*SB0005.2*
Reprinted
January 21, 2022
SENATE BILL No. 5
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DIGEST OF SB 5 (Updated January 20, 2022 2:17 pm - DI 104)
Citations Affected: IC 25-0.5; IC 25-1; IC 25-35.6.
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. Requires
the speech-language pathology and audiology board to, before January
1, 2023, initiate and make every effort to enter into reciprocity
agreements with contiguous states to enter into a reciprocity agreement
for individuals licensed as: (1) a speech-language pathologist; and (2)
an audiologist; to practice the individual's profession under the license
from one state in the other state.
Effective: Upon passage.
Brown L, Charbonneau, Yoder,
Kruse
January 6, 2022, read first time and referred to Committee on Health and Provider
Services.
January 12, 2022, amended, reported favorably — Do Pass.
January 20, 2022, read second time, amended, ordered engrossed.
SB 5—LS 6630/DI 77 Reprinted
January 21, 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. (a) This chapter does not apply to any of the following
10 licenses:
11 (1) Any type of social work license issued under IC 25-23.6-5.
12 (2) Any type of marriage and family therapist license issued
13 under IC 25-23.6-8.
14 (3) Any type of mental health counselor license issued under
15 IC 25-23.6-8.5.
16 (4) Any type of addiction counselor or clinical addiction
17 counselor license issued under IC 25-23.6-10.5.
SB 5—LS 6630/DI 77 2
1 (5) Any type of respiratory care practitioner license issued
2 under IC 25-34.5.
3 (b) This chapter does not prohibit an applicant from proceeding
4 under other licensure, certification, registration, or permit
5 requirements established by a board or another law.
6 Sec. 2. As used in this chapter, "board" means any of the
7 entities described in IC 25-0.5-11.
8 Sec. 3. As used in this chapter, "jurisdiction" means the District
9 of Columbia, Puerto Rico, the United States Virgin Islands, or any
10 territory or insular possession subject to the jurisdiction of the
11 United States.
12 Sec. 4. As used in this chapter, "license" means an unlimited
13 license regulating the occupation in question.
14 Sec. 4.5. As used in this chapter, "provisional license or
15 provisional certificate" means a temporary license or certificate
16 issued under this chapter that allows the holder to practice the
17 occupation that was applied for and at the same practice level until
18 the license or certificate expires under section 7(c) of this chapter.
19 Sec. 5. Notwithstanding any other law, subject to section 11 of
20 this chapter, a board shall issue a license or certificate to an
21 applicant to allow the individual to practice the applicant's
22 occupation in Indiana if, upon application to the board, the
23 applicant satisfies the following conditions:
24 (1) Holds a current license or certificate from another state or
25 jurisdiction; and
26 (A) that state's or jurisdiction's requirements for a license
27 or certificate are substantially equivalent to or exceed the
28 requirements for a license or certificate of the board from
29 which the applicant is seeking licensure or certification; or
30 (B) when the person was licensed or certified by another
31 state:
32 (i) there were minimum education requirements in the
33 other state;
34 (ii) if there were applicable work experience and clinical
35 supervision requirements in effect, the person met those
36 requirements in order to be licensed or certified in that
37 state; and
38 (iii) if required by the other state, the person previously
39 passed an examination required for the license or
40 certification.
41 (2) Has not committed any act in any state or jurisdiction that
42 would have constituted grounds for refusal, suspension, or
SB 5—LS 6630/DI 77 3
1 revocation of a license, certificate, registration, or permit to
2 practice that occupation in Indiana at the time the act was
3 committed.
4 (3) Does not have a complaint or an investigation pending
5 before the regulating agency in another state or jurisdiction
6 that relates to unprofessional conduct.
7 (4) Is in good standing and has not been disciplined by the
8 agency that has authority to issue the license or certification.
9 (5) If a law regulating the applicant's occupation requires the
10 board to administer an examination on the relevant laws of
11 Indiana, the board may require the applicant to take and pass
12 an examination specific to the laws of Indiana.
13 (6) Pays any fees required by the board for which the
14 applicant is seeking licensure or certification.
15 Sec. 6. If a national criminal history background check (as
16 defined in IC 25-1-1.1-4) is required under IC 25-1-1.1-4 for the
17 occupation for which the applicant seeks a license or certificate,
18 not more than five (5) business days after the:
19 (1) professional licensing agency received the individual's
20 application for a license or certificate under this chapter; and
21 (2) individual has paid any fees required by the board for
22 which the applicant is seeking licensure or certification;
23 the professional licensing agency shall notify the applicant that the
24 applicant is eligible to submit a national criminal history
25 background check to the professional licensing agency.
26 Sec. 7. (a) Notwithstanding any other law, an applicant for a
27 license or certificate is entitled to a provisional license or
28 provisional certificate in the occupation applied for and at the
29 same practice level as determined by the board, without an
30 examination, if all of the following conditions are met:
31 (1) The individual submits a signed affidavit affirming, under
32 the penalties for perjury, the following:
33 (A) The individual is in good standing in all states and
34 jurisdictions in which the individual holds a license or
35 certificate for the occupation applied for.
36 (B) The individual has not had a license revoked and has
37 not voluntarily surrendered a license in another state or
38 jurisdiction while under investigation for unprofessional
39 conduct.
40 (C) The individual has not had discipline imposed by the
41 regulating agency for the occupation in another state or
42 jurisdiction.
SB 5—LS 6630/DI 77 4
1 (D) The individual does not have a complaint or an
2 investigation pending before the regulating agency in
3 another state or jurisdiction that relates to unprofessional
4 conduct.
5 (2) The individual does not have a disqualifying criminal
6 history, as determined by the board, if a national criminal
7 history background check (as defined in IC 25-1-1.1-4) is
8 required under IC 25-1-1.1-4 for the occupation for which the
9 applicant seeks a license or certificate.
10 (3) The individual submits verification that the individual is
11 currently licensed or certified in at least one (1) other state or
12 jurisdiction in the occupation applied for.
13 (4) The individual has submitted an application for a license
14 or certificate under this chapter with the board and has paid
15 any application fee.
16 (b) An applicant who has met the requirements in subsection (a)
17 shall be issued a provisional license or provisional certificate not
18 more than thirty (30) days after the requirements are met.
19 (c) A provisional license or provisional certificate expires on the
20 earlier of the following:
21 (1) Three hundred sixty-five (365) days after it is issued.
22 (2) The date on which the board approves and issues the
23 individual a license or certificate for the occupation.
24 (3) The date on which the board denies the individual's
25 application for a license or certificate for the occupation.
26 (d) In addition to any other penalties for perjury, an individual
27 who violates this section commits a Class A infraction.
28 (e) If the board discovers that any of the information submitted
29 under this section is false, the board may immediately revoke the
30 individual's provisional license or provisional certificate.
31 (f) This section does not apply to a license or certificate that is
32 established by or recognized through an interstate compact, a
33 reciprocity agreement, or a comity agreement that is established by
34 a board or a law.
35 Sec. 8. A nonresident who is issued a license or certificate under
36 this chapter is entitled to the same rights and subject to the same
37 obligations as required of a resident who is issued a license or
38 certificate by a board.
39 Sec. 9. Notwithstanding any other law, if a board has a pending
40 application for initial licensure or certification that requires final
41 approval by the board, the board shall meet not more thirty-one
42 (31) days after the application is ready for approval.
SB 5—LS 6630/DI 77 5
1 Sec. 10. A board may adopt rules under IC 4-22-2 necessary to
2 implement this chapter.
3 Sec. 11. Beginning July 1, 2026, the medical licensing board of
4 Indiana may not issue a license under this chapter to an applicant
5 seeking a license as a physician under IC 25-22.5.
6 SECTION 3. IC 25-35.6-1-5.5, AS ADDED BY P.L.216-2021,
7 SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 UPON PASSAGE]: Sec. 5.5. (a) An individual may practice
9 speech-language pathology in Indiana under a license to practice
10 speech-language pathology issued by a state that has entered into a
11 reciprocity agreement with the board under which an individual
12 licensed to practice speech-language pathology in Indiana is authorized
13 to practice speech-language pathology in the other state under the
14 individual's Indiana speech-language pathology license.
15 (b) Before January 1, 2023, the board shall initiate and make
16 every effort to enter into a reciprocity agreement with another
17 state that:
18 (1) is contiguous to Indiana; and
19 (2) is not a member of an interstate compact with Indiana
20 concerning speech-language pathology;
21 that would allow an individual licensed to practice speech-language
22 pathology in Indiana or the other state to practice in the other state
23 under the individual's speech-language pathology license.
24 SECTION 4. IC 25-35.6-1-6.5, AS ADDED BY P.L.216-2021,
25 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 UPON PASSAGE]: Sec. 6.5. (a) An individual may practice audiology
27 in Indiana under a license to practice audiology issued by a state that
28 has entered into a reciprocity agreement with the board under which an
29 individual licensed to practice audiology in Indiana is authorized to
30 practice audiology in the other state under the individual's Indiana
31 audiology license.
32 (b) Before January 1, 2023, the board shall initiate and make
33 every effort to enter into a reciprocity agreement with another
34 state that:
35 (1) is contiguous to Indiana; and
36 (2) is not a member of an interstate compact with Indiana
37 concerning audiology;
38 that would allow an individual licensed to practice audiology in
39 Indiana or the other state to practice in the other state under the
40 individual's audiology license.
41 SECTION 5. An emergency is declared for this act.
SB 5—LS 6630/DI 77 6
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.
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SENATE MOTION
Madam President: I move that Senate Bill 5 be amended to read as
follows:
Page 1, line 9, after "1." insert "(a) This chapter does not apply to
any of the following licenses:
(1) Any type of social work license issued under IC 25-23.6-5.
(2) Any type of marriage and family therapist license issued
under IC 25-23.6-8.
(3) Any type of mental health counselor license issued under
IC 25-23.6-8.5.
(4) Any type of addiction counselor or clinical addiction
counselor license issued under IC 25-23.6-10.5.
(5) Any type of respiratory care practitioner license issued
under IC 25-34.5.
(b)".
Page 4, between lines 36 and 37, begin a new paragraph and insert:
"SECTION 3. IC 25-35.6-1-5.5, AS ADDED BY P.L.216-2021,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5.5. (a) An individual may practice
SB 5—LS 6630/DI 77 7
speech-language pathology in Indiana under a license to practice
speech-language pathology issued by a state that has entered into a
reciprocity agreement with the board under which an individual
licensed to practice speech-language pathology in Indiana is authorized
to practice speech-language pathology in the other state under the
individual's Indiana speech-language pathology license.
(b) Before January 1, 2023, the board shall initiate and make
every effort to enter into a reciprocity agreement with another
state that:
(1) is contiguous to Indiana; and
(2) is not a member of an interstate compact with Indiana
concerning speech-language pathology;
that would allow an individual licensed to practice speech-language
pathology in Indiana or the other state to practice in the other state
under the individual's speech-language pathology license.
SECTION 4. IC 25-35.6-1-6.5, AS ADDED BY P.L.216-2021,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6.5. (a) An individual may practice audiology
in Indiana under a license to practice audiology issued by a state that
has entered into a reciprocity agreement with the board under which an
individual licensed to practice audiology in Indiana is authorized to
practice audiology in the other state under the individual's Indiana
audiology license.
(b) Before January 1, 2023, the board shall initiate and make
every effort to enter into a reciprocity agreement with another
state that:
(1) is contiguous to Indiana; and
(2) is not a member of an interstate compact with Indiana
concerning audiology;
that would allow an individual licensed to practice audiology in
Indiana or the other state to practice in the other state under the
individual's audiology license.".
Renumber all SECTIONS consecutively.
(Reference is to SB 5 as printed January 13, 2022.)
BROWN L
SB 5—LS 6630/DI 77