Indiana 2022 Regular Session

Indiana House Bill HB1148 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1148.1
	2	+	February 15, 2022
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1148
	5	+	_____
	6	+	DIGEST OF HB 1148 (Updated February 14, 2022 2:14 pm - DI 129)
	7	+	Citations Affected: IC 15-17; IC 15-17.5; IC 23-1.5; IC 24-5;
	8	+	IC 25-0.5; IC 25-1; IC 25-38.1; IC 35-48.
	9	+	Synopsis: Veterinary medicine. Changes the name of the Indiana
	10	+	board of veterinary medical examiners to the Indiana board of
	11	+	veterinary medicine (board). Provides that the state veterinarian: (1)
	12	+	serves as the chief administrative officer of the board; (2) performs the
	13	+	duties delegated by the board to the state veterinarian; and (3) provides
	14	+	technical advice and assistance to the board. Establishes the Indiana
	15	+	center for animal policy (center) to facilitate the coordination of
	16	+	regulatory duties of the state board of animal health (BOAH) and the
	17	+	board. Provides that the state veterinarian is the chief administrative
	18	+	officer of the center and the BOAH. Requires that the BOAH (not the
	19	+	(Continued next page)
	20	+	Effective: July 1, 2023.
	21	+	Lehe, Cherry, Thompson, Klinker
	22	+	(SENATE SPONSOR — LEISING)
	23	+	January 6, 2022, read first time and referred to Committee on Agriculture and Rural
	24	+	Development.
	25	+	January 10, 2022, reported — Do Pass.
	26	+	January 18, 2022, read second time, amended, ordered engrossed.
	27	+	January 19, 2022, engrossed.
	28	+	January 20, 2022, read third time, passed. Yeas 84, nays 0.
	29	+	SENATE ACTION
	30	+	February 1, 2022, read first time and referred to Committee on Agriculture.
	31	+	February 14, 2022, amended, reported favorably — Do Pass.
	32	+	EH 1148—LS 6750/DI 77 Digest Continued
	33	+	professional licensing agency) perform certain administrative functions
	34	+	for the board. Requires that the board and the division of consumer
	35	+	protection, office of the attorney general enter into a memorandum of
	36	+	understanding to share information concerning complaints and
	37	+	investigations against individuals regulated by the board. Allows the
	38	+	board to adopt emergency rules. Provides that the board, and the state
	39	+	veterinarian if authorized by the board, may subpoena witnesses and
	40	+	compel the production of certain documents as part of an investigation.
	41	+	Changes the name of the veterinary investigative fund to the veterinary
	42	+	medicine fund (fund). Makes various changes to the fund. Provides that
	43	+	the changes made by the bill do not apply until July 1, 2023. Provides
	44	+	for transition and makes conforming changes.
	45	+	EH 1148—LS 6750/DI 77EH 1148—LS 6750/DI 77 February 15, 2022
1	46		Second Regular Session of the 122nd General Assembly (2022)
2	47		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	48		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	49		additions will appear in this style type, and deletions will appear in this style type.
5	50		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	51		provision adopted), the text of the new provision will appear in this style type. Also, the
7	52		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	53		a new provision to the Indiana Code or the Indiana Constitution.
9	54		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	55		between statutes enacted by the 2021 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1148
12		-	AN ACT to amend the Indiana Code concerning agriculture and
13		-	animals.
	56	+	ENGROSSED
	57	+	HOUSE BILL No. 1148
	58	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	59	+	agriculture and animals.
14	60		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 15-17-4-5, AS ADDED BY P.L.2-2008, SECTION
16		-	8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
17		-	2023]: Sec. 5. The state veterinarian:
18		-	(1) serves as secretary the chief administrative officer of the
19		-	board and performs the duties delegated by the board to the
20		-	state veterinarian;
21		-	(2) provides technical advice and assistance to, and serves as the
22		-	chief administrative officer to of, the Indiana board of
23		-	veterinary medical examiners; medicine under IC 25-38.1; and
24		-	(3) performs the duties delegated by the Indiana board of
25		-	veterinary medicine to the state veterinarian.
26		-	SECTION 2. IC 15-17.5 IS ADDED TO THE INDIANA CODE AS
27		-	A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
28		-	2023]:
29		-	ARTICLE 17.5. CENTER FOR ANIMAL POLICY
30		-	Chapter 1. Definitions
31		-	Sec. 1. The definitions in this chapter apply throughout this
32		-	article.
33		-	Sec. 2. "Board" refers to the Indiana board of veterinary
34		-	medicine established by IC 25-38.1-2-1.
35		-	Sec. 3. "Center" refers to the Indiana center for animal policy
36		-	HEA 1148 — Concur 2
37		-	established by IC 15-17.5-2-1.
38		-	Sec. 4. "State board" refers to the Indiana state board of animal
39		-	health established by IC 15-17-3-1.
40		-	Sec. 5. "State veterinarian" refers to the state veterinarian
41		-	appointed under IC 15-17-4-1.
42		-	Chapter 2. Indiana Center for Animal Policy
43		-	Sec. 1. The Indiana center for animal policy is established.
44		-	Sec. 2. The center is comprised of the following entities:
45		-	(1) The state board established by IC 15-17-3-1.
46		-	(2) The board established by IC 25-38.1-2-1.
47		-	Sec. 3. The state veterinarian is the chief administrative officer
48		-	of the center.
49		-	Sec. 4. The center shall protect human and animal health and
50		-	ensure efficient delivery of animal health services and products of
51		-	animal origin in Indiana by doing the following:
52		-	(1) Develop animal policy to address Indiana's need for a
53		-	healthy animal population, a safe food supply, and the
54		-	provision of a diverse range of veterinary medical services.
55		-	(2) Facilitate collaboration between the board and the state
56		-	board on programs that advance animal health, animal
57		-	welfare, food safety, and emergency preparedness.
58		-	(3) Streamline and provide for joint investigations,
59		-	enforcement, and other administrative functions of the board
60		-	and the state board.
61		-	(4) Enhance the ability of veterinarians and other employees
62		-	of the state board appointed under IC 15-17-4-8 to support
63		-	the regulatory mission of the board and the state board.
64		-	(5) Engage in joint outreach and education activities that
65		-	increase opportunities to interface with and support the needs
66		-	of veterinary practitioners, animal owners, and other
67		-	stakeholders.
68		-	(6) Safeguard against any incompetent, dishonest, or
69		-	unprincipled practice of veterinary medicine in Indiana.
70		-	Chapter 3. Administration and Personnel
71		-	Sec. 1. (a) The center shall facilitate the coordination of
72		-	regulatory duties of the state board and the board upon the
73		-	approval of each respective entity, as set forth in a memoranda of
74		-	understanding or other agreement.
75		-	(b) Nothing in this article shall be construed to amend the
76		-	independent duties, authorities, and funding mechanisms of the
77		-	board and the state board.
78		-	Sec. 2. (a) The state veterinarian, acting as the chief
79		-	HEA 1148 — Concur 3
80		-	administrative officer of the center, is authorized to direct
81		-	activities of employees of the board and state board:
82		-	(1) within the statutory authority of each entity; and
83		-	(2) in furtherance of the purposes set forth in IC 15-17.5-2.
84		-	(b) Employees of the board and state board are authorized to
85		-	perform activities to carry out the purposes of either entity. Any
86		-	joint use of personnel shall occur under:
87		-	(1) the applicable administrative standards for the allocation
88		-	of costs between the board and the state board; and
89		-	(2) the approval of the entity for which the activities are being
90		-	performed.
91		-	(c) The state veterinarian may contract for additional
92		-	technology, research, or human resources on behalf of the board
93		-	and the state board:
94		-	(1) under IC 5-22 or other applicable administrative
95		-	standards; and
96		-	(2) with the approval of the regulatory entity or entities that
97		-	are contributing state funds or other resources.
98		-	SECTION 3. IC 23-1.5-1-9, AS AMENDED BY P.L.57-2013,
99		-	SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
100		-	JULY 1, 2023]: Sec. 9. "Licensing authority" means the following:
101		-	(1) In the case of an accounting professional, the Indiana state
102		-	board of public accountancy.
103		-	(2) In the case of an architectural professional, the board of
104		-	registration for architects and landscape architects.
105		-	(3) In the case of an engineering professional, the state board of
106		-	registration for professional engineers.
107		-	(4) In the case of an attorney, the Indiana supreme court.
108		-	(5) In the case of a health care professional, the board (as defined
109		-	in IC 25-1-9-1) that issues the individual's license, certification,
110		-	or registration.
111		-	(6) In the case of a veterinarian, the Indiana board of veterinary
112		-	medical examiners. medicine.
113		-	(7) In the case of a professional surveyor, the state board of
114		-	registration for professional surveyors.
115		-	(8) In the case of a real estate professional, the Indiana real estate
116		-	commission.
117		-	SECTION 4. IC 24-5-0.5-12 IS AMENDED TO READ AS
118		-	FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 12. (a) It is an incurable
119		-	deceptive act for an individual, while soliciting or performing a
120		-	consumer transaction, to claim, either orally or in writing, to possess a
121		-	doctorate degree or use a title, a word, letters, an insignia, or an
122		-	HEA 1148 — Concur 4
123		-	abbreviation associated with a doctorate degree, unless the individual:
124		-	(1) has been awarded a doctorate degree from an institution that
125		-	is:
126		-	(A) accredited by a regional or professional accrediting agency
127		-	recognized by the United States Department of Education or
128		-	the Council on Postsecondary Accreditation;
129		-	(B) a religious seminary, institute, college, or university whose
130		-	certificates, diplomas, or degrees clearly identify the religious
131		-	character of the educational program; or
132		-	(C) operated and supported by a governmental agency; or
133		-	(2) meets the requirements approved by one (1) of the following
134		-	boards:
135		-	(A) Medical licensing board of Indiana.
136		-	(B) State board of dental examiners.
137		-	(C) Indiana optometry board.
138		-	(D) Board of podiatric medicine.
139		-	(E) State psychology board.
140		-	(F) Board of chiropractic examiners.
141		-	(G) Indiana board of veterinary medical examiners. medicine.
142		-	(H) Indiana board of pharmacy.
143		-	(I) Indiana state board of nursing.
144		-	(b) It is an incurable deceptive act for an individual, while soliciting
145		-	or performing a consumer transaction, to claim to be a:
146		-	(1) physician unless the individual holds an unlimited license to
147		-	practice medicine under IC 25-22.5;
148		-	(2) chiropractic physician unless the individual holds a license as
149		-	a chiropractor under IC 25-10-1; or
150		-	(3) podiatric physician unless the individual holds a license as a
151		-	podiatrist under IC 25-29.
152		-	(c) The attorney general shall enforce this section in the same
153		-	manner as any other incurable deceptive act under this chapter.
154		-	SECTION 5. IC 25-0.5-3-27, AS ADDED BY P.L.3-2014,
155		-	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
156		-	JULY 1, 2023]: Sec. 27. IC 25-1-2-6(b) applies to the Indiana board of
157		-	veterinary medical examiners. medicine.
158		-	SECTION 6. IC 25-0.5-4-33, AS ADDED BY P.L.3-2014,
159		-	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
160		-	JULY 1, 2023]: Sec. 33. The Indiana board of veterinary medical
161		-	examiners medicine (IC 25-38.1-2) is a board under IC 25-1-4.
162		-	SECTION 7. IC 25-0.5-5-12 IS REPEALED [EFFECTIVE JULY
163		-	1, 2023]. Sec. 12. The Indiana professional licensing agency shall
164		-	perform administrative functions, duties, and responsibilities for the
165		-	HEA 1148 — Concur 5
166		-	Indiana board of veterinary medical examiners (IC 25-38.1-2) under
167		-	IC 25-1-5-3(a).
168		-	SECTION 8. IC 25-0.5-6-12, AS ADDED BY P.L.3-2014,
169		-	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
170		-	JULY 1, 2023]: Sec. 12. An individual licensed, certified, registered,
171		-	or permitted by the Indiana board of veterinary medical examiners
172		-	medicine (IC 25-38.1-2) is a provider under IC 25-1-5-10.
173		-	SECTION 9. IC 25-0.5-8-20, AS ADDED BY P.L.3-2014,
174		-	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
175		-	JULY 1, 2023]: Sec. 20. An occupation for which a person is licensed,
176		-	certified, or registered by the Indiana board of veterinary medical
177		-	examiners medicine (IC 25-38.1) is a regulated occupation under
178		-	IC 25-1-7.
179		-	SECTION 10. IC 25-0.5-9-20, AS ADDED BY P.L.3-2014,
180		-	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
181		-	JULY 1, 2023]: Sec. 20. The Indiana board of veterinary medical
182		-	examiners medicine (IC 25-38.1-2-1) is a board under IC 25-1-8.
183		-	SECTION 11. IC 25-0.5-10-33, AS ADDED BY P.L.3-2014,
184		-	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
185		-	JULY 1, 2023]: Sec. 33. The Indiana board of veterinary medical
186		-	examiners medicine (IC 25-38.1) is a board under IC 25-1-8-6.
187		-	SECTION 12. IC 25-0.5-11-12, AS ADDED BY P.L.3-2014,
188		-	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
189		-	JULY 1, 2023]: Sec. 12. The Indiana board of veterinary medical
190		-	examiners medicine (IC 25-38.1-2) is a board under IC 25-1-9.
191		-	SECTION 13. IC 25-1-5-10.5 IS ADDED TO THE INDIANA
192		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
193		-	[EFFECTIVE JULY 1, 2023]: Sec. 10.5. The Indiana board of
194		-	veterinary medicine shall provide the agency with the information
195		-	necessary to create and maintain a provider profile under section
196		-	10 of this chapter for each provider (as defined by section 10(a) of
197		-	this chapter) regulated under IC 25-38.1.
198		-	SECTION 14. IC 25-1-7-3, AS AMENDED BY P.L.32-2021,
199		-	SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
200		-	JULY 1, 2023]: Sec. 3. (a) Except as provided in subsections (b), and
201		-	(c), and (d), the division is responsible for the investigation of
202		-	complaints concerning licensees.
203		-	(b) The medical licensing board of Indiana shall investigate a
204		-	complaint concerning a physician licensed under IC 25-22.5 and a
205		-	violation specified in IC 25-22.5-2-8. The division shall forward a
206		-	complaint concerning a physician licensed under IC 25-22.5 and a
207		-	violation specified in IC 25-22.5-2-8 to the medical licensing board of
208		-	HEA 1148 — Concur 6
209		-	Indiana for investigation by the board. However, if the complaint
210		-	includes a violation in addition to a violation specified in
211		-	IC 25-22.5-2-8, the division shall investigate the complaint in its
212		-	entirety and notify the medical licensing board of Indiana of the
213		-	investigation.
214		-	(c) The state board of cosmetology and barber examiners shall
215		-	investigate complaints under IC 25-8-14-5, IC 25-8-4-13, IC 25-8-4-29,
216		-	IC 25-8-9-14, and IC 25-8-15.4-5. The division shall forward a
217		-	complaint concerning the practice of beauty culture under IC 25-8 to
218		-	the state board of cosmetology and barber examiners for investigation
219		-	by the state board of cosmetology and barber examiners. However, if
220		-	the complaint includes a violation in addition to a violation specified
221		-	in IC 25-8-14-5, IC 25-8-4-13, IC 25-8-4-29, IC 25-8-9-14, and
222		-	IC 25-8-15.4-5, the division shall investigate the complaint in its
223		-	entirety and notify the state board of cosmetology and barber examiners
224		-	of the investigation.
225		-	(d) The Indiana board of veterinary medicine and the division
	61	+	1 SECTION 1. IC 15-17-4-5, AS ADDED BY P.L.2-2008, SECTION
	62	+	2 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
	63	+	3 2023]: Sec. 5. The state veterinarian:
	64	+	4 (1) serves as secretary the chief administrative officer of the
	65	+	5 board and performs the duties delegated by the board to the
	66	+	6 state veterinarian;
	67	+	7 (2) provides technical advice and assistance to, and serves as the
	68	+	8 chief administrative officer to of, the Indiana board of
	69	+	9 veterinary medical examiners; medicine under IC 25-38.1; and
	70	+	10 (3) performs the duties delegated by the Indiana board of
	71	+	11 veterinary medicine to the state veterinarian.
	72	+	12 SECTION 2. IC 15-17.5 IS ADDED TO THE INDIANA CODE AS
	73	+	13 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
	74	+	14 2023]:
	75	+	15 ARTICLE 17.5. CENTER FOR ANIMAL POLICY
	76	+	16 Chapter 1. Definitions
	77	+	17 Sec. 1. The definitions in this chapter apply throughout this
	78	+	EH 1148—LS 6750/DI 77 2
	79	+	1 article.
	80	+	2 Sec. 2. "Board" refers to the Indiana board of veterinary
	81	+	3 medicine established by IC 25-38.1-2-1.
	82	+	4 Sec. 3. "Center" refers to the Indiana center for animal policy
	83	+	5 established by IC 15-17.5-2-1.
	84	+	6 Sec. 4. "State board" refers to the Indiana state board of animal
	85	+	7 health established by IC 15-17-3-1.
	86	+	8 Sec. 5. "State veterinarian" refers to the state veterinarian
	87	+	9 appointed under IC 15-17-4-1.
	88	+	10 Chapter 2. Indiana Center for Animal Policy
	89	+	11 Sec. 1. The Indiana center for animal policy is established.
	90	+	12 Sec. 2. The center is comprised of the following entities:
	91	+	13 (1) The state board established by IC 15-17-3-1.
	92	+	14 (2) The board established by IC 25-38.1-2-1.
	93	+	15 Sec. 3. The state veterinarian is the chief administrative officer
	94	+	16 of the center.
	95	+	17 Sec. 4. The center shall protect human and animal health and
	96	+	18 ensure efficient delivery of animal health services and products of
	97	+	19 animal origin in Indiana by doing the following:
	98	+	20 (1) Develop animal policy to address Indiana's need for a
	99	+	21 healthy animal population, a safe food supply, and the
	100	+	22 provision of a diverse range of veterinary medical services.
	101	+	23 (2) Facilitate collaboration between the board and the state
	102	+	24 board on programs that advance animal health, animal
	103	+	25 welfare, food safety, and emergency preparedness.
	104	+	26 (3) Streamline and provide for joint investigations,
	105	+	27 enforcement, and other administrative functions of the board
	106	+	28 and the state board.
	107	+	29 (4) Enhance the ability of veterinarians and other employees
	108	+	30 of the state board appointed under IC 15-17-4-8 to support
	109	+	31 the regulatory mission of the board and the state board.
	110	+	32 (5) Engage in joint outreach and education activities that
	111	+	33 increase opportunities to interface with and support the needs
	112	+	34 of veterinary practitioners, animal owners, and other
	113	+	35 stakeholders.
	114	+	36 (6) Safeguard against any incompetent, dishonest, or
	115	+	37 unprincipled practice of veterinary medicine in Indiana.
	116	+	38 Chapter 3. Administration and Personnel
	117	+	39 Sec. 1. (a) The center shall facilitate the coordination of
	118	+	40 regulatory duties of the state board and the board upon the
	119	+	41 approval of each respective entity, as set forth in a memoranda of
	120	+	42 understanding or other agreement.
	121	+	EH 1148—LS 6750/DI 77 3
	122	+	1 (b) Nothing in this article shall be construed to amend the
	123	+	2 independent duties, authorities, and funding mechanisms of the
	124	+	3 board and the state board.
	125	+	4 Sec. 2. (a) The state veterinarian, acting as the chief
	126	+	5 administrative officer of the center, is authorized to direct
	127	+	6 activities of employees of the board and state board:
	128	+	7 (1) within the statutory authority of each entity; and
	129	+	8 (2) in furtherance of the purposes set forth in IC 15-17.5-2.
	130	+	9 (b) Employees of the board and state board are authorized to
	131	+	10 perform activities to carry out the purposes of either entity. Any
	132	+	11 joint use of personnel shall occur under:
	133	+	12 (1) the applicable administrative standards for the allocation
	134	+	13 of costs between the board and the state board; and
	135	+	14 (2) the approval of the entity for which the activities are being
	136	+	15 performed.
	137	+	16 (c) The state veterinarian may contract for additional
	138	+	17 technology, research, or human resources on behalf of the board
	139	+	18 and the state board:
	140	+	19 (1) under IC 5-22 or other applicable administrative
	141	+	20 standards; and
	142	+	21 (2) with the approval of the regulatory entity or entities that
	143	+	22 are contributing state funds or other resources.
	144	+	23 SECTION 3. IC 23-1.5-1-9, AS AMENDED BY P.L.57-2013,
	145	+	24 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	146	+	25 JULY 1, 2023]: Sec. 9. "Licensing authority" means the following:
	147	+	26 (1) In the case of an accounting professional, the Indiana state
	148	+	27 board of public accountancy.
	149	+	28 (2) In the case of an architectural professional, the board of
	150	+	29 registration for architects and landscape architects.
	151	+	30 (3) In the case of an engineering professional, the state board of
	152	+	31 registration for professional engineers.
	153	+	32 (4) In the case of an attorney, the Indiana supreme court.
	154	+	33 (5) In the case of a health care professional, the board (as defined
	155	+	34 in IC 25-1-9-1) that issues the individual's license, certification,
	156	+	35 or registration.
	157	+	36 (6) In the case of a veterinarian, the Indiana board of veterinary
	158	+	37 medical examiners. medicine.
	159	+	38 (7) In the case of a professional surveyor, the state board of
	160	+	39 registration for professional surveyors.
	161	+	40 (8) In the case of a real estate professional, the Indiana real estate
	162	+	41 commission.
	163	+	42 SECTION 4. IC 24-5-0.5-12 IS AMENDED TO READ AS
	164	+	EH 1148—LS 6750/DI 77 4
	165	+	1 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 12. (a) It is an incurable
	166	+	2 deceptive act for an individual, while soliciting or performing a
	167	+	3 consumer transaction, to claim, either orally or in writing, to possess a
	168	+	4 doctorate degree or use a title, a word, letters, an insignia, or an
	169	+	5 abbreviation associated with a doctorate degree, unless the individual:
	170	+	6 (1) has been awarded a doctorate degree from an institution that
	171	+	7 is:
	172	+	8 (A) accredited by a regional or professional accrediting agency
	173	+	9 recognized by the United States Department of Education or
	174	+	10 the Council on Postsecondary Accreditation;
	175	+	11 (B) a religious seminary, institute, college, or university whose
	176	+	12 certificates, diplomas, or degrees clearly identify the religious
	177	+	13 character of the educational program; or
	178	+	14 (C) operated and supported by a governmental agency; or
	179	+	15 (2) meets the requirements approved by one (1) of the following
	180	+	16 boards:
	181	+	17 (A) Medical licensing board of Indiana.
	182	+	18 (B) State board of dental examiners.
	183	+	19 (C) Indiana optometry board.
	184	+	20 (D) Board of podiatric medicine.
	185	+	21 (E) State psychology board.
	186	+	22 (F) Board of chiropractic examiners.
	187	+	23 (G) Indiana board of veterinary medical examiners. medicine.
	188	+	24 (H) Indiana board of pharmacy.
	189	+	25 (I) Indiana state board of nursing.
	190	+	26 (b) It is an incurable deceptive act for an individual, while soliciting
	191	+	27 or performing a consumer transaction, to claim to be a:
	192	+	28 (1) physician unless the individual holds an unlimited license to
	193	+	29 practice medicine under IC 25-22.5;
	194	+	30 (2) chiropractic physician unless the individual holds a license as
	195	+	31 a chiropractor under IC 25-10-1; or
	196	+	32 (3) podiatric physician unless the individual holds a license as a
	197	+	33 podiatrist under IC 25-29.
	198	+	34 (c) The attorney general shall enforce this section in the same
	199	+	35 manner as any other incurable deceptive act under this chapter.
	200	+	36 SECTION 5. IC 25-0.5-3-27, AS ADDED BY P.L.3-2014,
	201	+	37 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	202	+	38 JULY 1, 2023]: Sec. 27. IC 25-1-2-6(b) applies to the Indiana board of
	203	+	39 veterinary medical examiners. medicine.
	204	+	40 SECTION 6. IC 25-0.5-4-33, AS ADDED BY P.L.3-2014,
	205	+	41 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	206	+	42 JULY 1, 2023]: Sec. 33. The Indiana board of veterinary medical
	207	+	EH 1148—LS 6750/DI 77 5
	208	+	1 examiners medicine (IC 25-38.1-2) is a board under IC 25-1-4.
	209	+	2 SECTION 7. IC 25-0.5-5-12 IS REPEALED [EFFECTIVE JULY
	210	+	3 1, 2023]. Sec. 12. The Indiana professional licensing agency shall
	211	+	4 perform administrative functions, duties, and responsibilities for the
	212	+	5 Indiana board of veterinary medical examiners (IC 25-38.1-2) under
	213	+	6 IC 25-1-5-3(a).
	214	+	7 SECTION 8. IC 25-0.5-6-12, AS ADDED BY P.L.3-2014,
	215	+	8 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	216	+	9 JULY 1, 2023]: Sec. 12. An individual licensed, certified, registered,
	217	+	10 or permitted by the Indiana board of veterinary medical examiners
	218	+	11 medicine (IC 25-38.1-2) is a provider under IC 25-1-5-10.
	219	+	12 SECTION 9. IC 25-0.5-8-20, AS ADDED BY P.L.3-2014,
	220	+	13 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	221	+	14 JULY 1, 2023]: Sec. 20. An occupation for which a person is licensed,
	222	+	15 certified, or registered by the Indiana board of veterinary medical
	223	+	16 examiners medicine (IC 25-38.1) is a regulated occupation under
	224	+	17 IC 25-1-7.
	225	+	18 SECTION 10. IC 25-0.5-9-20, AS ADDED BY P.L.3-2014,
	226	+	19 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	227	+	20 JULY 1, 2023]: Sec. 20. The Indiana board of veterinary medical
	228	+	21 examiners medicine (IC 25-38.1-2-1) is a board under IC 25-1-8.
	229	+	22 SECTION 11. IC 25-0.5-10-33, AS ADDED BY P.L.3-2014,
	230	+	23 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	231	+	24 JULY 1, 2023]: Sec. 33. The Indiana board of veterinary medical
	232	+	25 examiners medicine (IC 25-38.1) is a board under IC 25-1-8-6.
	233	+	26 SECTION 12. IC 25-0.5-11-12, AS ADDED BY P.L.3-2014,
	234	+	27 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	235	+	28 JULY 1, 2023]: Sec. 12. The Indiana board of veterinary medical
	236	+	29 examiners medicine (IC 25-38.1-2) is a board under IC 25-1-9.
	237	+	30 SECTION 13. IC 25-1-5-10.5 IS ADDED TO THE INDIANA
	238	+	31 CODE AS A NEW SECTION TO READ AS FOLLOWS
	239	+	32 [EFFECTIVE JULY 1, 2023]: Sec. 10.5. The Indiana board of
	240	+	33 veterinary medicine shall provide the agency with the information
	241	+	34 necessary to create and maintain a provider profile under section
	242	+	35 10 of this chapter for each provider (as defined by section 10(a) of
	243	+	36 this chapter) regulated under IC 25-38.1.
	244	+	37 SECTION 14. IC 25-1-7-3, AS AMENDED BY P.L.32-2021,
	245	+	38 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	246	+	39 JULY 1, 2023]: Sec. 3. (a) Except as provided in subsections (b), and
	247	+	40 (c), and (d), the division is responsible for the investigation of
	248	+	41 complaints concerning licensees.
	249	+	42 (b) The medical licensing board of Indiana shall investigate a
	250	+	EH 1148—LS 6750/DI 77 6
	251	+	1 complaint concerning a physician licensed under IC 25-22.5 and a
	252	+	2 violation specified in IC 25-22.5-2-8. The division shall forward a
	253	+	3 complaint concerning a physician licensed under IC 25-22.5 and a
	254	+	4 violation specified in IC 25-22.5-2-8 to the medical licensing board of
	255	+	5 Indiana for investigation by the board. However, if the complaint
	256	+	6 includes a violation in addition to a violation specified in
	257	+	7 IC 25-22.5-2-8, the division shall investigate the complaint in its
	258	+	8 entirety and notify the medical licensing board of Indiana of the
	259	+	9 investigation.
	260	+	10 (c) The state board of cosmetology and barber examiners shall
	261	+	11 investigate complaints under IC 25-8-14-5, IC 25-8-4-13, IC 25-8-4-29,
	262	+	12 IC 25-8-9-14, and IC 25-8-15.4-5. The division shall forward a
	263	+	13 complaint concerning the practice of beauty culture under IC 25-8 to
	264	+	14 the state board of cosmetology and barber examiners for investigation
	265	+	15 by the state board of cosmetology and barber examiners. However, if
	266	+	16 the complaint includes a violation in addition to a violation specified
	267	+	17 in IC 25-8-14-5, IC 25-8-4-13, IC 25-8-4-29, IC 25-8-9-14, and
	268	+	18 IC 25-8-15.4-5, the division shall investigate the complaint in its
	269	+	19 entirety and notify the state board of cosmetology and barber examiners
	270	+	20 of the investigation.
	271	+	21 (d) The Indiana board of veterinary medicine and the division
	272	+	22 shall enter into a memorandum of understanding that establishes
	273	+	23 a process for sharing information between the division and the
	274	+	24 Indiana board of veterinary medicine concerning complaints
	275	+	25 received and the investigation of complaints of violations of
	276	+	26 IC 25-38.1. The memorandum of understanding shall include,
	277	+	27 without limitation, a process for providing information to the state
	278	+	28 veterinarian on behalf of the Indiana board of veterinary medicine,
	279	+	29 including complaints received, investigations conducted on behalf
	280	+	30 of the Indiana board of veterinary medicine, and case dispositions.
	281	+	31 SECTION 15. IC 25-1-7-5, AS AMENDED BY P.L.227-2015,
	282	+	32 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	283	+	33 JULY 1, 2023]: Sec. 5. (a) Subsection (b)(1) does not apply to:
	284	+	34 (1) a complaint filed by:
	285	+	35 (A) a member of any of the entities described in IC 25-0.5-8;
	286	+	36 or
	287	+	37 (B) the Indiana professional licensing agency; or
	288	+	38 (2) a complaint filed under IC 25-1-5-4.
	289	+	39 (b) Except as provided in section 3(b), or 3(c), or 3(d) of this
	290	+	40 chapter, the director has the following duties and powers:
	291	+	41 (1) The director shall make an initial determination as to the merit
	292	+	42 of each complaint. A copy of a complaint having merit shall be
	293	+	EH 1148—LS 6750/DI 77 7
	294	+	1 submitted to the board having jurisdiction over the licensee's
	295	+	2 regulated occupation, that board thereby acquiring jurisdiction
	296	+	3 over the matter except as otherwise provided in this chapter.
	297	+	4 (2) The director shall through any reasonable means notify the
	298	+	5 licensee of the nature and ramifications of the complaint and of
	299	+	6 the duty of the board to attempt to resolve the complaint through
	300	+	7 negotiation.
	301	+	8 (3) The director shall report any pertinent information regarding
	302	+	9 the status of the complaint to the complainant.
	303	+	10 (4) The director may investigate any written complaint against a
	304	+	11 licensee. The investigation shall be limited to those areas in which
	305	+	12 there appears to be a violation of statutes governing the regulated
	306	+	13 occupation.
	307	+	14 (5) The director has the power to subpoena witnesses and to send
	308	+	15 for and compel the production of books, records, papers, and
	309	+	16 documents for the furtherance of any investigation under this
	310	+	17 chapter. The circuit or superior court located in the county where
	311	+	18 the subpoena is to be issued shall enforce any such subpoena by
	312	+	19 the director.
	313	+	20 SECTION 16. IC 25-38.1-1-4 IS REPEALED [EFFECTIVE JULY
	314	+	21 1, 2023]. Sec. 4. "Agency" refers to the Indiana professional licensing
	315	+	22 agency established by IC 25-1-5-3.
	316	+	23 SECTION 17. IC 25-38.1-1-7, AS ADDED BY P.L.2-2008,
	317	+	24 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	318	+	25 JULY 1, 2023]: Sec. 7. "Board" means the Indiana board of veterinary
	319	+	26 medical examiners medicine established by IC 25-38.1-2-1.
	320	+	27 SECTION 18. IC 25-38.1-1-13.4 IS ADDED TO THE INDIANA
	321	+	28 CODE AS A NEW SECTION TO READ AS FOLLOWS
	322	+	29 [EFFECTIVE JULY 1, 2023]: Sec. 13.4. "State board" refers to the
	323	+	30 Indiana state board of animal health established by IC 15-17-3-1.
	324	+	31 SECTION 19. IC 25-38.1-2-1, AS AMENDED BY P.L.249-2019,
	325	+	32 SECTION 137, IS AMENDED TO READ AS FOLLOWS
	326	+	33 [EFFECTIVE JULY 1, 2023]: Sec. 1. (a) The Indiana board of
	327	+	34 veterinary medical examiners medicine is established.
	328	+	35 (b) Subject to IC 25-1-6.5-3, the board consists of seven (7)
	329	+	36 members appointed by the governor.
	330	+	37 (c) One (1) of the board members must be a registered veterinary
	331	+	38 technician.
	332	+	39 (d) One (1) of the board members must be appointed to represent
	333	+	40 the general public.
	334	+	41 (e) Not more than four (4) board members may be affiliated with the
	335	+	42 same political party.
	336	+	EH 1148—LS 6750/DI 77 8
	337	+	1 (f) A board member may be removed under IC 25-1-6.5-4.
	338	+	2 SECTION 20. IC 25-38.1-2-5, AS ADDED BY P.L.2-2008,
	339	+	3 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	340	+	4 JULY 1, 2023]: Sec. 5. (a) The board shall hold an annual meeting in
	341	+	5 Indianapolis and other regular meetings during the year at places the
	342	+	6 board sets.
	343	+	7 (b) The board may hold special meetings as necessary. The
	344	+	8 chairperson or two (2) members of the board may call a special
	345	+	9 meeting.
	346	+	10 (c) Four (4) members of the board constitute a quorum.
	347	+	11 (d) All meetings must be open and public. However, the board may
	348	+	12 meet in closed session:
	349	+	13 (1) to prepare, approve, administer, or grade examinations;
	350	+	14 (2) to deliberate the qualifications of an applicant for license or
	351	+	15 registration; or
	352	+	16 (3) to deliberate the disposition of a proceeding to discipline a
	353	+	17 licensed veterinarian or registered veterinary technician.
	354	+	18 (e) Minutes of each regular and special meeting shall be compiled
	355	+	19 and kept as a permanent record in the same office as other records of
	356	+	20 the board are kept. The agency board is responsible for the care and
	357	+	21 safekeeping of the minutes.
	358	+	22 SECTION 21. IC 25-38.1-2-7, AS AMENDED BY P.L.58-2008,
	359	+	23 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	360	+	24 JULY 1, 2023]: Sec. 7. (a) At its annual meeting, the board shall elect
	361	+	25 a chairperson and vice chairperson and other necessary officers
	362	+	26 determined by the board. Officers shall serve for a term of one (1) year
	363	+	27 or until a successor is elected. There is no limitation on the number of
	364	+	28 terms an officer may serve.
	365	+	29 (b) The state veterinarian shall be the chief administrative officer
	366	+	30 of and technical adviser of to the board.
	367	+	31 (c) The duties of the agency state veterinarian are the duties the
	368	+	32 board delegates to the state veterinarian and include:
	369	+	33 (1) corresponding for the board;
	370	+	34 (2) keeping accounts and records of all receipts and
	371	+	35 disbursements by the board;
	372	+	36 (3) keeping records of all applications for license or registration;
	373	+	37 (4) keeping a register of all persons currently licensed or
	374	+	38 registered by the board;
	375	+	39 (5) keeping permanent records of all board proceedings; and
	376	+	40 (6) administering the veterinary investigative fund established by
	377	+	41 section 25 of this chapter;
	378	+	42 (6) performing any other administrative function of the board
	379	+	EH 1148—LS 6750/DI 77 9
	380	+	1 delegated by the board.
	381	+	2 SECTION 22. IC 25-38.1-2-14.5 IS ADDED TO THE INDIANA
	382	+	3 CODE AS A NEW SECTION TO READ AS FOLLOWS
	383	+	4 [EFFECTIVE JULY 1, 2023]: Sec. 14.5. If the board determines that
	384	+	5 an emergency presents a risk to the delivery of competent, honest,
	385	+	6 and principled veterinary services in Indiana as described in
	386	+	7 IC 15-17.5-2-4, the board may adopt emergency rules in the
	387	+	8 manner provided under IC 4-22-2-37.1 that:
	388	+	9 (1) suspend or modify licensing, examination, continuing
	389	+	10 education, or permit requirements under this article; or
	390	+	11 (2) implement measures that safeguard the health, safety, and
	391	+	12 welfare of the citizens and animals of Indiana.
	392	+	13 SECTION 23. IC 25-38.1-2-15, AS ADDED BY P.L.2-2008,
	393	+	14 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	394	+	15 JULY 1, 2023]: Sec. 15. (a) Subject to IC 25-1-7, the board may
	395	+	16 conduct investigations for the purpose of discovering violations of this
	396	+	17 article by:
	397	+	18 (1) licensed veterinarians or registered veterinary technicians; or
	398	+	19 (2) persons practicing veterinary medicine without a license or
	399	+	20 persons practicing as a registered veterinary technician without
	400	+	21 being registered.
	401	+	22 (b) The board, and the state veterinarian if authorized by the
	402	+	23 board, has the power to subpoena witnesses and to send for and
	403	+	24 compel the production of books, records, papers, and documents
	404	+	25 for the furtherance of any investigation under this chapter. The
	405	+	26 circuit or superior court located in the county where the subpoena
	406	+	27 is to be issued shall enforce the subpoena.
	407	+	28 SECTION 24. IC 25-38.1-2-19, AS AMENDED BY P.L.58-2008,
	408	+	29 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	409	+	30 JULY 1, 2023]: Sec. 19. (a) The board shall establish by rule under
	410	+	31 IC 25-1-8 fees sufficient to implement this article, including fees for
	411	+	32 examining and licensing veterinarians and for examining and
	412	+	33 registering veterinary technicians.
	413	+	34 (b) In addition to the fee to issue or renew a license, registration, or
	414	+	35 permit, the board may establish a fee of not more than ten dollars ($10)
	415	+	36 per year for a person who holds a license or special permit as a
	416	+	37 veterinarian or a registration or special permit as a veterinary
	417	+	38 technician to provide funds for administering and enforcing the
	418	+	39 provisions of this article, including investigating and taking action
	419	+	40 against persons who violate this article. All funds collected under this
	420	+	41 subsection shall be deposited in the veterinary investigative medicine
	421	+	42 fund established by section 25 of this chapter.
	422	+	EH 1148—LS 6750/DI 77 10
	423	+	1 (c) The fees established under this section shall be charged and
	424	+	2 collected by the agency. state board.
	425	+	3 SECTION 25. IC 25-38.1-2-22, AS ADDED BY P.L.2-2008,
	426	+	4 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	427	+	5 JULY 1, 2023]: Sec. 22. The agency state board shall provide the
	428	+	6 board with full full-time or part-time professional and clerical
	429	+	7 personnel and supplies, including printed matter and equipment,
	430	+	8 necessary to implement this article.
	431	+	9 SECTION 26. IC 25-38.1-2-25, AS ADDED BY P.L.58-2008,
	432	+	10 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	433	+	11 JULY 1, 2023]: Sec. 25. (a) The veterinary investigative medicine fund
	434	+	12 is established to provide funds for administering and enforcing the
	435	+	13 provisions of this article, including investigating and taking
	436	+	14 enforcement action against violators of this article. The fund shall be
	437	+	15 administered by the agency. state board for the board.
	438	+	16 (b) The expenses of administering the fund shall be paid from the
	439	+	17 money in the fund. The fund consists of money from the fee imposed
	440	+	18 under section 19(b) of this chapter.
	441	+	19 (c) The treasurer of state shall invest the money in the fund not
	442	+	20 currently needed to meet the obligations of the fund in the same
	443	+	21 manner as other public money may be invested.
	444	+	22 (d) Money in the fund at the end of a state fiscal year does not revert
	445	+	23 to the state general fund. However, if the total amount in the fund
	446	+	24 exceeds seven hundred fifty thousand dollars ($750,000) at the end of
	447	+	25 a state fiscal year after payment of all claims and expenses, the amount
	448	+	26 that exceeds seven hundred fifty thousand dollars ($750,000) reverts
	449	+	27 to the state general fund.
	450	+	28 (e) Money in the fund is continually appropriated to the agency
	451	+	29 state board for its use in administering and enforcing this article,
	452	+	30 conducting investigations, and taking enforcement action against
	453	+	31 persons violating this article.
	454	+	32 (f) The attorney general, and the agency board, and the state
	455	+	33 board may enter into a memorandum of understanding to provide the
	456	+	34 attorney general with funds to conduct investigations and pursue
	457	+	35 enforcement action against violators of this article.
	458	+	36 (g) The attorney general and the agency state board shall present
	459	+	37 the memorandum of understanding annually to the board for review.
	460	+	38 SECTION 27. IC 25-38.1-2-26 IS ADDED TO THE INDIANA
	461	+	39 CODE AS A NEW SECTION TO READ AS FOLLOWS
	462	+	40 [EFFECTIVE JULY 1, 2023]: Sec. 26. (a) Any reference in a law,
	463	+	41 rule, license, permit, registration, certification, order, agreement,
	464	+	42 or other document to or by the Indiana board of veterinary
	465	+	EH 1148—LS 6750/DI 77 11
	466	+	1 medical examiners shall be treated after June 30, 2023, as a
	467	+	2 reference to the board.
	468	+	3 (b) Any rules adopted by the Indiana board of veterinary
	469	+	4 medical examiners before July 1, 2023, are considered, after June
	470	+	5 30, 2023, rules of the board.
	471	+	6 SECTION 28. IC 25-38.1-3-4, AS AMENDED BY P.L.58-2008,
	472	+	7 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	473	+	8 JULY 1, 2023]: Sec. 4. (a) The board shall hold at least one (1)
	474	+	9 examination for licensing veterinarians and one (1) examination for
	475	+	10 registering veterinary technicians each year. However, the board may
	476	+	11 hold additional examinations. The agency board shall give notice of
	477	+	12 the date, time, and place for each examination at least ninety (90) days
	478	+	13 before the date set for the examination. A person desiring to take an
	479	+	14 examination must make application not later than the time the board
	480	+	15 prescribes under IC 25-38.1-2-12.
	481	+	16 (b) The board must approve the preparation, administration, and
	482	+	17 grading of examinations that comply with the following requirements:
	483	+	18 (1) Examinations for licensure to practice as a veterinarian must
	484	+	19 be designed to test the examinee's knowledge of and proficiency
	485	+	20 in the subjects and techniques commonly taught in veterinary
	486	+	21 schools. To pass the examination, the examinee must demonstrate
	487	+	22 scientific and practical knowledge sufficient to prove to the board
	488	+	23 that the examinee is competent to practice veterinary medicine.
	489	+	24 The board may adopt and use examinations approved by the
	490	+	25 National Board of Veterinary Medical Examiners for licensure to
	491	+	26 practice veterinary medicine.
	492	+	27 (2) Examinations for registration as a registered veterinary
	493	+	28 technician must be designed to test the examinee's knowledge of
	494	+	29 and proficiency in the subjects and techniques commonly taught
	495	+	30 in schools for veterinary technicians. To pass the examination, the
	496	+	31 examinee must demonstrate scientific and practical knowledge
	497	+	32 sufficient to prove to the board that the examinee is competent to
	498	+	33 act as a registered veterinary technician. The board may adopt and
	499	+	34 use examinations approved by the American Association of
	500	+	35 Veterinary State Boards for registration as a veterinary technician.
	501	+	36 (c) To qualify for a license as a veterinarian or to be registered as a
	502	+	37 veterinary technician, the applicant must attain a passing score in the
	503	+	38 examinations.
	504	+	39 (d) After the examinations, the agency board shall notify each
	505	+	40 examinee of the result of the examinee's examinations. The board shall
	506	+	41 issue a license or registration certificate, as appropriate, to each
	507	+	42 individual who successfully completes the examinations and is
	508	+	EH 1148—LS 6750/DI 77 12
	509	+	1 otherwise qualified. The agency board shall keep a permanent record
	510	+	2 of the issuance of each license or registration certificate.
	511	+	3 (e) An individual who fails to pass the required examinations may
	512	+	4 apply to take a subsequent examination. Payment of the examination
	513	+	5 fee may not be waived.
	514	+	6 (f) If an applicant fails to pass the required examination within three
	515	+	7 (3) attempts in Indiana or any other state, the applicant may not retake
	516	+	8 the required examination. The applicant may take subsequent
	517	+	9 examinations upon approval by the board and completion of remedial
	518	+	10 education as required by the board.
	519	+	11 SECTION 29. IC 25-38.1-3-11, AS AMENDED BY P.L.177-2015,
	520	+	12 SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	521	+	13 JULY 1, 2023]: Sec. 11. (a) Subject to IC 25-1-2-6(e), a license issued
	522	+	14 under this chapter is valid until the next renewal date described under
	523	+	15 subsection (b).
	524	+	16 (b) All licenses expire on a date set by the agency board in each
	525	+	17 odd-numbered year but may be renewed by application to the board
	526	+	18 and payment of the proper renewal fee. In accordance with
	527	+	19 IC 25-1-5-4(c), the agency board shall mail a notice ninety (90) days
	528	+	20 before the expiration to each licensed veterinarian. The agency board
	529	+	21 shall issue a license renewal to each individual licensed under this
	530	+	22 chapter if the proper fee has been received and all other requirements
	531	+	23 for renewal of the license have been satisfied. Failure to renew a
	532	+	24 license on or before the expiration date automatically renders the
	533	+	25 license invalid without any action by the board.
	534	+	26 SECTION 30. IC 25-38.1-3-12, AS AMENDED BY P.L.177-2015,
	535	+	27 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	536	+	28 JULY 1, 2023]: Sec. 12. (a) Subject to IC 25-1-2-6(e), a registration
	537	+	29 certificate issued under this chapter is valid until the next renewal date
	538	+	30 described under subsection (b).
	539	+	31 (b) Subject to IC 25-1-2-6(e), all registration certificates expire on
	540	+	32 a date set by the agency board of each even-numbered year but may be
	541	+	33 renewed by application to the board and payment of the proper renewal
	542	+	34 fee. In accordance with IC 25-1-5-4(c), the agency board shall mail a
	543	+	35 notice ninety (90) days before the expiration to each registered
	544	+	36 veterinary technician. The agency board shall issue a registration
	545	+	37 certificate renewal to each individual registered under this chapter if
	546	+	38 the proper fee has been received and all other requirements for renewal
	547	+	39 of the registration certificate have been satisfied. Failure to renew a
	548	+	40 registration certificate on or before the expiration date automatically
	549	+	41 renders the license invalid without any action by the board.
	550	+	42 SECTION 31. IC 25-38.1-5-5, AS ADDED BY P.L.58-2008,
	551	+	EH 1148—LS 6750/DI 77 13
	552	+	1 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	553	+	2 JULY 1, 2023]: Sec. 5. (a) The impaired veterinary health care
	554	+	3 provider fund is established to provide money for rehabilitation of
	555	+	4 impaired veterinary health care providers under this chapter. The
	556	+	5 agency state board shall administer the fund for the board.
	557	+	6 (b) Expenses of administering the fund shall be paid from money in
	558	+	7 the fund. The fund consists of any grants or public and private financial
	559	+	8 assistance designated for the fund.
	560	+	9 (c) The treasurer of state shall invest the money in the fund not
	561	+	10 currently needed to meet the obligations of the fund in the same
	562	+	11 manner as other public money may be invested.
	563	+	12 (d) Money in the fund at the end of a state fiscal year does not revert
	564	+	13 to the state general fund.
	565	+	14 (e) Money in the fund is appropriated to the board for the purpose
	566	+	15 stated in subsection (a).
	567	+	16 SECTION 32. IC 35-48-3-2, AS AMENDED BY P.L.84-2010,
	568	+	17 SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	569	+	18 JULY 1, 2023]: Sec. 2. (a) Any humane society, animal control agency,
	570	+	19 or governmental entity operating an animal shelter or other animal
	571	+	20 impounding facility is entitled to receive a limited permit only for the
	572	+	21 purpose of buying, possessing, and using:
	573	+	22 (1) sodium pentobarbital to euthanize injured, sick, homeless, or
	574	+	23 unwanted domestic pets and animals;
	575	+	24 (2) ketamine and ketamine products to anesthetize or immobilize
	576	+	25 fractious domestic pets and animals; and
	577	+	26 (3) a combination product containing tiletimine and zolazepam as
	578	+	27 an agent for the remote chemical capture of domestic pets or
	579	+	28 animals that otherwise cannot be restrained or captured.
	580	+	29 (b) A humane society, animal control agency, or governmental
	581	+	30 entity entitled to receive a permit under this chapter must:
	582	+	31 (1) apply to the board according to the rules established by the
	583	+	32 board;
	584	+	33 (2) pay annually to the board a fee set by the board for the limited
	585	+	34 permit; and
	586	+	35 (3) submit proof, as determined by the board, that the employees
	587	+	36 of an applicant who will handle a controlled substance are
	588	+	37 sufficiently trained to use and administer the controlled substance.
	589	+	38 (c) All fees collected by the board under this section shall be
	590	+	39 credited to the state board of pharmacy account.
	591	+	40 (d) Storage, handling, and use of controlled substances obtained
	592	+	41 according to this section are subject to the rules adopted by the board.
	593	+	42 (e) Before issuing a permit under this section, the board may consult
	594	+	EH 1148—LS 6750/DI 77 14
	595	+	1 with the Indiana board of veterinary medical examiners. medicine.
	596	+	2 SECTION 33. IC 35-48-3-4, AS AMENDED BY P.L.84-2010,
	597	+	3 SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	598	+	4 JULY 1, 2023]: Sec. 4. (a) The board shall register an applicant to
	599	+	5 manufacture or distribute controlled substances unless it determines
	600	+	6 that the issuance of that registration would be inconsistent with the
	601	+	7 public interest. In determining the public interest, the board shall
	602	+	8 consider:
	603	+	9 (1) maintenance of effective controls against diversion of
	604	+	10 controlled substances into other than legitimate medical,
	605	+	11 scientific, or industrial channels;
	606	+	12 (2) compliance with applicable state and local law;
	607	+	13 (3) any convictions of the applicant under any federal and state
	608	+	14 laws relating to any controlled substance;
	609	+	15 (4) past experience in the manufacture or distribution of
	610	+	16 controlled substances, and the existence in the applicant's
	611	+	17 establishment of effective controls against diversion;
	612	+	18 (5) furnishing by the applicant of false or fraudulent material in
	613	+	19 any application filed under this article;
	614	+	20 (6) suspension or revocation of the applicant's federal registration
	615	+	21 to manufacture, distribute, or dispense controlled substances as
	616	+	22 authorized by federal law; and
	617	+	23 (7) any other factors relevant to and consistent with the public
	618	+	24 health and safety.
	619	+	25 (b) Registration under subsection (a) of this section does not entitle
	620	+	26 a registrant to manufacture and distribute controlled substances in
	621	+	27 schedules I or II other than those specified in the registration.
	622	+	28 (c) Practitioners must be registered to dispense any controlled
	623	+	29 substances or to conduct research with controlled substances in
	624	+	30 schedules II through V if they are authorized to dispense or conduct
	625	+	31 research under the law of this state. The board need not require
	626	+	32 separate registration under this chapter for practitioners engaging in
	627	+	33 research with nonnarcotic controlled substances in schedules II through
	628	+	34 V where the registrant is already registered under this chapter in
	629	+	35 another capacity, to the extent authorized by his the registrant's
	630	+	36 registration in that other capacity.
	631	+	37 (d) Registration to conduct research or instructional activities with
	632	+	38 controlled substances in schedules I through V does not entitle a
	633	+	39 registrant to conduct research or instructional activities with controlled
	634	+	40 substances other than those approved by the board in accordance with
	635	+	41 the registration.
	636	+	42 (e) The board may consult with the Indiana board of veterinary
	637	+	EH 1148—LS 6750/DI 77 15
	638	+	1 medical examiners medicine before issuing a registration to a person:
	639	+	2 (1) who seeks to conduct research or instructional activities with
	640	+	3 controlled substances in schedules I through IV; and
	641	+	4 (2) whose activities constitute the practice of veterinary medicine
	642	+	5 (as defined by IC 25-38.1-1-12).
	643	+	6 (f) Compliance by manufacturers and distributors with the
	644	+	7 provisions of the federal law respecting registration (excluding fees)
	645	+	8 entitles them to be registered under this article.
	646	+	EH 1148—LS 6750/DI 77 16
	647	+	COMMITTEE REPORT
	648	+	Mr. Speaker: Your Committee on Agriculture and Rural
	649	+	Development, to which was referred House Bill 1148, has had the same
	650	+	under consideration and begs leave to report the same back to the
	651	+	House with the recommendation that said bill do pass.
	652	+	(Reference is to HB 1148 as introduced.)
	653	+	LEHE
	654	+	Committee Vote: Yeas 12, Nays 0
	655	+	_____
	656	+	HOUSE MOTION
	657	+	Mr. Speaker: I move that House Bill 1148 be amended to read as
	658	+	follows:
	659	+	Page 6, delete lines 21 through 33, begin a new paragraph and
	660	+	insert:
	661	+	"(d) The Indiana board of veterinary medicine and the division
226	662		shall enter into a memorandum of understanding that establishes
227	663		a process for sharing information between the division and the
228	664		Indiana board of veterinary medicine concerning complaints
229	665		received and the investigation of complaints of violations of
230	666		IC 25-38.1. The memorandum of understanding shall include,
231	667		without limitation, a process for providing information to the state
232	668		veterinarian on behalf of the Indiana board of veterinary medicine,
233	669		including complaints received, investigations conducted on behalf
234		-	of the Indiana board of veterinary medicine, and case dispositions.
235		-	SECTION 15. IC 25-1-7-5, AS AMENDED BY P.L.227-2015,
236		-	SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
237		-	JULY 1, 2023]: Sec. 5. (a) Subsection (b)(1) does not apply to:
238		-	(1) a complaint filed by:
239		-	(A) a member of any of the entities described in IC 25-0.5-8;
240		-	or
241		-	(B) the Indiana professional licensing agency; or
242		-	(2) a complaint filed under IC 25-1-5-4.
243		-	(b) Except as provided in section 3(b), or 3(c), or 3(d) of this
244		-	chapter, the director has the following duties and powers:
245		-	(1) The director shall make an initial determination as to the merit
246		-	of each complaint. A copy of a complaint having merit shall be
247		-	submitted to the board having jurisdiction over the licensee's
248		-	regulated occupation, that board thereby acquiring jurisdiction
249		-	over the matter except as otherwise provided in this chapter.
250		-	(2) The director shall through any reasonable means notify the
251		-	HEA 1148 — Concur 7
252		-	licensee of the nature and ramifications of the complaint and of
253		-	the duty of the board to attempt to resolve the complaint through
254		-	negotiation.
255		-	(3) The director shall report any pertinent information regarding
256		-	the status of the complaint to the complainant.
257		-	(4) The director may investigate any written complaint against a
258		-	licensee. The investigation shall be limited to those areas in which
259		-	there appears to be a violation of statutes governing the regulated
260		-	occupation.
261		-	(5) The director has the power to subpoena witnesses and to send
262		-	for and compel the production of books, records, papers, and
263		-	documents for the furtherance of any investigation under this
264		-	chapter. The circuit or superior court located in the county where
265		-	the subpoena is to be issued shall enforce any such subpoena by
266		-	the director.
267		-	SECTION 16. IC 25-38.1-1-4 IS REPEALED [EFFECTIVE JULY
268		-	1, 2023]. Sec. 4. "Agency" refers to the Indiana professional licensing
269		-	agency established by IC 25-1-5-3.
270		-	SECTION 17. IC 25-38.1-1-7, AS ADDED BY P.L.2-2008,
271		-	SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
272		-	JULY 1, 2023]: Sec. 7. "Board" means the Indiana board of veterinary
273		-	medical examiners medicine established by IC 25-38.1-2-1.
274		-	SECTION 18. IC 25-38.1-1-13.4 IS ADDED TO THE INDIANA
275		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
276		-	[EFFECTIVE JULY 1, 2023]: Sec. 13.4. "State board" refers to the
277		-	Indiana state board of animal health established by IC 15-17-3-1.
278		-	SECTION 19. IC 25-38.1-2-1, AS AMENDED BY P.L.249-2019,
279		-	SECTION 137, IS AMENDED TO READ AS FOLLOWS
280		-	[EFFECTIVE JULY 1, 2023]: Sec. 1. (a) The Indiana board of
281		-	veterinary medical examiners medicine is established.
282		-	(b) Subject to IC 25-1-6.5-3, the board consists of seven (7)
283		-	members appointed by the governor.
284		-	(c) One (1) of the board members must be a registered veterinary
285		-	technician.
286		-	(d) One (1) of the board members must be appointed to represent
287		-	the general public.
288		-	(e) Not more than four (4) board members may be affiliated with the
289		-	same political party.
290		-	(f) A board member may be removed under IC 25-1-6.5-4.
291		-	SECTION 20. IC 25-38.1-2-5, AS ADDED BY P.L.2-2008,
292		-	SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
293		-	JULY 1, 2023]: Sec. 5. (a) The board shall hold an annual meeting in
294		-	HEA 1148 — Concur 8
295		-	Indianapolis and other regular meetings during the year at places the
296		-	board sets.
297		-	(b) The board may hold special meetings as necessary. The
298		-	chairperson or two (2) members of the board may call a special
299		-	meeting.
300		-	(c) Four (4) members of the board constitute a quorum.
301		-	(d) All meetings must be open and public. However, the board may
302		-	meet in closed session:
303		-	(1) to prepare, approve, administer, or grade examinations;
304		-	(2) to deliberate the qualifications of an applicant for license or
305		-	registration; or
306		-	(3) to deliberate the disposition of a proceeding to discipline a
307		-	licensed veterinarian or registered veterinary technician.
308		-	(e) Minutes of each regular and special meeting shall be compiled
309		-	and kept as a permanent record in the same office as other records of
310		-	the board are kept. The agency board is responsible for the care and
311		-	safekeeping of the minutes.
312		-	SECTION 21. IC 25-38.1-2-7, AS AMENDED BY P.L.58-2008,
313		-	SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
314		-	JULY 1, 2023]: Sec. 7. (a) At its annual meeting, the board shall elect
315		-	a chairperson and vice chairperson and other necessary officers
316		-	determined by the board. Officers shall serve for a term of one (1) year
317		-	or until a successor is elected. There is no limitation on the number of
318		-	terms an officer may serve.
319		-	(b) The state veterinarian shall be the chief administrative officer
320		-	of and technical adviser of to the board.
321		-	(c) The duties of the agency state veterinarian are the duties the
322		-	board delegates to the state veterinarian and include:
323		-	(1) corresponding for the board;
324		-	(2) keeping accounts and records of all receipts and
325		-	disbursements by the board;
326		-	(3) keeping records of all applications for license or registration;
327		-	(4) keeping a register of all persons currently licensed or
328		-	registered by the board;
329		-	(5) keeping permanent records of all board proceedings; and
330		-	(6) administering the veterinary investigative fund established by
331		-	section 25 of this chapter;
332		-	(6) performing any other administrative function of the board
333		-	delegated by the board.
334		-	SECTION 22. IC 25-38.1-2-14.5 IS ADDED TO THE INDIANA
335		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
336		-	[EFFECTIVE JULY 1, 2023]: Sec. 14.5. If the board determines that
337		-	HEA 1148 — Concur 9
338		-	an emergency presents a risk to the delivery of competent, honest,
339		-	and principled veterinary services in Indiana as described in
340		-	IC 15-17.5-2-4, the board may adopt emergency rules in the
341		-	manner provided under IC 4-22-2-37.1 that:
342		-	(1) suspend or modify licensing, examination, continuing
343		-	education, or permit requirements under this article; or
344		-	(2) implement measures that safeguard the health, safety, and
345		-	welfare of the citizens and animals of Indiana.
346		-	SECTION 23. IC 25-38.1-2-15, AS ADDED BY P.L.2-2008,
347		-	SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
348		-	JULY 1, 2023]: Sec. 15. (a) Subject to IC 25-1-7, the board may
349		-	conduct investigations for the purpose of discovering violations of this
350		-	article by:
351		-	(1) licensed veterinarians or registered veterinary technicians; or
352		-	(2) persons practicing veterinary medicine without a license or
353		-	persons practicing as a registered veterinary technician without
354		-	being registered.
355		-	(b) The board, and the state veterinarian if authorized by the
356		-	board, has the power to subpoena witnesses and to send for and
357		-	compel the production of books, records, papers, and documents
358		-	for the furtherance of any investigation under this chapter. The
359		-	circuit or superior court located in the county where the subpoena
360		-	is to be issued shall enforce the subpoena.
361		-	SECTION 24. IC 25-38.1-2-19, AS AMENDED BY P.L.58-2008,
362		-	SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
363		-	JULY 1, 2023]: Sec. 19. (a) The board shall establish by rule under
364		-	IC 25-1-8 fees sufficient to implement this article, including fees for
365		-	examining and licensing veterinarians and for examining and
366		-	registering veterinary technicians.
367		-	(b) In addition to the fee to issue or renew a license, registration, or
368		-	permit, the board may establish a fee of not more than ten dollars ($10)
369		-	per year for a person who holds a license or special permit as a
370		-	veterinarian or a registration or special permit as a veterinary
371		-	technician to provide funds for administering and enforcing the
372		-	provisions of this article, including investigating and taking action
373		-	against persons who violate this article. All funds collected under this
374		-	subsection shall be deposited in the veterinary investigative medicine
375		-	fund established by section 25 of this chapter.
376		-	(c) The fees established under this section shall be charged and
377		-	collected by the agency. state board.
378		-	SECTION 25. IC 25-38.1-2-22, AS ADDED BY P.L.2-2008,
379		-	SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
380		-	HEA 1148 — Concur 10
381		-	JULY 1, 2023]: Sec. 22. The agency state board shall provide the
382		-	board with full full-time or part-time professional and clerical
383		-	personnel and supplies, including printed matter and equipment,
384		-	necessary to implement this article.
385		-	SECTION 26. IC 25-38.1-2-25, AS ADDED BY P.L.58-2008,
386		-	SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
387		-	JULY 1, 2023]: Sec. 25. (a) The veterinary investigative medicine fund
388		-	is established to provide funds for administering and enforcing the
389		-	provisions of this article, including investigating and taking
390		-	enforcement action against violators of this article. The fund shall be
391		-	administered by the agency. state board for the board.
392		-	(b) The expenses of administering the fund shall be paid from the
393		-	money in the fund. The fund consists of money from the fee imposed
394		-	under section 19(b) of this chapter.
395		-	(c) The treasurer of state shall invest the money in the fund not
396		-	currently needed to meet the obligations of the fund in the same
397		-	manner as other public money may be invested.
398		-	(d) Money in the fund at the end of a state fiscal year does not revert
399		-	to the state general fund. However, if the total amount in the fund
400		-	exceeds seven hundred fifty thousand dollars ($750,000) at the end of
401		-	a state fiscal year after payment of all claims and expenses, the amount
402		-	that exceeds seven hundred fifty thousand dollars ($750,000) reverts
403		-	to the state general fund.
404		-	(e) Money in the fund is continually appropriated to the agency
405		-	state board for its use in administering and enforcing this article,
406		-	conducting investigations, and taking enforcement action against
407		-	persons violating this article.
408		-	(f) The attorney general, and the agency board, and the state
409		-	board may enter into a memorandum of understanding to provide the
410		-	attorney general with funds to conduct investigations and pursue
411		-	enforcement action against violators of this article.
412		-	(g) The attorney general and the agency state board shall present
413		-	the memorandum of understanding annually to the board for review.
414		-	SECTION 27. IC 25-38.1-2-26 IS ADDED TO THE INDIANA
415		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
416		-	[EFFECTIVE JULY 1, 2023]: Sec. 26. (a) Any reference in a law,
417		-	rule, license, permit, registration, certification, order, agreement,
418		-	or other document to or by the Indiana board of veterinary
419		-	medical examiners shall be treated after June 30, 2023, as a
420		-	reference to the board.
421		-	(b) Any rules adopted by the Indiana board of veterinary
422		-	medical examiners before July 1, 2023, are considered, after June
423		-	HEA 1148 — Concur 11
424		-	30, 2023, rules of the board.
425		-	SECTION 28. IC 25-38.1-3-4, AS AMENDED BY P.L.58-2008,
426		-	SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
427		-	JULY 1, 2023]: Sec. 4. (a) The board shall hold at least one (1)
428		-	examination for licensing veterinarians and one (1) examination for
429		-	registering veterinary technicians each year. However, the board may
430		-	hold additional examinations. The agency board shall give notice of
431		-	the date, time, and place for each examination at least ninety (90) days
432		-	before the date set for the examination. A person desiring to take an
433		-	examination must make application not later than the time the board
434		-	prescribes under IC 25-38.1-2-12.
435		-	(b) The board must approve the preparation, administration, and
436		-	grading of examinations that comply with the following requirements:
437		-	(1) Examinations for licensure to practice as a veterinarian must
438		-	be designed to test the examinee's knowledge of and proficiency
439		-	in the subjects and techniques commonly taught in veterinary
440		-	schools. To pass the examination, the examinee must demonstrate
441		-	scientific and practical knowledge sufficient to prove to the board
442		-	that the examinee is competent to practice veterinary medicine.
443		-	The board may adopt and use examinations approved by the
444		-	National Board of Veterinary Medical Examiners for licensure to
445		-	practice veterinary medicine.
446		-	(2) Examinations for registration as a registered veterinary
447		-	technician must be designed to test the examinee's knowledge of
448		-	and proficiency in the subjects and techniques commonly taught
449		-	in schools for veterinary technicians. To pass the examination, the
450		-	examinee must demonstrate scientific and practical knowledge
451		-	sufficient to prove to the board that the examinee is competent to
452		-	act as a registered veterinary technician. The board may adopt and
453		-	use examinations approved by the American Association of
454		-	Veterinary State Boards for registration as a veterinary technician.
455		-	(c) To qualify for a license as a veterinarian or to be registered as a
456		-	veterinary technician, the applicant must attain a passing score in the
457		-	examinations.
458		-	(d) After the examinations, the agency board shall notify each
459		-	examinee of the result of the examinee's examinations. The board shall
460		-	issue a license or registration certificate, as appropriate, to each
461		-	individual who successfully completes the examinations and is
462		-	otherwise qualified. The agency board shall keep a permanent record
463		-	of the issuance of each license or registration certificate.
464		-	(e) An individual who fails to pass the required examinations may
465		-	apply to take a subsequent examination. Payment of the examination
466		-	HEA 1148 — Concur 12
467		-	fee may not be waived.
468		-	(f) If an applicant fails to pass the required examination within three
469		-	(3) attempts in Indiana or any other state, the applicant may not retake
470		-	the required examination. The applicant may take subsequent
471		-	examinations upon approval by the board and completion of remedial
472		-	education as required by the board.
473		-	SECTION 29. IC 25-38.1-3-11, AS AMENDED BY P.L.177-2015,
474		-	SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
475		-	JULY 1, 2023]: Sec. 11. (a) Subject to IC 25-1-2-6(e), a license issued
476		-	under this chapter is valid until the next renewal date described under
477		-	subsection (b).
478		-	(b) All licenses expire on a date set by the agency board in each
479		-	odd-numbered year but may be renewed by application to the board
480		-	and payment of the proper renewal fee. In accordance with
481		-	IC 25-1-5-4(c), the agency board shall mail a notice ninety (90) days
482		-	before the expiration to each licensed veterinarian. The agency board
483		-	shall issue a license renewal to each individual licensed under this
484		-	chapter if the proper fee has been received and all other requirements
485		-	for renewal of the license have been satisfied. Failure to renew a
486		-	license on or before the expiration date automatically renders the
487		-	license invalid without any action by the board.
488		-	SECTION 30. IC 25-38.1-3-12, AS AMENDED BY P.L.177-2015,
489		-	SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
490		-	JULY 1, 2023]: Sec. 12. (a) Subject to IC 25-1-2-6(e), a registration
491		-	certificate issued under this chapter is valid until the next renewal date
492		-	described under subsection (b).
493		-	(b) Subject to IC 25-1-2-6(e), all registration certificates expire on
494		-	a date set by the agency board of each even-numbered year but may be
495		-	renewed by application to the board and payment of the proper renewal
496		-	fee. In accordance with IC 25-1-5-4(c), the agency board shall mail a
497		-	notice ninety (90) days before the expiration to each registered
498		-	veterinary technician. The agency board shall issue a registration
499		-	certificate renewal to each individual registered under this chapter if
500		-	the proper fee has been received and all other requirements for renewal
501		-	of the registration certificate have been satisfied. Failure to renew a
502		-	registration certificate on or before the expiration date automatically
503		-	renders the license invalid without any action by the board.
504		-	SECTION 31. IC 25-38.1-5-5, AS ADDED BY P.L.58-2008,
505		-	SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
506		-	JULY 1, 2023]: Sec. 5. (a) The impaired veterinary health care
507		-	provider fund is established to provide money for rehabilitation of
508		-	impaired veterinary health care providers under this chapter. The
509		-	HEA 1148 — Concur 13
510		-	agency state board shall administer the fund for the board.
511		-	(b) Expenses of administering the fund shall be paid from money in
512		-	the fund. The fund consists of any grants or public and private financial
513		-	assistance designated for the fund.
514		-	(c) The treasurer of state shall invest the money in the fund not
515		-	currently needed to meet the obligations of the fund in the same
516		-	manner as other public money may be invested.
517		-	(d) Money in the fund at the end of a state fiscal year does not revert
518		-	to the state general fund.
519		-	(e) Money in the fund is appropriated to the board for the purpose
520		-	stated in subsection (a).
521		-	SECTION 32. IC 35-48-3-2, AS AMENDED BY P.L.84-2010,
522		-	SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
523		-	JULY 1, 2023]: Sec. 2. (a) Any humane society, animal control agency,
524		-	or governmental entity operating an animal shelter or other animal
525		-	impounding facility is entitled to receive a limited permit only for the
526		-	purpose of buying, possessing, and using:
527		-	(1) sodium pentobarbital to euthanize injured, sick, homeless, or
528		-	unwanted domestic pets and animals;
529		-	(2) ketamine and ketamine products to anesthetize or immobilize
530		-	fractious domestic pets and animals; and
531		-	(3) a combination product containing tiletimine and zolazepam as
532		-	an agent for the remote chemical capture of domestic pets or
533		-	animals that otherwise cannot be restrained or captured.
534		-	(b) A humane society, animal control agency, or governmental
535		-	entity entitled to receive a permit under this chapter must:
536		-	(1) apply to the board according to the rules established by the
537		-	board;
538		-	(2) pay annually to the board a fee set by the board for the limited
539		-	permit; and
540		-	(3) submit proof, as determined by the board, that the employees
541		-	of an applicant who will handle a controlled substance are
542		-	sufficiently trained to use and administer the controlled substance.
543		-	(c) All fees collected by the board under this section shall be
544		-	credited to the state board of pharmacy account.
545		-	(d) Storage, handling, and use of controlled substances obtained
546		-	according to this section are subject to the rules adopted by the board.
547		-	(e) Before issuing a permit under this section, the board may consult
548		-	with the Indiana board of veterinary medical examiners. medicine.
549		-	SECTION 33. IC 35-48-3-4, AS AMENDED BY P.L.84-2010,
550		-	SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
551		-	JULY 1, 2023]: Sec. 4. (a) The board shall register an applicant to
552		-	HEA 1148 — Concur 14
553		-	manufacture or distribute controlled substances unless it determines
554		-	that the issuance of that registration would be inconsistent with the
555		-	public interest. In determining the public interest, the board shall
556		-	consider:
557		-	(1) maintenance of effective controls against diversion of
558		-	controlled substances into other than legitimate medical,
559		-	scientific, or industrial channels;
560		-	(2) compliance with applicable state and local law;
561		-	(3) any convictions of the applicant under any federal and state
562		-	laws relating to any controlled substance;
563		-	(4) past experience in the manufacture or distribution of
564		-	controlled substances, and the existence in the applicant's
565		-	establishment of effective controls against diversion;
566		-	(5) furnishing by the applicant of false or fraudulent material in
567		-	any application filed under this article;
568		-	(6) suspension or revocation of the applicant's federal registration
569		-	to manufacture, distribute, or dispense controlled substances as
570		-	authorized by federal law; and
571		-	(7) any other factors relevant to and consistent with the public
572		-	health and safety.
573		-	(b) Registration under subsection (a) of this section does not entitle
574		-	a registrant to manufacture and distribute controlled substances in
575		-	schedules I or II other than those specified in the registration.
576		-	(c) Practitioners must be registered to dispense any controlled
577		-	substances or to conduct research with controlled substances in
578		-	schedules II through V if they are authorized to dispense or conduct
579		-	research under the law of this state. The board need not require
580		-	separate registration under this chapter for practitioners engaging in
581		-	research with nonnarcotic controlled substances in schedules II through
582		-	V where the registrant is already registered under this chapter in
583		-	another capacity, to the extent authorized by his the registrant's
584		-	registration in that other capacity.
585		-	(d) Registration to conduct research or instructional activities with
586		-	controlled substances in schedules I through V does not entitle a
587		-	registrant to conduct research or instructional activities with controlled
588		-	substances other than those approved by the board in accordance with
589		-	the registration.
590		-	(e) The board may consult with the Indiana board of veterinary
591		-	medical examiners medicine before issuing a registration to a person:
592		-	(1) who seeks to conduct research or instructional activities with
593		-	controlled substances in schedules I through IV; and
594		-	(2) whose activities constitute the practice of veterinary medicine
595		-	HEA 1148 — Concur 15
596		-	(as defined by IC 25-38.1-1-12).
597		-	(f) Compliance by manufacturers and distributors with the
598		-	provisions of the federal law respecting registration (excluding fees)
599		-	entitles them to be registered under this article.
600		-	HEA 1148 — Concur Speaker of the House of Representatives
601		-	President of the Senate
602		-	President Pro Tempore
603		-	Governor of the State of Indiana
604		-	Date: Time:
605		-	HEA 1148 — Concur
	670	+	of the Indiana board of veterinary medicine, and case
	671	+	dispositions.".
	672	+	(Reference is to HB 1148 as printed January 10, 2022.)
	673	+	LEHE
	674	+	_____
	675	+	COMMITTEE REPORT
	676	+	Madam President: The Senate Committee on Agriculture, to which
	677	+	was referred House Bill No. 1148, has had the same under
	678	+	consideration and begs leave to report the same back to the Senate with
	679	+	the recommendation that said bill be AMENDED as follows:
	680	+	Replace the effective dates in SECTIONS 1 through 33 with
	681	+	EH 1148—LS 6750/DI 77 17
	682	+	"[EFFECTIVE JULY 1, 2023]".
	683	+	Page 9, line 40, reset in roman "All funds collected under this".
	684	+	Page 9, reset in roman lines 41 through 42.
	685	+	Page 9, line 41, strike "investigative" and insert "medicine".
	686	+	Page 10, delete lines 3 through 5.
	687	+	Page 10, line 8, delete "(a)".
	688	+	Page 10, delete lines 12 through 14.
	689	+	Page 10, line 23, delete "appropriations by the".
	690	+	Page 10, line 24, delete "general assembly and".
	691	+	Page 10, line 24, reset in roman "the fee".
	692	+	Page 10, line 24, delete "fees".
	693	+	Page 10, line 24, reset in roman "section".
	694	+	Page 10, line 25, reset in roman "19(b) of".
	695	+	Page 10, line 28, delete "Interest that accrues".
	696	+	Page 10, line 29, delete "from these investments shall be deposited
	697	+	in the fund.".
	698	+	Page 11, line 9, delete "2022," and insert "2023,".
	699	+	Page 11, line 12, delete "2022," and insert "2023,".
	700	+	Page 11, line 13, delete "2022," and insert "2023,".
	701	+	and when so amended that said bill do pass.
	702	+	(Reference is to HB 1148 as reprinted January 19, 2022.)
	703	+	LEISING, Chairperson
	704	+	Committee Vote: Yeas 7, Nays 0.
	705	+	EH 1148—LS 6750/DI 77