Bill Text: IN SB0356 | 2010 | Regular Session | Introduced
Bill Title: Professional licensing.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2010-03-25 - Sections 6 through 105 effective 07/01/2010 [SB0356 Detail]
Download: Indiana-2010-SB0356-Introduced.html
Citations Affected: IC 4-6-14; IC 16-27-2; IC 25-1; IC 25-2.1-13-1;
IC 25-4-2-10; IC 25-6.1-7-3; IC 25-7; IC 25-8; IC 25-10-1-14;
IC 25-14-1-14; IC 25-15-8-19; IC 25-19-1-14; IC 25-20-1; IC 25-20.2;
IC 25-21.5; IC 25-22.5-8-4; IC 25-23-1-27.2; IC 25-23.6-8.5;
IC 25-24-1-19; IC 25-26-13; IC 25-27-1-12; IC 25-30; IC 25-31-1;
IC 25-32-1; IC 25-33-1-16; IC 25-34.1; IC 25-34.5-3-2; IC 25-35.6;
IC 25-38.1-4-12; IC 34-30-2-152.5; IC 35-48.
Synopsis: Professional licensing. Establishes procedures for the
attorney general to seize, secure, store, and destroy abandoned or at risk
health records and other records containing personally identifying
information. Creates a health records and personal information
protection trust fund to pay for costs associated with securing and
maintaining the records. Allows a criminal history check for employees
of home health agencies and personal services agencies to be provided
through a private agency. Removes the July 1, 2010, expiration that
allows limited criminal histories to be used for employees of home
health agencies and personal services agencies. Establishes a uniform
procedure to allow a board of a regulated occupation to issue a cease
and desist order to an unlicensed person who engages in an activity that
requires a license. Repeals and makes conforming changes concerning
cease and desist and injunction orders. Merges and changes
membership on the following boards: (1) cosmetology and barber
boards; (2) land surveyor and professional engineer boards; (3) hearing
aid dealer committee and speech-language pathology and audiology
board; (4) home inspector board and real estate commission. Relocates
barber statutes. Establishes a mental health counselor associate license.
Eliminates the controlled substances advisory committee and transfers
Effective: June 30, 2010; July 1, 2010.
January 12, 2010, read first time and referred to Committee on Health and Provider
Services.
Digest Continued
responsibilities to the Indiana board of pharmacy. Provides for
automatic revocation of controlled substances permit if a physician's
license is revoked. (Current law requires a separate administrative
process to take place if physician's license is revoked.) Requires the
Indiana scheduled prescription electronic collection and tracking
program's (INSPECT) data base to include information on a controlled
substance recipient's method of payment for the controlled substance
dispensed. Allows INSPECT information to be released to the state
toxicologist and the Medicaid retrospective and prospective drug
utilization review program. Provides civil immunity for a practitioner
who in good faith provides information to a law enforcement agency
based on a report from INSPECT. Requires the board of pharmacy to
establish prescribing norms and dispensing guidelines for the
unsolicited dissemination of INSPECT exception reports to certain
persons. Repeals laws concerning the certification of environmental
health specialists and licensure of hypnotists. Makes conforming
changes.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Chapter 14. Health Records and Identifying Information Protection
Sec. 1. As used in this chapter, "health care provider" means a person listed in IC 16-39-7-1(a)(1) through IC 16-39-7-1(a)(11).
Sec. 2. As used in this chapter, "personal information" has the meaning set forth in IC 24-4.9-2-10.
Sec. 3. As used in this chapter, "regulated professional" means an individual who is regulated by a board listed under IC 25-1-11-1.
Sec. 4. The attorney general shall establish a system to protect abandoned or at risk health records and other records that contain personal information. As part of the system, the attorney general
may do the following with the documents:
(1) Seize.
(2) Store.
(3) Maintain.
(4) Transfer.
(5) Protect.
Sec. 5. The attorney general shall do the following:
(1) Investigate allegations that a health care provider has:
(A) abandoned;
(B) attempted to destroy; or
(C) distributed or is attempting to distribute;
original patient health records in violation of IC 16-39-7-1(b).
(2) Investigate allegations that a regulated professional has:
(A) abandoned;
(B) attempted to destroy or is destroying; or
(C) distributed or is attempting to distribute;
records containing personal information in violation of
IC 24-4.9.
(3) Cooperate with federal, state, and local law enforcement
agencies in the investigation and prosecution of criminal, civil,
or administrative actions concerning patient health records or
other records that contain personal information.
Sec. 6. (a) The attorney general may do any of the following
when conducting an investigation under section 5 of this chapter:
(1) Issue and serve a subpoena for:
(A) the production, seizure, and preservation of the
original records, including records stored in electronic
data processing systems, books, papers, and documents;
and
(B) the appearance of a person to provide testimony under
oath.
(2) Apply to the Marion Circuit Court to enforce a subpoena
described in subdivision (1).
(3) Notify the patients and those individuals identified in:
(A) health records; or
(B) records or documents that contain personal
information;
that the attorney general has taken possession of the records
or documents. The notice in this subdivision must include
information about the procedure for either obtaining originals
or copies of the records or having the original records sent to
a duly authorized subsequent treating health care provider.
(b) The attorney general is entitled to costs in any enforcement action under this chapter.
Sec. 7. (a) The attorney general shall maintain an original patient health record obtained under section 6 of this chapter for the lesser of the following:
(1) The time required under IC 16-39-7-1 and IC 16-39-7-2; or
(2) Three (3) years after the date the records are seized or secured.
(b) When the time expires under subsection (a), the attorney general may destroy the original patient records obtained under section 5 of this chapter.
Sec. 8. (a) The attorney general shall maintain records that are not health records but contain personal information for at least three (3) years after the date the records are seized or secured.
(b) When the time expires under subsection (a) and after notification under section 6 of this chapter, the attorney general may destroy the records that contain personal information.
Sec. 9. (a) The health records and personal identifying information protection trust fund is established for the purpose of paying storage, maintenance, copying, mailing, and transfer of:
(1) patient health records; and
(2) records containing personal information;
as required under this chapter. Expenditures from the trust fund may be made only to carry out the purposes of this subsection.
(b) Subject to subsection (c), if a health care provider or a regulated professional is disciplined under IC 25-1-9 or IC 25-1-11, the board that issues the disciplinary order shall impose a mandatory civil penalty against the individual of five dollars ($5). The civil penalty must be deposited into the health records and personal identifying information protection trust fund.
(c) If the amount in the health records and identifying information protection trust fund exceeds seventy-five thousand dollars ($75,000), the civil penalty imposed under subsection (b) may not be imposed on an individual who is subject to a disciplinary order.
(d) The attorney general shall administer the trust fund.
(e) The expenses of administering the trust fund shall be paid from the money in the fund.
(f) The treasurer of state shall invest the money in the trust fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
(g) Money in the trust fund at the end of a state fiscal year does not revert to the state general fund.
Sec. 10. The attorney general is immune from civil liability for destroying or failing to maintain custody and control of any record obtained under this chapter.
Sec. 11. (a) The following may cooperate with the attorney general's office to implement this chapter:
(1) The Indiana professional licensing agency and the appropriate board that regulates a health care provider or a regulated professional under IC 25.
(2) The state police department.
(3) A prosecuting attorney.
(4) Local law enforcement agencies.
(5) Federal law enforcement agencies.
(b) The attorney general may:
(1) file a complaint against a health care provider or a regulated professional with an entity listed in subsection (b); and
(2) cooperate in an investigation concerning a health care provider or a regulated professional conducted by an entity listed in subsection (a);
to carry out the purposes of this chapter.
Sec. 12. The attorney general may adopt rules under IC 4-22-2 that are necessary to administer and implement this chapter.
(1) A search of the records maintained by all counties in Indiana in which the individual who is the subject of the background check resided.
(2) A search of the records maintained by all counties or similar governmental units in another state, if the individual who is the subject of the background check resided in another state.
(b) If a person who operates a home health agency under IC 16-27-1 or a personal services agency under IC 16-27-4 determines an employee lived outside Indiana at any time during the two (2) years immediately before the date the individual was hired by the home health agency or personal services agency, the home health agency or personal services agency shall apply, not more than three (3) business days after the date that an employee begins to provide services in a patient's temporary or permanent residence, for
(c) If, more than three (3) days after an employee begins providing services in a patient's temporary or permanent residence, a person who operates a home health agency under IC 16-27-1 or a personal services agency under IC 16-27-4 discovers the employee lived outside Indiana during the two (2) years immediately before the date the individual was hired, the agency shall apply, not more than three (3) business days after the date the agency learns the employee lived outside Indiana, for
(d) A home health agency or personal services agency may not employ a person to provide services in a patient's or client's temporary or permanent residence for more than three (3) business days without applying for:
until June 30, 2010; or (a).
(2) a determination concerning that person's national criminal
history background check as required by:
(A) subsection (a)(1); or
(B) subsection (b) or (c) until June 30, 2010.
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Exploitation of an endangered adult (IC 35-46-1-12).
(4) Failure to report battery, neglect, or exploitation of an endangered adult (IC 35-46-1-13).
(5) Theft (IC 35-43-4), if the conviction for theft occurred less than ten (10) years before the person's employment application date.
(6) A felony that is substantially equivalent to a felony listed in:
(A) subdivisions (1) through (4); or
(B) subdivision (5), if the conviction for theft occurred less than ten (10) years before the person's employment application date;
for which the conviction was entered in another state.
(b) A home health agency or personal services agency may not employ a person to provide services in a patient's or client's temporary or permanent residence for more than twenty-one (21) calendar days without receipt of that person's limited criminal history,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 2.1. Rather than being issued annually, the
following permits, licenses, certificates of registration, or evidences of
authority granted by a state agency must be issued for a period of two
(2) years or for the period specified in the article under which the
permit, license, certificate of registration, or evidence of authority is
issued if the period specified in the article is longer than two (2) years:
(1) Certified public accountants, public accountants, and
accounting practitioners.
(2) Architects and landscape architects.
(3) Dry cleaners.
(4) Professional engineers.
(5) Land surveyors.
(6) Real estate brokers.
(7) Real estate agents.
(8) Security dealers' licenses issued by the securities
commissioner.
(9) Dental hygienists.
(10) Dentists.
(11) Veterinarians.
(12) Physicians.
(13) Chiropractors.
(14) Physical therapists.
(15) Optometrists.
(16) Pharmacists and assistants, drugstores or pharmacies.
(17) Motels and mobile home community licenses.
(18) Nurses.
(19) Podiatrists.
(20) Occupational therapists and occupational therapy assistants.
(21) Respiratory care practitioners.
(22) Social workers, marriage and family therapists, and mental
health counselors.
(23) Real estate appraiser licenses and certificates issued by the
real estate appraiser licensure and certification board.
(24) Wholesale legend drug distributors.
(25) Physician assistants.
(26) Dietitians.
(27) Hypnotists.
(28) (27) Athlete agents.
(29) (28) Manufactured home installers.
(30) (29) Home inspectors.
(31) (30) Massage therapists.
(b) This section applies to the following entities that regulate occupations or professions under the Indiana Code:
(1) Indiana board of accountancy.
(2) Indiana grain buyers and warehouse licensing agency.
(3) Indiana auctioneer commission.
(4) Board of registration for architects and landscape architects.
(c) Notwithstanding any other law, the entities included in subsection (b) shall send a notice of the upcoming expiration of a license to each licensee at least sixty (60) days prior to the expiration of the license. The notice must inform the licensee of the need to renew and the requirement of payment of the renewal fee. If this notice of expiration is not sent by the entity, the licensee is not subject to a sanction for failure to renew if, once notice is received from the entity, the license is renewed within forty-five (45) days of the receipt of the notice.
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects (IC 25-4-1-2).
(3) Indiana athletic trainers board (IC 25-5.1-2-1).
(4) Indiana auctioneer commission (IC 25-6.1-2-1).
(1) Board of chiropractic examiners (IC 25-10-1).
(2) State board of dentistry (IC 25-14-1).
(3) Indiana state board of health facility administrators (IC 25-19-1).
(4) Medical licensing board of Indiana (IC 25-22.5-2).
(5) Indiana state board of nursing (IC 25-23-1).
(6) Indiana optometry board (IC 25-24).
(7) Indiana board of pharmacy (IC 25-26).
(8) Board of podiatric medicine (IC 25-29-2-1).
(b) Nothing in this chapter may be construed to give the agency policy making authority, which authority remains with each board.
(1) Board of chiropractic examiners (IC 25-10-1).
(2) State board of dentistry (IC 25-14-1).
(3) Indiana state board of health facility administrators (IC 25-19-1).
(4) Medical licensing board of Indiana (IC 25-22.5-2).
(5) Indiana state board of nursing (IC 25-23-1).
(6) Indiana optometry board (IC 25-24).
(7) Indiana board of pharmacy (IC 25-26).
(8) Board of podiatric medicine (IC 25-29-2-1).
(b) The agency shall create and maintain a provider profile for each provider described in subsection (a).
(c) A provider profile must contain the following information:
(1) The provider's name.
(2) The provider's license, certification, registration, or permit number.
(3) The provider's license, certification, registration, or permit type.
(4) The date the provider's license, certification, registration, or permit was issued.
(5) The date the provider's license, certification, registration, or permit expires.
(6) The current status of the provider's license, certification, registration, or permit.
(7) The provider's city and state of record.
(8) A statement of any disciplinary action taken against the provider within the previous ten (10) years by a board or committee described in subsection (a).
(d) The agency shall make provider profiles available to the public.
(e) The computer gateway administered by the office of technology
established by IC 4-13.1-2-1 shall make the information described in
subsection (c)(1), (c)(2), (c)(3), (c)(6), (c)(7), and (c)(8) generally
available to the public on the Internet.
(f) The agency may adopt rules under IC 4-22-2 to implement this
section.
SECTION 11. IC 25-1-6-3, AS AMENDED BY P.L.160-2009,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 3. (a) The licensing agency shall perform all
administrative functions, duties, and responsibilities assigned by law
or rule to the executive director, secretary, or other statutory
administrator of the following:
(1) 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 barber examiners (IC 25-7-5-1).
(5) (4) State board of cosmetology and barber examiners
(IC 25-8-3-1).
(6) (5) State board of funeral and cemetery service (IC 25-15-9).
(7) (6) State board of registration for professional engineers and
land surveyors (IC 25-31-1-3).
(8) (7) Indiana plumbing commission (IC 25-28.5-1-3).
(9) (8) Indiana real estate commission (IC 25-34.1).
(10) (9) Real estate appraiser licensure and certification board
(IC 25-34.1-8-1).
(11) (10) Private investigator and security guard licensing board
(IC 25-30-1-5.2).
(12) State board of registration for land surveyors
(IC 25-21.5-2-1).
(13) (11) Manufactured home installer licensing board
(IC 25-23.7).
(14) Home inspectors licensing board (IC 25-20.2-3-1).
(15) (12) State board of massage therapy (IC 25-21.8-2-1).
(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).
(1) File a complaint with the attorney general, who shall investigate and may file:
(A) with notice; or
(B) without notice, if the attorney general determines that person is engaged in activities that may affect an individual's health or safety;
a motion for a cease and desist order with the appropriate board.
(2) Upon review of the attorney general's motion for a cease and desist order, the board may issue an order requiring the affected person to show cause why the person should not be
ordered to cease and desist from such activities. The show
cause order must set forth a time and place for a hearing at
which the affected person may appear and show cause as to
why the person should not be subject to licensing,
certification, or registration under this title.
(b) If the board, after a hearing, determines that the activities
in which the person is engaged are subject to licensing,
certification, or registration under this title, the board may issue
a cease and desist order that must describe the person and
activities that are the subject of the order.
(c) A hearing conducted under this section must comply with the
requirements under IC 4-21.5.
(d) A cease and desist order issued under this section is
enforceable in the circuit or superior courts. A person who is
enjoined under a cease and desist order and who violates the order
shall be punished for contempt of court.
(e) A cease and desist order issued under this section does not
relieve any person from criminal prosecution.
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects (IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects
(IC 25-4-1-2).
(3) Indiana athletic trainers board (IC 25-5.1-2-1).
(4) Indiana auctioneer commission (IC 25-6.1-2-1).
(5) State board of barber examiners (IC 25-7-5-1).
(6) State boxing commission (IC 25-9-1).
(7) (5) Board of chiropractic examiners (IC 25-10-1).
(8) (6) State board of cosmetology and barber examiners
(IC 25-8-3-1).
(9) (7) State board of dentistry (IC 25-14-1).
(10) (8) Indiana dietitians certification board (IC 25-14.5-2-1).
(11) (9) State board of registration for professional engineers and
land surveyors (IC 25-31-1-3).
(12) Board of environmental health specialists (IC 25-32-1).
(13) (10) State board of funeral and cemetery service
(IC 25-15-9).
(14) (11) Indiana state board of health facility administrators
(IC 25-19-1).
(15) Committee of hearing aid dealer examiners (IC 25-20-1-1.5).
(16) Home inspectors licensing board (IC 25-20.2-3-1).
(17) Indiana hypnotist committee (IC 25-20.5-1-7).
(18) State board of registration for land surveyors
(IC 25-21.5-2-1).
(19) (12) Manufactured home installer licensing board
(IC 25-23.7).
(20) (13) Medical licensing board of Indiana (IC 25-22.5-2).
(21) (14) Indiana state board of nursing (IC 25-23-1).
(22) (15) Occupational therapy committee (IC 25-23.5).
(23) (16) Indiana optometry board (IC 25-24).
(24) (17) Indiana board of pharmacy (IC 25-26).
(25) (18) Indiana physical therapy committee (IC 25-27).
(26) (19) Physician assistant committee (IC 25-27.5).
(27) (20) Indiana plumbing commission (IC 25-28.5-1-3).
(28) (21) Board of podiatric medicine (IC 25-29-2-1).
(29) (22) Private investigator and security guard licensing board
(IC 25-30-1-5.2).
(30) (23) State psychology board (IC 25-33).
(31) (24) Indiana real estate commission (IC 25-34.1-2).
(32) (25) Real estate appraiser licensure and certification board
(IC 25-34.1-8).
(33) (26) Respiratory care committee (IC 25-34.5).
(34) Social worker, marriage and family therapist, and mental
health counselor (27) Behavioral health and human services
licensing board (IC 25-23.6).
(35) (28) Speech-language pathology, and audiology, and
hearing aid dealer board (IC 25-35.6-2).
(36) (29) Indiana board of veterinary medical examiners
(IC 25-38.1).
(37) (30) State board of massage therapy (IC 25-21.8-2-1).
(b) This section does not apply to a license, certificate, or
registration that has been revoked or suspended.
(c) Notwithstanding any other law regarding the reinstatement of a
delinquent or lapsed license, certificate, or registration and except as
provided in section 8 of this chapter, the holder of a license, certificate,
or registration that was issued by the board that is three (3) years or less
delinquent must be reinstated upon meeting the following
requirements:
(1) Submission of the holder's completed renewal application.
(2) Payment of the current renewal fee established by the board
under section 2 of this chapter.
(3) Payment of a reinstatement fee established by the Indiana
professional licensing agency.
(4) If a law requires the holder to complete continuing education
as a condition of renewal, the holder:
(A) shall provide the board with a sworn statement, signed by
the holder, that the holder has fulfilled the continuing
education requirements required by the board; or
(B) shall, if the holder has not complied with the continuing
education requirements, meet any requirements imposed under
IC 25-1-4-5 and IC 25-1-4-6.
(d) Notwithstanding any other law regarding the reinstatement of a
delinquent or lapsed license, certificate, or registration and except as
provided in section 8 of this chapter, unless a statute specifically does
not allow a license, certificate, or registration to be reinstated if it has
lapsed for more than three (3) years, the holder of a license, certificate,
or registration that was issued by the board that is more than three (3)
years delinquent must be reinstated upon meeting the following
requirements:
(1) Submission of the holder's completed renewal application.
(2) Payment of the current renewal fee established by the board
under section 2 of this chapter.
(3) Payment of a reinstatement fee equal to the current initial
application fee.
(4) If a law requires the holder to complete continuing education
as a condition of renewal, the holder:
(A) shall provide the board with a sworn statement, signed by the holder, that the holder has fulfilled the continuing education requirements required by the board; or
(B) shall, if the holder has not complied with the continuing education requirements, meet any requirements imposed under IC 25-1-4-5 and IC 25-1-4-6.
(5) Complete such remediation and additional training as deemed appropriate by the board given the lapse of time involved.
(6) Any other requirement that is provided for in statute or rule that is not related to fees.
(1) Board of chiropractic examiners (IC 25-10-1).
(2) State board of dentistry (IC 25-14-1).
(3) Indiana state board of health facility administrators (IC 25-19-1).
(4) Medical licensing board of Indiana (IC 25-22.5-2).
(5) Indiana state board of nursing (IC 25-23-1).
(6) Indiana optometry board (IC 25-24).
(7) Indiana board of pharmacy (IC 25-26).
(8) Board of podiatric medicine (IC 25-29-2-1).
before issuing a license.
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects (IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2).
Chapter 16. Evaluation of Regulated Occupations
Sec. 1. As used in this chapter, "agency" refers to the Indiana professional licensing agency.
Sec. 2. As used in this chapter, "board" means an entity that regulates a specific regulated occupation.
Sec. 3. As used in this chapter, "committee" means the regulated occupations evaluation committee established by section 6 of this chapter.
Sec. 4. As used in this chapter, "license" means:
(1) an unlimited license, certificate, or registration;
(2) a limited or probationary license, certificate, or registration;
(3) a temporary license, certificate, registration, or permit;
(4) an intern permit; or
(5) a provisional license;
issued by the board regulating the regulated occupation in question.
Sec. 5. As used in this chapter, "regulated occupation" has the meaning set forth in IC 25-1-7-1.
Sec. 6. The regulated occupations evaluation committee is established.
Sec. 7. (a) The committee consists of the following individuals:
(1) The dean of the Indiana University School of Public and Environmental Affairs or the dean's designee. The dean or the dean's designee shall serve as chairperson of the committee.
(2) The director of the agency or the director's designee.
(3) The attorney general or the attorney general's designee.
(4) Two (2) individuals appointed by the governor who are licensed in a regulated occupation.
(5) Two (2) individuals appointed by the governor who are not licensed in a regulated occupation.
(b) The term of a member appointed under subsection (a)(4) or (a)(5) is three (3) years.
Sec. 8. (a) The committee shall review and evaluate each regulated occupation. The review and evaluation must include the following:
(1) The functions, powers, and duties of the regulated occupation and the board, including any functions, powers, or duties that are inconsistent with current or projected practice of the occupation.
(2) An assessment of the management efficiency of the board.
(3) An assessment of the regulated occupation's and the board's ability to meet the objectives of the general assembly in licensing the regulated occupation.
(4) Any other criteria identified by the committee.
(b) The committee shall prepare a report concerning each regulated occupation that the committee reviews and evaluates. The report must contain the following:
(1) The number of individuals who are licensed in the regulated occupation.
(2) A summary of the board's functions and actions.
(3) The budget and other fiscal factors of regulating the regulated occupation.
(4) An assessment of the effect of the regulated occupation on
the state's economy, including consumers and businesses.
(5) Any recommendations for legislation, including whether
a regulated occupation should be modified, combined with
another board, or terminated.
(6) Any recommendations for administrative changes.
Sec. 9. (a) The board shall cooperate with the committee, as the
committee determines is necessary for its review and evaluation.
(b) The committee shall allow testimony concerning each
regulated occupation that is being reviewed and evaluated.
Sec. 10. The committee shall establish a schedule to review and
evaluate each regulated occupation. Each regulated occupation
must be reviewed and evaluated at least every seven (7) years.
Sec. 11. (a) The agency shall provide staff and administrative
support to the committee.
(b) The committee may hire, with approval of the director of the
agency, an individual to assist the committee.
(c) The expenditures of the committee shall be paid from
appropriations to the agency.
Sec. 12. (a) Each member of the committee who is not a state
employee is entitled to reimbursement for traveling expenses as
provided under IC 4-13-1-4 and other expenses actually incurred
in connection with the member's duties as provided in the state
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
(b) Each member of the committee who is a state employee is
entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
Sec. 13. The committee shall submit a report to the:
(1) governor;
(2) health finance commission; and
(3) legislative services agency;
not later than July 1 of each year. The report submitted to the
legislative services agency must be in an electronic format under
IC 5-14-6.
(1) the board shall direct that a complaint be issued under
IC 25-2.1-7-7, if the subject of the investigation is a licensee; and
(2) the board shall take appropriate action under IC 25-2.1-13, IC
25-1-7-14, if the subject of the investigation is not a licensee.
(b) If the board does not proceed under subsection (a), the board
shall close the matter and may release the information only with the
consent of the individual or firm that was under investigation.
(1) renders or offers to render services to the public, if the words "landscape architecture" or "registered landscape architecture" are used to describe these services;
(2) uses the title "registered landscape architect" or "landscape architect"; or
(3) engages in the practice of landscape architecture described in section 1 of this chapter;
without a current registration issued under this chapter commits a Class B infraction. A person who affixes a registered landscape architect's seal to a plan, specification, or drawing that has not been prepared by a currently registered landscape architect or under the immediate supervision of a currently registered landscape architect commits a Class B infraction.
(b) Each day a violation described in this section continues to occur constitutes a separate offense.
(1) Cutting, trimming, styling, arranging, dressing, curling, permanent waving, cleansing, bleaching, tinting, coloring, or similarly treating hair.
(2) Shaving or trimming beards and mustaches.
(3) Applying oils, creams, antiseptics, clays, powders, lotions, or other preparations, either by hand or by mechanical appliances, in the performance of facial or scalp massage.
(b) "Barbering" does not include performing any of the acts described in subsection (a) when done:
(1) in treating illness or disease;
(2) as a student in a barber school that complies with the notice requirements set forth in IC 25-8-6.3; or
(3) without compensation.
(1) A cosmetologist licensed under IC 25-8-9.
(2) An electrologist licensed under IC 25-8-10.
(3) A manicurist licensed under IC 25-8-11.
(4) An esthetician licensed under IC 25-8-12.5.
(5) An instructor licensed under IC 25-8-6.
(6) A barber licensed under IC 25-8-12.1.
(1) licensed under IC 25-8-6 to teach in a cosmetology school; or
(2) licensed under IC 25-8-6.4 to teach in a barber school.
(b)
(1) Two (2) of the members
(A) possess a current cosmetologist license; and
(B) have practiced cosmetology
(2) Two (2) of the members of the board must:
(A) possess a current barber license; and
(B) have practiced barbering in Indiana continuously for at least five (5) years immediately before appointment.
(4) One (1) of the members must be licensed as an electrologist, an esthetician, or a manicurist.
(5) One (1) of the members must not have any association with cosmetology or barbering, except as a consumer.
(1) prescribe sanitary requirements for:
(A) cosmetology salons;
(B) electrology salons;
(C) esthetic salons;
(D) manicuring salons;
(E) cosmetology schools;
(F) barber shops; and
(G) barber schools;
(2) establish standards for the practice of cosmetology and the operation of:
(A) cosmetology salons;
(B) electrology salons;
(C) esthetic salons;
(D) manicuring salons;
(E) cosmetology schools;
(F) barber shops; and
(G) barber schools;
(3) implement the licensing system under this article and provide for a staggered renewal system for licenses; and
(4) establish requirements for cosmetology school uniforms for students and instructors.
(b) The board may adopt rules under IC 4-22-2 to establish the following for the practice of cosmetology, barbering, electrology, esthetics, or manicuring in a mobile salon:
(1) Sanitation standards.
(2) Safety requirements.
(3) Permanent address requirements at which the following are located:
(A) Records of appointments.
(B) License numbers of employees.
(C) If applicable, the vehicle identification number of the license holder's self-contained facility.
(4) Enforcement actions to ensure compliance with the requirements under this article and all local laws and ordinances.
(1) a cosmetology salon;
(2) an electrology salon;
(3) an esthetic salon;
(4) a manicuring salon;
(5) a cosmetology school;
(6) a barber shop; or
(7) a barber school;
with a copy of the rules concerning sanitary requirements described in section
(1) a cosmetology salon;
(2) an electrology salon;
(3) an esthetic salon;
(4) a manicuring salon;
(5) a cosmetology school;
(6) a barber shop; or
(7) a barber school;
shall post the rules described in section 26 of this chapter in a conspicuous place in that salon or school.
(1) a cosmetology salon;
(2) an electrology salon;
(3) an esthetic salon;
(4) a manicuring salon;
(5) a cosmetology school;
(6) a mobile salon;
(7) a barber shop; or
(8) a barber school;
during its regular business hours.
(b) A member of the board or any inspector or investigator may inspect:
(1) a cosmetology salon;
(2) an electrology salon;
(3) an esthetic salon;
(4) a manicuring salon;
(5) a cosmetology school;
(6) a mobile salon;
(7) a barber shop; or
(8) a barber school;
before an initial license is issued.
(1) admission to barber school; or
(2) a license as a registered barber.
(b) A person who graduates from a barber school operated by a penal institution may not have the person's license denied or revoked as a result of the acts for which the person was convicted.
(1)
(2) commissioned medical or surgical officer of the United States armed forces;
(3) chiropractor (as defined by IC 25-10-1-1(2));
(4) embalmer (as defined by IC 25-15-2-8);
(5) funeral director (as defined by IC 25-15-2-12);
(6) registered nurse (as defined by IC 25-23-1-1.1(a));
(7) licensed practical nurse (as defined by IC 25-23-1-1.2);
(8) physician (as defined by IC 25-22.5-1-1.1(g));
(9) podiatrist (as defined by IC 25-29-1-13);
(10) person conducting an educational activity involving cosmetology at a scheduled meeting of an association that:
(A) recognizes a group of its members as cosmetologists; and
(B) is not open to persons who are not licensed under this chapter; or
(11) student in a cosmetology school.
(1) a person possesses a valid license from another jurisdiction to perform acts that require a license under this article; and
(2) the jurisdiction issuing the license imposes substantially equal requirements on applicants for the license as are imposed on applicants for an Indiana license;
the board may issue a license to perform those acts in Indiana to that person upon payment of the fee required under IC 25-8-13.
(b) This subsection applies only to applications for a cosmetologist license under IC 25-8-9. If the jurisdiction issuing the license does not impose substantially equal requirements for education hours as required under subsection (a)(2), the board may approve the combination of education hours plus actual licensed practice in the other jurisdiction when issuing a license to a person from that jurisdiction. One (1) year of licensed practice is equal to one hundred (100) hours of education to an applicant who has completed a minimum of one thousand (1,000) hours of education.
(c) This subsection applies only to applications for a manicurist license under IC 25-8-11. If the jurisdiction issuing a license does not impose substantially equal requirements for education hours as required under subsection (a)(2), the board may approve the combination of education hours plus actual licensed practice in the other jurisdiction when issuing a license to a person from that jurisdiction, as follows:
(1) For an applicant with less than twenty (20) years of actual licensed practice as a manicurist, one (1) year of licensed practice is equal to one hundred (100) hours of education to an applicant who has completed at least three hundred (300) hours of education.
(2) For an applicant with twenty (20) or more years of actual licensed practice as a manicurist, one (1) year of licensed practice is equal to one hundred (100) hours of education to an applicant who has completed at least one hundred (100) hours of education.
(d) This subsection applies only to applications for an electrologist license under IC 25-8-10. If the jurisdiction issuing a license does not impose substantially equal requirements for education hours as required under subsection (a)(2), the board may approve the combination of education hours plus actual licensed practice in the other jurisdiction when issuing a license to a person from that jurisdiction. One (1) year of licensed practice as an electrologist is equal to one hundred (100) hours of education to an applicant who has completed at least two hundred (200) hours of education.
(e) This subsection applies only to applications for an esthetician license under IC 25-8-12.5. If the jurisdiction issuing a license does not impose substantially equal requirements for education hours as required under subsection (a)(2), the board may approve the combination of education hours plus actual licensed practice in the other jurisdiction when issuing a license to a person from that jurisdiction. One (1) year of licensed practice as an esthetician is equal to one hundred (100) hours of education to an applicant who has completed at least four hundred (400) hours of education.
(f) This subsection applies only to applications for a beauty culture instructor license under IC 25-8-6. If the jurisdiction issuing a license does not impose substantially equal requirements for education hours as required under subsection (a)(2), the board may approve the combination of education hours plus actual licensed practice in the other jurisdiction when issuing a license to a person from that jurisdiction. One (1) year of licensed practice as a beauty culture instructor is equal to one hundred (100) hours of education to an
applicant who has completed at least seven hundred (700) hours of
education.
(g) This subsection applies only to applications for a barber
license under IC 25-8-12.1. If the jurisdiction issuing the license
does not impose substantially equivalent requirements as required
under subsection (a)(2), the board may approve a combination of
education hours plus actual licensed practice in the other
jurisdiction when issuing a license to a person from that
jurisdiction. One (1) year of licensed practice is equal to one
hundred (100) hours of education to an applicant who has
completed at least one thousand (1,000) hours of education.
(1) the license is a cosmetology salon or barber shop license; and
(2) the person holding the license was required to change the location of the cosmetology salon or barber shop by circumstances that the board determines were beyond the control of that person.
(b) The board shall conduct a written examination of the applicants for a cosmetologist license and a barber license at least once each month. The board shall conduct a written examination of the applicants for all other licenses issued under this article at least four (4) times each year. The written examinations described in this section:
(1) shall be conducted at the times and places determined by the board; and
(2) may be administered through computer based testing.
(1) a practical demonstration of the acts permitted by the license; and
(2) a written test concerning the licensed activity, as it is customarily taught in a cosmetology school or barber school.
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 11. A person who holds
a cosmetology school license or a barber school license shall display
a sign that complies with standards prescribed by the board on the
premises of that establishment indicating that the establishment is a
cosmetology school or barber school licensed under this article.
(b) A license issued to an instructor under IC 25-8-6-1 or IC 25-8-6.4 expires at the time that the instructor's practitioner license expires. The board shall renew an instructor's license under this subsection concurrently with the instructor's practitioner license.
(c) Except as provided in IC 25-8-9-11, a person who holds a license under this article may apply for renewal.
(d) Initial provisional licenses are valid for a length of time determined by the board, but not to exceed two (2) years.
Chapter 6.3. Barber School Licenses
Sec. 1. The board may issue a license under this article to operate a barber school.
Sec. 2. A person must file a verified application with the board on a form prescribed by the board to obtain a barber school license.
Sec. 3. The application described in section 2 of this chapter must state that:
(1) the proposed school will require students to successfully complete at least one thousand five hundred (1,500) hours of course work as a requirement for graduation;
(2) not more than ten (10) hours of course work may be taken by a student during one (1) day;
(3) the course work will provide instruction to students in all theories and practical applications of barbering, including:
(A) the scientific fundamentals for barbering, hygiene, and bacteriology;
(B) the histology of hair, skin, muscles, and nerves;
(C) the structure of the head, face, and neck;
(D) elementary chemistry relating to sterilization and antiseptics;
(E) cutting, shaving, arranging, dressing, coloring, bleaching, tinting, and permanent waving of the hair; and
(F) at least ten (10) hours of study on skin and diseases of the skin under a certified dermatologist;
(4) the school will provide one (1) instructor for each group of twenty (20) or fewer students;
(5) the school will be operated under the personal supervision of a licensed barber instructor;
(6) the applicant has obtained:
(A) a building permit;
(B) a certificate of occupancy; or
(C) any other planning approval required under IC 22-15-3 and IC 36-7-4;
required to operate the school;
(7) the school, if located in the same building as a residence, will:
(A) be separated from the residence by a substantial floor to ceiling partition; and
(B) have a separate entrance;
(8) as a requirement for graduation, the proposed school must:
(A) administer; and
(B) require a student to pass;
a final practical demonstration examination of the acts permitted by the license; and
(9) the applicant has paid the fee set forth in IC 25-8-13.
Sec. 4. (a) A barber school licensed under this chapter shall require each student for graduation to pass a final examination that tests the student's practical knowledge of the curriculum studied.
(b) The board shall consider an applicant for the barbering professional examination as fulfilling the practical examination
requirement established in IC 25-8-4-7 after successfully
completing the final practical demonstration examination.
(c) A passing score of at least seventy-five percent (75%) is
required on the final practical demonstration examination.
(d) A barber school licensed under this chapter shall allow each
student for graduation at least three (3) attempts to pass the final
practical demonstration examination.
(e) The board may monitor the administration of the final
practical demonstration examination for any of the following
purposes:
(1) As a result of a complaint received.
(2) As part of random observations.
(3) To collect data.
Sec. 5. The board may adopt rules under IC 4-22-2 requiring
that the curriculum offered by a barber school licensed under this
chapter provide a minimum number of hours of instruction in each
of the subjects described in section 3(3) of this chapter.
Sec. 6. A barber school licensed under this chapter shall display
a sign:
(1) that complies with standards established by the board;
(2) at each entrance used by the school's customers; and
(3) that states that students perform barbering in the
establishment.
Chapter 6.4. Barber Instructor Licenses
Sec. 1. The board may license a person to be an instructor.
Sec. 2. A person must file a verified application with the board on a form prescribed by the board to obtain an instructor license.
Sec. 3. The application described in section 2 of this chapter must state that the applicant:
(1) holds a barber license issued under this article;
(2) has graduated from high school or received a high school equivalency certificate;
(3) has successfully completed at least nine hundred (900) hours of instruction in the theory and practice of instructor training as a student in a barber school;
(4) has received a satisfactory grade of at least seventy-five percent (75%) on an examination for instructor license applicants prescribed by the board; and
(5) has paid the fee set forth in IC 25-8-13 for the issuance of
a license under this chapter.
Sec. 4. (a) If a person does not receive a satisfactory grade on
the examination described in IC 25-8-4-7, the person may repeat
the examination subject to the rules governing the examination
adopted by the board.
(b) If a person does not receive a satisfactory grade on the
examination described in subsection (a), the board may:
(1) refuse to permit the person to take the examination again;
or
(2) permit the person to take the examination again subject to
the rules governing the examination adopted by the board.
Chapter 8.1. Barber Shop Licenses
Sec. 1. The board may issue a license under this article to operate a barber shop.
Sec. 2. A person who wishes to obtain a barber shop license must:
(1) select a site for the barber shop that, if located in the same building as a residence:
(A) is separated from the residence by a substantial floor to ceiling partition; and
(B) has a separate entrance from the residence;
(2) obtain:
(A) a building permit;
(B) a certificate of occupancy; or
(C) any other approval action required under IC 22-15-3 and IC 36-7-4;
required to operate the barber shop;
(3) install furnishings and obtain shop equipment required under rules adopted by the board; and
(4) submit a verified statement on a form prescribed by the board that the barber shop will be under the personal supervision of a barber licensed under this article.
Sec. 3. The board may issue a license under this chapter if the applicant has:
(1) complied with section 2 of this chapter; and
(2) paid the fee for the license set forth in IC 25-8-13.
Sec. 4. A person holding a license issued under this chapter shall display a sign complying with standards prescribed by the board. The sign must:
(1) be clearly visible to a customer entering the establishment at the shop's main public entrance; and
(2) state in legible printing that the establishment is licensed as a barber shop.
Sec. 5. (a) If:
(1) the board cannot determine whether an applicant has complied with section 2 of this chapter at the time the application is filed; and
(2) the board determines that more than fifteen (15) days are required to determine if the applicant has complied with section 2 of this chapter;
the board shall issue a temporary barber shop license to the applicant.
(b) A temporary license issued under subsection (a) is valid until:
(1) the board approves or denies the application for a license under this chapter; or
(2) three (3) months after the issuance of the temporary license;
whichever occurs first.
Chapter 12.1. Barber Licenses
Sec. 1. The board may license a person to be a barber.
Sec. 2. A person must file a verified application with the board on a form prescribed by the board to obtain a barber license.
Sec. 3. The application described in section 2 of this chapter must state that the applicant:
(1) is either:
(A) at least eighteen (18) years of age; or
(B) at least seventeen (17) years of age and is a graduate of an accredited high school;
(2) has graduated from an approved barber school with not less than one thousand five hundred (1,500) hours of training;
(3) has received a satisfactory grade of at least seventy-five percent (75%) on an examination for barber license applicants prescribed by the board;
(4) has not committed an act that could subject the applicant to discipline under IC 25-1-11; and
(5) has paid the fee set forth in IC 25-8-13 for the issuance of a license under this chapter.
Sec. 4. (a) If a person does not receive a satisfactory grade on the examination described in IC 25-8-4-7, that person may repeat the examination subject to the rules governing the examination adopted by the board.
(b) If a person does not receive a satisfactory grade on the examination described in subsection (a), the board may:
(1) refuse to permit the person to take the examination again; or
(2) permit the person to take the examination again subject to the rules governing the examination adopted by the board.
Sec. 5. A person licensed under this chapter may not engage in barbering in a barber school except as part of student instruction.
Sec. 6. A person licensed under this chapter may not engage in barbering outside a barber shop unless the person:
(1) has the permission of a person who holds a barber shop license and:
(A) employs; or
(B) leases or subleases a part of a shop to;
the person licensed under this chapter; and
(2) complies with any other practice restrictions established by the board under this chapter.
Sec. 7. The board may issue a temporary work permit to practice barbering.
Sec. 8. A person must file a verified application with the board on a form prescribed by the board to obtain a temporary work permit.
Sec. 9. The application described in section 8 of this chapter must state that the applicant will practice barbering under the supervision of a barber, and:
(1) has filed an application under section 2 of this chapter, but has not taken the examination described in IC 25-8-4-7; or
(2) has filed an application under IC 25-8-4-2(g) and is awaiting board determination as described in IC 25-8-4-2(g).
Sec. 10. (a) Except when held by a barber applicant who has filed an application under IC 25-8-4-2(g), a work permit issued under section 7 of this chapter expires:
(1) three (3) months after the date of issuance; or
(2) thirty (30) days after the permit holder takes the examination described in IC 25-8-4-7;
whichever occurs first.
(b) A work permit held by a barber license applicant who has filed an application under IC 25-8-4-2(g) expires thirty (30) days
after board determination as described in IC 25-8-4-2(g).
Sec. 11. The board may not:
(1) renew or reinstate a work permit; or
(2) grant a person more than one (1) work permit;
issued under section 7 of this chapter.
Sec. 12. A person who:
(1) enters active military service of the United States or of this
state:
(A) in time of war or an emergency;
(B) for or during a period of training; or
(C) in connection with or under the operation of a system
of selective service; and
(2) at the time of entry holds a valid license as a registered
barber;
shall be granted a similar certificate of registration or license upon
presenting to the board an honorable discharge from military
service, dated not more than six (6) months before the time of the
presentation. The similar certificate or license shall be granted by
the board upon payment of a fee established by the board.
Sec. 13. (a) This section applies only to applications for a barber
license under this chapter.
(b) If an applicant comes from a jurisdiction that does not issue
a barber license, the board may issue an initial provisional license
to an applicant who meets the following requirements:
(1) The board finds that the applicant has sufficient training
or experience as a barber.
(2) The applicant has not committed an act that would
constitute a violation of the standards of practice under
IC 25-1-11.
(3) The applicant pays a fee established by the board under
IC 25-1-8.
(c) An applicant who has been granted an initial provisional
license must work under the supervision of a licensed barber.
(d) A person who holds an initial provisional license may apply
for renewal of a barber license under this article.
(e) The holder of a provisional license may petition the board
for the issuance of a barber license to practice without supervision.
The holder of a provisional license who demonstrates to the board
that the holder may satisfactorily practice without supervision
shall be released from terms of the provisional license and is
entitled to hold a license under this chapter.
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. The board may not
charge a fee for:
(1) transferring a cosmetology salon license under IC 25-8-4-4 or
barber shop license under IC 25-8-8.1; or
(2) issuing a temporary license to practice cosmetology under
IC 25-8-7-6 or a temporary work permit to practice barbering
under IC 25-8-12.1-7.
(b) The board shall charge a fee established under IC 25-1-8-6 for reinstating a cosmetology school or barber school license.
(b) The board shall charge a fee established under IC 25-1-8-6 for reinstating an instructor license.
(1) a cosmetology salon license;
(2) an electrology salon license;
(3) an esthetic salon license;
(4) a manicurist salon license; or
(5) a barber shop license.
(b) The board shall charge a fee established under IC 25-1-8-6 for reinstating:
(1) a cosmetology salon license;
(2) an electrology salon license;
(3) an esthetic salon license;
(4) a manicurist salon license; or
(5) a barber shop license.
fees under IC 25-1-8-2 for providing an examination to an
applicant for a barber license.
(b) The board shall establish fees under IC 25-1-8-2 for issuing
or renewing a barber license.
(c) The board shall charge a fee established under IC 25-1-8-6
for reinstating a barber license.
(d) The board shall charge a fee established by the board under
IC 25-1-8-2 for issuing a license to a person who holds a barber
license from another jurisdiction that meets the requirements
under IC 25-8-4-2.
(1) is a cosmetologist, a manicurist, an electrologist, an esthetician, a barber, or an instructor; and
(2) knowingly performs any act authorized by a license issued under this article while the person has an infectious, a contagious, or a communicable disease that has been epidemiologically demonstrated to be transmitted through casual contact;
commits a Class C infraction.
(b) A person who knowingly attends a cosmetology school or a barber school as a student while the person has an infectious, a contagious, or a communicable disease that has been epidemiologically demonstrated to be transmitted through casual contact commits a Class C infraction.
(b) A person may manually manipulate, manually adjust, or manually mobilize the spinal column or the vertebral column of an individual only if the person is:
(1) a chiropractor who has been issued a license under this chapter;
(2) a physician who has been issued an unlimited license to practice medicine under IC 25-22.5; or
(3) an osteopathic physician who has been issued a license to practice osteopathic medicine under IC 25-22.5.
(c) A person may not delegate the manual manipulation, manual adjustment, or manual mobilization of the spinal column or the vertebral column of an individual to another person, unless the other person is:
(1) licensed as a chiropractor under this chapter;
(2) licensed as a physician with an unlimited license to practice
medicine under IC 25-22.5;
(3) licensed as an osteopathic physician with a license to practice
osteopathic medicine under IC 25-22.5;
(4) a student in the final year of course work at an accredited
chiropractic school participating in a preceptorship program and
working under the direct supervision of a chiropractor licensed
under this chapter; or
(5) a graduate of a chiropractic school who holds a valid
temporary permit issued under section 5.5 of this chapter.
(d) If a violation of subsection (b) or (c) is being committed:
(1) the board in its own name;
(2) the board in the name of the state; or
(3) the prosecuting attorney of the county in which the violation
occurs, at the request of the board and in the name of the state;
may apply for an order enjoining the violation from the circuit court of
the county in which the violation occurs.
(e) Upon a showing that a person has violated subsection (b) or (c),
the court may grant without bond an injunction, a restraining order, or
other appropriate order.
(f) (e) This section does not apply to a physical therapist practicing
under IC 25-27. However, a physical therapist may not practice
chiropractic (as defined in IC 25-10-1-1) or medicine (as defined in
IC 25-22.5-1-1.1) unless licensed to do so.
under IC 25-1-7-14, may
(1) "Board"
(2) "Hearing aid"
(3) "Fit hearing aids"
(4) "Dispense hearing aids"
(5) "Hearing aid dealer"
(6) "Audiologist" means an individual holding a license to practice audiology issued under IC 25-35.6.
(7) "Registration"
(8) "Temporary Registration"
(1) is eighteen (18) years of age or older;
(2) if the applicant:
(A) is a high school graduate; or
(B) has a:
(i) high school equivalency certificate; or
(ii) state of Indiana general educational development (GED) diploma issued under IC 20-20-6;
(3) has not been convicted of:
(A) an act which would constitute a ground for disciplinary sanction under IC 25-1-9; or
(B) a crime that has a direct bearing on the applicant's ability
to practice competently;
(4) has passed the examination prepared by the committee and
given by the board to determine that the applicant has the
qualifications to properly fit hearing aids; and
(5) held a student hearing aid dealer certificate of registration
issued under section 5 of this chapter at the time the applicant
applied for a hearing aid dealer certificate of registration.
(b) Nothing in this section shall imply that the applicant shall possess the degree of medical competence normally expected by physicians.
(b) If the holder of a certificate does not renew the holder's hearing aid dealer certificate of registration on or before the date established by the licensing agency, the certificate expires without any action taken by the board.
(c) A holder of a hearing aid dealer certificate of registration that expires under this section may have the certificate reinstated by the
(d) A person who applies for reinstatement of a certificate of registration under this section more than three (3) years after the date the registration expires and becomes invalid may apply for
reinstatement by meeting the requirements for reinstatement under
IC 25-1-8-6(d).
(b) To renew a hearing aid dealer certificate of registration issued under this chapter, a registrant must complete at least twenty (20) hours of credit in continuing education courses.
(c) To satisfy the requirements of subsection (b), a registrant may use only credit hours earned in continuing education courses completed by the registrant:
(1) after the last date the registrant renewed a certificate under this chapter; or
(2) if the registrant is renewing a certificate for the first time, after the date the registrant was issued the certificate under this chapter.
(d) A registrant may receive credit only for completing continuing education courses that have been approved by the
(e) When a registrant renews a certificate issued under this chapter, the registrant must comply with IC 25-1-4-3.
(1) A report on any system or component inspected that, in the professional opinion of the inspector, is significantly deficient or near the end of the system or component's service life. A report under this subdivision must include the reason why the system or component is significantly deficient or near the end of the system or component's service life, unless the reason is self-evident.
(2) The inspector's recommendation to remedy or monitor a deficiency reported under subdivision (1).
(3) A list of any systems or components that were designated for inspection in the standards of performance adopted by the
(4) The reason a system or component listed under subdivision (3) was not inspected.
(5) A statement that the report does not address environmental hazards, including:
(A) lead-based paint;
(B) radon;
(C) asbestos;
(D) cockroaches;
(E) rodents;
(F) pesticides;
(G) treated lumber;
(H) mold;
(I) mercury;
(J) carbon monoxide; or
(K) other similar environmental hazards.
(6) A statement that the report does not address wood destroying insects and organisms.
(7) A statement that the report does not address subterranean systems or system components (operational or nonoperational), including:
(A) sewage disposal;
(B) water supply; or
(C) fuel storage or delivery.
(1) administer and enforce this article;
(2) adopt rules under IC 4-22-2 that are reasonably necessary or appropriate for the administration and enforcement of this article;
(3) prescribe the requirements for and the form of licenses, applications, and other documents that are required by this article;
(4) grant, deny, suspend, and revoke approval of examinations and courses of study;
(5) issue, deny, suspend, and revoke licenses in accordance with this article;
(6) in accordance with IC 25-1-7, investigate complaints concerning licensees or persons the
(7) bring actions in the name of the state in an appropriate circuit court in order to enforce compliance with this article or rules
adopted under this article;
(8) establish fees in accordance with IC 25-1-8;
(9) inspect the records of a licensee in accordance with rules
adopted by the board; commission;
(10) conduct or designate a member or other representative to
conduct public hearings on any matter for which a hearing is
required under this article and exercise all powers granted under
IC 4-21.5;
(11) adopt a seal containing the words "Indiana Home Inspectors
Licensing Board" Real Estate Commission" and, through the
board commission's secretary, certify copies and authenticate all
acts of the board commission;
(12) in accordance with IC 25-1-6:
(A) use counsel, consultants, and other persons;
(B) enter into contracts; and
(C) authorize expenditures;
that are reasonably necessary or appropriate to administer and
enforce this article and rules adopted under this article;
(13) establish continuing education requirements for licensed
home inspectors in accordance with IC 25-1-4;
(14) maintain the board's commission's office, files, records, and
property in the city of Indianapolis; and
(15) exercise all other powers specifically conferred on the board
commission by this article.
(1) standards for the competent performance of home inspections;
(2) a code of ethics for licensed home inspectors; and
(3) standards for home inspection reports prepared by licensed home inspectors.
(1) provide reasonable notice to
(2) keep a complete and accurate record of all:
(A) meetings;
(B) votes taken by the
(C) other proceedings, transactions, communications, official acts, and records of the
(3) keep a current file of all licenses and licensees; and
(4) perform any other duties assigned by the
(1) Furnish evidence satisfactory to the
(A) is at least eighteen (18) years of age;
(B) has graduated from high school or earned an Indiana general educational development (GED) diploma; and
(C) has not been:
(i) convicted of an act that would constitute a ground for disciplinary sanction under IC 25-1-11;
(ii) convicted of a crime that has a direct bearing on the individual's ability to perform competently and fully as a licensee;
(iii) listed on a national or state registry of sex or violent offenders; or
(iv) the subject of a disciplinary or enforcement action by another state or a local jurisdiction in connection with the performance of home inspections or the licensing or certification of home inspectors.
(2) Verify the information submitted on the application form.
(3) Complete a
(4) Submit to the
(A) is issued by an insurance company or other legal entity authorized to transact business in Indiana;
(B) provides for general liability coverage of at least one hundred thousand dollars ($100,000);
(C) lists the state as an additional insured;
(D) states that cancellation and nonrenewal of the underlying policy or other evidence of financial responsibility is not effective until the
(E) contains any other terms and conditions established by the
(5) Pay a licensing fee established by the
(b) An individual applying for a license as a home inspector must apply on a form prescribed and provided by the
(1) The other jurisdiction grants the same privileges to licensees of Indiana as Indiana grants to licensees of that other jurisdiction.
(2) The individual is licensed in the other jurisdiction.
(3) The licensing requirements of the other jurisdiction are substantially similar to the requirements of this article.
(4) The individual states that the individual has studied, is familiar with, and will abide by this article and the rules adopted by the
(b) An individual seeking a license as a home inspector under this section must:
(1) apply on a form prescribed and provided by the
(2) pay the applicable licensing fee established by the
(b) A nonresident applicant shall file with the
(1) the applicant agrees to the commencement of any action arising out of the conduct of the applicant's business in Indiana in the county in which the events giving rise to the cause of action occurred;
(2) the applicant:
(A) agrees to provide to the
(B) consents to the
(i) an agent's name and address have not been filed with the
(ii) the agent's name and address on file with the
(3) the applicant agrees that service of process in accordance with the Indiana Rules of Trial Procedure is proper service and subjects the applicant to the jurisdiction of Indiana courts.
(1) name;
(2) name under which the licensee conducts business; or
(3) business address.
(1) furnish evidence showing successful completion of the continuing education requirements of this chapter; and
(2) pay the renewal fee established by the
(b) If the holder of a license does not renew the license on or before the renewal date specified by the licensing agency, the license expires and becomes invalid without any action by the
(c) A license may be reinstated by the
(d) If a license has been expired for more than three (3) years, the license may be reinstated by the
concerning the continuing education required for the renewal of a
license under this chapter.
(b) The rules must do the following:
(1) Establish procedures for approving organizations that provide
continuing education.
(2) Prescribe the content, duration, and organization of continuing
education courses that contribute to the general competence of
home inspectors.
(1) impose a registration or licensing requirement; or
(2) charge a license, an employment, or another fee;
on individuals licensed under this article for activities defined in this article.
(1) Disclosing information concerning the results of a home inspection without the approval of a client or the client's legal representative, except under a court order.
(2) Accepting compensation for the same service from more than one (1) party without the consent of all interested parties.
(3) Accepting commissions or allowances, directly or indirectly, from other parties dealing with the licensee's client in connection with any repair work recommended in the licensee's home inspection report.
(4) Accepting compensation, directly or indirectly, from the licensee's client in connection with any repair work recommended in the licensee's home inspection report.
(5) Failing to disclose to a client information about a business interest of the licensee that may affect the client in connection with any work for which the licensee is responsible.
(6) Knowingly making a false or misleading representation about:
(A) the condition of a residential dwelling for which the licensee has performed or has contracted to perform a home inspection; or
(B) the extent of the services the licensee has performed or will perform.
(7) Committing a felony in the course of the practice of home
inspection or committing any act constituting a violation of
IC 25-20.2-5-2(a)(1)(C).
(8) Violating any provisions of this article or rules adopted by the
board commission under this article.
(9) Making a false or misleading representation:
(A) in a license or renewal application form; or
(B) in information provided to the board. commission.
(10) Failing to pay any fees or fines required by this article.
(11) Failing to continuously maintain the insurance or other
evidence of financial responsibility required by this article.
(12) Communicating to the public false or misleading information
about the type of license held by the licensee.
(13) Engaging in a course of lewd or immoral conduct in
connection with the delivery of services to clients.
(14) Failing to complete the continuing education requirements
established by the board. commission.
(1) performs or offers to perform home inspections for compensation without being licensed as a home inspector and without being exempt from licensing under law;
(2) presents as the individual's own the license of another;
(3) intentionally gives false or materially misleading information to the
(4) impersonates another licensee;
(5) uses an expired, a suspended, a revoked, or an otherwise restricted license; or
(6) otherwise violates this article;
commits a Class B infraction.
(b) When entering a judgment for an infraction under this section, the court shall add to any penalty imposed the amount of any fee or other compensation earned by the individual in the commission of the infraction.
(c) Each transaction involving activities defined by this article constitutes a separate violation of this section.
(1) Furnish satisfactory evidence to the board that the individual has:
(A) received a master's or doctor's degree in mental health counseling therapy or in a related area as determined by the board from an institution of higher education that meets the requirements under section 2 of this chapter or from a foreign school that has a program of study that meets the requirements under section 2(3)(A) or 2(3)(B) of this chapter; and
(B) completed the educational requirements under section 3 of this chapter.
(2) Furnish satisfactory evidence to the board that the individual does not have a conviction for a crime that has a direct bearing on the individual's ability to practice competently.
(3) Furnish satisfactory evidence to the board that the
individual has not been the subject of a disciplinary action by
a licensing or certification agency of another state or
jurisdiction on the grounds that the individual was not able to
practice as a mental health counselor associate without
endangering the public.
(4) Pay the fee established by the board.
(5) Pass an examination provided by the board.
(1) Complete sixty (60) semester hours of graduate course work in counseling that must include either a master's degree that required not less than forty-eight (48) semester hours or a doctor's degree in counseling. The graduate course work must include the following content areas:
(A) Human growth and development.
(B) Social and cultural foundations of counseling.
(C) Helping relationship, including counseling theory and practice.
(D) Group dynamics, processes, counseling, and consultation.
(E) Lifestyle and career development.
(F) Assessment and appraisal of individuals.
(G) Research and program evaluation.
(H) Professional orientation and ethics.
(I) Foundations of mental health counseling.
(J) Contextual dimensions of mental health counseling.
(K) Knowledge and skills for the practice of mental health counseling and psychotherapy.
(L) Clinical instruction.
(2) Not less than one (1) supervised clinical practicum, internship, or field experience in a counseling setting, which must include a minimum of one thousand (1,000) clock hours consisting of one (1) practicum of one hundred (100) hours, one (1) internship of six hundred (600) hours, and one (1) advanced internship of three hundred (300) hours with at least one hundred (100) hours of face to face supervision. This requirement may be met by a supervised practice experience that took place away from an eligible postsecondary educational institution but that is certified by an official of the eligible postsecondary educational institution as
being equivalent to a clinical mental health graduate level
practicum or internship program at an institution accredited by an
accrediting agency approved by the United States Department of
Education or the Association of Universities and Colleges of
Canada.
(1)
(2) section 2 of this chapter;
may take the examination provided by the board.
(1) achieves a passing score, as determined by the board, on the examination provided under this chapter; and
(2) is otherwise qualified under this article.
(b) An individual may renew a mental health counselor license by:
(1) paying a renewal fee on or before the expiration date of the license; and
(2) completing at least twenty (20) hours of continuing education per licensure year.
(c) If an individual fails to pay a renewal fee on or before the expiration date of a mental health counselor license, the license becomes invalid.
(b) An individual may renew a mental health counselor associate license two (2) times by:
(1) paying a renewal fee on or before the expiration date of the license; and
(2) completing at least twenty (20) hours of continuing education per licensure year.
(c) The board may renew a mental health counselor associate license for additional periods based on circumstances determined by the board.
(d) If an individual fails to pay a renewal fee on or before the expiration date of a mental health counselor associate license, the license becomes invalid.
(b) This section expires July 1, 2015.
(b) A person violates this chapter if the person is not exempt under section 5 of this chapter, does not have a private investigator firm license, and knowingly or intentionally:
(1) engages in the private investigator firm business;
(2) solicits or advertises for business as a private investigator firm; or
(3) in any way represents to be a private investigator firm.
(c) In addition to any other fine imposed on the person, the court shall fine the person convicted of an offense under subsection (b) the amount of compensation earned by the person in the commission of the offense. Notwithstanding IC 35-50-3-2, the total fine imposed under this section may exceed ten thousand dollars ($10,000) if necessary to comply with this subsection.
(d) Each transaction under subsection (b) constitutes a separate offense.
(e) A complaint for a violation of this chapter
(1) engages in business as a private investigator firm;
(2) solicited or advertised for business as a private investigator firm; or
(3) represented to be a private investigator firm;
without a private investigator firm license.
(f) A person who knowingly or intentionally fails or refuses to surrender a private investigator firm license issued under this chapter when the license is revoked by the board commits a Class A misdemeanor.
(b) A person who is not exempt under section 6 of this chapter, who does not have a security guard agency license, and who recklessly, knowingly, or intentionally:
(1) engages in business as a security guard agency;
(2) solicits or advertises for business as a security guard agency; or
(3) in any way represents to be a security guard agency;
commits a Class A misdemeanor.
(c) In addition to any other penalty imposed on the person, the court shall fine a person convicted of an offense under subsection (b) the amount of compensation earned by the person in the commission of the offense. Notwithstanding IC 35-50-3-2, the total fine imposed under this section may exceed ten thousand dollars ($10,000) if necessary to comply with this subsection.
(d) Each transaction under subsection (b) constitutes a separate offense.
(e) A complaint for a violation of this chapter
(1) engaged in business as a security guard agency;
(2) solicited or advertised for business as a security guard agency; or
(3) represented to be a security guard agency;
without a security guard agency license.
(f) A person who recklessly, knowingly, or intentionally fails or refuses to surrender a security guard agency license issued under this chapter when the license is revoked by action of the board commits a Class A misdemeanor.
(a) "Board" means the state board of registration for professional engineers and land surveyors.
(b) "Professional engineer" means an individual who, by reason of that individual's special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design which are acquired by education and practical experience, is qualified to engage in the practice of engineering as attested by that individual's registration as a professional engineer.
(c) "Engineering intern" means an individual who:
(1) is a graduate from an approved engineering curriculum of four (4) years or more or who has acquired, through engineering education and experience in engineering work, knowledge and skill approximating that obtained by graduation in an approved engineering curriculum of four (4) years or more;
(2) has successfully passed an examination as prescribed in section 14 of this chapter; and
(3) has been issued by the board an appropriate certificate of enrollment as an engineering intern.
(d) "Practice of engineering" means any service or creative work that the adequate performance of requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to services or creative work that includes the following:
(1) Consultation.
(2) Investigation.
(3) Evaluation.
(4) Planning, including planning the use of land and water.
(5) The design of or the supervision of the design of engineering works and systems.
(6) Engineering surveys and studies or the supervision of engineering surveys and studies, including all surveying activities required to support the sound conception, planning, design, construction, maintenance, and operation of engineered projects, but not including the surveying of real property for the establishment of land boundaries, subdivisions, rights-of-way, easements, and the dependent or independent surveys or resurveys of the public land survey system.
(7) Evaluation of construction for the purpose of assuring compliance with specifications, plans, and designs, in connection
with any public or private utilities, structures, buildings,
machines, equipment, processes, work systems, or projects.
The term "practice of engineering" does not include the work ordinarily
performed by persons who operate or maintain machinery or
equipment.
(e) "Approved engineering curriculum" means an engineering
curriculum of four (4) years or more that has been approved by the
board. In approving the engineering curriculum, the board may take
into consideration the standards of accreditation adopted by the
Accreditation Board for Engineering and Technology.
(f) "Practice or offer to practice engineering" means the act of an
individual or a business who by verbal claim, sign, advertisement,
letterhead, card, telephone listing, or in any other way represents the
individual or the business to be a professional engineer or who
performs, or offers to perform, any acts or work involving the practice
of engineering.
(g) "Licensing agency" means the Indiana professional licensing
agency established by IC 25-1-5-3.
(b) The board consists of seven (7) members.
(c) One (1) member of the board must be appointed to represent the general public who is:
(1) a resident of this state; and
(2) not associated with professional engineering or land surveying other than as a consumer.
(d) All members of the board shall be appointed by the governor.
(e)
(1) one (1) member from industry;
(2) one (1) member from government;
(3) one (1) member from education; and
(4)
(f) A person appointed as a professional engineer member of the board must:
(1) be a citizen of the United States;
(2) have been a resident of this state for a period of at least five (5) years immediately before the time of the member's
appointment;
(3) be registered as a professional engineer and must have been
engaged in the lawful practice of engineering for at least twelve
(12) years; and
(4) have been in responsible charge of engineering work or
engineering teaching for at least five (5) years.
(g) Two (2) members appointed to the board as registered land
surveyors must be engaged in the practice of land surveying. A
member appointed under this subsection must meet the following
conditions:
(1) Be a citizen of the United States.
(2) Have been a resident of Indiana for at least five (5) years
immediately before the member's appointment.
(3) Be registered in Indiana as a land surveyor.
(4) Have been engaged in the lawful practice of land surveying
for at least eight (8) years.
(5) Have been in charge of land surveying work or land
surveying teaching for at least five (5) years.
(h) Of the registered land surveyors appointed to the board
under subsection (g), one (1) must be engaged in the practice of
land surveying on a full-time basis, and one (1) must be engaged in
the practice of land surveying on a part-time basis.
(g) (i) Every member of the board shall be appointed for a term of
four (4) years and shall serve until the member's successor is appointed
and qualified.
(h) (j) Every member of the board shall receive a certificate of
appointment from the governor, and, before beginning the member's
term of office, file with the secretary of the board a written oath or
affirmation for the faithful discharge of the member's official duties.
(i) (k) The governor may remove any member of the board at any
time for incompetency, neglect of duty, or for unprofessional conduct.
(j) (l) Any vacancy which may occur in the membership of the
board, at any time, shall be filled by appointment by the governor for
the unexpired term.
(b) The commission consists of the following:
(1) Six (6) licensed real estate brokers from different geographic areas of the state who have been engaged in business as real estate brokers for at least five (5) years.
(2) Two (2) home inspectors who are licensed under IC 25-20.2.
(3)
A member
(c) Each member of the commission shall be appointed by the governor and shall serve a four (4) year term. If a successor has not been appointed, the current member shall serve until a successor is appointed and qualified. If a vacancy occurs on the commission, the governor shall appoint an individual to serve the unexpired term of the previous member and until a successor is appointed and qualified.
(d) A member of the commission may not hold a state or federal elective office.
(b) A majority of the current members of the commission constitutes a quorum at a meeting for the purpose of transacting business. A majority vote of all members present at a meeting is necessary to bind the commission.
(c) Any action required or permitted to be taken at a meeting of the commission may be taken without a meeting if, prior to that action:
(1) a written consent to the action, either executed as a single document or in counterparts, is signed by all members of the commission; or
(2) all members orally consent to the action and subsequently confirm that consent in writing.
The written consent or confirmation shall set forth the action under consideration and shall be filed with the minutes of the meetings which are kept by the executive director. A written consent or a confirmed
oral consent shall be treated for all purposes as a unanimous vote of the
members and as though the vote had taken place at a regular meeting
of the commission.
(1) performs the acts of a salesperson without a salesperson license;
(2) performs the acts of a broker without a broker license; or
(3) conducts, or solicits or accepts enrollment of students for, a course as prescribed in IC 25-34.1-3 without course approval;
commits a Class A infraction. Upon conviction for an offense under this section, the court shall add to any fine imposed the amount of any fee or other compensation earned in the commission of the offense. Each transaction constitutes a separate offense.
(b) In all actions for the collection of a fee or other compensation for performing acts regulated by this article, it must be alleged and proved that, at the time the cause of action arose, the party seeking relief was not in violation of this section.
students for, a broker or salesperson course without course approval.
(f) (c) Each enforcement procedure established in this section and
IC 25-1-7-14 is supplemental to other enforcement procedures
established in this section.
(1) performs:
(A) the acts of a licensed real estate appraiser without a license; or
(B) the acts of a certified real estate appraiser without a certificate; or
(2) conducts or solicits or accepts enrollment of students for a course without course approval as required by section 13 of this chapter;
commits a Class B infraction. When a judgment is entered for an offense under this section, the court shall add to any fine imposed the amount of any fee or other compensation earned in the commission of the offense. Each transaction constitutes a separate offense.
(b) In all actions for the collection of a fee or other compensation for performing acts regulated by this article, a party seeking relief must allege and prove that at the time the cause of action arose the party was not in violation of this section.
any other penalty imposed for a violation of this chapter, the board
may, in the name of the state of Indiana through the attorney general,
petition a circuit or superior court to enjoin the person who is violating
this chapter from practicing respiratory care in violation of this chapter.
(b) As used in this article, "person" means any individual, organization, or corporate body, except that only an individual may be licensed under this article.
(c) As used in this article, "speech-language pathologist" means an individual who practices speech-language pathology and who presents himself or herself to the public by any title or description of services incorporating the words speech pathologist, speech-language pathologist, speech therapist, speech-language specialist, teacher of communication disorders, speech correctionist, speech clinician, language pathologist, language therapist, logopedist, communicologist, voice therapist, voice pathologist, or any similar title or description of service.
(d) As used in this article, "speech-language pathology" means the application of nonmedical and nonsurgical principles, methods, and procedures for the following:
(1) The prevention, evaluation, habilitation, rehabilitation, instruction, and research of communication and swallowing disorders.
(2) The elective modification of communication behaviors.
(3) The enhancement of communication, including the use of augmentative or alternate communication strategies.
(e) As used in this article, "audiologist" means an individual who practices audiology and who presents himself or herself to the public by any title or description of services incorporating the words audiologist, hearing clinician, hearing therapist, hearing specialist, audiometrist, vestibular specialist, or any similar title or description of service.
(f) As used in this article, "audiology" means the application of nonmedical and nonsurgical principles, methods, and procedures of prevention, evaluation, habilitation, rehabilitation, instruction, and research of disorders of hearing, auditory function, and vestibular function.
(g) As used in this article, "support personnel" means individuals
who meet the qualifications which the board shall establish for the
following:
(1) Speech-language pathology aide.
(2) Speech-language pathology associate.
(3) Speech-language pathology assistant.
(h) As used in this article, "audiology assistant" means an individual
who:
(1) is not licensed as an audiologist under this article;
(2) meets qualifications which the board may establish; and
(3) provides specific services under the direction and supervision
of a licensed audiologist.
(i) As used in this article, "clinical fellowship" means a supervised
professional experience.
(j) As used in this article, "direct supervision" means onsite
observation and guidance while an assigned evaluation or therapeutic
activity is being performed.
(b) The board
(1) The members
(2) Two (2)
(3) Two (2)
(4) Two (2) members must be registered under IC 25-20-1 as hearing aid dealers.
(5) One (1) member
a consumer. Except for the member representing the general
public, all board members shall at all times be holders of active
and valid licenses for the practice of speech-language pathology
or audiology in this state.
(c) The governor shall also appoint one (1) nonvoting advisor, who
must be a licensed physician and board certified in otolaryngology, to
serve a four (4) year term of office on the board.
(d) Appointments shall be under subsection (b) are for three (3)
year terms, with no person being eligible to serve more than two (2)
full consecutive terms. Terms shall begin on the first day of the
calendar year and end on the last day of the calendar year, except for
the first appointed members, who shall serve through the last calendar
day of the year in which they are appointed before commencing the
terms prescribed by this subsection. Any member of the board may
serve until the member's successor is appointed and qualified under this
chapter.
(e) The governor may consider, but shall not be bound to accept,
recommendations for board membership made by a statewide
association for speech-language and hearing. A statewide association
for speech-language and hearing may submit to the governor its
recommendations for board membership not less than sixty (60) days
before the end of each calendar year. In the event of a mid-term
vacancy, such association may make recommendations for filling such
vacancy.
(f) The board shall meet during the first month of each calendar year
to select a chairman and for other appropriate purposes. At least one (1)
additional meeting shall be held before the end of each calendar year.
Further meetings may be convened at the call of the chairman or the
written request of any two (2) board members. All meetings of the
board shall be open to the public, except that the board may hold closed
sessions to prepare, approve, grade, or administer examinations or,
upon request of an applicant who fails an examination, to prepare a
response indicating any reason for his failure. All meetings of the board
must be held in Indiana.
(g) Four (4) members of the board constitute a quorum. A majority
of the quorum may transact business.
(b) IC 35-48-7-11.1(n) (Concerning providing information to a
law enforcement agency based on a report from the Indiana
scheduled prescription electronic collection and tracking program).
(1) The actual or relative potential for abuse.
(2) The scientific evidence of its pharmacological effect, if known.
(3) The state of current scientific knowledge regarding the substance.
(4) The history and current pattern of abuse.
(5) The scope, duration, and significance of abuse.
(6) The risk to public health.
(7) The potential of the substance to produce psychic or physiological dependence liability.
(8) Whether the substance is an immediate precursor of a substance already controlled under this article.
(b) After considering the factors enumerated in subsection (a), the board shall make findings and recommendations concerning the control of the substance if it finds the substance has a potential for abuse.
(c) If the board finds that a substance is an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.
(d) If any substance is designated or rescheduled to a more restrictive schedule as a controlled substance under federal law and notice is given to the board, the board shall recommend similar control of the substance under this article in the board's report to the general assembly, unless the board objects to inclusion or rescheduling. In that case, the board shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the board shall publish its findings.
(e) If a substance is rescheduled to a less restrictive schedule or deleted as a controlled substance under federal law, the substance is rescheduled or deleted under this article. If the board objects to inclusion, rescheduling, or deletion of the substance, the board shall notify the chairman of the legislative council not more than thirty (30)
days after the federal law is changed and the substance may not be
rescheduled or deleted until the conclusion of the next complete
session of the general assembly. The notice from the board to the
chairman of the legislative council must be published.
(f) There is established a sixteen (16) member controlled substances
advisory committee to serve as a consultative and advising body to the
board in all matters relating to the classification, reclassification,
addition to, or deletion from of all substances classified as controlled
substances in schedules I to IV or substances not controlled or yet to
come into being. In addition, The advisory committee board shall
conduct hearings and make recommendations to the board regarding
revocations, suspensions, and restrictions of registrations as provided
in IC 35-48-3-4. All hearings shall be conducted in accordance with
IC 4-21.5-3. The advisory committee shall be made up of:
(1) two (2) physicians licensed under IC 25-22.5, one (1) to be
elected by the medical licensing board of Indiana from among its
members and one (1) to be appointed by the governor;
(2) two (2) pharmacists, one (1) to be elected by the state board
of pharmacy from among its members and one (1) to be appointed
by the governor;
(3) two (2) dentists, one (1) to be elected by the state board of
dentistry from among its members and one (1) to be appointed by
the governor;
(4) the state toxicologist or the designee of the state toxicologist;
(5) two (2) veterinarians, one (1) to be elected by the state board
of veterinary medical examiners from among its members and one
(1) to be appointed by the governor;
(6) one (1) podiatrist to be elected by the board of podiatric
medicine from among its members;
(7) one (1) advanced practice nurse with authority to prescribe
legend drugs as provided by IC 25-23-1-19.5 who is:
(A) elected by the state board of nursing from among the
board's members; or
(B) if a board member does not meet the requirements under
IC 25-23-1-19.5 at the time of the vacancy on the advisory
committee, appointed by the governor;
(8) the superintendent of the state police department or the
superintendent's designee;
(9) three (3) members appointed by the governor who have
demonstrated expertise concerning controlled substances; and
(10) one (1) member appointed by the governor who is a
psychiatrist with expertise in child and adolescent psychiatry.
(1) maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;
(2) compliance with applicable state and local law;
(3) any convictions of the applicant under any federal and state laws relating to any controlled substance;
(4) past experience in the manufacture or distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion;
(5) furnishing by the applicant of false or fraudulent material in any application filed under this article;
(6) suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense controlled substances as authorized by federal law; and
(7) any other factors relevant to and consistent with the public health and safety.
(b) Registration under subsection (a) of this section does not entitle
a registrant to manufacture and distribute controlled substances in
schedules I or II other than those specified in the registration.
(c) Practitioners must be registered to dispense any controlled
substances or to conduct research with controlled substances in
schedules II through V if they are authorized to dispense or conduct
research under the law of this state. The board need not require
separate registration under this chapter for practitioners engaging in
research with nonnarcotic controlled substances in schedules II through
V where the registrant is already registered under this chapter in
another capacity, to the extent authorized by his registration in that
other capacity.
(d) Registration to conduct research or instructional activities with
controlled substances in schedules I through V does not entitle a
registrant to conduct research or instructional activities with controlled
substances other than those approved by the controlled substances
advisory committee board in accordance with the registration.
(e) Compliance by manufacturers and distributors with the
provisions of the federal law respecting registration (excluding fees)
entitles them to be registered under this article.
(1) has furnished false or fraudulent material information in any application filed under this article;
(2) has violated any state or federal law relating to any controlled substance;
(3) has had
(4) has failed to maintain reasonable controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels.
(b) The board may limit revocation or suspension of a registration or the denial of an application for registration or reregistration to the particular controlled substance with respect to which grounds for revocation, suspension, or denial exist.
(c) If the board suspends or revokes a registration or denies an
application for reregistration, all controlled substances owned or
possessed by the registrant at the time of suspension or the effective
date of the revocation or denial order may be placed under seal. The
board may require the removal of such substances from the premises.
No disposition may be made of substances under seal until the time for
taking an appeal has elapsed or until all appeals have been concluded
unless a court, upon application therefor, orders the sale of perishable
substances and the deposit of the proceeds of the sale with the court.
Upon a revocation or denial order becoming final, all controlled
substances may be forfeited to the state.
(d) The board shall promptly notify the drug enforcement
administration of all orders suspending or revoking registration, all
orders denying any application for registration or reregistration, and all
forfeitures of controlled substances.
(e) If the Drug Enforcement Administration terminates, denies,
suspends, or revokes a federal registration for the manufacture,
distribution, or dispensing of controlled substances, a registration
issued by the board under this chapter is automatically suspended.
(f) The board may reinstate a registration that has been suspended
under subsection (e), after a hearing, if the board is satisfied that the
applicant is able to manufacture, distribute, or dispense controlled
substances with reasonable skill and safety to the public. As a condition
of reinstatement, the board may impose disciplinary or corrective
measures authorized under IC 25-1-9-9 or this article.
(g) A registration issued under this chapter is automatically
revoked if any state license authorizing a dispenser to act as a
practitioner is revoked.
not abate the existing registration, which shall remain in effect pending
the outcome of the administrative hearing.
(b) The advisory committee may recommend suspension, and the
board may suspend, without an order to show cause, any registration
simultaneously with the institution of proceedings under section 4 of
this chapter, or where renewal of registration is refused, if it finds that
there is an imminent danger to the public health or safety which
warrants this action. The suspension shall continue in effect until the
conclusion of the proceedings, including judicial review thereof, unless
sooner withdrawn by the board or dissolved by a court of competent
jurisdiction.
(c) If an applicant for reregistration (who is doing business under a
registration previously granted and not revoked nor suspended) has
applied for reregistration at least forty-five (45) days before the date on
which the existing registration is due to expire, the existing registration
of the applicant shall automatically be extended and continue in effect
until the date on which the board so issues its order. The board may
extend any other existing registration under the circumstances
contemplated in this section even though the registrant failed to apply
for reregistration at least forty-five (45) days before expiration of the
existing registration, with or without request by the registrant, if the
board finds that such extension is not inconsistent with the public
health and safety.
(1) Each time a controlled substance designated by the
(A) The controlled substance recipient's name.
(B) The controlled substance recipient's or the recipient representative's identification number or the identification number or phrase designated by the INSPECT program.
(C) The controlled substance recipient's date of birth.
(D) The national drug code number of the controlled substance dispensed.
(E) The date the controlled substance is dispensed.
(F) The quantity of the controlled substance dispensed.
(G) The number of days of supply dispensed.
(H) The dispenser's United States Drug Enforcement Agency registration number.
(I) The prescriber's United States Drug Enforcement Agency registration number.
(J) An indication as to whether the prescription was transmitted to the pharmacist orally or in writing.
(K) Other data required by the
(2) The information required to be transmitted under this section must be transmitted not more than seven (7) days after the date on which a controlled substance is dispensed.
(3) A dispenser shall transmit the information required under this section by:
(A) uploading to the INSPECT web site;
(B) a computer diskette; or
(C) a CD-ROM disk;
that meets specifications prescribed by the
(4) The
(5) The costs of the program.
(1) Create a data base for information required to be transmitted under section 8.1 of this chapter in the form required under rules adopted by the
(A) A controlled substance recipient's name.
(B) A controlled substance recipient's or recipient representative's identification number.
(C) A controlled substance recipient's date of birth.
(D) The national drug code number of a controlled substance dispensed.
(E) The dates a controlled substance is dispensed.
(F) The quantities of a controlled substance dispensed.
(G) The number of days of supply dispensed.
(H) A dispenser's United States Drug Enforcement Agency registration number.
(I) A prescriber's United States Drug Enforcement Agency registration number.
(J) Whether a prescription was transmitted to the pharmacist orally or in writing.
(K) A controlled substance recipient's method of payment for the controlled substance dispensed.
(2) Provide the
(3) Secure the information collected and the data base maintained against access by unauthorized persons.
information.
(e) (d) Except as provided in subsections (e) and (f), and (g), the
advisory committee board may release confidential information
described in subsection (b) (a) to the following persons:
(1) A member of the board the advisory committee, or another
governing body that licenses practitioners and is engaged in an
investigation, an adjudication, or a prosecution of a violation
under any state or federal law that involves a controlled
substance.
(2) An investigator for the consumer protection division of the
office of the attorney general, a prosecuting attorney, the attorney
general, a deputy attorney general, or an investigator from the
office of the attorney general, who is engaged in:
(A) an investigation;
(B) an adjudication; or
(C) a prosecution;
of a violation under any state or federal law that involves a
controlled substance.
(3) A law enforcement officer who is an employee of:
(A) a local, state, or federal law enforcement agency; or
(B) an entity that regulates controlled substances or enforces
controlled substances rules or laws in another state;
that is certified to receive information from the INSPECT
program.
(4) A practitioner or practitioner's agent certified to receive
information from the INSPECT program.
(5) A controlled substance monitoring program in another state
with which Indiana has established an interoperability agreement.
(6) The state toxicologist.
(7) A certified representative of the Medicaid retrospective
and prospective drug utilization review program.
(f) (e) Information provided to an individual under:
(1) subsection (e)(3) (d)(3) is limited to information:
(A) concerning an individual or proceeding involving the
unlawful diversion or misuse of a schedule II, III, IV, or V
controlled substance; and
(B) that will assist in an investigation or proceeding; and
(2) subsection (e)(4) (d)(4) may be released only for the purpose
of:
(A) providing medical or pharmaceutical treatment; or
(B) evaluating the need for providing medical or
pharmaceutical treatment to a patient.
(1) a member of the board
(2) an investigator for the consumer protection division of the office of the attorney general, a prosecuting attorney, the attorney general, a deputy attorney general, or an investigator from the office of the attorney general; or
(3) a law enforcement officer who is:
(A) authorized by the state police department to receive the type of information released; and
(B) approved by the
confidential information generated from computer records that identifies practitioners who are prescribing or dispensing large quantities of a controlled substance.
(1) a member of the
(2) the
and until that member or the designee has certified that further investigation is warranted. However, failure to comply with this subsection does not invalidate the use of any evidence that is otherwise admissible in a proceeding described in subsection
(1) A proceeding under IC 16-42-20.
(2) A proceeding under any state or federal law that involves a controlled substance.
(3) A criminal proceeding or a proceeding in juvenile court that involves a controlled substance.
Statistical reports compiled under this subsection are public records.
(l) (k) This section may not be construed to require a practitioner to
obtain information about a patient from the data base.
(m) (l) A practitioner is immune from civil liability for an injury,
death, or loss to a person solely due to a practitioner seeking or not
seeking information from the INSPECT program. The civil immunity
described in this subsection does not extend to a practitioner if the
practitioner receives information directly from the INSPECT program
and then negligently misuses this information. This subsection does not
apply to an act or omission that is a result of gross negligence or
intentional misconduct.
(n) (m) The advisory committee board may review the records of
the INSPECT program. If the advisory committee board determines
that a violation of the law may have occurred, the advisory committee
board shall notify the appropriate law enforcement agency or the
relevant government body responsible for the licensure, regulation, or
discipline of practitioners authorized by law to prescribe controlled
substances.
(n) A practitioner who in good faith discloses information based
on a report from the INSPECT program to a law enforcement
agency is immune from civil liability.
(b) The exception reports that are disseminated based on the prescribing norms and dispensing guidelines established under subsection (a) must comply with the following requirements:
(1) A report of prescriptive activity of a practitioner to a law enforcement agency and practitioner's professional licensing board when the practitioner exceeds the prescribing norms for the prescribing of a controlled substance within a particular drug class.
(2) A reporting of recipient activity to the practitioners who prescribed and dispensed the controlled substance when the recipient exceeds the dispensing guidelines of a controlled substance within a particular drug class.
JULY 1, 2010]: Sec. 12.1. (a) This section applies after June 30, 2007.
(b) (a) The advisory committee board shall adopt rules under
IC 4-22-2 to implement this chapter, including the following:
(1) Information collection and retrieval procedures for the
INSPECT program, including the controlled substances to be
included in the program required under section 8.1 of this chapter.
(2) Design for the creation of the data base required under section
10.1 of this chapter.
(3) Requirements for the development and installation of online
electronic access by the advisory committee board to information
collected by the INSPECT program.
(4) Identification of emergency situations or other circumstances
in which a practitioner may prescribe, dispense, and administer a
prescription drug specified in section 8.1 of this chapter without
a written prescription or on a form other than a form specified in
section 8.1(b)(4) 8.1(4) of this chapter.
(c) (b) The advisory committee board may:
(1) set standards for education courses for individuals authorized
to use the INSPECT program;
(2) identify treatment programs for individuals addicted to
controlled substances monitored by the INSPECT program; and
(3) work with impaired practitioner associations to provide
intervention and treatment.
; (10)IN0356.1.109. --> SECTION 109. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2010]: IC 25-2.1-13-1; IC 25-6.1-7-3; IC 25-7; IC 25-8-3-3; IC 25-8-3-4; IC 25-14-1-14; IC 25-19-1-14; IC 25-20-1-1.5; IC 25-20.2-2-4; IC 25-20.2-3-1; IC 25-20.2-3-2; IC 25-20.2-3-3; IC 25-20.2-3-4; IC 25-20.2-3-5; IC 25-20.2-3-6; IC 25-20.2-3-7; IC 25-20.2-8-4; IC 25-20.5-1; IC 25-21.5-2-1; IC 25-21.5-2-2; IC 25-21.5-2-3; IC 25-21.5-2-4; IC 25-21.5-2-5; IC 25-21.5-2-6; IC 25-21.5-2-7; IC 25-21.5-2-8; IC 25-21.5-2-9; IC 25-21.5-2-10; IC 25-21.5-2-11; IC 25-21.5-2-12; IC 25-21.5-2-13; IC 25-21.5-11-1; IC 25-21.5-11-2; IC 25-22.5-8-4; IC 25-23-1-27.2; IC 25-24-1-19; IC 25-26-13-28; IC 25-30-1-19.5; IC 25-30-1-22; IC 25-30-1.3-24; IC 25-31-1-29; IC 25-32-1; IC 25-33-1-16; IC 25-38.1-4-12; IC 35-48-1-4; IC 35-48-2-1.5; IC 35-48-7-1.
(b) Any license by the:
(1) state board of barber examiners (IC 25-7-5-1 (before its repeal by this act)); or
(2) state board of cosmetology examiners (IC 25-8-3-1);
as effective on June 30, 2010, and before July 1, 2010, shall be treated after June 30, 2010, as if the license had been issued by the state board of cosmetology and barber examiners under IC 25-8-3-1, as amended by this act.
(c) On July 1, 2010, all the powers, duties, orders, and liabilities of the:
(1) state board of barber examiners (IC 25-7-5-1 (before its repeal by this act)); or
(2) state board of cosmetology examiners (IC 25-8-3-1);
concerning the examination, licensing, and disciplining of a person licensed or an applicant applying for a license under IC 25-7 (before its repeal by this act) or IC 25-8, as amended by this act, are transferred to the state board of cosmetology and barber examiners under IC 25-8-3-1, as amended by this act.
(d) On July 1, 2010, the property and records of the:
(1) state board of barber examiners (IC 25-7-5-1 (before its repeal by this act)); or
(2) state board of cosmetology examiners (IC 25-8-3-1);
concerning the examination, licensing, and disciplining of a person licensed or an applicant applying for a license under IC 25-7 (before its repeal by this act) or IC 25-8, as amended by this act, are transferred to the state board of cosmetology and barber examiners under IC 25-8-3-1, as amended by this act.
(e) Any rules adopted by the:
(1) state board of barber examiners (IC 25-7-5-1 (before its repeal by this act)); or
(2) state board of cosmetology examiners (IC 25-8-3-1); and
in effect on June 30, 2010, shall be treated as rules of the state board of cosmetology and barber examiners on July 1, 2010.
(f) Notwithstanding IC 25-8-3-7, the initial terms of office of the members of the board appointed under IC 25-8-3-5 (as amended by this act) are as follows:
(1) One (1) member appointed under IC 25-8-3-5(b)(1), as amended by this act, and one (1) member appointed under IC 25-8-3-5(b)(2), as amended by this act, three (3) years.
(2) One (1) member appointed under IC 25-8-3-5(b)(2), as amended by this act, one (1) member appointed under IC 25-8-3-5(b)(3), as amended by this act, and one (1) member appointed under IC 25-8-3-5(b)(4), as amended by this act, two (2) years.
(3) One (1) member appointed under IC 25-8-3-5(b)(1), as amended by this act, and one (1) member appointed under
IC 25-8-3-5(b)(5), as amended by this act, one (1) year.
The governor shall specify the terms of the cosmetologist and
barber members described in subdivisions (1), (2), and (3) when
making the initial appointments.
(g) The initial terms of the appointed members begin July 1,
2010.
(h) This SECTION expires July 1, 2015.
(b) Any license by the:
(1) state board of registration of land surveyors (IC 25-21.5-2-1 (before its repeal by this act)); or
(2) state board of registration of professional engineers (IC 25-31-1-3, as amended by this act);
as effective on June 30, 2010, and before July 1, 2010, shall be treated after June 30, 2010, as if the license had been issued by the state board of registration of professional engineers and land surveyors (IC 25-31-1-3, as amended by this act).
(c) On July 1, 2010, all the powers, duties, orders, and liabilities of the:
(1) state board of registration of land surveyors (IC 25-21.5-2-1 (before its repeal by this act)); or
(2) state board of registration of professional engineers (IC 25-31-1-3, as amended by this act);
concerning the examination, licensing, and disciplining of a person licensed or an applicant applying for a license under IC 25-21.5 or IC 25-31, both as amended by this act, are transferred to the state board of registration of professional engineers and land surveyors (IC 25-31-1-3, as amended by this act).
(d) On July 1, 2010, the property and records of the:
(1) state board of registration of land surveyors (IC 25-21.5-2-1 (before its repeal by this act)); or
(2) state board of registration of professional engineers (IC 25-31-1-3, as amended by this act);
concerning the examination, licensing, and disciplining of a person licensed or an applicant applying for a license under IC 25-21.5 or IC 25-31, both as amended by this act, are transferred to the state board of registration of professional engineers and land surveyors (IC 25-31-1-3, as amended by this act).
(e) Any rules adopted by the:
(1) state board of registration of land surveyors
(IC 25-21.5-2-1 (before its repeal by this act)); or
(2) state board of registration of professional engineers
(IC 25-31-1-3, as amended by this act); and
in effect on June 30, 2010, shall be treated as rules of the state
board of registration of professional engineers and land surveyors
(IC 25-31-1-3, as amended by this act) on July 1, 2010.
(f) Notwithstanding IC 25-31-1-3(i), the initial terms of office of
the members of the board appointed under IC 25-31-1-3 (as
amended by this act) are as follows:
(1) One (1) member appointed under IC 25-31-1-3(e)(1), as
amended by this act, and one (1) member appointed under
IC 25-31-1-3(g), as amended by this act, who practices land
surveying on a full-time basis, four (4) years.
(2) One (1) member appointed under IC 25-31-1-3(e)(2), as
amended by this act, and one (1) member appointed under
IC 25-31-1-3(c), as amended by this act, three (3) years.
(3) One (1) member appointed under IC 25-31-1-3(e)(3), as
amended by this act, and one (1) member appointed under
IC 25-31-1-3(g), as amended by this act, who practices land
surveying on a part-time basis, two (2) years.
(4) One (1) member appointed under IC 25-31-1-3(e)(4), as
amended by this act, one (1) year.
(g) The initial terms of the appointed members begin July 1,
2010.
(h) This SECTION expires July 1, 2015.
(b) Any license or registration by the:
(1) medical licensing board of Indiana issued under IC 25-20-1; or
(2) speech-language pathology and audiology board (IC 25-35.6-2);
as effective on June 30, 2010, and before July 1, 2010, shall be treated after June 30, 2010, as if the license or registration had been issued by the speech-language pathology, audiology, and hearing aid dealer board (IC 25-35.6-2, as amended by this act).
(c) On July 1, 2010, all the powers, duties, orders, and liabilities of the:
(1) medical licensing board of Indiana under IC 25-20-1;
(2) committee of hearing aid dealer examiners (IC 25-20-1-1.5 (before its repeal by this act)); or
(3) speech-language pathology and audiology board (IC 25-35.6-2, as amended by this act);
concerning the examination, licensing, registration, and disciplining of a person licensed or registered or an applicant applying for a license or registration under IC 25-20-1 or IC 25-35.6, both as amended by this act, are transferred to the speech-language pathology, audiology, and hearing aid dealer board (IC 25-35.6-2, as amended by this act).
(d) On July 1, 2010, the property and records of the:
(1) medical licensing board of Indiana under IC 25-20-1;
(2) committee of hearing aid dealer examiners (IC 25-20-1-1.5 (before its repeal by this act)); or
(3) speech-language pathology and audiology board (IC 25-35.6-2, as amended by this act);
concerning the examination, licensing, registration, and disciplining of a person licensed or registered or an applicant applying for a license or registration under IC 25-20-1 or IC 25-35.6, as both amended by this act, are transferred to the speech-language pathology, audiology, and hearing aid dealer board (IC 25-35.6-2, as amended by this act).
(e) Any rules adopted by the:
(1) medical licensing board of Indiana issued under IC 25-20-1; or
(2) speech-language pathology and audiology board (IC 25-35.6-2, as amended by this act);
in effect on June 30, 2010, shall be treated as rules of the speech-language pathology, audiology, and hearing aid dealer board (IC 25-35.6-2, as amended by this act) on July 1, 2010.
(f) Notwithstanding IC 25-35.6-2-1, the initial terms of office of the members of the board appointed under IC 25-35.6-2-1 (as amended by this act) are as follows:
(1) One (1) member appointed under IC 25-35.6-2-1(c), as amended by this act, four (4) years.
(2) One (1) member appointed under IC 25-35.6-2-1(b)(2), as amended by this act, and one (1) member appointed under IC 25-35.6-2-1(b)(4), as amended by this act, three (3) years.
(3) One (1) member appointed under IC 25-35.6-2-1(b)(2), as amended by this act, one (1) member appointed under IC 25-35.6-2-1(b)(3), as amended by this act, and one (1) member appointed under IC 25-35.6-2-1(b)(5), as amended by this act, two (2) years.
(4) One (1) member appointed under IC 25-35.6-2-1(b)(3), as
amended by this act, and one (1) member appointed under
IC 25-35.6-2-1(b)(4), as amended by this act, one (1) year.
(g) Notwithstanding IC 25-35.6-2-1-(d), as amended by this act,
the initial terms of the appointed members begin July 1, 2010.
(h) This SECTION expires July 1, 2015.
(b) Any license by the home inspectors licensing board (IC 25-20.2-3-1 (before its repeal by this act)), as effective on June 30, 2010, and before July 1, 2010, shall be treated after June 30, 2010, as if the license had been issued by the Indiana real estate commission (IC 25-34.1-2-1, as amended by this act).
(c) On July 1, 2010, all the powers, duties, orders, and liabilities of the home inspectors licensing board (IC 25-20.2-3-1 (before its repeal by this act)) concerning the examination, licensing, and disciplining of a person licensed or an applicant applying for a license under IC 25-20.2, as amended by this act, are transferred to the Indiana real estate commission (IC 25-34.1-2-1, as amended by this act).
(d) On July 1, 2010, the property and records of the home inspectors licensing board (IC 25-20.2-3-1 (before its repeal by this act)) concerning the examination, licensing, and disciplining of a person licensed or an applicant applying for a license under IC 25-20.2, as amended by this act, are transferred to the Indiana real estate commission (IC 25-34.1-2-1, as amended by this act).
(e) Any rules adopted by the home inspectors licensing board (IC 25-20.2-3-1 (before its repeal by this act)) and in effect on June 30, 2010, shall be treated as rules of the Indiana real estate commission (IC 25-34.1-2-1, as amended by this act) on July 1, 2010.
(f) Notwithstanding IC 25-34.1-2-1(c), the initial terms of office of the members of the board appointed under IC 25-34.1-2-1(b) (as amended by this act) are as follows:
(1) One (1) member appointed under IC 25-34.1-2-1(b)(1), as amended by this act, and one (1) member appointed under IC 25-34.1-2-1(b)(2), as amended by this act, four (4) years.
(2) Two (2) members appointed under IC 25-34.1-2-1(b)(1), as amended by this act, and one (1) member appointed under IC 25-34.1-2-1(b)(3), as amended by this act, three (3) years.
(3) One (1) member appointed under IC 25-34.1-2-1(b)(1), as amended by this act, and one (1) member appointed under
IC 25-34.1-2-1(2), as amended by this act, two (2) years.
(4) Two (2) members appointed under IC 25-34.1-2-1(b)(1), as
amended by this act, one (1) year.
The governor shall specify the terms of the members who are real
estate brokers and home inspectors described in subdivisions (1),
(2), (3), and (4) when making the initial appointments.
(g) The initial terms of the appointed members begin July 1,
2010.
(h) This SECTION expires July 1, 2015.
(b) On July 1, 2010, the powers, duties, orders, liabilities, property, and records of the controlled substances advisory committee, before its abolishment, concerning the investigation, licensing, and disciplining of a person licensed or an applicant applying for a license under IC 35-48, as amended by this act, are transferred to the Indiana board of pharmacy (IC 25-26).
(c) This SECTION expires July 1, 2015.
