*ES0005.1*
February 10, 2022
ENGROSSED
SENATE BILL No. 5
_____
DIGEST OF SB 5 (Updated February 9, 2022 12:51 pm - DI 77)
Citations Affected: IC 25-0.5; IC 25-1; IC 25-23.6; IC 25-34.5;
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
(Continued next page)
Effective: Upon passage; July 1, 2022.
Brown L, Charbonneau, Yoder,
Kruse, Zay, Randolph Lonnie M
(HOUSE SPONSORS — VERMILION, ZENT)
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.
January 21, 2022, engrossed.
January 24, 2022, read third time, passed. Yeas 47, nays 0.
HOUSE ACTION
January 31, 2022, read first time and referred to Committee on Public Health.
February 10, 2022, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 127.
ES 5—LS 6630/DI 77 Digest Continued
penalties for submitting false information on an application for a
provisional license or provisional certificate. Requires a board to make
a final decision on a license or certificate application before the
expiration of 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.
Eliminates certain requirements for an applicant seeking licensure as
a clinical social worker, marriage and family therapist, mental health
counselor, addiction counselor, or clinical addiction counselor.
Requires the boards that regulate bachelor's degree social workers,
social workers, clinical social workers, marriage and family therapists,
mental health counselors, licensed addiction counselors, licensed
clinical addiction counselors, and respiratory care practitioners to issue
a license by reciprocity within 30 days if certain requirements are met.
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.
ES 5—LS 6630/DI 77ES 5—LS 6630/DI 77 February 10, 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.
ENGROSSED
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) Except for section 7 of this chapter, this chapter does
10 not apply to any of the following 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.
ES 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
ES 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.
ES 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 (g) The board shall make a final decision on a license or
36 certificate application before the expiration of a provisional license
37 or provisional certificate issued under this section.
38 Sec. 8. A nonresident who is issued a license or certificate under
39 this chapter is entitled to the same rights and subject to the same
40 obligations as required of a resident who is issued a license or
41 certificate by a board.
42 Sec. 9. Notwithstanding any other law, if a board has a pending
ES 5—LS 6630/DI 77 5
1 application for initial licensure or certification that requires final
2 approval by the board, the board shall meet not more thirty-one
3 (31) days after the application is ready for approval.
4 Sec. 10. A board may adopt rules under IC 4-22-2 necessary to
5 implement this chapter.
6 Sec. 11. Beginning July 1, 2026, the medical licensing board of
7 Indiana may not issue a license under this chapter to an applicant
8 seeking a license as a physician under IC 25-22.5.
9 SECTION 3. IC 25-23.6-5-3.1 IS AMENDED TO READ AS
10 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3.1. (a) Except as
11 provided in subsection (b), a graduate program is considered to have
12 emphasized direct clinical patient or clinic health care services if the
13 graduate program meets the following requirements:
14 (1) Required coursework in clinical social work and related areas
15 such as psychiatric social work, medical social work, social case
16 work, case management, psychotherapy, group therapy, and any
17 other coursework accepted by the board.
18 (2) Required a supervised field placement that was part of the
19 applicant's advanced concentration in direct practice, during
20 which the applicant provided clinical services directly to clients.
21 (3) Required completion of twenty-four (24) semester hours or
22 thirty-seven (37) quarter hours of clinically oriented services
23 courses in the theory and research of human behavior and social
24 environment and practice methods. However, if the graduate
25 degree was obtained before October 1, 1990, and the applicant
26 submitted an application under section 3 of this chapter (before
27 its repeal) before July 1, 1999, twenty-one (21) semester hours or
28 thirty-one (31) quarter hours in clinically oriented services are
29 required. Not more than six (6) semester hours or nine (9) quarter
30 hours of the clinically oriented services courses may be from
31 independent study coursework.
32 If the applicant's transcript does not clearly identify the content of the
33 coursework, the applicant shall submit a syllabus, a course catalog
34 description, or other documentation that describes the coursework.
35 (b) An applicant who graduated from a graduate program that did
36 not emphasize direct patient or client services may complete the
37 clinical curriculum requirement by returning to a graduate program
38 allowed under section 2(1)(B) of this chapter to complete the education
39 requirements.
40 (c) Coursework that was taken at a baccalaureate level does not
41 meet the requirements under this section unless an official of the
42 graduate program certifies that the specific course, which a student
ES 5—LS 6630/DI 77 6
1 enrolled in the same graduate program was ordinarily required to
2 complete at the graduate level, was waived or exempted based on
3 completion of a similar course at the baccalaureate level.
4 SECTION 4. IC 25-23.6-5-10.5, AS ADDED BY P.L.192-2017,
5 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 UPON PASSAGE]: Sec. 10.5. The board shall issue a license to an
7 individual to be a bachelor's degree social worker, social worker, or
8 clinical social worker, not more than thirty (30) days after the
9 application is filed, if the individual:
10 (1) has a valid license or certificate to practice from another state
11 or jurisdiction;
12 (2) has passed an examination substantially equivalent to the level
13 for which licensure is being requested;
14 (3) does not have a pending disciplinary proceeding in another
15 state; and
16 (4) pays a fee.
17 SECTION 5. IC 25-23.6-8-2.5, AS AMENDED BY P.L.49-2019,
18 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2022]: Sec. 2.5. (a) An applicant for a license as a marriage
20 and family therapist under section 1 of this chapter or an applicant for
21 a license as a marriage and family therapist associate under section 1.5
22 of this chapter must complete the following educational requirements:
23 (1) Except as provided in subsection (b), complete twenty-seven
24 (27) semester hours or forty-one (41) quarter hours of graduate
25 course work that must include graduate level course credits with
26 material in at least the following content areas:
27 (A) Theoretical foundations of marriage and family therapy.
28 (B) Major models of marriage and family therapy.
29 (C) Individual development.
30 (D) Family development and family relationships.
31 (E) Clinical problems.
32 (F) Collaboration with other disciplines.
33 (G) Sexuality.
34 (H) Gender and sexual orientation.
35 (I) Issues of ethnicity, race, socioeconomic status, and culture.
36 (J) Therapy techniques.
37 (K) Behavioral research that focuses on the interpretation and
38 application of research data as it applies to clinical practice.
39 The content areas may be combined into any one (1) graduate
40 level course. if the applicant can prove that the course work was
41 devoted to each content area.
42 (2) Not less than one (1) graduate level course of two (2) semester
ES 5—LS 6630/DI 77 7
1 hours or three (3) quarter hours Graduate course work in the
2 following areas:
3 (A) Legal, ethical, and professional standards issues in the
4 practice of marriage and family therapy or an equivalent
5 course approved by the board.
6 (B) Appraisal and assessment for individual or interpersonal
7 disorder or dysfunction.
8 (3) At least one (1) supervised clinical practicum, internship, or
9 field experience in a marriage and family counseling setting that
10 meets the following requirements:
11 (A) The applicant provided five hundred (500) hours of
12 marriage and family therapy services, including at least four
13 hundred (400) face to face client contact hours, of which at
14 least two hundred (200) hours must be relational, under the
15 supervision of a licensed marriage and family therapist who
16 has at least five (5) years of experience or a qualified
17 supervisor approved by the board.
18 (B) The applicant received one hundred (100) hours of
19 supervision from a licensed marriage and family therapist who
20 has at least five (5) years experience as a qualified supervisor.
21 The requirements under clauses (A) and (B) may be met by a
22 supervised practice experience that took place away from an
23 institution of higher education but that is certified by an official
24 of the eligible postsecondary educational institution as being
25 equivalent to a graduate level practicum or internship program at
26 an institution accredited by an accrediting agency approved by the
27 United States Department of Education Commission on
28 Recognition of Postsecondary Education, the Association of
29 Universities and Colleges of Canada, or the Commission on
30 Accreditation for Marriage and Family Therapy Education.
31 (b) The following graduate work may not be used to satisfy the
32 content area requirements under subsection (a):
33 (1) Thesis or dissertation work.
34 (2) Practicums, internships, or fieldwork.
35 SECTION 6. IC 25-23.6-8-9.5, AS ADDED BY P.L.225-2017,
36 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 UPON PASSAGE]: Sec. 9.5. The board shall issue a license to an
38 individual to be a marriage and family therapist, not more than thirty
39 (30) days after the application is filed, if the individual:
40 (1) has a valid license or certificate to practice from another state
41 or jurisdiction;
42 (2) has passed an examination substantially equivalent to the level
ES 5—LS 6630/DI 77 8
1 for which licensure is being requested;
2 (3) does not have a pending disciplinary proceeding in another
3 state; and
4 (4) pays a fee.
5 SECTION 7. IC 25-23.6-8.5-3, AS AMENDED BY P.L.160-2018,
6 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2022]: Sec. 3. An applicant as a mental health counselor
8 under section 1 of this chapter or a mental health counselor associate
9 under section 1.5 of this chapter must complete the following
10 educational requirements:
11 (1) Complete sixty (60) semester hours of Graduate course work
12 in counseling that must include either a master's degree that
13 required not less than forty-eight (48) semester hours or a doctor's
14 degree in counseling. The graduate course work must include the
15 following content areas:
16 (A) Human growth and development.
17 (B) Social and cultural foundations of counseling.
18 (C) Helping relationship, including counseling theory and
19 practice.
20 (D) Group dynamics, processes, counseling, and consultation.
21 (E) Lifestyle and career development.
22 (F) Assessment and appraisal of individuals.
23 (G) Research and program evaluation.
24 (H) Professional orientation and ethics.
25 (I) Foundations of mental health counseling.
26 (J) Contextual dimensions of mental health counseling.
27 (K) Knowledge and skills for the practice of mental health
28 counseling and psychotherapy.
29 (L) Clinical instruction.
30 (2) Not less than one (1) supervised clinical practicum, internship,
31 or field experience in a counseling setting, which must include a
32 minimum of seven hundred (700) clock hours consisting of one
33 (1) practicum of one hundred (100) hours, and one (1) internship
34 of six hundred (600) hours with at least sixty-six (66) hours of
35 face to face supervision. This requirement may be met by a
36 supervised practice experience that took place away from an
37 eligible postsecondary educational institution but that is certified
38 by an official of the eligible postsecondary educational institution
39 as being equivalent to a clinical mental health graduate level
40 practicum or internship program at an institution accredited by an
41 accrediting agency approved by the United States Department of
42 Education or the Association of Universities and Colleges of
ES 5—LS 6630/DI 77 9
1 Canada.
2 SECTION 8. IC 25-23.6-8.5-9.5, AS ADDED BY P.L.225-2017,
3 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 UPON PASSAGE]: Sec. 9.5. The board shall issue a license to an
5 individual to be a mental health counselor, not more than thirty (30)
6 days after the application is filed, if the individual:
7 (1) has a valid license or certificate to practice from another state
8 or jurisdiction;
9 (2) has passed an examination substantially equivalent to the level
10 for which licensure is being requested;
11 (3) does not have a pending disciplinary proceeding in another
12 state; and
13 (4) pays a fee.
14 SECTION 9. IC 25-23.6-10.5-5, AS AMENDED BY P.L.49-2019,
15 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2022]: Sec. 5. (a) An applicant under section 1 of this chapter
17 must complete the following educational requirements:
18 (1) Forty (40) semester hours or sixty (60) quarter hours of Course
19 work from an eligible postsecondary educational institution that
20 includes the following content areas:
21 (A) Addictions theory.
22 (B) Psychoactive drugs.
23 (C) Addictions counseling skills.
24 (D) Theories of personality.
25 (E) Developmental psychology.
26 (F) Abnormal psychology.
27 (G) Group work.
28 (H) Cultural competency.
29 (I) Ethics and professional development.
30 (J) Family education.
31 (K) Areas of content as approved by the board.
32 (2) At least one (1) supervised practicum, internship, or field
33 experience in an addiction counseling setting that requires the
34 applicant to provide at least three hundred fifty (350) hours of
35 addiction counseling services.
36 (b) The content areas under subsection (a)(1) may be combined into
37 any one (1) college level course. if the applicant can prove that the
38 course work was devoted to each content area listed in subsection
39 (a)(1).
40 SECTION 10. IC 25-23.6-10.5-6, AS AMENDED BY
41 P.L.207-2021, SECTION 27, IS AMENDED TO READ AS
42 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 6. (a) An applicant
ES 5—LS 6630/DI 77 10
1 under section 2 of this chapter must complete the following educational
2 requirements:
3 (1) Twenty-seven (27) semester hours or forty-one (41) quarter
4 hours of Graduate course work that must include graduate level
5 course credits with material in at least the following content areas:
6 (A) Addiction counseling theories and techniques.
7 (B) Psychopharmacology.
8 (C) Psychopathology.
9 (D) Clinical appraisal and assessment.
10 (E) Theory and practice of group addiction counseling.
11 (F) Counseling addicted family systems.
12 (G) Multicultural counseling.
13 (H) Research methods in addictions.
14 (I) Areas of content as approved by the board.
15 (2) At least one (1) graduate level course of two (2) semester
16 hours or three (3) quarter hours Graduate course work in the
17 following areas:
18 (A) Legal, ethical, and professional standards issues in the
19 practice of addiction counseling and therapy or an equivalent
20 course approved by the board.
21 (B) Appraisal and assessment for individual or interpersonal
22 disorder or dysfunction.
23 (3) At least one (1) supervised clinical practicum, internship, or
24 field experience in an addiction counseling setting that requires
25 the applicant to provide seven hundred (700) hours of clinical
26 addiction counseling services and that must include the following:
27 (A) Two hundred eighty (280) face to face client contact hours
28 of addiction counseling services under the supervision of a
29 qualified supervisor, as determined by the board.
30 (B) Thirty-five (35) hours of supervision from a qualified
31 supervisor, as determined by the board.
32 However, an applicant who has completed a clinical practicum,
33 an internship, or field experience to obtain another license under
34 this article is not required to complete the clinical addiction
35 counseling services hours required under this subdivision.
36 (4) Any qualifications established by the board under subsection
37 (c).
38 (b) The content areas under subsection (a)(1) may be combined into
39 any one (1) graduate level course. if the applicant can prove that the
40 course work was devoted to each content area.
41 (c) The board shall adopt rules to establish any additional
42 educational or clinical qualifications as specified by the Council for
ES 5—LS 6630/DI 77 11
1 Accreditation of Counseling and Related Educational Programs or a
2 successor organization.
3 SECTION 11. IC 25-23.6-10.5-9.5, AS ADDED BY P.L.225-2017,
4 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 UPON PASSAGE]: Sec. 9.5. The board shall issue a license to an
6 individual to be a licensed addiction counselor or licensed clinical
7 addiction counselor, not more than thirty (30) days after the
8 application is filed, if the individual:
9 (1) has a valid license or certificate to practice from another state
10 or jurisdiction;
11 (2) has passed an examination substantially equivalent to the level
12 for which licensure is being requested;
13 (3) does not have a pending disciplinary proceeding in another
14 state; and
15 (4) pays a fee.
16 SECTION 12. IC 25-34.5-2-10.1 IS AMENDED TO READ AS
17 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10.1. (a) The
18 committee may shall issue a temporary permit to a person to practice
19 respiratory care or to profess to be a respiratory care practitioner, not
20 more than thirty (30) days after the application is filed, if the person
21 pays a fee and:
22 (1) has:
23 (A) a valid license or certificate to practice from another state;
24 and
25 (B) applied for a license from the committee;
26 (2) is practicing in a state that does not license or certify
27 respiratory care practitioners but is credentialed by a national
28 respiratory care practitioner association approved by the
29 committee, and the person has applied for a license from the
30 committee; or
31 (3) has:
32 (A) been approved by the committee to take the next
33 examination; and
34 (B) graduated from a school or program approved by the
35 committee.
36 (b) A temporary permit expires the earlier of:
37 (1) the date the person holding the permit is issued a license under
38 this article; or
39 (2) the date the committee disapproves the person's license
40 application.
41 (c) The committee may renew a temporary permit if the person
42 holding the permit was scheduled to take the next examination and:
ES 5—LS 6630/DI 77 12
1 (1) did not take the examination; and
2 (2) shows good cause for not taking the examination.
3 (d) A permit renewed under subsection (c) expires on the date the
4 person holding the permit receives the results from the next
5 examination given after the permit was issued.
6 SECTION 13. IC 25-34.5-2-11 IS AMENDED TO READ AS
7 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) The
8 committee may shall issue a license by endorsement, not more than
9 thirty (30) days after the application is filed, to a person who:
10 (1) presents satisfactory evidence to the committee that the person
11 holds:
12 (A) a license or certification to practice respiratory care in:
13 (i) another state; or
14 (ii) a jurisdiction of Canada; or
15 (B) credentials issued by a national respiratory care
16 practitioner organization approved by the committee;
17 (2) meets the requirements of section 8 of this chapter; and
18 (3) pays a fee determined by the board after consideration of a
19 recommendation of the committee.
20 (b) If the applicant presents satisfactory evidence that the applicant
21 has actively engaged in the practice of respiratory care that included
22 actual patient care:
23 (1) in another jurisdiction;
24 (2) under the supervision of a physician licensed in that
25 jurisdiction; and
26 (3) for at least ten (10) of the previous fifteen (15) years
27 preceding the date of application;
28 the committee may waive the education requirements under subsection
29 (a)(2) and section 8(b) of this chapter if the committee determines that
30 the applicant has sufficient knowledge and experience.
31 SECTION 14. IC 25-35.6-1-5.5, AS ADDED BY P.L.216-2021,
32 SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 UPON PASSAGE]: Sec. 5.5. (a) An individual may practice
34 speech-language pathology in Indiana under a license to practice
35 speech-language pathology issued by a state that has entered into a
36 reciprocity agreement with the board under which an individual
37 licensed to practice speech-language pathology in Indiana is authorized
38 to practice speech-language pathology in the other state under the
39 individual's Indiana speech-language pathology license.
40 (b) Before January 1, 2023, the board shall initiate and make
41 every effort to enter into a reciprocity agreement with another
42 state that:
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1 (1) is contiguous to Indiana; and
2 (2) is not a member of an interstate compact with Indiana
3 concerning speech-language pathology;
4 that would allow an individual licensed to practice speech-language
5 pathology in Indiana or the other state to practice in the other state
6 under the individual's speech-language pathology license.
7 SECTION 15. IC 25-35.6-1-6.5, AS ADDED BY P.L.216-2021,
8 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 UPON PASSAGE]: Sec. 6.5. (a) An individual may practice audiology
10 in Indiana under a license to practice audiology issued by a state that
11 has entered into a reciprocity agreement with the board under which an
12 individual licensed to practice audiology in Indiana is authorized to
13 practice audiology in the other state under the individual's Indiana
14 audiology 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 audiology;
21 that would allow an individual licensed to practice audiology in
22 Indiana or the other state to practice in the other state under the
23 individual's audiology license.
24 SECTION 16. An emergency is declared for this act.
ES 5—LS 6630/DI 77 14
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.
_____
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
ES 5—LS 6630/DI 77 15
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
ES 5—LS 6630/DI 77 16
COMMITTEE REPORT
Mr. Speaker: Your Committee on Public Health, to which was
referred Senate Bill 5, has had the same under consideration and begs
leave to report the same back to the House with the recommendation
that said bill be amended as follows:
Page 1, line 9, delete "This" and insert "Except for section 7 of this
chapter, this".
Page 4, between lines 34 and 35, begin a new paragraph and insert:
"(g) The board shall make a final decision on a license or
certificate application before the expiration of a provisional license
or provisional certificate issued under this section.".
Page 5, between lines 5 and 6, begin a new paragraph and insert:
"SECTION 3. IC 25-23.6-5-3.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3.1. (a) Except as
provided in subsection (b), a graduate program is considered to have
emphasized direct clinical patient or clinic health care services if the
graduate program meets the following requirements:
(1) Required coursework in clinical social work and related areas
such as psychiatric social work, medical social work, social case
work, case management, psychotherapy, group therapy, and any
other coursework accepted by the board.
(2) Required a supervised field placement that was part of the
applicant's advanced concentration in direct practice, during
which the applicant provided clinical services directly to clients.
(3) Required completion of twenty-four (24) semester hours or
thirty-seven (37) quarter hours of clinically oriented services
courses in the theory and research of human behavior and social
environment and practice methods. However, if the graduate
degree was obtained before October 1, 1990, and the applicant
submitted an application under section 3 of this chapter (before
its repeal) before July 1, 1999, twenty-one (21) semester hours or
thirty-one (31) quarter hours in clinically oriented services are
required. Not more than six (6) semester hours or nine (9) quarter
hours of the clinically oriented services courses may be from
independent study coursework.
If the applicant's transcript does not clearly identify the content of the
coursework, the applicant shall submit a syllabus, a course catalog
description, or other documentation that describes the coursework.
(b) An applicant who graduated from a graduate program that did
not emphasize direct patient or client services may complete the
clinical curriculum requirement by returning to a graduate program
ES 5—LS 6630/DI 77 17
allowed under section 2(1)(B) of this chapter to complete the education
requirements.
(c) Coursework that was taken at a baccalaureate level does not
meet the requirements under this section unless an official of the
graduate program certifies that the specific course, which a student
enrolled in the same graduate program was ordinarily required to
complete at the graduate level, was waived or exempted based on
completion of a similar course at the baccalaureate level.
SECTION 4. IC 25-23.6-5-10.5, AS ADDED BY P.L.192-2017,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 10.5. The board shall issue a license to an
individual to be a bachelor's degree social worker, social worker, or
clinical social worker, not more than thirty (30) days after the
application is filed, if the individual:
(1) has a valid license or certificate to practice from another state
or jurisdiction;
(2) has passed an examination substantially equivalent to the level
for which licensure is being requested;
(3) does not have a pending disciplinary proceeding in another
state; and
(4) pays a fee.
SECTION 5. IC 25-23.6-8-2.5, AS AMENDED BY P.L.49-2019,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2.5. (a) An applicant for a license as a marriage
and family therapist under section 1 of this chapter or an applicant for
a license as a marriage and family therapist associate under section 1.5
of this chapter must complete the following educational requirements:
(1) Except as provided in subsection (b), complete twenty-seven
(27) semester hours or forty-one (41) quarter hours of graduate
course work that must include graduate level course credits with
material in at least the following content areas:
(A) Theoretical foundations of marriage and family therapy.
(B) Major models of marriage and family therapy.
(C) Individual development.
(D) Family development and family relationships.
(E) Clinical problems.
(F) Collaboration with other disciplines.
(G) Sexuality.
(H) Gender and sexual orientation.
(I) Issues of ethnicity, race, socioeconomic status, and culture.
(J) Therapy techniques.
(K) Behavioral research that focuses on the interpretation and
ES 5—LS 6630/DI 77 18
application of research data as it applies to clinical practice.
The content areas may be combined into any one (1) graduate
level course. if the applicant can prove that the course work was
devoted to each content area.
(2) Not less than one (1) graduate level course of two (2) semester
hours or three (3) quarter hours Graduate course work in the
following areas:
(A) Legal, ethical, and professional standards issues in the
practice of marriage and family therapy or an equivalent
course approved by the board.
(B) Appraisal and assessment for individual or interpersonal
disorder or dysfunction.
(3) At least one (1) supervised clinical practicum, internship, or
field experience in a marriage and family counseling setting that
meets the following requirements:
(A) The applicant provided five hundred (500) hours of
marriage and family therapy services, including at least four
hundred (400) face to face client contact hours, of which at
least two hundred (200) hours must be relational, under the
supervision of a licensed marriage and family therapist who
has at least five (5) years of experience or a qualified
supervisor approved by the board.
(B) The applicant received one hundred (100) hours of
supervision from a licensed marriage and family therapist who
has at least five (5) years experience as a qualified supervisor.
The requirements under clauses (A) and (B) may be met by a
supervised practice experience that took place away from an
institution of higher education but that is certified by an official
of the eligible postsecondary educational institution as being
equivalent to a graduate level practicum or internship program at
an institution accredited by an accrediting agency approved by the
United States Department of Education Commission on
Recognition of Postsecondary Education, the Association of
Universities and Colleges of Canada, or the Commission on
Accreditation for Marriage and Family Therapy Education.
(b) The following graduate work may not be used to satisfy the
content area requirements under subsection (a):
(1) Thesis or dissertation work.
(2) Practicums, internships, or fieldwork.
SECTION 6. IC 25-23.6-8-9.5, AS ADDED BY P.L.225-2017,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9.5. The board shall issue a license to an
ES 5—LS 6630/DI 77 19
individual to be a marriage and family therapist, not more than thirty
(30) days after the application is filed, if the individual:
(1) has a valid license or certificate to practice from another state
or jurisdiction;
(2) has passed an examination substantially equivalent to the level
for which licensure is being requested;
(3) does not have a pending disciplinary proceeding in another
state; and
(4) pays a fee.
SECTION 7. IC 25-23.6-8.5-3, AS AMENDED BY P.L.160-2018,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3. An applicant as a mental health counselor
under section 1 of this chapter or a mental health counselor associate
under section 1.5 of this chapter must complete the following
educational requirements:
(1) Complete sixty (60) semester hours of Graduate course work
in counseling that must include either a master's degree that
required not less than forty-eight (48) semester hours or a doctor's
degree in counseling. The graduate course work must include the
following content areas:
(A) Human growth and development.
(B) Social and cultural foundations of counseling.
(C) Helping relationship, including counseling theory and
practice.
(D) Group dynamics, processes, counseling, and consultation.
(E) Lifestyle and career development.
(F) Assessment and appraisal of individuals.
(G) Research and program evaluation.
(H) Professional orientation and ethics.
(I) Foundations of mental health counseling.
(J) Contextual dimensions of mental health counseling.
(K) Knowledge and skills for the practice of mental health
counseling and psychotherapy.
(L) Clinical instruction.
(2) Not less than one (1) supervised clinical practicum, internship,
or field experience in a counseling setting, which must include a
minimum of seven hundred (700) clock hours consisting of one
(1) practicum of one hundred (100) hours, and one (1) internship
of six hundred (600) hours with at least sixty-six (66) hours of
face to face supervision. This requirement may be met by a
supervised practice experience that took place away from an
eligible postsecondary educational institution but that is certified
ES 5—LS 6630/DI 77 20
by an official of the eligible postsecondary educational institution
as being equivalent to a clinical mental health graduate level
practicum or internship program at an institution accredited by an
accrediting agency approved by the United States Department of
Education or the Association of Universities and Colleges of
Canada.
SECTION 8. IC 25-23.6-8.5-9.5, AS ADDED BY P.L.225-2017,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9.5. The board shall issue a license to an
individual to be a mental health counselor, not more than thirty (30)
days after the application is filed, if the individual:
(1) has a valid license or certificate to practice from another state
or jurisdiction;
(2) has passed an examination substantially equivalent to the level
for which licensure is being requested;
(3) does not have a pending disciplinary proceeding in another
state; and
(4) pays a fee.
SECTION 9. IC 25-23.6-10.5-5, AS AMENDED BY P.L.49-2019,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 5. (a) An applicant under section 1 of this chapter
must complete the following educational requirements:
(1) Forty (40) semester hours or sixty (60) quarter hours of Course
work from an eligible postsecondary educational institution that
includes the following content areas:
(A) Addictions theory.
(B) Psychoactive drugs.
(C) Addictions counseling skills.
(D) Theories of personality.
(E) Developmental psychology.
(F) Abnormal psychology.
(G) Group work.
(H) Cultural competency.
(I) Ethics and professional development.
(J) Family education.
(K) Areas of content as approved by the board.
(2) At least one (1) supervised practicum, internship, or field
experience in an addiction counseling setting that requires the
applicant to provide at least three hundred fifty (350) hours of
addiction counseling services.
(b) The content areas under subsection (a)(1) may be combined into
any one (1) college level course. if the applicant can prove that the
ES 5—LS 6630/DI 77 21
course work was devoted to each content area listed in subsection
(a)(1).
SECTION 10. IC 25-23.6-10.5-6, AS AMENDED BY
P.L.207-2021, SECTION 27, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 6. (a) An applicant
under section 2 of this chapter must complete the following educational
requirements:
(1) Twenty-seven (27) semester hours or forty-one (41) quarter
hours of Graduate course work that must include graduate level
course credits with material in at least the following content areas:
(A) Addiction counseling theories and techniques.
(B) Psychopharmacology.
(C) Psychopathology.
(D) Clinical appraisal and assessment.
(E) Theory and practice of group addiction counseling.
(F) Counseling addicted family systems.
(G) Multicultural counseling.
(H) Research methods in addictions.
(I) Areas of content as approved by the board.
(2) At least one (1) graduate level course of two (2) semester
hours or three (3) quarter hours Graduate course work in the
following areas:
(A) Legal, ethical, and professional standards issues in the
practice of addiction counseling and therapy or an equivalent
course approved by the board.
(B) Appraisal and assessment for individual or interpersonal
disorder or dysfunction.
(3) At least one (1) supervised clinical practicum, internship, or
field experience in an addiction counseling setting that requires
the applicant to provide seven hundred (700) hours of clinical
addiction counseling services and that must include the following:
(A) Two hundred eighty (280) face to face client contact hours
of addiction counseling services under the supervision of a
qualified supervisor, as determined by the board.
(B) Thirty-five (35) hours of supervision from a qualified
supervisor, as determined by the board.
However, an applicant who has completed a clinical practicum,
an internship, or field experience to obtain another license under
this article is not required to complete the clinical addiction
counseling services hours required under this subdivision.
(4) Any qualifications established by the board under subsection
(c).
ES 5—LS 6630/DI 77 22
(b) The content areas under subsection (a)(1) may be combined into
any one (1) graduate level course. if the applicant can prove that the
course work was devoted to each content area.
(c) The board shall adopt rules to establish any additional
educational or clinical qualifications as specified by the Council for
Accreditation of Counseling and Related Educational Programs or a
successor organization.
SECTION 11. IC 25-23.6-10.5-9.5, AS ADDED BY P.L.225-2017,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9.5. The board shall issue a license to an
individual to be a licensed addiction counselor or licensed clinical
addiction counselor, not more than thirty (30) days after the
application is filed, if the individual:
(1) has a valid license or certificate to practice from another state
or jurisdiction;
(2) has passed an examination substantially equivalent to the level
for which licensure is being requested;
(3) does not have a pending disciplinary proceeding in another
state; and
(4) pays a fee.
SECTION 12. IC 25-34.5-2-10.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10.1. (a) The
committee may shall issue a temporary permit to a person to practice
respiratory care or to profess to be a respiratory care practitioner, not
more than thirty (30) days after the application is filed, if the person
pays a fee and:
(1) has:
(A) a valid license or certificate to practice from another state;
and
(B) applied for a license from the committee;
(2) is practicing in a state that does not license or certify
respiratory care practitioners but is credentialed by a national
respiratory care practitioner association approved by the
committee, and the person has applied for a license from the
committee; or
(3) has:
(A) been approved by the committee to take the next
examination; and
(B) graduated from a school or program approved by the
committee.
(b) A temporary permit expires the earlier of:
(1) the date the person holding the permit is issued a license under
ES 5—LS 6630/DI 77 23
this article; or
(2) the date the committee disapproves the person's license
application.
(c) The committee may renew a temporary permit if the person
holding the permit was scheduled to take the next examination and:
(1) did not take the examination; and
(2) shows good cause for not taking the examination.
(d) A permit renewed under subsection (c) expires on the date the
person holding the permit receives the results from the next
examination given after the permit was issued.
SECTION 13. IC 25-34.5-2-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) The
committee may shall issue a license by endorsement, not more than
thirty (30) days after the application is filed, to a person who:
(1) presents satisfactory evidence to the committee that the person
holds:
(A) a license or certification to practice respiratory care in:
(i) another state; or
(ii) a jurisdiction of Canada; or
(B) credentials issued by a national respiratory care
practitioner organization approved by the committee;
(2) meets the requirements of section 8 of this chapter; and
(3) pays a fee determined by the board after consideration of a
recommendation of the committee.
(b) If the applicant presents satisfactory evidence that the applicant
has actively engaged in the practice of respiratory care that included
actual patient care:
(1) in another jurisdiction;
(2) under the supervision of a physician licensed in that
jurisdiction; and
(3) for at least ten (10) of the previous fifteen (15) years
preceding the date of application;
the committee may waive the education requirements under subsection
(a)(2) and section 8(b) of this chapter if the committee determines that
the applicant has sufficient knowledge and experience.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 5 as reprinted January 21, 2022.)
BARRETT
Committee Vote: yeas 12, nays 0.
ES 5—LS 6630/DI 77