Bill Text: IN SB0356 | 2010 | Regular Session | Amended
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-Amended.html
Citations Affected: IC 16-27; IC 25-1; IC 25-2.1; IC 25-4; IC 25-8;
IC 25-10; IC 25-15; IC 25-23.6; IC 25-26; IC 25-27; IC 25-30;
IC 25-34.1; IC 25-34.5; IC 34-30; IC 35-48; noncode.
Effective: June 30, 2010; July 1, 2010.
January 12, 2010, read first time and referred to Committee on Health and Provider
Services.
January 28, 2010, amended, reported favorably _ Do Pass.
Digest Continued
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 following: (1) state toxicologist; (2) the Medicaid retrospective and prospective drug utilization review program; and (3) a substance abuse assistance program for certain licensed health care providers. Provides criminal and civil immunity for a practitioner who in good faith provides information to a law enforcement agency based on a report from INSPECT. Requires certain boards 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.
(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.
history background check" has the meaning set forth in IC 10-13-3-12.
means the determination provided by the state police department
under IC 10-13-3-39(i).
(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:
expanded criminal history check as required under subsection
(a)(1); (b) or (c); or
(B) (2) a limited criminal history as required by subsection (a)(2)
until June 30, 2010; or (a).
(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,
health agency or personal services agency within the time required
under this subsection.
(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.
(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.
"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).
title is engaged in or is believed to be engaged in activities for
which a license, certification, or registration is required under this
title, the board may do the following:
(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).
(b) This section does not apply to a license, certificate, or registration that has been revoked or suspended.
(c) Notwithstanding any other law regarding the reinstatement of a delinquent or lapsed license, certificate, or registration and except as provided in section 8 of this chapter, the holder of a license, certificate, or registration that was issued by the board that is three (3) years or less delinquent must be reinstated upon meeting the following requirements:
(1) Submission of the holder's completed renewal application.
(2) Payment of the current renewal fee established by the board under section 2 of this chapter.
(3) Payment of a reinstatement fee established by the Indiana professional licensing agency.
(4) If a law requires the holder to complete continuing education as a condition of renewal, the holder:
(A) shall provide the board with a sworn statement, signed by the holder, that the holder has fulfilled the continuing education requirements required by the board; or
(B) shall, if the holder has not complied with the continuing education requirements, meet any requirements imposed under IC 25-1-4-5 and IC 25-1-4-6.
(d) Notwithstanding any other law regarding the reinstatement of a delinquent or lapsed license, certificate, or registration and except as provided in section 8 of this chapter, unless a statute specifically does not allow a license, certificate, or registration to be reinstated if it has lapsed for more than three (3) years, the holder of a license, certificate, or registration that was issued by the board that is more than three (3) years delinquent must be reinstated upon meeting the following requirements:
(1) Submission of the holder's completed renewal application.
(2) Payment of the current renewal fee established by the board under section 2 of this chapter.
(3) Payment of a reinstatement fee equal to the current initial application fee.
(4) If a law requires the holder to complete continuing education as a condition of renewal, the holder:
(A) shall provide the board with a sworn statement, signed by the holder, that the holder has fulfilled the continuing education requirements required by the board; or
(B) shall, if the holder has not complied with the continuing education requirements, meet any requirements imposed under IC 25-1-4-5 and IC 25-1-4-6.
(5) Complete such remediation and additional training as deemed appropriate by the board given the lapse of time involved.
(6) Any other requirement that is provided for in statute or rule that is not related to fees.
(1) Board of chiropractic examiners (IC 25-10-1).
(2) State board of dentistry (IC 25-14-1).
(3) Indiana state board of health facility administrators (IC 25-19-1).
(4) Medical licensing board of Indiana (IC 25-22.5-2).
(5) Indiana state board of nursing (IC 25-23-1).
(6) Indiana optometry board (IC 25-24).
(7) Indiana board of pharmacy (IC 25-26).
(8) Board of podiatric medicine (IC 25-29-2-1).
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects (IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2).
Chapter 16. Evaluation of Regulated Occupations
Sec. 1. As used in this chapter, "agency" refers to the Indiana professional licensing agency.
Sec. 2. As used in this chapter, "board" means an entity that regulates a specific regulated occupation.
Sec. 3. As used in this chapter, "committee" 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, as a nonvoting member.
(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.
(c) The affirmative votes of a majority of the voting members appointed to the committee are required for the committee to take action on any measure.
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) A board shall cooperate with the committee, as the
committee determines is necessary in the committee's review and
evaluation of the board.
(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
(2) the board shall take appropriate action under
(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.
(c) The board may appear in its own name in the courts of the state
and apply for injunctions to prevent violations of this chapter.
(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.
JULY 1, 2010]: Sec. 2.6. "Beauty culture professional" refers to the
following:
(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.
(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.
(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.
(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.
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) profess to be a licensed mental health counselor;
(2) use the title:
(A) "licensed mental health counselor";
(B) "mental health counselor"; or
(C) "mental health therapist";
(3) use any other words, letters, abbreviations, or insignia indicating or implying that the individual is a licensed mental health counselor; or
(4) practice mental health counseling for compensation;
unless the individual is licensed under this article, IC 25-22.5, or IC 25-33.
(b) An individual may not:
(1) profess to be a licensed mental health counselor associate;
(2) use the title:
(A) "licensed mental health counselor associate";
(B) "mental health counselor associate"; or
(C) "mental health therapist associate";
(3) use any other words, letters, abbreviations, or insignia indicating or implying that the individual is a licensed mental health counselor associate; or
(4) practice mental health counseling for compensation;
unless the individual is licensed under this article.
who is licensed as a mental health counselor shall:
(1) display the license or a clear copy of the license at each
location where the mental health counselor regularly practices;
and
(2) include the words "licensed mental health counselor" or the
letters "LMHC" on all promotional materials, including business
cards, brochures, stationery, advertisements, and signs that name
the individual.
(b) An individual who is licensed as a mental health counselor
associate shall:
(1) display the license or a clear copy of the license at each
location where the mental health counselor associate regularly
practices; and
(2) include the words "licensed mental health counselor
associate" or the letters "LMHCA" on all promotional
materials, including business cards, brochures, stationery,
advertisements, and signs that name the individual.
(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) Apply for a mental health counselor associate license under section 1.5 of this chapter by meeting the requirements of this chapter.
(2) Elect not to apply for a mental health counselor associate license under section 1.5 of this chapter, accrue the clinical experience required under section 4 of this chapter, and apply for a mental health counselor license at the conclusion of the doctoral program.
(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) A person issued a license under this section may engage in the practice of mental health counseling.
(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
under section 24 of this chapter is sufficient if the complaint alleges
that a person or business entity on a specific day in a specific county:
(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.
(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.
action in the name of the state to enjoin a person from violating this
section.
(e) In charging any person in a complaint for an injunction or in
affidavit, information, or indictment with the violation of the provisions
of this section, it is sufficient, without averring any further or more
particular facts, to charge that the person upon a certain day and in a
certain county either acted as a real estate broker or salesperson not
having a license or conducted, or solicited or accepted enrollment of
students for, a broker or salesperson course without course approval.
(f) (c) Each enforcement procedure established in this section and
IC 25-1-7-14 is supplemental to other enforcement procedures
established in this section.
(1) performs:
(A) the acts of a licensed real estate appraiser without a license; or
(B) the acts of a certified real estate appraiser without a certificate; or
(2) conducts or solicits or accepts enrollment of students for a course without course approval as required by section 13 of this chapter;
commits a Class B infraction. When a judgment is entered for an offense under this section, the court shall add to any fine imposed the amount of any fee or other compensation earned in the commission of the offense. Each transaction constitutes a separate offense.
(b) In all actions for the collection of a fee or other compensation for performing acts regulated by this article, a party seeking relief must allege and prove that at the time the cause of action arose the party was not in violation of this section.
(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;
public interest, the board shall consider:
(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.
controlled substance may be denied, suspended, or revoked by the
board upon a finding by the advisory committee that the applicant or
registrant:
(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 his the applicant's or registrant's federal registration
suspended or revoked to manufacture, distribute, or dispense
controlled substances; or
(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.
(b) The
(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.
P.L.182-2009(ss), SECTION 399, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8.1. (a) This section
applies after June 30, 2007.
(b) The advisory committee board shall provide for a controlled
substance prescription monitoring program that includes the following
components:
(1) Each time a controlled substance designated by the advisory
committee board under IC 35-48-2-5 through IC 35-48-2-10 is
dispensed, the dispenser shall transmit to the INSPECT program
the following information:
(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 advisory committee. board.
(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 advisory committee.
board.
(4) The advisory committee board may require that prescriptions
for controlled substances be written on a one (1) part form that
cannot be duplicated. However, the advisory committee board
may not apply such a requirement to prescriptions filled at a
pharmacy with a Type II permit (as described in IC 25-26-13-17)
and operated by a hospital licensed under IC 16-21, or
prescriptions ordered for and dispensed to bona fide enrolled
patients in facilities licensed under IC 16-28. The committee
board may not require multiple copy prescription forms for any
prescriptions written. The advisory committee board may not
require different prescription forms for any individual drug or
group of drugs. Prescription forms required under this subdivision
must be jointly approved by the committee and by the Indiana
board of pharmacy established by IC 25-26-13-3.
(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.
(1) A member of the board
(2) An investigator for the consumer protection division of the office of the attorney general, a prosecuting attorney, the attorney general, a deputy attorney general, or an investigator from the office of the attorney general, who is engaged in:
(A) an investigation;
(B) an adjudication; or
(C) a prosecution;
of a violation under any state or federal law that involves a controlled substance.
(3) A law enforcement officer who is an employee of:
(A) a local, state, or federal law enforcement agency; or
(B) an entity that regulates controlled substances or enforces controlled substances rules or laws in another state;
that is certified to receive information from the INSPECT program.
(4) A practitioner or practitioner's agent certified to receive information from the INSPECT program.
(5) A controlled substance monitoring program in another state with which Indiana has established an interoperability agreement.
(6) The state toxicologist.
(7) A certified representative of the Medicaid retrospective and prospective drug utilization review program.
(8) A substance abuse assistance program for a licensed health care provider who:
(A) has prescriptive authority under IC 25; and
(B) is participating in the assistance program.
(1) subsection
(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
(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.
released until it has been reviewed by:
(1) a member of the advisory committee board who is licensed in
the same profession as the prescribing or dispensing practitioner
identified by the data; or
(2) the advisory committee's board's designee;
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 (j). (i).
(j) (i) An investigator or a law enforcement officer receiving
confidential information under subsection (c), (d), (e), or (h) (g) may
disclose the information to a law enforcement officer or an attorney for
the office of the attorney general for use as evidence in the following:
(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.
(k) (j) The advisory committee board may compile statistical
reports from the information described in subsection (b). (a). The
reports must not include information that identifies any practitioner,
ultimate user, or other person administering 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 criminal or civil liability. A practitioner
that discloses information to a law enforcement agency under this
subsection is presumed to have acted in good faith.
(1) Establish prescribing norms and dispensing guidelines for the unsolicited dissemination of exception reports under section 11.1(d) of this chapter.
(2) Provide the information determined in subdivision (1) to the board.
(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 the practitioner's professional licensing board designee when the practitioner deviates from the dispensing guidelines or 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 or dispensed the controlled substance when the recipient deviates from the dispensing guidelines of a controlled substance within a particular drug class.
(c) The board designee shall have the discretion to determine whether to forward the exception report under subsection (b)(2) to only either of the following for purposes of an investigation:
(1) A law enforcement agency.
(2) The attorney general.
(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
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)SB0356.1.82. --> SECTION 82. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2010]: IC 25-2.1-13-1; IC 25-6.1-7-3; IC 25-7; IC 25-8-3-3; IC 25-8-3-4; IC 25-14-1-14; IC 25-19-1-14; IC 25-20.2-8-4; IC 25-20.5-1; IC 25-21.5-11-1; IC 25-21.5-11-2; 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) 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.
