Introduced Version
SENATE BILL No. 5
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 25-0.5-11-1; IC 25-1-21.
Synopsis: Reciprocity. Establishes a procedure to grant licenses and
certificates to practice certain health care professions in Indiana.
Requires the applicant to hold a current license or certificate from
another state or jurisdiction and meet other requirements. Allows the
applicant who meets certain requirements to apply for a provisional
license or provisional certificate. Requires the provisional license or
provisional certificate to be issued within 30 days. Provides for
penalties for submitting false information on an application for a
provisional license or provisional certificate. Provides that if a board
has a pending application for initial licensure or certification that
requires final approval by the board, the board shall meet not more 31
days after the application is ready for approval. Provides that the
medical licensing board may not issue a physician's license to an
applicant using the reciprocity law beginning July 1, 2026.
Effective: Upon passage.
Brown L
January 6, 2022, read first time and referred to Committee on Health and Provider
Services.
2022 IN 5—LS 6630/DI 77 Introduced
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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE BILL No. 5
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 25-0.5-11-1, AS ADDED BY P.L.3-2014,
2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 1. As used in IC 25-1-9 and IC 25-1-21,
4 "board" means any of the entities described in this chapter.
5 SECTION 2. IC 25-1-21 IS ADDED TO THE INDIANA CODE AS
6 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
7 PASSAGE]:
8 Chapter 21. Reciprocity for Health Care Professionals
9 Sec. 1. This chapter does not prohibit an applicant from
10 proceeding under other licensure, certification, registration, or
11 permit requirements established by a board or another law.
12 Sec. 2. As used in this chapter, "board" means any of the
13 entities described in IC 25-0.5-11.
14 Sec. 3. As used in this chapter, "jurisdiction" means the District
15 of Columbia, Puerto Rico, the United States Virgin Islands, or any
16 territory or insular possession subject to the jurisdiction of the
17 United States.
2022 IN 5—LS 6630/DI 77 2
1 Sec. 4. As used in this chapter, "license" means an unlimited
2 license regulating the occupation in question.
3 Sec. 5. Notwithstanding any other law, subject to section 11 of
4 this chapter, a board shall issue a license or certificate to an
5 applicant to allow the individual to practice the applicant's
6 occupation in Indiana if, upon application to the board, the
7 applicant satisfies the following conditions:
8 (1) Holds a current license or certificate from another state or
9 jurisdiction; and
10 (A) that state's or jurisdiction's requirements for a license
11 or certificate are substantially equivalent to or exceed the
12 requirements for a license or certificate of the board from
13 which the applicant is seeking licensure or certification; or
14 (B) when the person was licensed or certified by another
15 state:
16 (i) there were minimum education requirements in the
17 other state;
18 (ii) if there were applicable work experience and clinical
19 supervision requirements in effect, the person met those
20 requirements in order to be licensed or certified in that
21 state; and
22 (iii) if required by the other state, the person previously
23 passed an examination required for the license or
24 certification.
25 (2) Has not committed any act in any state or jurisdiction that
26 would have constituted grounds for refusal, suspension, or
27 revocation of a license, certificate, registration, or permit to
28 practice that occupation in Indiana at the time the act was
29 committed.
30 (3) Does not have a complaint or an investigation pending
31 before the regulating agency in another state or jurisdiction
32 that relates to unprofessional conduct.
33 (4) Is in good standing and has not been disciplined by the
34 agency that has authority to issue the license or certification.
35 (5) If a law regulating the applicant's occupation requires the
36 board to administer an examination on the relevant laws of
37 Indiana, the board may require the applicant to take and pass
38 an examination specific to the laws of Indiana.
39 (6) Pays any fees required by the board for which the
40 applicant is seeking licensure or certification.
41 Sec. 6. If a national criminal history background check (as
42 defined in IC 25-1-1.1-4) is required under IC 25-1-1.1-4 for the
2022 IN 5—LS 6630/DI 77 3
1 occupation for which the applicant seeks a license or certificate,
2 not more than five (5) business days after the:
3 (1) professional licensing agency received the individual's
4 application for a license or certificate under this chapter; and
5 (2) individual has paid any fees required by the board for
6 which the applicant is seeking licensure or certification;
7 the professional licensing agency shall notify the applicant that the
8 applicant is eligible to submit a national criminal history
9 background check to the professional licensing agency.
10 Sec. 7. (a) Notwithstanding any other law, an applicant for a
11 license or certificate is entitled to a provisional license or
12 provisional certificate in the occupation applied for and at the
13 same practice level as determined by the board, without an
14 examination, if all of the following conditions are met:
15 (1) The individual submits a signed affidavit affirming, under
16 the penalties for perjury, the following:
17 (A) The individual is in good standing in all states and
18 jurisdictions in which the individual holds a license or
19 certificate for the occupation applied for.
20 (B) The individual has not had a license revoked and has
21 not voluntarily surrendered a license in another state or
22 jurisdiction while under investigation for unprofessional
23 conduct.
24 (C) The individual has not had discipline imposed by the
25 regulating agency for the occupation in another state or
26 jurisdiction.
27 (D) The individual does not have a complaint or an
28 investigation pending before the regulating agency in
29 another state or jurisdiction that relates to unprofessional
30 conduct.
31 (2) The individual does not have a disqualifying criminal
32 history, as determined by the board, if a national criminal
33 history background check (as defined in IC 25-1-1.1-4) is
34 required under IC 25-1-1.1-4 for the occupation for which the
35 applicant seeks a license or certificate.
36 (3) The individual submits verification that the individual is
37 currently licensed or certified in at least one (1) other state or
38 jurisdiction in the occupation applied for.
39 (4) The individual has submitted an application for a license
40 or certificate under this chapter with the board and has paid
41 any application fee.
42 (b) An applicant who has met the requirements in subsection (a)
2022 IN 5—LS 6630/DI 77 4
1 shall be issued a provisional license or provisional certificate not
2 more than thirty (30) days after the requirements are met.
3 (c) A provisional license or provisional certificate expires on the
4 earlier of the following:
5 (1) Three hundred sixty-five (365) days after it is issued.
6 (2) The date on which the board approves and issues the
7 individual a license or certificate for the occupation.
8 (3) The date on which the board denies the individual's
9 application for a license or certificate for the occupation.
10 (d) In addition to any other penalties for perjury, an individual
11 who violates this section commits a Class A infraction.
12 (e) If the board discovers that any of the information submitted
13 under this section is false, the board may immediately revoke the
14 individual's provisional license or provisional certificate.
15 (f) This section does not apply to a license or certificate that is
16 established by or recognized through an interstate compact, a
17 reciprocity agreement, or a comity agreement that is established by
18 a board or a law.
19 Sec. 8. A nonresident who is issued a license or certificate under
20 this chapter is entitled to the same rights and subject to the same
21 obligations as required of a resident who is issued a license or
22 certificate by a board.
23 Sec. 9. Notwithstanding any other law, if a board has a pending
24 application for initial licensure or certification that requires final
25 approval by the board, the board shall meet not more thirty-one
26 (31) days after the application is ready for approval.
27 Sec. 10. A board may adopt rules under IC 4-22-2 necessary to
28 implement this chapter.
29 Sec. 11. Beginning July 1, 2026, the medical licensing board of
30 Indiana may not issue a license under this chapter to an applicant
31 seeking a license as a physician under IC 25-22.5.
32 SECTION 3. An emergency is declared for this act.
2022 IN 5—LS 6630/DI 77