Second Regular Session of the 122nd General Assembly (2022)
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 this style type.
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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.
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between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1148
AN ACT to amend the Indiana Code concerning agriculture and
animals.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 15-17-4-5, AS ADDED BY P.L.2-2008, SECTION
8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2023]: Sec. 5. The state veterinarian:
(1) serves as secretary the chief administrative officer of the
board and performs the duties delegated by the board to the
state veterinarian;
(2) provides technical advice and assistance to, and serves as the
chief administrative officer to of, the Indiana board of
veterinary medical examiners; medicine under IC 25-38.1; and
(3) performs the duties delegated by the Indiana board of
veterinary medicine to the state veterinarian.
SECTION 2. IC 15-17.5 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2023]:
ARTICLE 17.5. CENTER FOR ANIMAL POLICY
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this
article.
Sec. 2. "Board" refers to the Indiana board of veterinary
medicine established by IC 25-38.1-2-1.
Sec. 3. "Center" refers to the Indiana center for animal policy
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established by IC 15-17.5-2-1.
Sec. 4. "State board" refers to the Indiana state board of animal
health established by IC 15-17-3-1.
Sec. 5. "State veterinarian" refers to the state veterinarian
appointed under IC 15-17-4-1.
Chapter 2. Indiana Center for Animal Policy
Sec. 1. The Indiana center for animal policy is established.
Sec. 2. The center is comprised of the following entities:
(1) The state board established by IC 15-17-3-1.
(2) The board established by IC 25-38.1-2-1.
Sec. 3. The state veterinarian is the chief administrative officer
of the center.
Sec. 4. The center shall protect human and animal health and
ensure efficient delivery of animal health services and products of
animal origin in Indiana by doing the following:
(1) Develop animal policy to address Indiana's need for a
healthy animal population, a safe food supply, and the
provision of a diverse range of veterinary medical services.
(2) Facilitate collaboration between the board and the state
board on programs that advance animal health, animal
welfare, food safety, and emergency preparedness.
(3) Streamline and provide for joint investigations,
enforcement, and other administrative functions of the board
and the state board.
(4) Enhance the ability of veterinarians and other employees
of the state board appointed under IC 15-17-4-8 to support
the regulatory mission of the board and the state board.
(5) Engage in joint outreach and education activities that
increase opportunities to interface with and support the needs
of veterinary practitioners, animal owners, and other
stakeholders.
(6) Safeguard against any incompetent, dishonest, or
unprincipled practice of veterinary medicine in Indiana.
Chapter 3. Administration and Personnel
Sec. 1. (a) The center shall facilitate the coordination of
regulatory duties of the state board and the board upon the
approval of each respective entity, as set forth in a memoranda of
understanding or other agreement.
(b) Nothing in this article shall be construed to amend the
independent duties, authorities, and funding mechanisms of the
board and the state board.
Sec. 2. (a) The state veterinarian, acting as the chief
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administrative officer of the center, is authorized to direct
activities of employees of the board and state board:
(1) within the statutory authority of each entity; and
(2) in furtherance of the purposes set forth in IC 15-17.5-2.
(b) Employees of the board and state board are authorized to
perform activities to carry out the purposes of either entity. Any
joint use of personnel shall occur under:
(1) the applicable administrative standards for the allocation
of costs between the board and the state board; and
(2) the approval of the entity for which the activities are being
performed.
(c) The state veterinarian may contract for additional
technology, research, or human resources on behalf of the board
and the state board:
(1) under IC 5-22 or other applicable administrative
standards; and
(2) with the approval of the regulatory entity or entities that
are contributing state funds or other resources.
SECTION 3. IC 23-1.5-1-9, AS AMENDED BY P.L.57-2013,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 9. "Licensing authority" means the following:
(1) In the case of an accounting professional, the Indiana state
board of public accountancy.
(2) In the case of an architectural professional, the board of
registration for architects and landscape architects.
(3) In the case of an engineering professional, the state board of
registration for professional engineers.
(4) In the case of an attorney, the Indiana supreme court.
(5) In the case of a health care professional, the board (as defined
in IC 25-1-9-1) that issues the individual's license, certification,
or registration.
(6) In the case of a veterinarian, the Indiana board of veterinary
medical examiners. medicine.
(7) In the case of a professional surveyor, the state board of
registration for professional surveyors.
(8) In the case of a real estate professional, the Indiana real estate
commission.
SECTION 4. IC 24-5-0.5-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 12. (a) It is an incurable
deceptive act for an individual, while soliciting or performing a
consumer transaction, to claim, either orally or in writing, to possess a
doctorate degree or use a title, a word, letters, an insignia, or an
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abbreviation associated with a doctorate degree, unless the individual:
(1) has been awarded a doctorate degree from an institution that
is:
(A) accredited by a regional or professional accrediting agency
recognized by the United States Department of Education or
the Council on Postsecondary Accreditation;
(B) a religious seminary, institute, college, or university whose
certificates, diplomas, or degrees clearly identify the religious
character of the educational program; or
(C) operated and supported by a governmental agency; or
(2) meets the requirements approved by one (1) of the following
boards:
(A) Medical licensing board of Indiana.
(B) State board of dental examiners.
(C) Indiana optometry board.
(D) Board of podiatric medicine.
(E) State psychology board.
(F) Board of chiropractic examiners.
(G) Indiana board of veterinary medical examiners. medicine.
(H) Indiana board of pharmacy.
(I) Indiana state board of nursing.
(b) It is an incurable deceptive act for an individual, while soliciting
or performing a consumer transaction, to claim to be a:
(1) physician unless the individual holds an unlimited license to
practice medicine under IC 25-22.5;
(2) chiropractic physician unless the individual holds a license as
a chiropractor under IC 25-10-1; or
(3) podiatric physician unless the individual holds a license as a
podiatrist under IC 25-29.
(c) The attorney general shall enforce this section in the same
manner as any other incurable deceptive act under this chapter.
SECTION 5. IC 25-0.5-3-27, AS ADDED BY P.L.3-2014,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 27. IC 25-1-2-6(b) applies to the Indiana board of
veterinary medical examiners. medicine.
SECTION 6. IC 25-0.5-4-33, AS ADDED BY P.L.3-2014,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 33. The Indiana board of veterinary medical
examiners medicine (IC 25-38.1-2) is a board under IC 25-1-4.
SECTION 7. IC 25-0.5-5-12 IS REPEALED [EFFECTIVE JULY
1, 2023]. Sec. 12. The Indiana professional licensing agency shall
perform administrative functions, duties, and responsibilities for the
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Indiana board of veterinary medical examiners (IC 25-38.1-2) under
IC 25-1-5-3(a).
SECTION 8. IC 25-0.5-6-12, AS ADDED BY P.L.3-2014,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 12. An individual licensed, certified, registered,
or permitted by the Indiana board of veterinary medical examiners
medicine (IC 25-38.1-2) is a provider under IC 25-1-5-10.
SECTION 9. IC 25-0.5-8-20, AS ADDED BY P.L.3-2014,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 20. An occupation for which a person is licensed,
certified, or registered by the Indiana board of veterinary medical
examiners medicine (IC 25-38.1) is a regulated occupation under
IC 25-1-7.
SECTION 10. IC 25-0.5-9-20, AS ADDED BY P.L.3-2014,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 20. The Indiana board of veterinary medical
examiners medicine (IC 25-38.1-2-1) is a board under IC 25-1-8.
SECTION 11. IC 25-0.5-10-33, AS ADDED BY P.L.3-2014,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 33. The Indiana board of veterinary medical
examiners medicine (IC 25-38.1) is a board under IC 25-1-8-6.
SECTION 12. IC 25-0.5-11-12, AS ADDED BY P.L.3-2014,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 12. The Indiana board of veterinary medical
examiners medicine (IC 25-38.1-2) is a board under IC 25-1-9.
SECTION 13. IC 25-1-5-10.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 10.5. The Indiana board of
veterinary medicine shall provide the agency with the information
necessary to create and maintain a provider profile under section
10 of this chapter for each provider (as defined by section 10(a) of
this chapter) regulated under IC 25-38.1.
SECTION 14. IC 25-1-7-3, AS AMENDED BY P.L.32-2021,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 3. (a) Except as provided in subsections (b), and
(c), and (d), the division is responsible for the investigation of
complaints concerning licensees.
(b) The medical licensing board of Indiana shall investigate a
complaint concerning a physician licensed under IC 25-22.5 and a
violation specified in IC 25-22.5-2-8. The division shall forward a
complaint concerning a physician licensed under IC 25-22.5 and a
violation specified in IC 25-22.5-2-8 to the medical licensing board of
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Indiana for investigation by the board. However, if the complaint
includes a violation in addition to a violation specified in
IC 25-22.5-2-8, the division shall investigate the complaint in its
entirety and notify the medical licensing board of Indiana of the
investigation.
(c) The state board of cosmetology and barber examiners shall
investigate complaints under IC 25-8-14-5, IC 25-8-4-13, IC 25-8-4-29,
IC 25-8-9-14, and IC 25-8-15.4-5. The division shall forward a
complaint concerning the practice of beauty culture under IC 25-8 to
the state board of cosmetology and barber examiners for investigation
by the state board of cosmetology and barber examiners. However, if
the complaint includes a violation in addition to a violation specified
in IC 25-8-14-5, IC 25-8-4-13, IC 25-8-4-29, IC 25-8-9-14, and
IC 25-8-15.4-5, the division shall investigate the complaint in its
entirety and notify the state board of cosmetology and barber examiners
of the investigation.
(d) The Indiana board of veterinary medicine and the division
shall enter into a memorandum of understanding that establishes
a process for sharing information between the division and the
Indiana board of veterinary medicine concerning complaints
received and the investigation of complaints of violations of
IC 25-38.1. The memorandum of understanding shall include,
without limitation, a process for providing information to the state
veterinarian on behalf of the Indiana board of veterinary medicine,
including complaints received, investigations conducted on behalf
of the Indiana board of veterinary medicine, and case dispositions.
SECTION 15. IC 25-1-7-5, AS AMENDED BY P.L.227-2015,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 5. (a) Subsection (b)(1) does not apply to:
(1) a complaint filed by:
(A) a member of any of the entities described in IC 25-0.5-8;
or
(B) the Indiana professional licensing agency; or
(2) a complaint filed under IC 25-1-5-4.
(b) Except as provided in section 3(b), or 3(c), or 3(d) of this
chapter, the director has the following duties and powers:
(1) The director shall make an initial determination as to the merit
of each complaint. A copy of a complaint having merit shall be
submitted to the board having jurisdiction over the licensee's
regulated occupation, that board thereby acquiring jurisdiction
over the matter except as otherwise provided in this chapter.
(2) The director shall through any reasonable means notify the
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licensee of the nature and ramifications of the complaint and of
the duty of the board to attempt to resolve the complaint through
negotiation.
(3) The director shall report any pertinent information regarding
the status of the complaint to the complainant.
(4) The director may investigate any written complaint against a
licensee. The investigation shall be limited to those areas in which
there appears to be a violation of statutes governing the regulated
occupation.
(5) The director has the power to subpoena witnesses and to send
for and compel the production of books, records, papers, and
documents for the furtherance of any investigation under this
chapter. The circuit or superior court located in the county where
the subpoena is to be issued shall enforce any such subpoena by
the director.
SECTION 16. IC 25-38.1-1-4 IS REPEALED [EFFECTIVE JULY
1, 2023]. Sec. 4. "Agency" refers to the Indiana professional licensing
agency established by IC 25-1-5-3.
SECTION 17. IC 25-38.1-1-7, AS ADDED BY P.L.2-2008,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 7. "Board" means the Indiana board of veterinary
medical examiners medicine established by IC 25-38.1-2-1.
SECTION 18. IC 25-38.1-1-13.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 13.4. "State board" refers to the
Indiana state board of animal health established by IC 15-17-3-1.
SECTION 19. IC 25-38.1-2-1, AS AMENDED BY P.L.249-2019,
SECTION 137, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 1. (a) The Indiana board of
veterinary medical examiners medicine is established.
(b) Subject to IC 25-1-6.5-3, the board consists of seven (7)
members appointed by the governor.
(c) One (1) of the board members must be a registered veterinary
technician.
(d) One (1) of the board members must be appointed to represent
the general public.
(e) Not more than four (4) board members may be affiliated with the
same political party.
(f) A board member may be removed under IC 25-1-6.5-4.
SECTION 20. IC 25-38.1-2-5, AS ADDED BY P.L.2-2008,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 5. (a) The board shall hold an annual meeting in
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Indianapolis and other regular meetings during the year at places the
board sets.
(b) The board may hold special meetings as necessary. The
chairperson or two (2) members of the board may call a special
meeting.
(c) Four (4) members of the board constitute a quorum.
(d) All meetings must be open and public. However, the board may
meet in closed session:
(1) to prepare, approve, administer, or grade examinations;
(2) to deliberate the qualifications of an applicant for license or
registration; or
(3) to deliberate the disposition of a proceeding to discipline a
licensed veterinarian or registered veterinary technician.
(e) Minutes of each regular and special meeting shall be compiled
and kept as a permanent record in the same office as other records of
the board are kept. The agency board is responsible for the care and
safekeeping of the minutes.
SECTION 21. IC 25-38.1-2-7, AS AMENDED BY P.L.58-2008,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 7. (a) At its annual meeting, the board shall elect
a chairperson and vice chairperson and other necessary officers
determined by the board. Officers shall serve for a term of one (1) year
or until a successor is elected. There is no limitation on the number of
terms an officer may serve.
(b) The state veterinarian shall be the chief administrative officer
of and technical adviser of to the board.
(c) The duties of the agency state veterinarian are the duties the
board delegates to the state veterinarian and include:
(1) corresponding for the board;
(2) keeping accounts and records of all receipts and
disbursements by the board;
(3) keeping records of all applications for license or registration;
(4) keeping a register of all persons currently licensed or
registered by the board;
(5) keeping permanent records of all board proceedings; and
(6) administering the veterinary investigative fund established by
section 25 of this chapter;
(6) performing any other administrative function of the board
delegated by the board.
SECTION 22. IC 25-38.1-2-14.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 14.5. If the board determines that
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an emergency presents a risk to the delivery of competent, honest,
and principled veterinary services in Indiana as described in
IC 15-17.5-2-4, the board may adopt emergency rules in the
manner provided under IC 4-22-2-37.1 that:
(1) suspend or modify licensing, examination, continuing
education, or permit requirements under this article; or
(2) implement measures that safeguard the health, safety, and
welfare of the citizens and animals of Indiana.
SECTION 23. IC 25-38.1-2-15, AS ADDED BY P.L.2-2008,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 15. (a) Subject to IC 25-1-7, the board may
conduct investigations for the purpose of discovering violations of this
article by:
(1) licensed veterinarians or registered veterinary technicians; or
(2) persons practicing veterinary medicine without a license or
persons practicing as a registered veterinary technician without
being registered.
(b) The board, and the state veterinarian if authorized by the
board, has the power to subpoena witnesses and to send for and
compel the production of books, records, papers, and documents
for the furtherance of any investigation under this chapter. The
circuit or superior court located in the county where the subpoena
is to be issued shall enforce the subpoena.
SECTION 24. IC 25-38.1-2-19, AS AMENDED BY P.L.58-2008,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 19. (a) The board shall establish by rule under
IC 25-1-8 fees sufficient to implement this article, including fees for
examining and licensing veterinarians and for examining and
registering veterinary technicians.
(b) In addition to the fee to issue or renew a license, registration, or
permit, the board may establish a fee of not more than ten dollars ($10)
per year for a person who holds a license or special permit as a
veterinarian or a registration or special permit as a veterinary
technician to provide funds for administering and enforcing the
provisions of this article, including investigating and taking action
against persons who violate this article. All funds collected under this
subsection shall be deposited in the veterinary investigative medicine
fund established by section 25 of this chapter.
(c) The fees established under this section shall be charged and
collected by the agency. state board.
SECTION 25. IC 25-38.1-2-22, AS ADDED BY P.L.2-2008,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2023]: Sec. 22. The agency state board shall provide the
board with full full-time or part-time professional and clerical
personnel and supplies, including printed matter and equipment,
necessary to implement this article.
SECTION 26. IC 25-38.1-2-25, AS ADDED BY P.L.58-2008,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 25. (a) The veterinary investigative medicine fund
is established to provide funds for administering and enforcing the
provisions of this article, including investigating and taking
enforcement action against violators of this article. The fund shall be
administered by the agency. state board for the board.
(b) The expenses of administering the fund shall be paid from the
money in the fund. The fund consists of money from the fee imposed
under section 19(b) of this chapter.
(c) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(d) Money in the fund at the end of a state fiscal year does not revert
to the state general fund. However, if the total amount in the fund
exceeds seven hundred fifty thousand dollars ($750,000) at the end of
a state fiscal year after payment of all claims and expenses, the amount
that exceeds seven hundred fifty thousand dollars ($750,000) reverts
to the state general fund.
(e) Money in the fund is continually appropriated to the agency
state board for its use in administering and enforcing this article,
conducting investigations, and taking enforcement action against
persons violating this article.
(f) The attorney general, and the agency board, and the state
board may enter into a memorandum of understanding to provide the
attorney general with funds to conduct investigations and pursue
enforcement action against violators of this article.
(g) The attorney general and the agency state board shall present
the memorandum of understanding annually to the board for review.
SECTION 27. IC 25-38.1-2-26 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 26. (a) Any reference in a law,
rule, license, permit, registration, certification, order, agreement,
or other document to or by the Indiana board of veterinary
medical examiners shall be treated after June 30, 2023, as a
reference to the board.
(b) Any rules adopted by the Indiana board of veterinary
medical examiners before July 1, 2023, are considered, after June
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30, 2023, rules of the board.
SECTION 28. IC 25-38.1-3-4, AS AMENDED BY P.L.58-2008,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 4. (a) The board shall hold at least one (1)
examination for licensing veterinarians and one (1) examination for
registering veterinary technicians each year. However, the board may
hold additional examinations. The agency board shall give notice of
the date, time, and place for each examination at least ninety (90) days
before the date set for the examination. A person desiring to take an
examination must make application not later than the time the board
prescribes under IC 25-38.1-2-12.
(b) The board must approve the preparation, administration, and
grading of examinations that comply with the following requirements:
(1) Examinations for licensure to practice as a veterinarian must
be designed to test the examinee's knowledge of and proficiency
in the subjects and techniques commonly taught in veterinary
schools. To pass the examination, the examinee must demonstrate
scientific and practical knowledge sufficient to prove to the board
that the examinee is competent to practice veterinary medicine.
The board may adopt and use examinations approved by the
National Board of Veterinary Medical Examiners for licensure to
practice veterinary medicine.
(2) Examinations for registration as a registered veterinary
technician must be designed to test the examinee's knowledge of
and proficiency in the subjects and techniques commonly taught
in schools for veterinary technicians. To pass the examination, the
examinee must demonstrate scientific and practical knowledge
sufficient to prove to the board that the examinee is competent to
act as a registered veterinary technician. The board may adopt and
use examinations approved by the American Association of
Veterinary State Boards for registration as a veterinary technician.
(c) To qualify for a license as a veterinarian or to be registered as a
veterinary technician, the applicant must attain a passing score in the
examinations.
(d) After the examinations, the agency board shall notify each
examinee of the result of the examinee's examinations. The board shall
issue a license or registration certificate, as appropriate, to each
individual who successfully completes the examinations and is
otherwise qualified. The agency board shall keep a permanent record
of the issuance of each license or registration certificate.
(e) An individual who fails to pass the required examinations may
apply to take a subsequent examination. Payment of the examination
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fee may not be waived.
(f) If an applicant fails to pass the required examination within three
(3) attempts in Indiana or any other state, the applicant may not retake
the required examination. The applicant may take subsequent
examinations upon approval by the board and completion of remedial
education as required by the board.
SECTION 29. IC 25-38.1-3-11, AS AMENDED BY P.L.177-2015,
SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 11. (a) Subject to IC 25-1-2-6(e), a license issued
under this chapter is valid until the next renewal date described under
subsection (b).
(b) All licenses expire on a date set by the agency board in each
odd-numbered year but may be renewed by application to the board
and payment of the proper renewal fee. In accordance with
IC 25-1-5-4(c), the agency board shall mail a notice ninety (90) days
before the expiration to each licensed veterinarian. The agency board
shall issue a license renewal to each individual licensed under this
chapter if the proper fee has been received and all other requirements
for renewal of the license have been satisfied. Failure to renew a
license on or before the expiration date automatically renders the
license invalid without any action by the board.
SECTION 30. IC 25-38.1-3-12, AS AMENDED BY P.L.177-2015,
SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 12. (a) Subject to IC 25-1-2-6(e), a registration
certificate issued under this chapter is valid until the next renewal date
described under subsection (b).
(b) Subject to IC 25-1-2-6(e), all registration certificates expire on
a date set by the agency board of each even-numbered year but may be
renewed by application to the board and payment of the proper renewal
fee. In accordance with IC 25-1-5-4(c), the agency board shall mail a
notice ninety (90) days before the expiration to each registered
veterinary technician. The agency board shall issue a registration
certificate renewal to each individual registered under this chapter if
the proper fee has been received and all other requirements for renewal
of the registration certificate have been satisfied. Failure to renew a
registration certificate on or before the expiration date automatically
renders the license invalid without any action by the board.
SECTION 31. IC 25-38.1-5-5, AS ADDED BY P.L.58-2008,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 5. (a) The impaired veterinary health care
provider fund is established to provide money for rehabilitation of
impaired veterinary health care providers under this chapter. The
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agency state board shall administer the fund for the board.
(b) Expenses of administering the fund shall be paid from money in
the fund. The fund consists of any grants or public and private financial
assistance designated for the fund.
(c) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(d) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
(e) Money in the fund is appropriated to the board for the purpose
stated in subsection (a).
SECTION 32. IC 35-48-3-2, AS AMENDED BY P.L.84-2010,
SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 2. (a) Any humane society, animal control agency,
or governmental entity operating an animal shelter or other animal
impounding facility is entitled to receive a limited permit only for the
purpose of buying, possessing, and using:
(1) sodium pentobarbital to euthanize injured, sick, homeless, or
unwanted domestic pets and animals;
(2) ketamine and ketamine products to anesthetize or immobilize
fractious domestic pets and animals; and
(3) a combination product containing tiletimine and zolazepam as
an agent for the remote chemical capture of domestic pets or
animals that otherwise cannot be restrained or captured.
(b) A humane society, animal control agency, or governmental
entity entitled to receive a permit under this chapter must:
(1) apply to the board according to the rules established by the
board;
(2) pay annually to the board a fee set by the board for the limited
permit; and
(3) submit proof, as determined by the board, that the employees
of an applicant who will handle a controlled substance are
sufficiently trained to use and administer the controlled substance.
(c) All fees collected by the board under this section shall be
credited to the state board of pharmacy account.
(d) Storage, handling, and use of controlled substances obtained
according to this section are subject to the rules adopted by the board.
(e) Before issuing a permit under this section, the board may consult
with the Indiana board of veterinary medical examiners. medicine.
SECTION 33. IC 35-48-3-4, AS AMENDED BY P.L.84-2010,
SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 4. (a) The board shall register an applicant to
HEA 1148 — Concur 14
manufacture or distribute controlled substances unless it determines
that the issuance of that registration would be inconsistent with the
public interest. In determining the 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 the registrant's
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 board in accordance with
the registration.
(e) The board may consult with the Indiana board of veterinary
medical examiners medicine before issuing a registration to a person:
(1) who seeks to conduct research or instructional activities with
controlled substances in schedules I through IV; and
(2) whose activities constitute the practice of veterinary medicine
HEA 1148 — Concur 15
(as defined by IC 25-38.1-1-12).
(f) Compliance by manufacturers and distributors with the
provisions of the federal law respecting registration (excluding fees)
entitles them to be registered under this article.
HEA 1148 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1148 — Concur