continuing education in the previous two (2) years; and
(5) meets all other requirements of this chapter.
(c) The board shall have power to adopt rules under section 13 of
this chapter for licensure by endorsement.
(d) An applicant shall, at the request of the board, make an
appearance before the board.
(b) The board may issue a license to the holder of an inactive license under this section, if the applicant:
(1) pays the renewal fee set by the board;
(2) pays the reinstatement fee set by the board;
(3) meets continuing education requirements set by the board; and
(4) meets competency standards set by the board.
(c) The board may require a licensee whose license has been inactive for more than three (3) years to participate in remediation or pass an examination administered by an entity approved by the board.
(1) Practice dentistry not being at the time a dentist duly licensed to practice as such in this state under this chapter.
(2) Employ, hire, or procure one who is not duly licensed as a dentist to practice dentistry, but a person practiced upon by an unlicensed dentist does not violate this section.
(b) It is a Class B misdemeanor for a person to do any of the following:
(1) Sell or barter, or offer to sell or barter, or, not being lawfully authorized so to do, issue or confer, or offer to issue or confer, any dental degree, license, or any diploma or document conferring, or purporting to confer, any dental degree or license, or any certificate or transcript made, or purporting to be made, under this chapter.
(2) Purchase, or procure by barter, any diploma, license, certificate, or transcript, with intent that it be used as evidence of the qualifications to practice dentistry of any person other than the one upon, or to whom, it was lawfully conferred or issued, or in fraud of the laws regulating the practice.
(3) Use any diploma, certificate, or transcript which has been purchased, fraudulently issued, counterfeited, or materially altered, either as a license or color of license, to practice dentistry, or in order to procure registration as a dentist.
(4) Practice dentistry under a false name, under a name intended to mislead the public, under the license of another person of the same name, or hold
(5) Assume the title or degree of "Bachelor of Dental Surgery", append the letters "B.D.S.", "D.D.S.", "M.D.S.", or "D.M.D.", to
(6) Assume any title or append or prefix any words to
(7) Not having been licensed to practice dentistry under the laws of this state, represent that
name).
(8) Falsely personate another at any examination held by the
board to ascertain the preliminary professional education of
candidates for dental certificates, dental degrees, or dental
licenses or knowingly avail himself the person of the benefit of
false personation.
(9) (8) Otherwise violate this chapter.
(c) Each date that a person violates this section constitutes a
separate offense.
(1) The individual has been licensed or has had the equivalent of a license for five (5) of the preceding nine (9) years to practice dentistry in the United States or in any country, territory, or other recognized jurisdiction.
(2) The individual has been approved under the credentialing process of an Indiana school of dentistry or an affiliated medical center of an Indiana school of dentistry that is accredited by:
(A) the American Dental Association Commission on Dental Accreditation; or
(B) the Joint Commission on Accreditation of Health Care Organizations.
(3) The individual has successfully documented or demonstrated clinical and academic competency to the board.
(4) The individual is fluent in the English language.
(5) The individual passes the written law examination administered by the board.
(6) The individual meets the continuing education requirements required by IC 25-14-3.
(7) The individual pays the licensing fee set by the board under subsection (f).
(b) A license issued under this section must be held by the Indiana school of dentistry for which the licensee is employed.
(c) A license issued under this section does not meet the requirements of section 16 of this chapter and may not be used to obtain a general dentistry license under this article.
(d) A licensee under this section may teach and practice dentistry only at or on behalf of an Indiana school of dentistry or an affiliated medical center of an Indiana school of dentistry.
(e) An instructor's license is valid only during the time the licensee is employed or has a valid employment contract for a full-time faculty position at the Indiana school of dentistry or an affiliated medical center. The Indiana school of dentistry or the affiliated medical center shall notify the board in writing upon the termination of the employment contract of an individual who is issued a license under this section and surrender the license not later than thirty (30) days after the licensee's employment ceases.
(f) The board shall set a fee for the issuance and renewal of a license under this section.
(g) Unless renewed, a license issued by the board under this section expires annually on a date specified by the agency under IC 25-1-5-4. An applicant for renewal must pay the renewal fee set by the board on or before the renewal date specified by the agency.
(h) Not more than
(i) The board shall adopt rules under IC 4-22-2 necessary to implement this section.
(1) is licensed under; and
(2) fails to comply with;
this article or rules adopted under this article is subject to discipline under IC 25-1-9.
(b) An individual who is licensed under this article is responsible for knowing the standards of conduct and practice established by this article and rules adopted under this article.
(b) Credit hours may be applied under this section only toward the credit hour requirement for the license period during which the credit hours are earned.
(c) During a license period, a dentist may not earn more than five (5) credit hours toward the requirements under this section for continuing education courses that relate specifically to the area of practice management.
(1) Licensure renewal fraud.
(2) Failure to timely provide copies of patient medical records.
(3) Overcharging for copies of patient medical records.
(4) Improper release of confidential patient information.
(5) Failure to maintain accurate patient records.
(6) Improper termination of a physician and patient relationship.
(7) Misleading advertising concerning specific board certification.
(8) Practicing with an expired medical license.
(9) Providing office based anesthesia without the proper accreditation.
(10) Failure to perform duties required for issuing birth or death certificates.
(b) An individual who is investigated by the board and found by the board to have committed a violation specified in subsection (a) may appeal the determination made by the board in accordance with IC 4-21.5.
(c) In accordance with the federal Health Care Quality Improvement Act (42 U.S.C. 11132), the board shall report a disciplinary board action that is subject to reporting to the National Practitioner Data Bank. However, the board may not report board action against a physician for only an administrative penalty described in subsection (a). The board's action concerning disciplinary action or an administrative penalty described in
subsection (a) shall be conducted at a hearing that is open to the
public.
(d) The physician compliance fund is established to provide
funds for administering and enforcing the investigation of
violations specified in subsection (a). The fund shall be
administered by the Indiana professional licensing agency.
(e) The expenses of administering the physician compliance fund
shall be paid from the money in the fund. The fund consists of
penalties collected through investigations and assessments by the
board concerning violations specified in subsection (a). Money in
the fund at the end of a state fiscal year does not revert to the state
general fund.
(1) Supervisory responsibilities of the speech-language pathologist.
(2) Ratio of support personnel to speech-language pathologists.
(3) Scope of duties and restrictions of responsibilities for each type of support personnel.
(4) Frequency, duration, and documentation of supervision.
(5) Education and training required to perform services.
(6) Procedures for renewing registration and terminating duties.
(b) A speech-language pathologist must meet the following qualifications to supervise speech-language pathology support personnel:
(1) Hold a current license as a speech-language pathologist issued by the board.
(A) before September 1, 1990, completed all the course work and obtained all the experience required to receive a life license from the department of education; and
(B) was issued a life license by the department of education;
hold a certificate of clinical competence in speech-language pathology or its equivalent issued by a nationally recognized association for speech-language and hearing.
(c) Speech-language pathology support personnel may provide support services only under the supervision of a speech-language pathologist.
(1) Making, issuing, circulating, or causing to be made, issued, or circulated, any estimate, illustration, circular, or statement:
(A) misrepresenting the terms of any policy issued or to be issued or the benefits or advantages promised thereby or the dividends or share of the surplus to be received thereon;
(B) making any false or misleading statement as to the dividends or share of surplus previously paid on similar policies;
(C) making any misleading representation or any misrepresentation as to the financial condition of any insurer, or as to the legal reserve system upon which any life insurer operates;
(D) using any name or title of any policy or class of policies misrepresenting the true nature thereof; or
(E) making any misrepresentation to any policyholder insured in any company for the purpose of inducing or tending to induce such policyholder to lapse, forfeit, or surrender the policyholder's insurance.
(2) Making, publishing, disseminating, circulating, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over any radio or television station, or in any other way, an advertisement, announcement, or statement containing any assertion, representation, or statement with respect to any person in the conduct of the person's insurance business, which is untrue, deceptive, or misleading.
(3) Making, publishing, disseminating, or circulating, directly or indirectly, or aiding, abetting, or encouraging the making, publishing, disseminating, or circulating of any oral or written statement or any pamphlet, circular, article, or literature which is false, or maliciously critical of or derogatory to the financial condition of an insurer, and which is calculated to injure any person engaged in the business of insurance.
(4) Entering into any agreement to commit, or individually or by a concerted action committing any act of boycott, coercion, or
intimidation resulting or tending to result in unreasonable
restraint of, or a monopoly in, the business of insurance.
(5) Filing with any supervisory or other public official, or making,
publishing, disseminating, circulating, or delivering to any person,
or placing before the public, or causing directly or indirectly, to
be made, published, disseminated, circulated, delivered to any
person, or placed before the public, any false statement of
financial condition of an insurer with intent to deceive. Making
any false entry in any book, report, or statement of any insurer
with intent to deceive any agent or examiner lawfully appointed
to examine into its condition or into any of its affairs, or any
public official to which such insurer is required by law to report,
or which has authority by law to examine into its condition or into
any of its affairs, or, with like intent, willfully omitting to make a
true entry of any material fact pertaining to the business of such
insurer in any book, report, or statement of such insurer.
(6) Issuing or delivering or permitting agents, officers, or
employees to issue or deliver, agency company stock or other
capital stock, or benefit certificates or shares in any common law
corporation, or securities or any special or advisory board
contracts or other contracts of any kind promising returns and
profits as an inducement to insurance.
(7) Making or permitting any of the following:
(A) Unfair discrimination between individuals of the same
class and equal expectation of life in the rates or assessments
charged for any contract of life insurance or of life annuity or
in the dividends or other benefits payable thereon, or in any
other of the terms and conditions of such contract. However,
in determining the class, consideration may be given to the
nature of the risk, plan of insurance, the actual or expected
expense of conducting the business, or any other relevant
factor.
(B) Unfair discrimination between individuals of the same
class involving essentially the same hazards in the amount of
premium, policy fees, assessments, or rates charged or made
for any policy or contract of accident or health insurance or in
the benefits payable thereunder, or in any of the terms or
conditions of such contract, or in any other manner whatever.
However, in determining the class, consideration may be given
to the nature of the risk, the plan of insurance, the actual or
expected expense of conducting the business, or any other
relevant factor.
(C) Excessive or inadequate charges for premiums, policy fees, assessments, or rates, or making or permitting any unfair discrimination between persons of the same class involving essentially the same hazards, in the amount of premiums, policy fees, assessments, or rates charged or made for:
(i) policies or contracts of reinsurance or joint reinsurance, or abstract and title insurance;
(ii) policies or contracts of insurance against loss or damage to aircraft, or against liability arising out of the ownership, maintenance, or use of any aircraft, or of vessels or craft, their cargoes, marine builders' risks, marine protection and indemnity, or other risks commonly insured under marine, as distinguished from inland marine, insurance; or
(iii) policies or contracts of any other kind or kinds of insurance whatsoever.
However, nothing contained in clause (C) shall be construed to apply to any of the kinds of insurance referred to in clauses (A) and (B) nor to reinsurance in relation to such kinds of insurance. Nothing in clause (A), (B), or (C) shall be construed as making or permitting any excessive, inadequate, or unfairly discriminatory charge or rate or any charge or rate determined by the department or commissioner to meet the requirements of any other insurance rate regulatory law of this state.
(8) Except as otherwise expressly provided by law, knowingly permitting or offering to make or making any contract or policy of insurance of any kind or kinds whatsoever, including but not in limitation, life annuities, or agreement as to such contract or policy other than as plainly expressed in such contract or policy issued thereon, or paying or allowing, or giving or offering to pay, allow, or give, directly or indirectly, as inducement to such insurance, or annuity, any rebate of premiums payable on the contract, or any special favor or advantage in the dividends, savings, or other benefits thereon, or any valuable consideration or inducement whatever not specified in the contract or policy; or giving, or selling, or purchasing or offering to give, sell, or purchase as inducement to such insurance or annuity or in connection therewith, any stocks, bonds, or other securities of any insurance company or other corporation, association, limited liability company, or partnership, or any dividends, savings, or profits accrued thereon, or anything of value whatsoever not specified in the contract. Nothing in this subdivision and subdivision (7) shall be construed as including within the
definition of discrimination or rebates any of the following
practices:
(A) Paying bonuses to policyholders or otherwise abating their
premiums in whole or in part out of surplus accumulated from
nonparticipating insurance, so long as any such bonuses or
abatement of premiums are fair and equitable to policyholders
and for the best interests of the company and its policyholders.
(B) In the case of life insurance policies issued on the
industrial debit plan, making allowance to policyholders who
have continuously for a specified period made premium
payments directly to an office of the insurer in an amount
which fairly represents the saving in collection expense.
(C) Readjustment of the rate of premium for a group insurance
policy based on the loss or expense experience thereunder, at
the end of the first year or of any subsequent year of insurance
thereunder, which may be made retroactive only for such
policy year.
(D) Paying by an insurer or insurance producer thereof duly
licensed as such under the laws of this state of money,
commission, or brokerage, or giving or allowing by an insurer
or such licensed insurance producer thereof anything of value,
for or on account of the solicitation or negotiation of policies
or other contracts of any kind or kinds, to a broker, an
insurance producer, or a solicitor duly licensed under the laws
of this state, but such broker, insurance producer, or solicitor
receiving such consideration shall not pay, give, or allow
credit for such consideration as received in whole or in part,
directly or indirectly, to the insured by way of rebate.
(9) Requiring, as a condition precedent to loaning money upon the
security of a mortgage upon real property, that the owner of the
property to whom the money is to be loaned negotiate any policy
of insurance covering such real property through a particular
insurance producer or broker or brokers. However, this
subdivision shall not prevent the exercise by any lender of the
lender's right to approve or disapprove of the insurance company
selected by the borrower to underwrite the insurance.
(10) Entering into any contract, combination in the form of a trust
or otherwise, or conspiracy in restraint of commerce in the
business of insurance.
(11) Monopolizing or attempting to monopolize or combining or
conspiring with any other person or persons to monopolize any
part of commerce in the business of insurance. However,
participation as a member, director, or officer in the activities of
any nonprofit organization of insurance producers or other
workers in the insurance business shall not be interpreted, in
itself, to constitute a combination in restraint of trade or as
combining to create a monopoly as provided in this subdivision
and subdivision (10). The enumeration in this chapter of specific
unfair methods of competition and unfair or deceptive acts and
practices in the business of insurance is not exclusive or
restrictive or intended to limit the powers of the commissioner or
department or of any court of review under section 8 of this
chapter.
(12) Requiring as a condition precedent to the sale of real or
personal property under any contract of sale, conditional sales
contract, or other similar instrument or upon the security of a
chattel mortgage, that the buyer of such property negotiate any
policy of insurance covering such property through a particular
insurance company, insurance producer, or broker or brokers.
However, this subdivision shall not prevent the exercise by any
seller of such property or the one making a loan thereon of the
right to approve or disapprove of the insurance company selected
by the buyer to underwrite the insurance.
(13) Issuing, offering, or participating in a plan to issue or offer,
any policy or certificate of insurance of any kind or character as
an inducement to the purchase of any property, real, personal, or
mixed, or services of any kind, where a charge to the insured is
not made for and on account of such policy or certificate of
insurance. However, this subdivision shall not apply to any of the
following:
(A) Insurance issued to credit unions or members of credit
unions in connection with the purchase of shares in such credit
unions.
(B) Insurance employed as a means of guaranteeing the
performance of goods and designed to benefit the purchasers
or users of such goods.
(C) Title insurance.
(D) Insurance written in connection with an indebtedness and
intended as a means of repaying such indebtedness in the
event of the death or disability of the insured.
(E) Insurance provided by or through motorists service clubs
or associations.
(F) Insurance that is provided to the purchaser or holder of an
air transportation ticket and that:
(i) insures against death or nonfatal injury that occurs during the flight to which the ticket relates;
(ii) insures against personal injury or property damage that occurs during travel to or from the airport in a common carrier immediately before or after the flight;
(iii) insures against baggage loss during the flight to which the ticket relates; or
(iv) insures against a flight cancellation to which the ticket relates.
(14) Refusing, because of the for-profit status of a hospital or medical facility, to make payments otherwise required to be made under a contract or policy of insurance for charges incurred by an insured in such a for-profit hospital or other for-profit medical facility licensed by the state department of health.
(15) Refusing to insure an individual, refusing to continue to issue insurance to an individual, limiting the amount, extent, or kind of coverage available to an individual, or charging an individual a different rate for the same coverage, solely because of that individual's blindness or partial blindness, except where the refusal, limitation, or rate differential is based on sound actuarial principles or is related to actual or reasonably anticipated experience.
(16) Committing or performing, with such frequency as to indicate a general practice, unfair claim settlement practices (as defined in section 4.5 of this chapter).
(17) Between policy renewal dates, unilaterally canceling an individual's coverage under an individual or group health insurance policy solely because of the individual's medical or physical condition.
(18) Using a policy form or rider that would permit a cancellation of coverage as described in subdivision (17).
(19) Violating IC 27-1-22-25, IC 27-1-22-26, or IC 27-1-22-26.1 concerning motor vehicle insurance rates.
(20) Violating IC 27-8-21-2 concerning advertisements referring to interest rate guarantees.
(21) Violating IC 27-8-24.3 concerning insurance and health plan coverage for victims of abuse.
(22) Violating IC 27-8-26 concerning genetic screening or testing.
(23) Violating IC 27-1-15.6-3(b) concerning licensure of insurance producers.
(24) Violating IC 27-1-38 concerning depository institutions.
(25) Violating IC 27-8-28-17(c) or IC 27-13-10-8(c) concerning
the resolution of an appealed grievance decision.
(26) Violating IC 27-8-5-2.5(e) through IC 27-8-5-2.5(j) (expired
July 1, 2007, and removed) or IC 27-8-5-19.2 (expired July 1,
2007, and repealed).
(27) Violating IC 27-2-21 concerning use of credit information.
(28) Violating IC 27-4-9-3 concerning recommendations to
consumers.
(29) Engaging in dishonest or predatory insurance practices in
marketing or sales of insurance to members of the United States
Armed Forces as:
(A) described in the federal Military Personnel Financial
Services Protection Act, P.L.109-290; or
(B) defined in rules adopted under subsection (b).
(30) Violating IC 27-8-19.8-20.1 concerning stranger originated
life insurance.
(31) Violating IC 27-8-11-4.7 or IC 27-13-34-15.2 concerning
contracts for dental services.
(b) Except with respect to federal insurance programs under
Subchapter III of Chapter 19 of Title 38 of the United States Code, the
commissioner may, consistent with the federal Military Personnel
Financial Services Protection Act (P.L.109-290), adopt rules under
IC 4-22-2 to:
(1) define; and
(2) while the members are on a United States military installation
or elsewhere in Indiana, protect members of the United States
Armed Forces from;
dishonest or predatory insurance practices.
(1)
(A) is:
(i) a first lien purchase money mortgage transaction; or
(2) A real estate transaction (as defined in IC 24-9-3-7(b)) that:
(A) does not involve a mortgage transaction described in subdivision (1);
(B) is closed by a closing agent (as defined in
IC 6-1.1-12-43(a)(2)) after December 31, 2011.
(b) For purposes of this subsection, a person described in this
subsection is involved in a transaction to which this section applies
if the person participates in or assists with, or will participate in or
assist with, a transaction to which this section applies. Not later than
September 1, 2009, The department shall establish and maintain an
electronic system for the collection and storage of the following
information, to the extent applicable, concerning any of the following
persons that have participated in or assisted with a transaction to which
this section applies, or that will participate in or assist with a
transaction to which this section applies:
(1) In the case of a transaction described in subsection (a)(1),
the name and license number (under IC 23-2-5) of each loan
brokerage business involved in the transaction.
(2) In the case of a transaction described in subsection (a)(1),
the name and license or registration number of any mortgage loan
originator who is:
(A) either licensed or registered under state or federal law as
a mortgage loan originator consistent with the Secure and Fair
Enforcement for Mortgage Licensing Act of 2008 (H.R. 3221
Title V); and
(B) involved in the transaction.
(3) The name and license number (under IC 25-34.1) of each:
(A) principal broker; and
(B) salesperson or broker-salesperson, if any;
involved in the transaction.
(4) The following information:
(A) The:
(i) name of; and
(B) (ii) code assigned by the National Association of
Insurance Commissioners (NAIC) to;
each title insurance underwriter involved in the transaction.
(B) The type of title insurance policy issued in connection
with the transaction.
(5) The name and license number (under IC 27-1-15.6) of each
title insurance agency and agent involved in the transaction as a
closing agent (as defined in IC 6-1.1-12-43(a)(2)).
(6) The following information:
(A) The name and:
(A) (i) license or certificate number (under IC 25-34.1-3-8)
of each licensed or certified real estate appraiser; or
(B) (ii) license number (under IC 25-34.1) of each broker;
who appraises the property that is the subject of the transaction.
(B) The name and registration number (under IC 25-34.1-11-10) of any appraisal management company that performs appraisal management services (as defined in IC 25-34.1-11-3) in connection with the transaction.
(7) In the case of a transaction described in subsection (a)(1), the name of the
(8) In the case of a
(9) In the case of a
(A) The name of the buyer of the property that is the subject of the transaction.
(B) The purchase price of the property that is the subject of the transaction.
(C) The loan amount of the mortgage transaction.
(10) In the case of a transaction described in subsection (a)(2), the following information:
(A) The name of the buyer of the property that is the subject of the transaction.
(B) The purchase price of the property that is the subject of the transaction.
(11) In the case of a transaction described in subsection (a)(1)(A)(ii), the following information:
(A) The name of the borrower in the mortgage transaction.
(B) The loan amount of the refinancing.
(A) name; and
(B) license number, certificate number, registration number, or other code, as appropriate;
of any other person that
(c) The system established by the department under this section must include a form that:
(1) is uniformly accessible in an electronic format to the closing agent (as defined in IC 6-1.1-12-43(a)(2)) in the transaction; and
(2) allows the closing agent to do the following:
(A) Input information identifying the property that is the subject of the transaction by lot or parcel number, street address, or some other means of identification that the department determines:
(i) is sufficient to identify the property; and
(ii) is determinable by the closing agent.
(B) Subject to subsection (d) and to the extent determinable, input the applicable information described in subsection (b).
(C) Respond to the following questions, if applicable:
(i) "On what date did you receive the closing instructions from the creditor in the transaction?".
(ii) "On what date did the transaction close?".
(D) Submit the form electronically to a data base maintained by the department.
(d) Not later than the time of the closing, each person described in subsection (b), other than a person described in subsection (b)(8),
(1) legal name; and
(2) license number, certificate number, registration number, or NAIC code, as appropriate;
to allow the closing agent to comply with subsection (c)(2)(B).
executed by the parties in connection with the transaction.
(e) Except for a person described in subsection (b)(8), or (b)(9),
(b)(10), or (b)(11), a person described in subsection (b) who fails to
comply with subsection (d) is subject to a civil penalty of one hundred
dollars ($100) for each closing with respect to which the person fails
to comply with subsection (d). The penalty:
(1) may be enforced by the state agency that has administrative
jurisdiction over the person in the same manner that the agency
enforces the payment of fees or other penalties payable to the
agency; and
(2) shall be paid into the home ownership education account
established by IC 5-20-1-27.
(f) Subject to subsection (g), the department shall make the
information stored in the data base described in subsection (c)(2)(D)
accessible to:
(1) each entity described in IC 4-6-12-4; and
(2) the homeowner protection unit established under IC 4-6-12-2.
(g) The department, a closing agent who submits a form under
subsection (c), each entity described in IC 4-6-12-4, and the
homeowner protection unit established under IC 4-6-12-2 shall exercise
all necessary caution to avoid disclosure of any information:
(1) concerning a person described in subsection (b), including the
person's license, registration, or certificate number; and
(2) contained in the data base described in subsection (c)(2)(D);
except to the extent required or authorized by state or federal law.
(h) The department may adopt rules under IC 4-22-2, including
emergency rules under IC 4-22-2-37.1, to implement this section.
Rules adopted by the department under this subsection may establish
procedures for the department to:
(1) establish;
(2) collect; and
(3) change as necessary;
an administrative fee to cover the department's expenses in establishing
and maintaining the electronic system required by this section.
(i) If the department adopts a rule under IC 4-22-2 to establish an
administrative fee to cover the department's expenses in establishing
and maintaining the electronic system required by this section, as
allowed under subsection (h), the department may:
(1) require the fee to be paid:
(A) to the closing agent responsible for inputting the
information and submitting the form described in subsection
(c)(2); and
(B) by the borrower, the seller, or the buyer in the transaction;
(2) allow the closing agent described in subdivision (1)(A) to retain a part of the fee collected to cover the closing agent's costs in inputting the information and submitting the form described in subsection (c)(2); and
(3) require the closing agent to pay the remainder of the fee collected to the department for deposit in the title insurance enforcement fund established by IC 27-7-3.6-1, for the department's use in establishing and maintaining the electronic system required by this section.
(b) An insurer may not, under an agreement under section 3 of this chapter, require a dentist to accept an amount set by the insurer as payment for health care services provided to an insured unless the health care services are covered services under the insured's policy.
(c) An insurer may not provide merely de minimis reimbursement or coverage in an effort to avoid the requirements of this section.
(d) This section does not apply to a discount medical card program provider agreement regulated under IC 27-17.
(e) A violation of this section is an unfair and deceptive act in the business of insurance under IC 27-4-1-4.
(b) A limited service health maintenance organization may not,
under a contract described in section 15 of this chapter, require a
dentist to accept an amount set by the limited service health
maintenance organization as payment for limited health services
provided to an enrollee unless the limited health services are
covered services under the enrollee's individual contract or group
contract.
(c) A limited service health maintenance organization may not
provide merely de minimis reimbursement or coverage in an effort
to avoid the requirements of this section.
(d) This section does not apply to a discount medical card
program provider agreement regulated under IC 27-17.
(e) A violation of this section is an unfair and deceptive act in
the business of insurance under IC 27-4-1-4.
(b) This SECTION expires July 1, 2013.
(1) To each individual who applies for licensure and meets the following qualifications:
(A) Holds a license in speech and hearing therapy issued by the department of education.
(B) Has a master's degree in speech-language pathology or a related discipline.
(C) Has been employed as a speech-language pathologist for at least nine (9) months in the last five (5) years.
(2) To each individual who applies for licensure and meets all of the following qualifications:
(A) Holds a license in speech-language pathology issued by the department of education.
(B) Has:
(i) been employed as a speech-language pathologist for at least nine (9) months in the last five (5) years; or
and before January 1, 2013.
(b) This SECTION expires July 1, 2013.
(b) The publisher of the Indiana Administrative Code and Indiana Register shall remove 880 IAC 1-2.1-9(i) from the Indiana Administrative Code.
(c) This SECTION expires January 1, 2012.
