*SB0005.1*
January 13, 2022
SENATE BILL No. 5
_____
DIGEST OF SB 5 (Updated January 12, 2022 12:11 pm - DI 104)
Citations Affected: IC 25-0.5; IC 25-1.
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, Charbonneau
January 6, 2022, read first time and referred to Committee on Health and Provider
Services.
January 12, 2022, amended, reported favorably — Do Pass.
SB 5—LS 6630/DI 77 January 13, 2022
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.
SB 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. 4.5. As used in this chapter, "provisional license or
4 provisional certificate" means a temporary license or certificate
5 issued under this chapter that allows the holder to practice the
6 occupation that was applied for and at the same practice level until
7 the license or certificate expires under section 7(c) of this chapter.
8 Sec. 5. Notwithstanding any other law, subject to section 11 of
9 this chapter, a board shall issue a license or certificate to an
10 applicant to allow the individual to practice the applicant's
11 occupation in Indiana if, upon application to the board, the
12 applicant satisfies the following conditions:
13 (1) Holds a current license or certificate from another state or
14 jurisdiction; and
15 (A) that state's or jurisdiction's requirements for a license
16 or certificate are substantially equivalent to or exceed the
17 requirements for a license or certificate of the board from
18 which the applicant is seeking licensure or certification; or
19 (B) when the person was licensed or certified by another
20 state:
21 (i) there were minimum education requirements in the
22 other state;
23 (ii) if there were applicable work experience and clinical
24 supervision requirements in effect, the person met those
25 requirements in order to be licensed or certified in that
26 state; and
27 (iii) if required by the other state, the person previously
28 passed an examination required for the license or
29 certification.
30 (2) Has not committed any act in any state or jurisdiction that
31 would have constituted grounds for refusal, suspension, or
32 revocation of a license, certificate, registration, or permit to
33 practice that occupation in Indiana at the time the act was
34 committed.
35 (3) Does not have a complaint or an investigation pending
36 before the regulating agency in another state or jurisdiction
37 that relates to unprofessional conduct.
38 (4) Is in good standing and has not been disciplined by the
39 agency that has authority to issue the license or certification.
40 (5) If a law regulating the applicant's occupation requires the
41 board to administer an examination on the relevant laws of
42 Indiana, the board may require the applicant to take and pass
SB 5—LS 6630/DI 77 3
1 an examination specific to the laws of Indiana.
2 (6) Pays any fees required by the board for which the
3 applicant is seeking licensure or certification.
4 Sec. 6. If a national criminal history background check (as
5 defined in IC 25-1-1.1-4) is required under IC 25-1-1.1-4 for the
6 occupation for which the applicant seeks a license or certificate,
7 not more than five (5) business days after the:
8 (1) professional licensing agency received the individual's
9 application for a license or certificate under this chapter; and
10 (2) individual has paid any fees required by the board for
11 which the applicant is seeking licensure or certification;
12 the professional licensing agency shall notify the applicant that the
13 applicant is eligible to submit a national criminal history
14 background check to the professional licensing agency.
15 Sec. 7. (a) Notwithstanding any other law, an applicant for a
16 license or certificate is entitled to a provisional license or
17 provisional certificate in the occupation applied for and at the
18 same practice level as determined by the board, without an
19 examination, if all of the following conditions are met:
20 (1) The individual submits a signed affidavit affirming, under
21 the penalties for perjury, the following:
22 (A) The individual is in good standing in all states and
23 jurisdictions in which the individual holds a license or
24 certificate for the occupation applied for.
25 (B) The individual has not had a license revoked and has
26 not voluntarily surrendered a license in another state or
27 jurisdiction while under investigation for unprofessional
28 conduct.
29 (C) The individual has not had discipline imposed by the
30 regulating agency for the occupation in another state or
31 jurisdiction.
32 (D) The individual does not have a complaint or an
33 investigation pending before the regulating agency in
34 another state or jurisdiction that relates to unprofessional
35 conduct.
36 (2) The individual does not have a disqualifying criminal
37 history, as determined by the board, if a national criminal
38 history background check (as defined in IC 25-1-1.1-4) is
39 required under IC 25-1-1.1-4 for the occupation for which the
40 applicant seeks a license or certificate.
41 (3) The individual submits verification that the individual is
42 currently licensed or certified in at least one (1) other state or
SB 5—LS 6630/DI 77 4
1 jurisdiction in the occupation applied for.
2 (4) The individual has submitted an application for a license
3 or certificate under this chapter with the board and has paid
4 any application fee.
5 (b) An applicant who has met the requirements in subsection (a)
6 shall be issued a provisional license or provisional certificate not
7 more than thirty (30) days after the requirements are met.
8 (c) A provisional license or provisional certificate expires on the
9 earlier of the following:
10 (1) Three hundred sixty-five (365) days after it is issued.
11 (2) The date on which the board approves and issues the
12 individual a license or certificate for the occupation.
13 (3) The date on which the board denies the individual's
14 application for a license or certificate for the occupation.
15 (d) In addition to any other penalties for perjury, an individual
16 who violates this section commits a Class A infraction.
17 (e) If the board discovers that any of the information submitted
18 under this section is false, the board may immediately revoke the
19 individual's provisional license or provisional certificate.
20 (f) This section does not apply to a license or certificate that is
21 established by or recognized through an interstate compact, a
22 reciprocity agreement, or a comity agreement that is established by
23 a board or a law.
24 Sec. 8. A nonresident who is issued a license or certificate under
25 this chapter is entitled to the same rights and subject to the same
26 obligations as required of a resident who is issued a license or
27 certificate by a board.
28 Sec. 9. Notwithstanding any other law, if a board has a pending
29 application for initial licensure or certification that requires final
30 approval by the board, the board shall meet not more thirty-one
31 (31) days after the application is ready for approval.
32 Sec. 10. A board may adopt rules under IC 4-22-2 necessary to
33 implement this chapter.
34 Sec. 11. Beginning July 1, 2026, the medical licensing board of
35 Indiana may not issue a license under this chapter to an applicant
36 seeking a license as a physician under IC 25-22.5.
37 SECTION 3. An emergency is declared for this act.
SB 5—LS 6630/DI 77 5
COMMITTEE REPORT
Madam President: The Senate Committee on Health and Provider
Services, to which was referred Senate Bill No. 5, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 2, between lines 2 and 3, begin a new paragraph and insert:
"Sec. 4.5. As used in this chapter, "provisional license or
provisional certificate" means a temporary license or certificate
issued under this chapter that allows the holder to practice the
occupation that was applied for and at the same practice level until
the license or certificate expires under section 7(c) of this chapter.".
and when so amended that said bill do pass.
(Reference is to SB 5 as introduced.)
CHARBONNEAU, Chairperson
Committee Vote: Yeas 10, Nays 0.
SB 5—LS 6630/DI 77