IN
Indiana Senate Bill SB0005

Indiana 2022 Regular Session

Indiana Senate Bill SB0005 Compare Versions

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1+*ES0005.3*
2+Reprinted
3+February 24, 2022
4+ENGROSSED
5+SENATE BILL No. 5
6+_____
7+DIGEST OF SB 5 (Updated February 23, 2022 2:58 pm - DI 107)
8+Citations Affected: IC 12-15; IC 25-0.5; IC 25-1; IC 25-23.6;
9+IC 25-34.5; IC 25-35.6.
10+Synopsis: Reciprocity. Requires the office of Medicaid policy and
11+planning to review methods of calculating outlier payments in relation
12+to final reimbursement amounts. Establishes a procedure to grant
13+licenses and certificates to practice certain health care professions in
14+Indiana. Requires the applicant to hold a current license or certificate
15+from another state or jurisdiction and meet other requirements. Allows
16+the applicant who meets certain requirements to apply for a provisional
17+(Continued next page)
18+Effective: Upon passage; July 1, 2022.
19+Brown L, Charbonneau, Yoder,
20+Kruse, Zay, Randolph Lonnie M
21+(HOUSE SPONSORS — VERMILION, ZENT, LINDAUER, HARRIS)
22+January 6, 2022, read first time and referred to Committee on Health and Provider
23+Services.
24+January 12, 2022, amended, reported favorably — Do Pass.
25+January 20, 2022, read second time, amended, ordered engrossed.
26+January 21, 2022, engrossed.
27+January 24, 2022, read third time, passed. Yeas 47, nays 0.
28+HOUSE ACTION
29+January 31, 2022, read first time and referred to Committee on Public Health.
30+February 10, 2022, amended, reported — Do Pass. Referred to Committee on Ways and
31+Means pursuant to Rule 127.
32+February 21, 2022, amended, reported — Do Pass.
33+February 23, 2022, read second time, amended, ordered engrossed.
34+ES 5—LS 6630/DI 77 Digest Continued
35+license or provisional certificate. Requires the provisional license or
36+provisional certificate to be issued within 30 days. Provides for
37+penalties for submitting false information on an application for a
38+provisional license or provisional certificate. Requires a board to make
39+a final decision on a license or certificate application before the
40+expiration of a provisional license or provisional certificate. Provides
41+that if a board has a pending application for initial licensure or
42+certification that requires final approval by the board, the board shall
43+meet not more 31 days after the application is ready for approval.
44+Provides that the medical licensing board may not issue a physician's
45+license to an applicant using the reciprocity law beginning July 1, 2026.
46+Eliminates certain requirements for an applicant seeking licensure as
47+a clinical social worker, marriage and family therapist, mental health
48+counselor, addiction counselor, or clinical addiction counselor.
49+Requires the boards that regulate bachelor's degree social workers,
50+social workers, clinical social workers, marriage and family therapists,
51+mental health counselors, licensed addiction counselors, licensed
52+clinical addiction counselors, and respiratory care practitioners to issue
53+a license by reciprocity within 30 days if certain requirements are met.
54+Requires the speech-language pathology and audiology board to, before
55+January 1, 2023, initiate and make every effort to enter into reciprocity
56+agreements with contiguous states for individuals licensed as: (1) a
57+speech-language pathologist; and (2) an audiologist; to practice the
58+individual's profession under the license from one state in the other
59+state.
60+ES 5—LS 6630/DI 77ES 5—LS 6630/DI 77 Reprinted
61+February 24, 2022
162 Second Regular Session of the 122nd General Assembly (2022)
263 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
364 Constitution) is being amended, the text of the existing provision will appear in this style type,
465 additions will appear in this style type, and deletions will appear in this style type.
566 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
667 provision adopted), the text of the new provision will appear in this style type. Also, the
768 word NEW will appear in that style type in the introductory clause of each SECTION that adds
869 a new provision to the Indiana Code or the Indiana Constitution.
970 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1071 between statutes enacted by the 2021 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 5
12-AN ACT to amend the Indiana Code concerning professions and
13-occupations.
72+ENGROSSED
73+SENATE BILL No. 5
74+A BILL FOR AN ACT to amend the Indiana Code concerning
75+professions and occupations.
1476 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 25-0.5-11-1, AS ADDED BY P.L.3-2014,
16-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17-UPON PASSAGE]: Sec. 1. As used in IC 25-1-9 and IC 25-1-21,
18-"board" means any of the entities described in this chapter.
19-SECTION 2. IC 25-1-21 IS ADDED TO THE INDIANA CODE AS
20-A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
21-PASSAGE]:
22- Chapter 21. Reciprocity for Health Care Professionals
23-Sec. 1. (a) This chapter does not apply to any of the following
24-licenses:
77+1 SECTION 1. IC 12-15-15-1.2, AS ADDED BY P.L.132-2021,
78+2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
79+3 UPON PASSAGE]: Sec. 1.2. (a) This section applies only to state fiscal
80+4 years beginning after June 30, 2021, and ending before July 1, 2023.
81+5 (b) As used in this section, "children's hospital" means:
82+6 (1) a freestanding general acute care hospital that:
83+7 (A) is designated by the Medicare program as a children's
84+8 hospital; or
85+9 (B) furnishes inpatient and outpatient health care services to
86+10 patients who are predominantly individuals less than nineteen
87+11 (19) years of age; or
88+12 (2) a facility located within a freestanding general acute care
89+13 hospital that:
90+14 (A) is designated by the Medicare program as a children's
91+15 hospital; or
92+16 (B) furnishes inpatient and outpatient health care services to
93+17 patients who are predominately individuals less than nineteen
94+ES 5—LS 6630/DI 77 2
95+1 (19) years of age.
96+2 (c) This section applies to reimbursement for inpatient Medicaid
97+3 services and outpatient Medicaid services provided to a Medicaid
98+4 recipient who is less than nineteen (19) years of age at a children's
99+5 hospital that is located in a state bordering Indiana. This section does
100+6 not apply to reimbursement for non-emergency medical transportation.
101+7 (d) Subject to subsection (a), the office shall reimburse a children's
102+8 hospital for covered services provided to a Medicaid recipient that is
103+9 described in subsection (c) at a rate set by the secretary that is based on
104+10 a reimbursement formula that is:
105+11 (1) comparable to the current federal Medicare reimbursement
106+12 rate for the service provided by the children's hospital; or
107+13 (2) one hundred thirty percent (130%) of the Medicaid
108+14 reimbursement rate for a service that does not have a Medicare
109+15 reimbursement rate.
110+16 (e) Before September 1, 2021, the office shall apply to the United
111+17 States Department of Health and Human Services for any state plan
112+18 amendment or Medicaid waiver necessary to implement and administer
113+19 this section.
114+20 (f) The office may adopt rules under IC 4-22-2 necessary for the
115+21 implementation of this section.
116+22 (g) Not later than September 30, 2022, the office shall complete
117+23 a review of methods of calculating outlier payments in a way that
118+24 does not negatively impact final reimbursement determined
119+25 according to the rate set under subsection (d) as compared to final
120+26 reimbursement when calculated as if the rate adjustment was not
121+27 required under subsection (d).
122+28 (g) (h) This section expires July 1, 2023.
123+29 SECTION 2. IC 25-0.5-11-1, AS ADDED BY P.L.3-2014,
124+30 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
125+31 UPON PASSAGE]: Sec. 1. As used in IC 25-1-9 and IC 25-1-21,
126+32 "board" means any of the entities described in this chapter.
127+33 SECTION 3. IC 25-1-21 IS ADDED TO THE INDIANA CODE AS
128+34 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
129+35 PASSAGE]:
130+36 Chapter 21. Reciprocity for Health Care Professionals
131+37 Sec. 1. (a) Except for section 7 of this chapter, this chapter does
132+38 not apply to any of the following licenses:
133+39 (1) Any type of social work license issued under IC 25-23.6-5.
134+40 (2) Any type of marriage and family therapist license issued
135+41 under IC 25-23.6-8.
136+42 (3) Any type of mental health counselor license issued under
137+ES 5—LS 6630/DI 77 3
138+1 IC 25-23.6-8.5.
139+2 (4) Any type of addiction counselor or clinical addiction
140+3 counselor license issued under IC 25-23.6-10.5.
141+4 (5) Any type of respiratory care practitioner license issued
142+5 under IC 25-34.5.
143+6 (b) This chapter does not prohibit an applicant from proceeding
144+7 under other licensure, certification, registration, or permit
145+8 requirements established by a board or another law.
146+9 Sec. 2. As used in this chapter, "board" means any of the
147+10 entities described in IC 25-0.5-11.
148+11 Sec. 3. As used in this chapter, "jurisdiction" means the District
149+12 of Columbia, Puerto Rico, the United States Virgin Islands, or any
150+13 territory or insular possession subject to the jurisdiction of the
151+14 United States.
152+15 Sec. 4. As used in this chapter, "license" means an unlimited
153+16 license regulating the occupation in question.
154+17 Sec. 4.5. As used in this chapter, "provisional license or
155+18 provisional certificate" means a temporary license or certificate
156+19 issued under this chapter that allows the holder to practice the
157+20 occupation that was applied for and at the same practice level until
158+21 the license or certificate expires under section 7(c) of this chapter.
159+22 Sec. 5. Notwithstanding any other law, subject to section 11 of
160+23 this chapter, a board shall issue a license or certificate to an
161+24 applicant to allow the individual to practice the applicant's
162+25 occupation in Indiana if, upon application to the board, the
163+26 applicant satisfies the following conditions:
164+27 (1) Holds a current license or certificate from another state or
165+28 jurisdiction; and
166+29 (A) that state's or jurisdiction's requirements for a license
167+30 or certificate are substantially equivalent to or exceed the
168+31 requirements for a license or certificate of the board from
169+32 which the applicant is seeking licensure or certification; or
170+33 (B) when the person was licensed or certified by another
171+34 state:
172+35 (i) there were minimum education requirements in the
173+36 other state;
174+37 (ii) if there were applicable work experience and clinical
175+38 supervision requirements in effect, the person met those
176+39 requirements in order to be licensed or certified in that
177+40 state; and
178+41 (iii) if required by the other state, the person previously
179+42 passed an examination required for the license or
180+ES 5—LS 6630/DI 77 4
181+1 certification.
182+2 (2) Has not committed any act in any state or jurisdiction that
183+3 would have constituted grounds for refusal, suspension, or
184+4 revocation of a license, certificate, registration, or permit to
185+5 practice that occupation in Indiana at the time the act was
186+6 committed.
187+7 (3) Does not have a complaint or an investigation pending
188+8 before the regulating agency in another state or jurisdiction
189+9 that relates to unprofessional conduct.
190+10 (4) Is in good standing and has not been disciplined by the
191+11 agency that has authority to issue the license or certification.
192+12 (5) If a law regulating the applicant's occupation requires the
193+13 board to administer an examination on the relevant laws of
194+14 Indiana, the board may require the applicant to take and pass
195+15 an examination specific to the laws of Indiana.
196+16 (6) Pays any fees required by the board for which the
197+17 applicant is seeking licensure or certification.
198+18 Sec. 6. If a national criminal history background check (as
199+19 defined in IC 25-1-1.1-4) is required under IC 25-1-1.1-4 for the
200+20 occupation for which the applicant seeks a license or certificate,
201+21 not more than five (5) business days after the:
202+22 (1) professional licensing agency received the individual's
203+23 application for a license or certificate under this chapter; and
204+24 (2) individual has paid any fees required by the board for
205+25 which the applicant is seeking licensure or certification;
206+26 the professional licensing agency shall notify the applicant that the
207+27 applicant is eligible to submit a national criminal history
208+28 background check to the professional licensing agency.
209+29 Sec. 7. (a) Notwithstanding any other law, an applicant for a
210+30 license or certificate is entitled to a provisional license or
211+31 provisional certificate in the occupation applied for and at the
212+32 same practice level as determined by the board, without an
213+33 examination, if all of the following conditions are met:
214+34 (1) The individual submits a signed affidavit affirming, under
215+35 the penalties for perjury, the following:
216+36 (A) The individual is in good standing in all states and
217+37 jurisdictions in which the individual holds a license or
218+38 certificate for the occupation applied for.
219+39 (B) The individual has not had a license revoked and has
220+40 not voluntarily surrendered a license in another state or
221+41 jurisdiction while under investigation for unprofessional
222+42 conduct.
223+ES 5—LS 6630/DI 77 5
224+1 (C) The individual has not had discipline imposed by the
225+2 regulating agency for the occupation in another state or
226+3 jurisdiction.
227+4 (D) The individual does not have a complaint or an
228+5 investigation pending before the regulating agency in
229+6 another state or jurisdiction that relates to unprofessional
230+7 conduct.
231+8 (2) The individual does not have a disqualifying criminal
232+9 history, as determined by the board, if a national criminal
233+10 history background check (as defined in IC 25-1-1.1-4) is
234+11 required under IC 25-1-1.1-4 for the occupation for which the
235+12 applicant seeks a license or certificate.
236+13 (3) The individual submits verification that the individual is
237+14 currently licensed or certified in at least one (1) other state or
238+15 jurisdiction in the occupation applied for.
239+16 (4) The individual has submitted an application for a license
240+17 or certificate under this chapter with the board and has paid
241+18 any application fee.
242+19 (b) An applicant who has met the requirements in subsection (a)
243+20 shall be issued a provisional license or provisional certificate not
244+21 more than thirty (30) days after the requirements are met.
245+22 (c) A provisional license or provisional certificate expires on the
246+23 earlier of the following:
247+24 (1) Three hundred sixty-five (365) days after it is issued.
248+25 (2) The date on which the board approves and issues the
249+26 individual a license or certificate for the occupation.
250+27 (3) The date on which the board denies the individual's
251+28 application for a license or certificate for the occupation.
252+29 (d) In addition to any other penalties for perjury, an individual
253+30 who violates this section commits a Class A infraction.
254+31 (e) If the board discovers that any of the information submitted
255+32 under this section is false, the board may immediately revoke the
256+33 individual's provisional license or provisional certificate.
257+34 (f) This section does not apply to a license or certificate that is
258+35 established by or recognized through an interstate compact, a
259+36 reciprocity agreement, or a comity agreement that is established by
260+37 a board or a law.
261+38 (g) The board shall make a final decision on a license or
262+39 certificate application before the expiration of a provisional license
263+40 or provisional certificate issued under this section.
264+41 Sec. 8. A nonresident who is issued a license or certificate under
265+42 this chapter is entitled to the same rights and subject to the same
266+ES 5—LS 6630/DI 77 6
267+1 obligations as required of a resident who is issued a license or
268+2 certificate by a board.
269+3 Sec. 9. Notwithstanding any other law, if a board has a pending
270+4 application for initial licensure or certification that requires final
271+5 approval by the board, the board shall meet not more than
272+6 thirty-one (31) days after the application is ready for approval.
273+7 Sec. 10. A board may adopt rules under IC 4-22-2 necessary to
274+8 implement this chapter.
275+9 Sec. 11. Beginning July 1, 2026, the medical licensing board of
276+10 Indiana may not issue a license under this chapter to an applicant
277+11 seeking a license as a physician under IC 25-22.5.
278+12 SECTION 4. IC 25-23.6-5-3.1 IS AMENDED TO READ AS
279+13 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3.1. (a) Except as
280+14 provided in subsection (b), a graduate program is considered to have
281+15 emphasized direct clinical patient or clinic health care services if the
282+16 graduate program meets the following requirements:
283+17 (1) Required coursework in clinical social work and related areas
284+18 such as psychiatric social work, medical social work, social case
285+19 work, case management, psychotherapy, group therapy, and any
286+20 other coursework accepted by the board.
287+21 (2) Required a supervised field placement that was part of the
288+22 applicant's advanced concentration in direct practice, during
289+23 which the applicant provided clinical services directly to clients.
290+24 (3) Required completion of twenty-four (24) semester hours or
291+25 thirty-seven (37) quarter hours of clinically oriented services
292+26 courses in the theory and research of human behavior and social
293+27 environment and practice methods. However, if the graduate
294+28 degree was obtained before October 1, 1990, and the applicant
295+29 submitted an application under section 3 of this chapter (before
296+30 its repeal) before July 1, 1999, twenty-one (21) semester hours or
297+31 thirty-one (31) quarter hours in clinically oriented services are
298+32 required. Not more than six (6) semester hours or nine (9) quarter
299+33 hours of the clinically oriented services courses may be from
300+34 independent study coursework.
301+35 If the applicant's transcript does not clearly identify the content of the
302+36 coursework, the applicant shall submit a syllabus, a course catalog
303+37 description, or other documentation that describes the coursework.
304+38 (b) An applicant who graduated from a graduate program that did
305+39 not emphasize direct patient or client services may complete the
306+40 clinical curriculum requirement by returning to a graduate program
307+41 allowed under section 2(1)(B) of this chapter to complete the education
308+42 requirements.
309+ES 5—LS 6630/DI 77 7
310+1 (c) Coursework that was taken at a baccalaureate level does not
311+2 meet the requirements under this section unless an official of the
312+3 graduate program certifies that the specific course, which a student
313+4 enrolled in the same graduate program was ordinarily required to
314+5 complete at the graduate level, was waived or exempted based on
315+6 completion of a similar course at the baccalaureate level.
316+7 SECTION 5. IC 25-23.6-5-10.5, AS ADDED BY P.L.192-2017,
317+8 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
318+9 UPON PASSAGE]: Sec. 10.5. The board shall issue a license to an
319+10 individual to be a bachelor's degree social worker, social worker, or
320+11 clinical social worker, not more than thirty (30) days after the
321+12 application is filed and completed, if the individual:
322+13 (1) has a valid license or certificate to practice from another state
323+14 or jurisdiction;
324+15 (2) has passed an examination substantially equivalent to the level
325+16 for which licensure is being requested;
326+17 (3) does not have a pending disciplinary proceeding in another
327+18 state; and
328+19 (4) pays a fee.
329+20 SECTION 6. IC 25-23.6-8-2.5, AS AMENDED BY P.L.49-2019,
330+21 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
331+22 JULY 1, 2022]: Sec. 2.5. (a) An applicant for a license as a marriage
332+23 and family therapist under section 1 of this chapter or an applicant for
333+24 a license as a marriage and family therapist associate under section 1.5
334+25 of this chapter must complete the following educational requirements:
335+26 (1) Except as provided in subsection (b), complete twenty-seven
336+27 (27) semester hours or forty-one (41) quarter hours of graduate
337+28 course work that must include graduate level course credits with
338+29 material in at least the following content areas:
339+30 (A) Theoretical foundations of marriage and family therapy.
340+31 (B) Major models of marriage and family therapy.
341+32 (C) Individual development.
342+33 (D) Family development and family relationships.
343+34 (E) Clinical problems.
344+35 (F) Collaboration with other disciplines.
345+36 (G) Sexuality.
346+37 (H) Gender and sexual orientation.
347+38 (I) Issues of ethnicity, race, socioeconomic status, and culture.
348+39 (J) Therapy techniques.
349+40 (K) Behavioral research that focuses on the interpretation and
350+41 application of research data as it applies to clinical practice.
351+42 The content areas may be combined into any one (1) graduate
352+ES 5—LS 6630/DI 77 8
353+1 level course. if the applicant can prove that the course work was
354+2 devoted to each content area.
355+3 (2) Not less than one (1) graduate level course of two (2) semester
356+4 hours or three (3) quarter hours Graduate course work in the
357+5 following areas:
358+6 (A) Legal, ethical, and professional standards issues in the
359+7 practice of marriage and family therapy or an equivalent
360+8 course approved by the board.
361+9 (B) Appraisal and assessment for individual or interpersonal
362+10 disorder or dysfunction.
363+11 (3) At least one (1) supervised clinical practicum, internship, or
364+12 field experience in a marriage and family counseling setting that
365+13 meets the following requirements:
366+14 (A) The applicant provided five hundred (500) hours of
367+15 marriage and family therapy services, including at least four
368+16 hundred (400) face to face client contact hours, of which at
369+17 least two hundred (200) hours must be relational, under the
370+18 supervision of a licensed marriage and family therapist who
371+19 has at least five (5) years of experience or a qualified
372+20 supervisor approved by the board.
373+21 (B) The applicant received one hundred (100) hours of
374+22 supervision from a licensed marriage and family therapist who
375+23 has at least five (5) years experience as a qualified supervisor.
376+24 The requirements under clauses (A) and (B) may be met by a
377+25 supervised practice experience that took place away from an
378+26 institution of higher education but that is certified by an official
379+27 of the eligible postsecondary educational institution as being
380+28 equivalent to a graduate level practicum or internship program at
381+29 an institution accredited by an accrediting agency approved by the
382+30 United States Department of Education Commission on
383+31 Recognition of Postsecondary Education, the Association of
384+32 Universities and Colleges of Canada, or the Commission on
385+33 Accreditation for Marriage and Family Therapy Education.
386+34 (b) The following graduate work may not be used to satisfy the
387+35 content area requirements under subsection (a):
388+36 (1) Thesis or dissertation work.
389+37 (2) Practicums, internships, or fieldwork.
390+38 SECTION 7. IC 25-23.6-8-9.5, AS ADDED BY P.L.225-2017,
391+39 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
392+40 UPON PASSAGE]: Sec. 9.5. The board shall issue a license to an
393+41 individual to be a marriage and family therapist, not more than thirty
394+42 (30) days after the application is filed and completed, if the
395+ES 5—LS 6630/DI 77 9
396+1 individual:
397+2 (1) has a valid license or certificate to practice from another state
398+3 or jurisdiction;
399+4 (2) has passed an examination substantially equivalent to the level
400+5 for which licensure is being requested;
401+6 (3) does not have a pending disciplinary proceeding in another
402+7 state; and
403+8 (4) pays a fee.
404+9 SECTION 8. IC 25-23.6-8.5-3, AS AMENDED BY P.L.160-2018,
405+10 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
406+11 JULY 1, 2022]: Sec. 3. An applicant as a mental health counselor
407+12 under section 1 of this chapter or a mental health counselor associate
408+13 under section 1.5 of this chapter must complete the following
409+14 educational requirements:
410+15 (1) Complete sixty (60) semester hours of Graduate course work
411+16 in counseling that must include either a master's degree that
412+17 required not less than forty-eight (48) semester hours or a doctor's
413+18 degree in counseling. The graduate course work must include the
414+19 following content areas:
415+20 (A) Human growth and development.
416+21 (B) Social and cultural foundations of counseling.
417+22 (C) Helping relationship, including counseling theory and
418+23 practice.
419+24 (D) Group dynamics, processes, counseling, and consultation.
420+25 (E) Lifestyle and career development.
421+26 (F) Assessment and appraisal of individuals.
422+27 (G) Research and program evaluation.
423+28 (H) Professional orientation and ethics.
424+29 (I) Foundations of mental health counseling.
425+30 (J) Contextual dimensions of mental health counseling.
426+31 (K) Knowledge and skills for the practice of mental health
427+32 counseling and psychotherapy.
428+33 (L) Clinical instruction.
429+34 (2) Not less than one (1) supervised clinical practicum, internship,
430+35 or field experience in a counseling setting, which must include a
431+36 minimum of seven hundred (700) clock hours consisting of one
432+37 (1) practicum of one hundred (100) hours, and one (1) internship
433+38 of six hundred (600) hours with at least sixty-six (66) hours of
434+39 face to face supervision. This requirement may be met by a
435+40 supervised practice experience that took place away from an
436+41 eligible postsecondary educational institution but that is certified
437+42 by an official of the eligible postsecondary educational institution
438+ES 5—LS 6630/DI 77 10
439+1 as being equivalent to a clinical mental health graduate level
440+2 practicum or internship program at an institution accredited by an
441+3 accrediting agency approved by the United States Department of
442+4 Education or the Association of Universities and Colleges of
443+5 Canada.
444+6 SECTION 9. IC 25-23.6-8.5-9.5, AS ADDED BY P.L.225-2017,
445+7 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
446+8 UPON PASSAGE]: Sec. 9.5. The board shall issue a license to an
447+9 individual to be a mental health counselor, not more than thirty (30)
448+10 days after the application is filed and completed, if the individual:
449+11 (1) has a valid license or certificate to practice from another state
450+12 or jurisdiction;
451+13 (2) has passed an examination substantially equivalent to the level
452+14 for which licensure is being requested;
453+15 (3) does not have a pending disciplinary proceeding in another
454+16 state; and
455+17 (4) pays a fee.
456+18 SECTION 10. IC 25-23.6-10.5-5, AS AMENDED BY P.L.49-2019,
457+19 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
458+20 JULY 1, 2022]: Sec. 5. (a) An applicant under section 1 of this chapter
459+21 must complete the following educational requirements:
460+22 (1) Forty (40) semester hours or sixty (60) quarter hours of Course
461+23 work from an eligible postsecondary educational institution that
462+24 includes the following content areas:
463+25 (A) Addictions theory.
464+26 (B) Psychoactive drugs.
465+27 (C) Addictions counseling skills.
466+28 (D) Theories of personality.
467+29 (E) Developmental psychology.
468+30 (F) Abnormal psychology.
469+31 (G) Group work.
470+32 (H) Cultural competency.
471+33 (I) Ethics and professional development.
472+34 (J) Family education.
473+35 (K) Areas of content as approved by the board.
474+36 (2) At least one (1) supervised practicum, internship, or field
475+37 experience in an addiction counseling setting that requires the
476+38 applicant to provide at least three hundred fifty (350) hours of
477+39 addiction counseling services.
478+40 (b) The content areas under subsection (a)(1) may be combined into
479+41 any one (1) college level course. if the applicant can prove that the
480+42 course work was devoted to each content area listed in subsection
481+ES 5—LS 6630/DI 77 11
482+1 (a)(1).
483+2 SECTION 11. IC 25-23.6-10.5-6, AS AMENDED BY
484+3 P.L.207-2021, SECTION 27, IS AMENDED TO READ AS
485+4 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 6. (a) An applicant
486+5 under section 2 of this chapter must complete the following educational
487+6 requirements:
488+7 (1) Twenty-seven (27) semester hours or forty-one (41) quarter
489+8 hours of Graduate course work that must include graduate level
490+9 course credits with material in at least the following content areas:
491+10 (A) Addiction counseling theories and techniques.
492+11 (B) Psychopharmacology.
493+12 (C) Psychopathology.
494+13 (D) Clinical appraisal and assessment.
495+14 (E) Theory and practice of group addiction counseling.
496+15 (F) Counseling addicted family systems.
497+16 (G) Multicultural counseling.
498+17 (H) Research methods in addictions.
499+18 (I) Areas of content as approved by the board.
500+19 (2) At least one (1) graduate level course of two (2) semester
501+20 hours or three (3) quarter hours Graduate course work in the
502+21 following areas:
503+22 (A) Legal, ethical, and professional standards issues in the
504+23 practice of addiction counseling and therapy or an equivalent
505+24 course approved by the board.
506+25 (B) Appraisal and assessment for individual or interpersonal
507+26 disorder or dysfunction.
508+27 (3) At least one (1) supervised clinical practicum, internship, or
509+28 field experience in an addiction counseling setting that requires
510+29 the applicant to provide seven hundred (700) hours of clinical
511+30 addiction counseling services and that must include the following:
512+31 (A) Two hundred eighty (280) face to face client contact hours
513+32 of addiction counseling services under the supervision of a
514+33 qualified supervisor, as determined by the board.
515+34 (B) Thirty-five (35) hours of supervision from a qualified
516+35 supervisor, as determined by the board.
517+36 However, an applicant who has completed a clinical practicum,
518+37 an internship, or field experience to obtain another license under
519+38 this article is not required to complete the clinical addiction
520+39 counseling services hours required under this subdivision.
521+40 (4) Any qualifications established by the board under subsection
522+41 (c).
523+42 (b) The content areas under subsection (a)(1) may be combined into
524+ES 5—LS 6630/DI 77 12
525+1 any one (1) graduate level course. if the applicant can prove that the
526+2 course work was devoted to each content area.
527+3 (c) The board shall adopt rules to establish any additional
528+4 educational or clinical qualifications as specified by the Council for
529+5 Accreditation of Counseling and Related Educational Programs or a
530+6 successor organization.
531+7 SECTION 12. IC 25-23.6-10.5-9.5, AS ADDED BY P.L.225-2017,
532+8 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
533+9 UPON PASSAGE]: Sec. 9.5. The board shall issue a license to an
534+10 individual to be a licensed addiction counselor or licensed clinical
535+11 addiction counselor, not more than thirty (30) days after the
536+12 application is filed and completed, if the individual:
537+13 (1) has a valid license or certificate to practice from another state
538+14 or jurisdiction;
539+15 (2) has passed an examination substantially equivalent to the level
540+16 for which licensure is being requested;
541+17 (3) does not have a pending disciplinary proceeding in another
542+18 state; and
543+19 (4) pays a fee.
544+20 SECTION 13. IC 25-34.5-2-10.1 IS AMENDED TO READ AS
545+21 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10.1. (a) The
546+22 committee may shall issue a temporary permit to a person to practice
547+23 respiratory care or to profess to be a respiratory care practitioner, not
548+24 more than thirty (30) days after the application is filed and
549+25 completed, if the person pays a fee and:
550+26 (1) has:
551+27 (A) a valid license or certificate to practice from another state;
552+28 and
553+29 (B) applied for a license from the committee;
554+30 (2) is practicing in a state that does not license or certify
555+31 respiratory care practitioners but is credentialed by a national
556+32 respiratory care practitioner association approved by the
557+33 committee, and the person has applied for a license from the
558+34 committee; or
559+35 (3) has:
560+36 (A) been approved by the committee to take the next
561+37 examination; and
562+38 (B) graduated from a school or program approved by the
563+39 committee.
564+40 (b) A temporary permit expires the earlier of:
565+41 (1) the date the person holding the permit is issued a license under
566+42 this article; or
567+ES 5—LS 6630/DI 77 13
568+1 (2) the date the committee disapproves the person's license
569+2 application.
570+3 (c) The committee may renew a temporary permit if the person
571+4 holding the permit was scheduled to take the next examination and:
572+5 (1) did not take the examination; and
573+6 (2) shows good cause for not taking the examination.
574+7 (d) A permit renewed under subsection (c) expires on the date the
575+8 person holding the permit receives the results from the next
576+9 examination given after the permit was issued.
577+10 SECTION 14. IC 25-34.5-2-11 IS AMENDED TO READ AS
578+11 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) The
579+12 committee may shall issue a license by endorsement, not more than
580+13 thirty (30) days after the application is filed and completed, to a
581+14 person who:
582+15 (1) presents satisfactory evidence to the committee that the person
583+16 holds:
584+17 (A) a license or certification to practice respiratory care in:
585+18 (i) another state; or
586+19 (ii) a jurisdiction of Canada; or
587+20 (B) credentials issued by a national respiratory care
588+21 practitioner organization approved by the committee;
589+22 (2) meets the requirements of section 8 of this chapter; and
590+23 (3) pays a fee determined by the board after consideration of a
591+24 recommendation of the committee.
592+25 (b) If the applicant presents satisfactory evidence that the applicant
593+26 has actively engaged in the practice of respiratory care that included
594+27 actual patient care:
595+28 (1) in another jurisdiction;
596+29 (2) under the supervision of a physician licensed in that
597+30 jurisdiction; and
598+31 (3) for at least ten (10) of the previous fifteen (15) years
599+32 preceding the date of application;
600+33 the committee may waive the education requirements under subsection
601+34 (a)(2) and section 8(b) of this chapter if the committee determines that
602+35 the applicant has sufficient knowledge and experience.
603+36 SECTION 15. IC 25-35.6-1-5.5, AS ADDED BY P.L.216-2021,
604+37 SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
605+38 UPON PASSAGE]: Sec. 5.5. (a) An individual may practice
606+39 speech-language pathology in Indiana under a license to practice
607+40 speech-language pathology issued by a state that has entered into a
608+41 reciprocity agreement with the board under which an individual
609+42 licensed to practice speech-language pathology in Indiana is authorized
610+ES 5—LS 6630/DI 77 14
611+1 to practice speech-language pathology in the other state under the
612+2 individual's Indiana speech-language pathology license.
613+3 (b) Before January 1, 2023, the board shall initiate and make
614+4 every effort to enter into a reciprocity agreement with another
615+5 state that:
616+6 (1) is contiguous to Indiana; and
617+7 (2) is not a member of an interstate compact with Indiana
618+8 concerning speech-language pathology;
619+9 that would allow an individual licensed to practice speech-language
620+10 pathology in Indiana or the other state to practice in the other state
621+11 under the individual's speech-language pathology license.
622+12 SECTION 16. IC 25-35.6-1-6.5, AS ADDED BY P.L.216-2021,
623+13 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
624+14 UPON PASSAGE]: Sec. 6.5. (a) An individual may practice audiology
625+15 in Indiana under a license to practice audiology issued by a state that
626+16 has entered into a reciprocity agreement with the board under which an
627+17 individual licensed to practice audiology in Indiana is authorized to
628+18 practice audiology in the other state under the individual's Indiana
629+19 audiology license.
630+20 (b) Before January 1, 2023, the board shall initiate and make
631+21 every effort to enter into a reciprocity agreement with another
632+22 state that:
633+23 (1) is contiguous to Indiana; and
634+24 (2) is not a member of an interstate compact with Indiana
635+25 concerning audiology;
636+26 that would allow an individual licensed to practice audiology in
637+27 Indiana or the other state to practice in the other state under the
638+28 individual's audiology license.
639+29 SECTION 17. An emergency is declared for this act.
640+ES 5—LS 6630/DI 77 15
641+COMMITTEE REPORT
642+Madam President: The Senate Committee on Health and Provider
643+Services, to which was referred Senate Bill No. 5, has had the same
644+under consideration and begs leave to report the same back to the
645+Senate with the recommendation that said bill be AMENDED as
646+follows:
647+Page 2, between lines 2 and 3, begin a new paragraph and insert:
648+"Sec. 4.5. As used in this chapter, "provisional license or
649+provisional certificate" means a temporary license or certificate
650+issued under this chapter that allows the holder to practice the
651+occupation that was applied for and at the same practice level until
652+the license or certificate expires under section 7(c) of this chapter.".
653+and when so amended that said bill do pass.
654+(Reference is to SB 5 as introduced.)
655+CHARBONNEAU, Chairperson
656+Committee Vote: Yeas 10, Nays 0.
657+_____
658+SENATE MOTION
659+Madam President: I move that Senate Bill 5 be amended to read as
660+follows:
661+Page 1, line 9, after "1." insert "(a) This chapter does not apply to
662+any of the following licenses:
25663 (1) Any type of social work license issued under IC 25-23.6-5.
26664 (2) Any type of marriage and family therapist license issued
27665 under IC 25-23.6-8.
28666 (3) Any type of mental health counselor license issued under
29667 IC 25-23.6-8.5.
30668 (4) Any type of addiction counselor or clinical addiction
31669 counselor license issued under IC 25-23.6-10.5.
32670 (5) Any type of respiratory care practitioner license issued
33671 under IC 25-34.5.
34-(b) This chapter does not prohibit an applicant from proceeding
35-under other licensure, certification, registration, or permit
36-SEA 5 — CC 1 2
37-requirements established by a board or another law.
38-Sec. 2. As used in this chapter, "board" means any of the
39-entities described in IC 25-0.5-11.
40-Sec. 3. As used in this chapter, "jurisdiction" means the District
41-of Columbia, Puerto Rico, the United States Virgin Islands, or any
42-territory or insular possession subject to the jurisdiction of the
43-United States.
44-Sec. 4. As used in this chapter, "license" means an unlimited
45-license regulating the occupation in question.
46-Sec. 4.5. As used in this chapter, "provisional license or
47-provisional certificate" means a temporary license or certificate
48-issued under this chapter that allows the holder to practice the
49-occupation that was applied for and at the same practice level until
50-the license or certificate expires under section 7(c) of this chapter.
51-Sec. 5. Notwithstanding any other law, subject to section 11 of
52-this chapter, a board shall issue a license or certificate to an
53-applicant to allow the individual to practice the applicant's
54-occupation in Indiana if, upon application to the board, the
55-applicant satisfies the following conditions:
56-(1) Holds a current license or certificate from another state or
57-jurisdiction; and
58-(A) that state's or jurisdiction's requirements for a license
59-or certificate are substantially equivalent to or exceed the
60-requirements for a license or certificate of the board from
61-which the applicant is seeking licensure or certification; or
62-(B) when the person was licensed or certified by another
63-state:
64-(i) there were minimum education requirements in the
65-other state;
66-(ii) if there were applicable work experience and clinical
67-supervision requirements in effect, the person met those
68-requirements in order to be licensed or certified in that
69-state; and
70-(iii) if required by the other state, the person previously
71-passed an examination required for the license or
72-certification.
73-(2) Has not committed any act in any state or jurisdiction that
74-would have constituted grounds for refusal, suspension, or
75-revocation of a license, certificate, registration, or permit to
76-practice that occupation in Indiana at the time the act was
77-committed.
78-(3) Does not have a complaint or an investigation pending
79-SEA 5 — CC 1 3
80-before the regulating agency in another state or jurisdiction
81-that relates to unprofessional conduct.
82-(4) Is in good standing and has not been disciplined by the
83-agency that has authority to issue the license or certification.
84-(5) If a law regulating the applicant's occupation requires the
85-board to administer an examination on the relevant laws of
86-Indiana, the board may require the applicant to take and pass
87-an examination specific to the laws of Indiana.
88-(6) Pays any fees required by the board for which the
89-applicant is seeking licensure or certification.
90-Sec. 6. If a national criminal history background check (as
91-defined in IC 25-1-1.1-4) is required under IC 25-1-1.1-4 for the
92-occupation for which the applicant seeks a license or certificate,
93-not more than five (5) business days after the:
94-(1) professional licensing agency received the individual's
95-application for a license or certificate under this chapter; and
96-(2) individual has paid any fees required by the board for
97-which the applicant is seeking licensure or certification;
98-the professional licensing agency shall notify the applicant that the
99-applicant is eligible to submit a national criminal history
100-background check to the professional licensing agency.
101-Sec. 7. (a) Notwithstanding any other law, an applicant for a
102-license or certificate is entitled to a provisional license or
103-provisional certificate in the occupation applied for and at the
104-same practice level as determined by the board, without an
105-examination, if all of the following conditions are met:
106-(1) The individual submits a signed affidavit affirming, under
107-the penalties for perjury, the following:
108-(A) The individual is in good standing in all states and
109-jurisdictions in which the individual holds a license or
110-certificate for the occupation applied for.
111-(B) The individual has not had a license revoked and has
112-not voluntarily surrendered a license in another state or
113-jurisdiction while under investigation for unprofessional
114-conduct.
115-(C) The individual has not had discipline imposed by the
116-regulating agency for the occupation in another state or
117-jurisdiction.
118-(D) The individual does not have a complaint or an
119-investigation pending before the regulating agency in
120-another state or jurisdiction that relates to unprofessional
121-conduct.
122-SEA 5 — CC 1 4
123-(2) The individual does not have a disqualifying criminal
124-history, as determined by the board, if a national criminal
125-history background check (as defined in IC 25-1-1.1-4) is
126-required under IC 25-1-1.1-4 for the occupation for which the
127-applicant seeks a license or certificate.
128-(3) The individual submits verification that the individual is
129-currently licensed or certified in at least one (1) other state or
130-jurisdiction in the occupation applied for.
131-(4) The individual has submitted an application for a license
132-or certificate under this chapter with the board and has paid
133-any application fee.
134-(b) An applicant who has met the requirements in subsection (a)
135-shall be issued a provisional license or provisional certificate not
136-more than thirty (30) days after the requirements are met.
137-(c) A provisional license or provisional certificate expires on the
138-earlier of the following:
139-(1) Three hundred sixty-five (365) days after it is issued.
140-(2) The date on which the board approves and issues the
141-individual a license or certificate for the occupation.
142-(3) The date on which the board denies the individual's
143-application for a license or certificate for the occupation.
144-(d) In addition to any other penalties for perjury, an individual
145-who violates this section commits a Class A infraction.
146-(e) If the board discovers that any of the information submitted
147-under this section is false, the board may immediately revoke the
148-individual's provisional license or provisional certificate.
149-(f) This section does not apply to a license or certificate that is
150-established by or recognized through an interstate compact, a
151-reciprocity agreement, or a comity agreement that is established by
152-a board or a law.
153-(g) The board shall make a final decision on a license or
672+(b)".
673+Page 4, between lines 36 and 37, begin a new paragraph and insert:
674+"SECTION 3. IC 25-35.6-1-5.5, AS ADDED BY P.L.216-2021,
675+SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
676+UPON PASSAGE]: Sec. 5.5. (a) An individual may practice
677+ES 5—LS 6630/DI 77 16
678+speech-language pathology in Indiana under a license to practice
679+speech-language pathology issued by a state that has entered into a
680+reciprocity agreement with the board under which an individual
681+licensed to practice speech-language pathology in Indiana is authorized
682+to practice speech-language pathology in the other state under the
683+individual's Indiana speech-language pathology license.
684+(b) Before January 1, 2023, the board shall initiate and make
685+every effort to enter into a reciprocity agreement with another
686+state that:
687+(1) is contiguous to Indiana; and
688+(2) is not a member of an interstate compact with Indiana
689+concerning speech-language pathology;
690+that would allow an individual licensed to practice speech-language
691+pathology in Indiana or the other state to practice in the other state
692+under the individual's speech-language pathology license.
693+SECTION 4. IC 25-35.6-1-6.5, AS ADDED BY P.L.216-2021,
694+SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
695+UPON PASSAGE]: Sec. 6.5. (a) An individual may practice audiology
696+in Indiana under a license to practice audiology issued by a state that
697+has entered into a reciprocity agreement with the board under which an
698+individual licensed to practice audiology in Indiana is authorized to
699+practice audiology in the other state under the individual's Indiana
700+audiology license.
701+(b) Before January 1, 2023, the board shall initiate and make
702+every effort to enter into a reciprocity agreement with another
703+state that:
704+(1) is contiguous to Indiana; and
705+(2) is not a member of an interstate compact with Indiana
706+concerning audiology;
707+that would allow an individual licensed to practice audiology in
708+Indiana or the other state to practice in the other state under the
709+individual's audiology license.".
710+Renumber all SECTIONS consecutively.
711+(Reference is to SB 5 as printed January 13, 2022.)
712+BROWN L
713+ES 5—LS 6630/DI 77 17
714+COMMITTEE REPORT
715+Mr. Speaker: Your Committee on Public Health, to which was
716+referred Senate Bill 5, has had the same under consideration and begs
717+leave to report the same back to the House with the recommendation
718+that said bill be amended as follows:
719+Page 1, line 9, delete "This" and insert "Except for section 7 of this
720+chapter, this".
721+Page 4, between lines 34 and 35, begin a new paragraph and insert:
722+"(g) The board shall make a final decision on a license or
154723 certificate application before the expiration of a provisional license
155-or provisional certificate issued under this section.
156-Sec. 8. A nonresident who is issued a license or certificate under
157-this chapter is entitled to the same rights and subject to the same
158-obligations as required of a resident who is issued a license or
159-certificate by a board.
160-Sec. 9. Notwithstanding any other law, if a board has a pending
161-application for initial licensure or certification that requires final
162-approval by the board, the board shall meet not more than
163-thirty-one (31) days after the application is ready for approval.
164-Sec. 10. A board may adopt rules under IC 4-22-2 necessary to
165-SEA 5 — CC 1 5
166-implement this chapter.
167-Sec. 11. Beginning July 1, 2026, the medical licensing board of
168-Indiana may not issue a license under this chapter to an applicant
169-seeking a license as a physician under IC 25-22.5.
170-SECTION 3. IC 25-23.6-5-3.1 IS AMENDED TO READ AS
724+or provisional certificate issued under this section.".
725+Page 5, between lines 5 and 6, begin a new paragraph and insert:
726+"SECTION 3. IC 25-23.6-5-3.1 IS AMENDED TO READ AS
171727 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3.1. (a) Except as
172728 provided in subsection (b), a graduate program is considered to have
173729 emphasized direct clinical patient or clinic health care services if the
174730 graduate program meets the following requirements:
175731 (1) Required coursework in clinical social work and related areas
176732 such as psychiatric social work, medical social work, social case
177733 work, case management, psychotherapy, group therapy, and any
178734 other coursework accepted by the board.
179735 (2) Required a supervised field placement that was part of the
180736 applicant's advanced concentration in direct practice, during
181737 which the applicant provided clinical services directly to clients.
182738 (3) Required completion of twenty-four (24) semester hours or
183739 thirty-seven (37) quarter hours of clinically oriented services
184740 courses in the theory and research of human behavior and social
185741 environment and practice methods. However, if the graduate
186742 degree was obtained before October 1, 1990, and the applicant
187743 submitted an application under section 3 of this chapter (before
188744 its repeal) before July 1, 1999, twenty-one (21) semester hours or
189745 thirty-one (31) quarter hours in clinically oriented services are
190746 required. Not more than six (6) semester hours or nine (9) quarter
191747 hours of the clinically oriented services courses may be from
192748 independent study coursework.
193749 If the applicant's transcript does not clearly identify the content of the
194750 coursework, the applicant shall submit a syllabus, a course catalog
195751 description, or other documentation that describes the coursework.
196752 (b) An applicant who graduated from a graduate program that did
197753 not emphasize direct patient or client services may complete the
198754 clinical curriculum requirement by returning to a graduate program
755+ES 5—LS 6630/DI 77 18
199756 allowed under section 2(1)(B) of this chapter to complete the education
200757 requirements.
201758 (c) Coursework that was taken at a baccalaureate level does not
202759 meet the requirements under this section unless an official of the
203760 graduate program certifies that the specific course, which a student
204761 enrolled in the same graduate program was ordinarily required to
205762 complete at the graduate level, was waived or exempted based on
206763 completion of a similar course at the baccalaureate level.
207764 SECTION 4. IC 25-23.6-5-10.5, AS ADDED BY P.L.192-2017,
208-SEA 5 — CC 1 6
209765 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
210766 UPON PASSAGE]: Sec. 10.5. The board shall issue a license to an
211767 individual to be a bachelor's degree social worker, social worker, or
212768 clinical social worker, not more than thirty (30) days after the
213-application is filed and completed, if the individual:
769+application is filed, if the individual:
214770 (1) has a valid license or certificate to practice from another state
215771 or jurisdiction;
216772 (2) has passed an examination substantially equivalent to the level
217773 for which licensure is being requested;
218774 (3) does not have a pending disciplinary proceeding in another
219775 state; and
220776 (4) pays a fee.
221777 SECTION 5. IC 25-23.6-8-2.5, AS AMENDED BY P.L.49-2019,
222778 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
223779 JULY 1, 2022]: Sec. 2.5. (a) An applicant for a license as a marriage
224780 and family therapist under section 1 of this chapter or an applicant for
225781 a license as a marriage and family therapist associate under section 1.5
226782 of this chapter must complete the following educational requirements:
227783 (1) Except as provided in subsection (b), complete twenty-seven
228784 (27) semester hours or forty-one (41) quarter hours of graduate
229785 course work that must include graduate level course credits with
230786 material in at least the following content areas:
231787 (A) Theoretical foundations of marriage and family therapy.
232788 (B) Major models of marriage and family therapy.
233789 (C) Individual development.
234790 (D) Family development and family relationships.
235791 (E) Clinical problems.
236792 (F) Collaboration with other disciplines.
237793 (G) Sexuality.
238794 (H) Gender and sexual orientation.
239795 (I) Issues of ethnicity, race, socioeconomic status, and culture.
240796 (J) Therapy techniques.
241797 (K) Behavioral research that focuses on the interpretation and
798+ES 5—LS 6630/DI 77 19
242799 application of research data as it applies to clinical practice.
243800 The content areas may be combined into any one (1) graduate
244801 level course. if the applicant can prove that the course work was
245802 devoted to each content area.
246803 (2) Not less than one (1) graduate level course of two (2) semester
247804 hours or three (3) quarter hours Graduate course work in the
248805 following areas:
249806 (A) Legal, ethical, and professional standards issues in the
250807 practice of marriage and family therapy or an equivalent
251-SEA 5 — CC 1 7
252808 course approved by the board.
253809 (B) Appraisal and assessment for individual or interpersonal
254810 disorder or dysfunction.
255811 (3) At least one (1) supervised clinical practicum, internship, or
256812 field experience in a marriage and family counseling setting that
257813 meets the following requirements:
258814 (A) The applicant provided five hundred (500) hours of
259815 marriage and family therapy services, including at least four
260816 hundred (400) face to face client contact hours, of which at
261817 least two hundred (200) hours must be relational, under the
262818 supervision of a licensed marriage and family therapist who
263819 has at least five (5) years of experience or a qualified
264820 supervisor approved by the board.
265821 (B) The applicant received one hundred (100) hours of
266822 supervision from a licensed marriage and family therapist who
267823 has at least five (5) years experience as a qualified supervisor.
268824 The requirements under clauses (A) and (B) may be met by a
269825 supervised practice experience that took place away from an
270826 institution of higher education but that is certified by an official
271827 of the eligible postsecondary educational institution as being
272828 equivalent to a graduate level practicum or internship program at
273829 an institution accredited by an accrediting agency approved by the
274830 United States Department of Education Commission on
275831 Recognition of Postsecondary Education, the Association of
276832 Universities and Colleges of Canada, or the Commission on
277833 Accreditation for Marriage and Family Therapy Education.
278834 (b) The following graduate work may not be used to satisfy the
279835 content area requirements under subsection (a):
280836 (1) Thesis or dissertation work.
281837 (2) Practicums, internships, or fieldwork.
282838 SECTION 6. IC 25-23.6-8-9.5, AS ADDED BY P.L.225-2017,
283839 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
284840 UPON PASSAGE]: Sec. 9.5. The board shall issue a license to an
841+ES 5—LS 6630/DI 77 20
285842 individual to be a marriage and family therapist, not more than thirty
286-(30) days after the application is filed and completed, if the
287-individual:
843+(30) days after the application is filed, if the individual:
288844 (1) has a valid license or certificate to practice from another state
289845 or jurisdiction;
290846 (2) has passed an examination substantially equivalent to the level
291847 for which licensure is being requested;
292848 (3) does not have a pending disciplinary proceeding in another
293849 state; and
294-SEA 5 — CC 1 8
295850 (4) pays a fee.
296851 SECTION 7. IC 25-23.6-8.5-3, AS AMENDED BY P.L.160-2018,
297852 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
298853 JULY 1, 2022]: Sec. 3. An applicant as a mental health counselor
299854 under section 1 of this chapter or a mental health counselor associate
300855 under section 1.5 of this chapter must complete the following
301856 educational requirements:
302857 (1) Complete sixty (60) semester hours of Graduate course work
303858 in counseling that must include either a master's degree that
304859 required not less than forty-eight (48) semester hours or a doctor's
305860 degree in counseling. The graduate course work must include the
306861 following content areas:
307862 (A) Human growth and development.
308863 (B) Social and cultural foundations of counseling.
309864 (C) Helping relationship, including counseling theory and
310865 practice.
311866 (D) Group dynamics, processes, counseling, and consultation.
312867 (E) Lifestyle and career development.
313868 (F) Assessment and appraisal of individuals.
314869 (G) Research and program evaluation.
315870 (H) Professional orientation and ethics.
316871 (I) Foundations of mental health counseling.
317872 (J) Contextual dimensions of mental health counseling.
318873 (K) Knowledge and skills for the practice of mental health
319874 counseling and psychotherapy.
320875 (L) Clinical instruction.
321876 (2) Not less than one (1) supervised clinical practicum, internship,
322877 or field experience in a counseling setting, which must include a
323878 minimum of seven hundred (700) clock hours consisting of one
324879 (1) practicum of one hundred (100) hours, and one (1) internship
325880 of six hundred (600) hours with at least sixty-six (66) hours of
326881 face to face supervision. This requirement may be met by a
327882 supervised practice experience that took place away from an
328883 eligible postsecondary educational institution but that is certified
884+ES 5—LS 6630/DI 77 21
329885 by an official of the eligible postsecondary educational institution
330886 as being equivalent to a clinical mental health graduate level
331887 practicum or internship program at an institution accredited by an
332888 accrediting agency approved by the United States Department of
333889 Education or the Association of Universities and Colleges of
334890 Canada.
335891 SECTION 8. IC 25-23.6-8.5-9.5, AS ADDED BY P.L.225-2017,
336892 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
337-SEA 5 — CC 1 9
338893 UPON PASSAGE]: Sec. 9.5. The board shall issue a license to an
339894 individual to be a mental health counselor, not more than thirty (30)
340-days after the application is filed and completed, if the individual:
895+days after the application is filed, if the individual:
341896 (1) has a valid license or certificate to practice from another state
342897 or jurisdiction;
343898 (2) has passed an examination substantially equivalent to the level
344899 for which licensure is being requested;
345900 (3) does not have a pending disciplinary proceeding in another
346901 state; and
347902 (4) pays a fee.
348903 SECTION 9. IC 25-23.6-10.5-5, AS AMENDED BY P.L.49-2019,
349904 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
350905 JULY 1, 2022]: Sec. 5. (a) An applicant under section 1 of this chapter
351906 must complete the following educational requirements:
352907 (1) Forty (40) semester hours or sixty (60) quarter hours of Course
353908 work from an eligible postsecondary educational institution that
354909 includes the following content areas:
355910 (A) Addictions theory.
356911 (B) Psychoactive drugs.
357912 (C) Addictions counseling skills.
358913 (D) Theories of personality.
359914 (E) Developmental psychology.
360915 (F) Abnormal psychology.
361916 (G) Group work.
362917 (H) Cultural competency.
363918 (I) Ethics and professional development.
364919 (J) Family education.
365920 (K) Areas of content as approved by the board.
366921 (2) At least one (1) supervised practicum, internship, or field
367922 experience in an addiction counseling setting that requires the
368923 applicant to provide at least three hundred fifty (350) hours of
369924 addiction counseling services.
370925 (b) The content areas under subsection (a)(1) may be combined into
371926 any one (1) college level course. if the applicant can prove that the
927+ES 5—LS 6630/DI 77 22
372928 course work was devoted to each content area listed in subsection
373929 (a)(1).
374930 SECTION 10. IC 25-23.6-10.5-6, AS AMENDED BY
375931 P.L.207-2021, SECTION 27, IS AMENDED TO READ AS
376932 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 6. (a) An applicant
377933 under section 2 of this chapter must complete the following educational
378934 requirements:
379935 (1) Twenty-seven (27) semester hours or forty-one (41) quarter
380-SEA 5 — CC 1 10
381936 hours of Graduate course work that must include graduate level
382937 course credits with material in at least the following content areas:
383938 (A) Addiction counseling theories and techniques.
384939 (B) Psychopharmacology.
385940 (C) Psychopathology.
386941 (D) Clinical appraisal and assessment.
387942 (E) Theory and practice of group addiction counseling.
388943 (F) Counseling addicted family systems.
389944 (G) Multicultural counseling.
390945 (H) Research methods in addictions.
391946 (I) Areas of content as approved by the board.
392947 (2) At least one (1) graduate level course of two (2) semester
393948 hours or three (3) quarter hours Graduate course work in the
394949 following areas:
395950 (A) Legal, ethical, and professional standards issues in the
396951 practice of addiction counseling and therapy or an equivalent
397952 course approved by the board.
398953 (B) Appraisal and assessment for individual or interpersonal
399954 disorder or dysfunction.
400955 (3) At least one (1) supervised clinical practicum, internship, or
401956 field experience in an addiction counseling setting that requires
402957 the applicant to provide seven hundred (700) hours of clinical
403958 addiction counseling services and that must include the following:
404959 (A) Two hundred eighty (280) face to face client contact hours
405960 of addiction counseling services under the supervision of a
406961 qualified supervisor, as determined by the board.
407962 (B) Thirty-five (35) hours of supervision from a qualified
408963 supervisor, as determined by the board.
409964 However, an applicant who has completed a clinical practicum,
410965 an internship, or field experience to obtain another license under
411966 this article is not required to complete the clinical addiction
412967 counseling services hours required under this subdivision.
413968 (4) Any qualifications established by the board under subsection
414969 (c).
970+ES 5—LS 6630/DI 77 23
415971 (b) The content areas under subsection (a)(1) may be combined into
416972 any one (1) graduate level course. if the applicant can prove that the
417973 course work was devoted to each content area.
418974 (c) The board shall adopt rules to establish any additional
419975 educational or clinical qualifications as specified by the Council for
420976 Accreditation of Counseling and Related Educational Programs or a
421977 successor organization.
422978 SECTION 11. IC 25-23.6-10.5-9.5, AS ADDED BY P.L.225-2017,
423-SEA 5 — CC 1 11
424979 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
425980 UPON PASSAGE]: Sec. 9.5. The board shall issue a license to an
426981 individual to be a licensed addiction counselor or licensed clinical
427982 addiction counselor, not more than thirty (30) days after the
428-application is filed and completed, if the individual:
983+application is filed, if the individual:
429984 (1) has a valid license or certificate to practice from another state
430985 or jurisdiction;
431986 (2) has passed an examination substantially equivalent to the level
432987 for which licensure is being requested;
433988 (3) does not have a pending disciplinary proceeding in another
434989 state; and
435990 (4) pays a fee.
436991 SECTION 12. IC 25-34.5-2-10.1 IS AMENDED TO READ AS
437992 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10.1. (a) The
438993 committee may shall issue a temporary permit to a person to practice
439994 respiratory care or to profess to be a respiratory care practitioner, not
440-more than thirty (30) days after the application is filed and
441-completed, if the person pays a fee and:
995+more than thirty (30) days after the application is filed, if the person
996+pays a fee and:
442997 (1) has:
443998 (A) a valid license or certificate to practice from another state;
444999 and
4451000 (B) applied for a license from the committee;
4461001 (2) is practicing in a state that does not license or certify
4471002 respiratory care practitioners but is credentialed by a national
4481003 respiratory care practitioner association approved by the
4491004 committee, and the person has applied for a license from the
4501005 committee; or
4511006 (3) has:
4521007 (A) been approved by the committee to take the next
4531008 examination; and
4541009 (B) graduated from a school or program approved by the
4551010 committee.
4561011 (b) A temporary permit expires the earlier of:
4571012 (1) the date the person holding the permit is issued a license under
1013+ES 5—LS 6630/DI 77 24
4581014 this article; or
4591015 (2) the date the committee disapproves the person's license
4601016 application.
4611017 (c) The committee may renew a temporary permit if the person
4621018 holding the permit was scheduled to take the next examination and:
4631019 (1) did not take the examination; and
4641020 (2) shows good cause for not taking the examination.
4651021 (d) A permit renewed under subsection (c) expires on the date the
466-SEA 5 — CC 1 12
4671022 person holding the permit receives the results from the next
4681023 examination given after the permit was issued.
4691024 SECTION 13. IC 25-34.5-2-11 IS AMENDED TO READ AS
4701025 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) The
4711026 committee may shall issue a license by endorsement, not more than
472-thirty (30) days after the application is filed and completed, to a
473-person who:
1027+thirty (30) days after the application is filed, to a person who:
4741028 (1) presents satisfactory evidence to the committee that the person
4751029 holds:
4761030 (A) a license or certification to practice respiratory care in:
4771031 (i) another state; or
4781032 (ii) a jurisdiction of Canada; or
4791033 (B) credentials issued by a national respiratory care
4801034 practitioner organization approved by the committee;
4811035 (2) meets the requirements of section 8 of this chapter; and
4821036 (3) pays a fee determined by the board after consideration of a
4831037 recommendation of the committee.
4841038 (b) If the applicant presents satisfactory evidence that the applicant
4851039 has actively engaged in the practice of respiratory care that included
4861040 actual patient care:
4871041 (1) in another jurisdiction;
4881042 (2) under the supervision of a physician licensed in that
4891043 jurisdiction; and
4901044 (3) for at least ten (10) of the previous fifteen (15) years
4911045 preceding the date of application;
4921046 the committee may waive the education requirements under subsection
4931047 (a)(2) and section 8(b) of this chapter if the committee determines that
494-the applicant has sufficient knowledge and experience.
495-SECTION 14. IC 25-35.6-1-3, AS AMENDED BY P.L.216-2021,
496-SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
497-JULY 1, 2022]: Sec. 3. (a) Licensure shall be granted either in
498-speech-language pathology or audiology independently. A person may
499-be licensed in both areas if the person meets the respective
500-qualifications.
501-(b) Except as provided in sections 5.5 and 6.5 of this chapter and
502-IC 25-35.6-5, no person shall practice or represent himself or herself
503-as a speech-language pathologist or audiologist in this state unless the
504-person is licensed in accordance with the provisions of this article.
505-SECTION 15. IC 25-35.6-1-4, AS AMENDED BY P.L.216-2021,
506-SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
507-JULY 1, 2022]: Sec. 4. Nothing in this article shall be construed as
508-preventing or restricting the following:
509-SEA 5 — CC 1 13
510-(1) A physician or surgeon from engaging in the practice of
511-medicine in this state, or a person under the supervision and
512-control of a physician or surgeon from conducting hearing testing,
513-provided such a person is not called an audiologist.
514-(2) Any hearing aid dealer from:
515-(A) engaging in the testing of hearing and other practices and
516-procedures necessary for the business for which the dealer is
517-registered in this state under IC 25-20-1; and
518-(B) using the title hearing aid specialist or any similar title or
519-description of service.
520-(3) Any person licensed or registered in this state by any other law
521-from engaging in the profession or occupation for which the
522-person is licensed or registered.
523-(4) A person employed as a speech-language pathologist or
524-audiologist by the government of the United States, if such person
525-performs speech-language pathology or audiology services solely
526-within the confines or under the jurisdiction of the governmental
527-organization by which the person is employed. However, such
528-person may, without obtaining a license under this article, consult
529-with or disseminate the person's research findings and other
530-scientific information to speech-language pathologists and
531-audiologists outside the jurisdiction of the organization by which
532-the person is employed. Such person may also offer instruction
533-and lectures to the public without being licensed under this
534-article. Such person may additionally elect to be subject to this
535-article.
536-(5) The activities and services of persons pursuing a course of
537-study leading to a degree in speech-language pathology or
538-audiology at a postsecondary educational institution, if:
539-(A) such activities and services constitute a part of a
540-supervised course of study;
541-(B) such person is designated speech-language pathology or
542-audiology intern, speech-language pathology or audiology
543-trainee, or by other such titles clearly indicating the training
544-status appropriate to the person's level of training; and
545-(C) the person works only under the supervision of a
546-speech-language pathologist or audiologist licensed under this
547-article.
548-(6) The activities and services of persons fulfilling the clinical
549-experience requirement of section 5(2)(B)(ii) or 6(3)(B) of this
550-chapter, if such activities and services constitute a part of the
551-experience required for that section's fulfillment.
552-SEA 5 — CC 1 14
553-(7) The performance of pure tone air conduction testing by an
554-industrial audiometric technician, as defined by federal law, who
555-is working in an industrial hearing conservation program directed
556-by a physician or an audiologist.
557-(8) The performance of speech-language pathology or audiology
558-services in this state by any person not a resident of this state who
559-is not licensed under this article, if such services are performed:
560-(A) under IC 25-35.6-5; or
561-(B) for no more than five (5) days in any calendar year and in
562-cooperation with a speech-language pathologist or audiologist
563-licensed under this article, and if such person meets the
564-qualifications and requirements for application for licensure
565-described in sections section 5(1) and 5(2) or 6(1) and 6(2) of
566-this chapter.
567-However, a person not a resident of this state who is not licensed
568-under this article or practicing under IC 25-35.6-5, but who is
569-licensed under the law of another state which has established
570-licensure requirements at least equivalent to those established by
571-section 5 or 6 of this chapter or who is the holder of a certificate
572-of clinical competence in speech-language pathology or audiology
573-or its equivalent issued by a nationally recognized association for
574-speech-language or hearing, may offer speech-language pathology
575-or audiology services in this state for no more than one hundred
576-eighty (180) days in any calendar year, if such services are
577-performed in cooperation with a speech-language pathologist or
578-audiologist licensed under this article.
579-SECTION 16. IC 25-35.6-1-5.5, AS ADDED BY P.L.216-2021,
580-SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
581-UPON PASSAGE]: Sec. 5.5. (a) An individual may practice
582-speech-language pathology in Indiana under a license to practice
583-speech-language pathology issued by a state that has entered into a
584-reciprocity agreement with the board under which an individual
585-licensed to practice speech-language pathology in Indiana is authorized
586-to practice speech-language pathology in the other state under the
587-individual's Indiana speech-language pathology license.
588-(b) Before January 1, 2023, the board shall initiate and make
589-every effort to enter into a reciprocity agreement with another
590-state that:
591-(1) is contiguous to Indiana; and
592-(2) is not a member of an interstate compact with Indiana
593-concerning speech-language pathology;
594-that would allow an individual licensed to practice speech-language
595-SEA 5 — CC 1 15
596-pathology in Indiana or the other state to practice in the other state
597-under the individual's speech-language pathology license.
598-SECTION 17. IC 25-35.6-1-6.5, AS ADDED BY P.L.216-2021,
599-SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
600-UPON PASSAGE]: Sec. 6.5. (a) An individual may practice audiology
601-in Indiana under a license to practice audiology issued by a state that
602-has entered into a reciprocity agreement with the board under which an
603-individual licensed to practice audiology in Indiana is authorized to
604-practice audiology in the other state under the individual's Indiana
605-audiology license.
606-(b) Before January 1, 2023, the board shall initiate and make
607-every effort to enter into a reciprocity agreement with another
608-state that:
609-(1) is contiguous to Indiana; and
610-(2) is not a member of an interstate compact with Indiana
611-concerning audiology;
612-that would allow an individual licensed to practice audiology in
613-Indiana or the other state to practice in the other state under the
614-individual's audiology license.
615-SECTION 18. IC 25-35.6-2-2, AS AMENDED BY P.L.212-2005,
616-SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
617-JULY 1, 2022]: Sec. 2. (a) The board:
618-(1) shall administer, coordinate, and enforce this article;
619-(2) shall evaluate the qualifications and supervise the
620-examinations of applicants for licensure under this article;
621-(3) may issue subpoenas, examine witnesses, and administer
622-oaths; and
623-(4) shall, at its discretion, investigate allegations of practices
624-violating this article, subject to IC 25-1-7.
625-(b) The board shall adopt rules under IC 4-22-2 relating to
626-professional conduct commensurate with the policy of this article,
627-including rules that establish standards for the competent practice of
628-speech-language pathology and audiology. Following their adoption,
629-Except as provided in IC 25-35.6-5-14, the rules govern and control
630-the professional conduct of every person who holds a license to
631-practice speech-language pathology or audiology in this state.
632-(c) The board shall conduct the hearings and keep the records and
633-minutes necessary for the orderly dispatch of its functions. The board
634-shall have notice provided to the appropriate persons in a manner it
635-considers appropriate of the times and places of all hearings authorized
636-by this subsection. Approval by a majority of a quorum of the board is
637-required for any action to be taken in actions for revocation or
638-SEA 5 — CC 1 16
639-suspension of a license issued under this article.
640-(d) The board may adopt rules under IC 4-22-2 to:
641-(1) administer or enforce this article;
642-(2) register persons in the process of fulfilling the clinical
643-experience required for a license under this article;
644-(3) establish fees in accordance with IC 25-1-8-2; and
645-(4) register speech-language pathology assistants, associates, and
646-aides and establish rules governing the duties of assistants,
647-associates, and aides.
648-(e) The conferral or enumeration of specific powers elsewhere in
649-this article shall not be construed as a limitation of the general
650-functions conferred by this section.
651-SECTION 19. IC 25-35.6-5 IS ADDED TO THE INDIANA CODE
652-AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
653-JULY 1, 2022]:
654-Chapter 5. Audiology and Speech-Language Pathology
655-Interstate Compact
656-Sec. 1. The purpose of this compact is to facilitate interstate
657-practice of audiology and speech-language pathology with the goal
658-of improving public access to audiology and speech-language
659-pathology services. The practice of audiology and speech-language
660-pathology occurs in the state where the patient/client/student is
661-located at the time of the patient/client/student encounter. The
662-compact preserves the regulatory authority of states to protect
663-public health and safety through the current system of state
664-licensure. This compact is designed to achieve the following
665-objectives:
666-(1) Increase public access to audiology and speech-language
667-pathology services by providing for the mutual recognition of
668-other member state licenses.
669-(2) Enhance the states' ability to protect the public's health
670-and safety.
671-(3) Encourage the cooperation of member states in regulating
672-multistate audiology and speech-language pathology practice.
673-(4) Support spouses of relocating active duty military
674-personnel.
675-(5) Enhance the exchange of licensure, investigative, and
676-disciplinary information between member states.
677-(6) Allow a remote state to hold a provider of services with a
678-compact privilege in that state accountable to that state's
679-practice standards.
680-(7) Allow for the use of telehealth technology to facilitate
681-SEA 5 — CC 1 17
682-increased access to audiology and speech-language pathology
683-services.
684-Sec. 2. As used in this compact, and except as otherwise
685-provided, the following definitions shall apply throughout this
686-chapter:
687-(1) "Active duty military" means full-time duty status in the
688-active uniformed service of the United States, including
689-members of the National Guard and Reserve on active duty
690-orders pursuant to 10 U.S.C. Chapter 1209 and 10 U.S.C.
691-Chapter 1211.
692-(2) "Adverse action" means any administrative, civil,
693-equitable, or criminal action permitted by a state's laws which
694-is imposed by a licensing board or other authority against an
695-audiologist or speech-language pathologist, including actions
696-against an individual's license or privilege to practice, such as
697-revocation, suspension, probation, monitoring of the licensee,
698-or restriction on the licensee's practice.
699-(3) "Alternative program" means a nondisciplinary
700-monitoring process approved by an audiology or
701-speech-language pathology licensing board to address
702-impaired practitioners.
703-(4) "Audiologist" means an individual who is licensed by a
704-state to practice audiology.
705-(5) "Audiology" means the care and services provided by a
706-licensed audiologist as set forth in the member state's statutes
707-and rules.
708-(6) "Audiology and speech-language pathology licensing
709-board", "audiology licensing board", "speech-language
710-pathology licensing board", or "licensing board" means the
711-agency of a state that is responsible for the licensing and
712-regulation of audiologists, speech-language pathologists, or
713-both.
714-(7) "Commission" means the Audiology and
715-Speech-Language Pathology Compact Commission, the
716-national administrative body whose membership consists of
717-all states that have enacted the compact, that is established
718-under section 8 of this chapter.
719-(8) "Compact privilege" means the authorization granted by
720-a remote state to allow a licensee from another member state
721-to practice as an audiologist or speech-language pathologist in
722-the remote state under its laws and rules. The practice of
723-audiology or speech-language pathology occurs in the member
724-SEA 5 — CC 1 18
725-state where the patient/client/student is located at the time of
726-the patient/client/student encounter.
727-(9) "Data system" means a repository of information about
728-licensees, including, but not limited to, continuing education,
729-examination, licensure, investigative, compact privilege, and
730-adverse action.
731-(10) "Encumbered license" means a license in which an
732-adverse action restricts the practice of audiology or
733-speech-language pathology by the licensee and said adverse
734-action has been reported to the National Practitioner Data
735-Bank (NPDB).
736-(11) "Executive committee" means a group of directors
737-elected or appointed to act on behalf of, and within the powers
738-granted to them by, the commission.
739-(12) "Home state" means the member state that is the
740-licensee's primary state of residence.
741-(13) "Impaired practitioner" means an individual whose
742-professional practice is adversely affected by substance abuse,
743-addiction, or other health related conditions.
744-(14) "Investigative information" means investigative
745-information that a licensing board, after an inquiry or
746-investigation that includes notification and an opportunity for
747-the audiologist or speech-language pathologist to respond, if
748-required by state law, has reason to believe is not groundless
749-and, if proved true, would indicate more than a minor
750-infraction.
751-(15) "Licensee" means an individual who currently holds an
752-authorization from the state licensing board to practice as an
753-audiologist or speech-language pathologist.
754-(16) "Member state" means a state that has enacted the
755-compact.
756-(17) "Privilege to practice" means a legal authorization
757-permitting the practice of audiology or speech-language
758-pathology in a remote state.
759-(18) "Remote state" means a member state other than the
760-home state where a licensee is exercising or seeking to exercise
761-the compact privilege.
762-(19) "Rule" means a regulation, principle, or directive
763-promulgated by the commission that has the force of law.
764-(20) "Single-state license" means an audiology or
765-speech-language pathology license issued by a member state
766-that authorizes practice only within the issuing state and does
767-SEA 5 — CC 1 19
768-not include a privilege to practice in any other member state.
769-(21) "Speech-language pathologist" means an individual who
770-is licensed by a state to practice speech-language pathology.
771-(22) "Speech-language pathology" means the care and
772-services provided by a licensed speech-language pathologist
773-as set forth in the member state's statutes and rules.
774-(23) "State" means any state, commonwealth, district, or
775-territory of the United States of America that regulates the
776-practice of audiology and speech-language pathology.
777-(24) "State practice laws" means a member state's laws, rules,
778-and regulations that govern the practice of audiology or
779-speech-language pathology, define the scope of audiology or
780-speech-language pathology practice, and create the methods
781-and grounds for imposing discipline.
782-(25) "Telehealth" means the application of telecommunication
783-technology to deliver audiology or speech-language pathology
784-services at a distance for any of the following:
785-(A) Assessment.
786-(B) Intervention.
787-(C) Consultation.
788-Sec. 3. (a) A license issued to an audiologist or speech-language
789-pathologist by a home state to a resident in that state shall be
790-recognized by each member state as authorizing an audiologist or
791-speech-language pathologist to practice audiology or
792-speech-language pathology, under a privilege to practice, in each
793-member state.
794-(b) A state must implement or utilize procedures for considering
795-the criminal history records of applicants for initial privilege to
796-practice. These procedures shall include the submission of
797-fingerprints or other biometric based information by applicants for
798-the purpose of obtaining an applicant's criminal history record
799-information from the Federal Bureau of Investigation and the
800-agency responsible for retaining that state's criminal records. The
801-following apply to the criminal history records:
802-(1) A member state must fully implement a criminal
803-background check requirement, within a time frame
804-established by rule, by receiving the results of the Federal
805-Bureau of Investigation record search on criminal
806-background checks and use the results in making licensure
807-decisions.
808-(2) Communication between a member state, the commission,
809-and among member states regarding the verification of
810-SEA 5 — CC 1 20
811-eligibility for licensure through the compact shall not include
812-any information received from the Federal Bureau of
813-Investigation relating to a federal criminal records check
814-performed by a member state under federal Public Law
815-92-544.
816-(c) Upon application for a privilege to practice, the licensing
817-board in the issuing remote state shall ascertain, through the data
818-system, whether the applicant has ever held, or is the holder of, a
819-license issued by any other state, whether there are any
820-encumbrances on any license or privilege to practice held by the
821-applicant, and whether any adverse action has been taken against
822-any license or privilege to practice held by the applicant.
823-(d) Each member state shall require an applicant to obtain or
824-retain a license in the home state and meet the home state's
825-qualifications for licensure or renewal of licensure, as well as all
826-other applicable state laws.
827-(e) An audiologist must meet the following requirements:
828-(1) Must meet one (1) of the following educational
829-requirements:
830-(A) On or before December 31, 2007, has graduated with
831-a master's degree or doctorate in audiology or equivalent
832-degree regardless of degree name, from a program that is
833-accredited by an accrediting agency recognized by the
834-Council for Higher Education Accreditation, or its
835-successor, or by the United States Department of
836-Education and operated by a college or university
837-accredited by a regional or national accrediting
838-organization recognized by the board.
839-(B) On or after January 1, 2008, has graduated with a
840-doctoral degree in audiology or equivalent degree,
841-regardless of degree name, from a program that is
842-accredited by an accrediting agency recognized by the
843-Council for Higher Education Accreditation or its
844-successor, or by the United States Department of
845-Education and operated by a college or university
846-accredited by a regional or national accrediting
847-organization recognized by the board.
848-(C) Has graduated from an audiology program that is
849-housed in an institution of higher education outside of the
850-United States:
851-(i) for which the program and institution have been
852-approved by the authorized accrediting body in the
853-SEA 5 — CC 1 21
854-applicable country; and
855-(ii) the degree program of which has been verified by an
856-independent credentials review agency to be comparable
857-to a state licensing board approved program.
858-(2) Has completed a supervised clinical practicum experience
859-from an accredited educational institution or its cooperating
860-programs as required by the commission.
861-(3) Has successfully passed a national examination approved
862-by the commission.
863-(4) Holds an active, unencumbered license.
864-(5) Has not been convicted or found guilty, and has not
865-entered into an agreed disposition, of a felony related to the
866-practice of audiology, under applicable state or federal
867-criminal law.
868-(6) Has a valid United States Social Security or National
869-Practitioner Identification number.
870-(f) A speech-language pathologist must meet the following
871-requirements:
872-(1) Must meet one (1) of the following educational
873-requirements:
874-(A) Has graduated with a master's degree from a
875-speech-language pathology program that is accredited by
876-an organization recognized by the United States
877-Department of Education and operated by a college or
878-university accredited by a regional or national accrediting
879-organization recognized by the board.
880-(B) Has graduated from a speech-language pathology
881-program that is housed in an institution of higher
882-education outside of the United States:
883-(i) for which the program and institution have been
884-approved by the authorized accrediting body in the
885-applicable country; and
886-(ii) the degree program of which has been verified by an
887-independent credentials review agency to be comparable
888-to a state licensing board approved program.
889-(2) Has completed a supervised clinical practicum experience
890-from an educational institution or its cooperating programs
891-as required by the commission.
892-(3) Has completed a supervised postgraduate professional
893-experience as required by the commission.
894-(4) Has successfully passed a national examination approved
895-by the commission.
896-SEA 5 — CC 1 22
897-(5) Holds an active, unencumbered license.
898-(6) Has not been convicted or found guilty, and has not
899-entered into an agreed disposition, of a felony related to the
900-practice of speech-language pathology, under applicable state
901-or federal criminal law.
902-(7) Has a valid United States Social Security or National
903-Practitioner Identification number.
904-(g) The privilege to practice is derived from the home state
905-license.
906-(h) An audiologist or speech-language pathologist practicing in
907-a member state must comply with the state practice laws of the
908-state in which the client is located at the time service is provided.
909-The practice of audiology and speech-language pathology shall
910-include all audiology and speech-language pathology practice as
911-defined by the state practice laws of the member state in which the
912-client is located. The practice of audiology and speech-language
913-pathology in a member state under a privilege to practice shall
914-subject an audiologist or speech-language pathologist to the
915-jurisdiction of the licensing board, the courts, and the laws of the
916-member state in which the client is located at the time service is
917-provided.
918-(i) Individuals not residing in a member state shall continue to
919-be able to apply for a member state's single-state license as
920-provided under the laws of each member state. However, the
921-single-state license granted to these individuals shall not be
922-recognized as granting the privilege to practice audiology or
923-speech-language pathology in any other member state. Nothing in
924-this compact shall affect the requirements established by a member
925-state for the issuance of a single-state license.
926-(j) Member states may charge a fee for granting a compact
927-privilege.
928-(k) Member states must comply with the bylaws and rules and
929-regulations of the commission.
930-Sec. 4. (a) To exercise the compact privilege under the terms and
931-provisions of the compact, the audiologist or speech-language
932-pathologist shall do the following:
933-(1) Hold an active license in the home state.
934-(2) Have no encumbrance on any state license.
935-(3) Be eligible for a compact privilege in any member state in
936-accordance with section 3 of this chapter.
937-(4) Have not had any adverse action against any license or
938-compact privilege within the previous two (2) years from date
939-SEA 5 — CC 1 23
940-of application.
941-(5) Notify the commission that the licensee is seeking the
942-compact privilege within one (1) or more remote states.
943-(6) Pay any applicable fees, including any state fee, for the
944-compact privilege.
945-(7) Report to the commission adverse action taken by any
946-nonmember state within thirty (30) days from the date the
947-adverse action is taken.
948-(b) For the purposes of the compact privilege, an audiologist or
949-speech-language pathologist shall only hold one (1) home state
950-license at a time.
951-(c) Except as provided in section 6 of this chapter, if an
952-audiologist or speech-language pathologist changes primary state
953-of residence by moving between two (2) member states, the
954-audiologist or speech-language pathologist must apply for licensure
955-in the new home state, and the license issued by the prior home
956-state shall be deactivated in accordance with applicable rules
957-adopted by the commission.
958-(d) The audiologist or speech-language pathologist may apply
959-for licensure in advance of a change in primary state of residence.
960-(e) A license shall not be issued by the new home state until the
961-audiologist or speech-language pathologist provides satisfactory
962-evidence of a change in primary state of residence to the new home
963-state and satisfies all applicable requirements to obtain a license
964-from the new home state.
965-(f) If an audiologist or speech-language pathologist changes
966-primary state of residence by moving from a member state to a
967-nonmember state, the license issued by the prior home state shall
968-convert to a single state license, valid only in the former home
969-state.
970-(g) The compact privilege is valid until the expiration date of the
971-home state license. The licensee must comply with the
972-requirements of subsection (a) to maintain the compact privilege
973-in the remote state.
974-(h) A licensee providing audiology or speech-language pathology
975-services in a remote state under the compact privilege shall
976-function within the laws and regulations of the remote state.
977-(i) A licensee providing audiology or speech-language pathology
978-services in a remote state is subject to that state's regulatory
979-authority. A remote state may, in accordance with due process and
980-that state's laws, take any of the following actions:
981-(1) Remove a licensee's compact privilege in the remote state
982-SEA 5 — CC 1 24
983-for a specific period of time.
984-(2) Impose fines.
985-(3) Take any other necessary actions to protect the health and
986-safety of its citizens.
987-(j) If a home state license is encumbered, the licensee shall lose
988-the compact privilege in any remote state until the following occur:
989-(1) The home state license is no longer encumbered.
990-(2) Two (2) years have elapsed from the date of the adverse
991-action.
992-(k) Once an encumbered license in the home state is restored to
993-good standing, the licensee must meet the requirements of
994-subsection (a) to obtain a compact privilege in any remote state.
995-(l) Once the requirements of subsection (j) are met, the licensee
996-must meet the requirements in subsection (a) to obtain a compact
997-privilege in a remote state.
998-Sec. 5. (a) Member states shall recognize the right of an
999-audiologist or speech-language pathologist, licensed by a home
1000-state in accordance with section 3 of this chapter and under rules
1001-promulgated by the commission, to practice audiology or
1002-speech-language pathology in any member state via telehealth
1003-under a privilege to practice as provided in the compact and rules
1004-promulgated by the commission.
1005-(b) A licensee providing audiology or speech-language pathology
1006-services in a remote state under the compact shall function within
1007-the laws and regulations of the remote state.
1008-Sec. 6. Active duty military personnel, or their spouse, shall
1009-designate a home state where the individual has a current license
1010-in good standing. The individual may retain the home state
1011-designation during the period the service member is on active duty.
1012-Subsequent to designating a home state, the individual shall only
1013-change their home state through application for licensure in the
1014-new state.
1015-Sec. 7. (a) In addition to the other powers conferred by state
1016-law, a remote state shall have the authority, in accordance with
1017-existing state due process law, to do the following:
1018-(1) Take adverse action against an audiologist's or
1019-speech-language pathologist's privilege to practice within that
1020-member state.
1021-(2) Issue subpoenas for both hearings and investigations that
1022-require the attendance and testimony of witnesses as well as
1023-the production of evidence. Subpoenas issued by a licensing
1024-board in a member state for the attendance and testimony of
1025-SEA 5 — CC 1 25
1026-witnesses or the production of evidence from another member
1027-state shall be enforced in the latter state by any court of
1028-competent jurisdiction, according to the practice and
1029-procedure of that court applicable to subpoenas issued in
1030-proceedings pending before it. The issuing authority shall pay
1031-any witness fees, travel expenses, mileage, and other fees
1032-required by the service statutes of the state in which the
1033-witnesses or evidence are located.
1034-Only the home state shall have the power to take adverse action
1035-against an audiologist's or speech-language pathologist's license
1036-issued by the home state.
1037-(b) For purposes of taking adverse action, the home state shall
1038-give the same priority and effect to reported conduct received from
1039-a member state as it would if the conduct had occurred within the
1040-home state. In so doing, the home state shall apply its own state
1041-laws to determine appropriate action.
1042-(c) The home state shall complete any pending investigations of
1043-an audiologist or speech-language pathologist who changes
1044-primary state of residence during the course of the investigations.
1045-The home state shall also have the authority to take any
1046-appropriate actions and shall promptly report the conclusions of
1047-the investigations to the administrator of the data system. The
1048-administrator of the coordinated licensure information system
1049-shall promptly notify the new home state of any adverse actions.
1050-(d) If otherwise permitted by state law, a member state may
1051-recover from the affected audiologist or speech-language
1052-pathologist the costs of investigations and disposition of cases
1053-resulting from any adverse action taken against that audiologist or
1054-speech-language pathologist.
1055-(e) A member state may take adverse action based on the factual
1056-findings of the remote state, provided that the member state
1057-follows the member state's own procedures for taking the adverse
1058-action.
1059-(f) The following apply to joint investigations:
1060-(1) In addition to the authority granted to a member state by
1061-its respective audiology or speech-language pathology
1062-practice act or other applicable state law, any member state
1063-may participate with other member states in joint
1064-investigations of licensees.
1065-(2) Member states shall share any investigative, litigation, or
1066-compliance materials in furtherance of any joint or individual
1067-investigation initiated under the compact.
1068-SEA 5 — CC 1 26
1069-(g) If adverse action is taken by the home state against an
1070-audiologist's or speech-language pathologist's license, the
1071-audiologist's or speech-language pathologist's privilege to practice
1072-in all other member states shall be deactivated until all
1073-encumbrances have been removed from the state license. All home
1074-state disciplinary orders that impose adverse action against an
1075-audiologist's or speech-language pathologist's license shall include
1076-a statement that the audiologist's or speech-language pathologist's
1077-privilege to practice is deactivated in all member states during the
1078-pendency of the order.
1079-(h) If a member state takes adverse action, it shall promptly
1080-notify the administrator of the data system. The administrator of
1081-the data system shall promptly notify the home state of any adverse
1082-actions by remote states.
1083-(i) Nothing in this compact shall override a member state's
1084-decision that participation in an alternative program may be used
1085-in lieu of adverse action.
1086-Sec. 8. (a) The compact member states hereby create and
1087-establish a joint public agency known as the Audiology and
1088-Speech-Language Pathology Compact Commission. The following
1089-apply to the commission:
1090-(1) The commission is an instrumentality of the compact
1091-states.
1092-(2) Venue is proper and judicial proceedings by or against the
1093-commission shall be brought solely and exclusively in a court
1094-of competent jurisdiction where the principal office of the
1095-commission is located. The commission may waive venue and
1096-jurisdictional defenses to the extent it adopts or consents to
1097-participate in alternative dispute resolution proceedings.
1098-(3) Nothing in this compact shall be construed to be a waiver
1099-of sovereign immunity.
1100-(b) The following apply to the membership, voting, and meetings
1101-of the commission:
1102-(1) Each member state shall have two (2) delegates selected by
1103-that member state's licensing board. The delegates shall be
1104-current members of the licensing board. One (1) shall be an
1105-audiologist and one (1) shall be a speech-language pathologist.
1106-(2) An additional five (5) delegates, who are either a public
1107-member or board administrator from a state licensing board,
1108-shall be chosen by the executive committee from a pool of
1109-nominees provided by the commission at large.
1110-(3) Any delegate may be removed or suspended from office as
1111-SEA 5 — CC 1 27
1112-provided by the law of the state from which the delegate is
1113-appointed.
1114-(4) The member state board shall fill any vacancy occurring
1115-on the commission, within ninety (90) days.
1116-(5) Each delegate shall be entitled to one (1) vote with regard
1117-to the promulgation of rules and creation of bylaws and shall
1118-otherwise have an opportunity to participate in the business
1119-and affairs of the commission.
1120-(6) A delegate shall vote in person or by other means as
1121-provided in the bylaws. The bylaws may provide for
1122-delegates' participation in meetings by telephone or other
1123-means of communication.
1124-(7) The commission shall meet at least once during each
1125-calendar year. Additional meetings shall be held as set forth
1126-in the bylaws.
1127-(c) The commission shall have the following powers and duties:
1128-(1) Establish the fiscal year of the commission.
1129-(2) Establish bylaws.
1130-(3) Establish a code of ethics.
1131-(4) Maintain its financial records in accordance with the
1132-bylaws.
1133-(5) Meet and take actions as are consistent with the provisions
1134-of this compact and the bylaws.
1135-(6) Promulgate uniform rules to facilitate and coordinate
1136-implementation and administration of this compact. The rules
1137-shall have the force and effect of law and shall be binding in
1138-all member states.
1139-(7) Bring and prosecute legal proceedings or actions in the
1140-name of the commission, provided that the standing of any
1141-state audiology or speech-language pathology licensing board
1142-to sue or be sued under applicable law shall not be affected.
1143-(8) Purchase and maintain insurance and bonds.
1144-(9) Borrow, accept, or contract for services of personnel,
1145-including, but not limited to, employees of a member state.
1146-(10) Hire employees, elect or appoint officers, fix
1147-compensation, define duties, grant individuals appropriate
1148-authority to carry out the purposes of the compact, and
1149-establish the commission's personnel policies and programs
1150-relating to conflicts of interest, qualifications of personnel,
1151-and other related personnel matters.
1152-(11) Accept any and all appropriate donations and grants of
1153-money, equipment, supplies, materials, and services, and
1154-SEA 5 — CC 1 28
1155-receive, utilize, and dispose of the same, provided that at all
1156-times the commission shall avoid any appearance of
1157-impropriety, conflict of interest, or both.
1158-(12) Lease, purchase, accept appropriate gifts or donations of,
1159-or otherwise own, hold, improve, or use any property, real,
1160-personal, or mixed, provided that at all times the commission
1161-shall avoid any appearance of impropriety.
1162-(13) Sell, convey, mortgage, pledge, lease, exchange, abandon,
1163-or otherwise dispose of any property real, personal, or mixed.
1164-(14) Establish a budget and make expenditures.
1165-(15) Borrow money.
1166-(16) Appoint committees, including standing committees
1167-composed of members, and other interested persons as may be
1168-designated in this compact and the bylaws.
1169-(17) Provide and receive information from, and cooperate
1170-with, law enforcement agencies.
1171-(18) Establish and elect an executive committee.
1172-(19) Perform other functions as may be necessary or
1173-appropriate to achieve the purposes of this compact consistent
1174-with the state regulation of audiology and speech-language
1175-pathology licensure and practice.
1176-(d) The commission does not have authority to change or modify
1177-the laws of the member states that define the practice of audiology
1178-and speech-language pathology in the respective member states.
1179-(e) The executive committee shall have the power to act on
1180-behalf of the commission according to the terms of this compact.
1181-The executive committee shall be composed of ten (10) members as
1182-follows:
1183-(1) Seven (7) voting members who are elected by the
1184-commission from the current membership of the commission.
1185-(2) Two (2) ex-officios, consisting of one (1) nonvoting
1186-member from a recognized national audiology professional
1187-association and one (1) nonvoting member from a recognized
1188-national speech-language pathology association.
1189-(3) One (1) ex-officio, nonvoting member from the recognized
1190-membership organization of the audiology and
1191-speech-language pathology licensing boards.
1192-(f) The ex-officio members of the executive committee shall be
1193-selected by their respective organizations.
1194-(g) The commission may remove any member of the executive
1195-committee as provided in bylaws.
1196-(h) The executive committee shall meet at least annually.
1197-SEA 5 — CC 1 29
1198-(i) The executive committee shall have the following duties and
1199-responsibilities:
1200-(1) Recommend to the entire commission changes to the rules
1201-or bylaws, changes to this compact legislation, fees paid by
1202-compact member states such as annual dues, and any
1203-commission compact fee charged to licensees for the compact
1204-privilege.
1205-(2) Ensure compact administration services are appropriately
1206-provided, contractual or otherwise.
1207-(3) Prepare and recommend the budget.
1208-(4) Maintain financial records on behalf of the commission.
1209-(5) Monitor compact compliance of member states and
1210-provide compliance reports to the commission.
1211-(6) Establish additional committees as necessary.
1212-(7) Other duties as provided in rules or bylaws.
1213-(j) All meetings of the commission shall be open to the public,
1214-and public notice of meetings shall be given in the same manner as
1215-required under the rulemaking provisions in section 10 of this
1216-chapter.
1217-(k) The commission, the executive committee, or other
1218-committees of the commission may convene in a closed, nonpublic
1219-meeting if the commission or executive committee or other
1220-committees of the commission must discuss:
1221-(1) noncompliance of a member state with its obligations
1222-under the compact;
1223-(2) the employment, compensation, discipline, or other
1224-matters, practices, or procedures related to specific employees
1225-or other matters related to the commission's internal
1226-personnel practices and procedures;
1227-(3) current, threatened, or reasonably anticipated litigation;
1228-(4) negotiation of contracts for the purchase, lease, or sale of
1229-goods, services, or real estate;
1230-(5) accusing any person of a crime or formally censuring any
1231-person;
1232-(6) disclosure of trade secrets or commercial or financial
1233-information that is privileged or confidential;
1234-(7) disclosure of information of a personal nature where
1235-disclosure would constitute a clearly unwarranted invasion of
1236-personal privacy;
1237-(8) disclosure of investigative records compiled for law
1238-enforcement purposes;
1239-(9) disclosure of information related to any investigative
1240-SEA 5 — CC 1 30
1241-reports prepared by or on behalf of or for use of the
1242-commission or other committee charged with responsibility of
1243-investigation or determination of compliance issues pursuant
1244-to the compact; or
1245-(10) matters specifically exempted from disclosure by federal
1246-or member state statute.
1247-If a meeting, or portion of a meeting, is closed pursuant to this
1248-provision, the commission's legal counsel or designee shall certify
1249-that the meeting may be closed and shall reference each relevant
1250-exempting provision.
1251-(l) The commission shall keep minutes that fully and clearly
1252-describe all matters discussed in a meeting and shall provide a full
1253-and accurate summary of actions taken, and the reasons therefore,
1254-including a description of the views expressed. All documents
1255-considered in connection with an action shall be identified in
1256-minutes. All minutes and documents of meetings other than closed
1257-meetings shall be made available to members of the public upon
1258-request and at the requesting person's expense. All minutes and
1259-documents of a closed meeting shall remain under seal, subject to
1260-release by a majority vote of the commission or order of a court of
1261-competent jurisdiction.
1262-(m) The following apply concerning the financing of the
1263-commission:
1264-(1) The commission shall pay, or provide for the payment of,
1265-the reasonable expenses of its establishment, organization,
1266-and ongoing activities.
1267-(2) The commission may accept any and all appropriate
1268-revenue sources, donations, and grants of money, equipment,
1269-supplies, materials, and services.
1270-(3) The commission may levy on and collect an annual
1271-assessment from each member state or impose fees on other
1272-parties to cover the cost of the operations and activities of the
1273-commission and its staff, which must be in a total amount
1274-sufficient to cover its annual budget as approved each year for
1275-which revenue is not provided by other sources. The
1276-aggregate annual assessment amount shall be allocated based
1277-upon a formula to be determined by the commission, which
1278-shall promulgate a rule binding upon all member states.
1279-(n) The commission shall not incur obligations of any kind prior
1280-to securing the funds adequate to meet the same, nor shall the
1281-commission pledge the credit of any of the member states, except
1282-by and with the authority of the member state.
1283-SEA 5 — CC 1 31
1284-(o) The commission shall keep accurate accounts of all receipts
1285-and disbursements. The receipts and disbursements of the
1286-commission shall be subject to the audit and accounting procedures
1287-established under its bylaws. However, all receipts and
1288-disbursements of funds handled by the commission shall be audited
1289-yearly by a certified or licensed public accountant, and the report
1290-of the audit shall be included in and become part of the annual
1291-report of the commission.
1292-(p) Concerning issues of qualified immunity, defense, and
1293-indemnification the following apply:
1294-(1) The members, officers, executive director, employees, and
1295-representatives of the commission shall be immune from suit
1296-and liability, either personally or in their official capacity, for
1297-any claim for damage to or loss of property or personal injury
1298-or other civil liability caused by or arising out of any actual or
1299-alleged act, error, or omission that occurred, or that the
1300-person against whom the claim is made had a reasonable basis
1301-for believing occurred, within the scope of commission
1302-employment, duties, or responsibilities, provided that nothing
1303-in this subdivision shall be construed to protect any person
1304-from suit, liability, or both, for any damage, loss, injury, or
1305-liability caused by the intentional or willful or wanton
1306-misconduct of that person.
1307-(2) The commission shall defend any member, officer,
1308-executive director, employee, or representative of the
1309-commission in any civil action seeking to impose liability
1310-arising out of any actual or alleged act, error, or omission that
1311-occurred within the scope of commission employment, duties,
1312-or responsibilities, or that the person against whom the claim
1313-is made had a reasonable basis for believing occurred within
1314-the scope of commission employment, duties, or
1315-responsibilities, provided that nothing herein shall be
1316-construed to prohibit that person from retaining his or her
1317-own counsel, and provided further that the actual or alleged
1318-act, error, or omission did not result from that person's
1319-intentional or willful or wanton misconduct.
1320-(3) The commission shall indemnify and hold harmless any
1321-member, officer, executive director, employee, or
1322-representative of the commission for the amount of any
1323-settlement or judgment obtained against that person arising
1324-out of any actual or alleged act, error, or omission that
1325-occurred within the scope of commission employment, duties,
1326-SEA 5 — CC 1 32
1327-or responsibilities, or that the person had a reasonable basis
1328-for believing occurred within the scope of commission
1329-employment, duties, or responsibilities, provided that the
1330-actual or alleged act, error, or omission did not result from
1331-the intentional or willful or wanton misconduct of that person.
1332-Sec. 9. (a) The commission shall provide for the development,
1333-maintenance, and utilization of a coordinated data base and
1334-reporting system containing licensure, adverse action, and
1335-investigative information on all licensed individuals in member
1336-states.
1337-(b) Notwithstanding any other provision of state law to the
1338-contrary, a member state shall submit a uniform data set to the
1339-data system on all individuals to whom this compact is applicable
1340-as required by the rules of the commission, including:
1341-(1) identifying information;
1342-(2) licensure data;
1343-(3) adverse actions against a license or compact privilege;
1344-(4) nonconfidential information related to alternative
1345-program participation;
1346-(5) any denial of application for licensure, and the reason or
1347-reasons for denial; and
1348-(6) other information that may facilitate the administration of
1349-this compact, as determined by the rules of the commission.
1350-(c) Investigative information pertaining to a licensee in any
1351-member state shall only be available to other member states.
1352-(d) The commission shall promptly notify all member states of
1353-any adverse action taken against a licensee or an individual
1354-applying for a license. Adverse action information pertaining to a
1355-licensee in any member state shall be available to any other
1356-member state.
1357-(e) Member states contributing information to the data system
1358-may designate information that may not be shared with the public
1359-without the express permission of the contributing state.
1360-(f) Any information submitted to the data system that is
1361-subsequently required to be expunged by the laws of the member
1362-state contributing the information shall be removed from the data
1363-system.
1364-Sec. 10. (a) The commission shall exercise its rulemaking powers
1365-pursuant to the criteria set forth in this section and the rules
1366-adopted thereunder. Rules and amendments shall become binding
1367-as of the date specified in each rule or amendment.
1368-(b) If a majority of the legislatures of the member states rejects
1369-SEA 5 — CC 1 33
1370-a rule, by enactment of a statute or resolution in the same manner
1371-used to adopt the compact, within four (4) years of the date of
1372-adoption of the rule, the rule shall have no further force and effect
1373-in any member state.
1374-(c) Rules or amendments to the rules shall be adopted at a
1375-regular or special meeting of the commission.
1376-(d) Prior to promulgation and adoption of a final rule or rules
1377-by the commission, and at least thirty (30) days in advance of the
1378-meeting at which the rule shall be considered and voted upon, the
1379-commission shall file a notice of proposed rulemaking:
1380-(1) on the Internet web site of the commission or other
1381-publicly accessible platform; and
1382-(2) on the Internet web site of each member state audiology or
1383-speech-language pathology licensing board or other publicly
1384-accessible platform or the publication in which each state
1385-would otherwise publish proposed rules.
1386-(e) The notice of proposed rulemaking shall include:
1387-(1) the proposed time, date, and location of the meeting in
1388-which the rule shall be considered and voted upon;
1389-(2) the text of the proposed rule or amendment and the reason
1390-for the proposed rule;
1391-(3) a request for comments on the proposed rule from any
1392-interested person; and
1393-(4) the manner in which interested persons may submit notice
1394-to the commission of their intention to attend the public
1395-hearing and any written comments.
1396-(f) Prior to the adoption of a proposed rule, the commission
1397-shall allow persons to submit written data, facts, opinions, and
1398-arguments, which shall be made available to the public.
1399-(g) The commission shall grant an opportunity for a public
1400-hearing before it adopts a rule or amendment if a hearing is
1401-requested by:
1402-(1) at least twenty-five (25) persons;
1403-(2) a state or federal governmental subdivision or agency; or
1404-(3) an association having at least twenty-five (25) members.
1405-(h) If a hearing is held on the proposed rule or amendment, the
1406-commission shall publish the place, time, and date of the scheduled
1407-public hearing. If the hearing is held via electronic means, the
1408-commission shall publish the mechanism for access to the
1409-electronic hearing. The following requirements apply to the
1410-hearing:
1411-(1) All persons wishing to be heard at the hearing shall notify
1412-SEA 5 — CC 1 34
1413-the executive director of the commission or other designated
1414-member in writing of their desire to appear and testify at the
1415-hearing not less than five (5) business days before the
1416-scheduled date of the hearing.
1417-(2) Hearings shall be conducted in a manner providing each
1418-person who wishes to comment a fair and reasonable
1419-opportunity to comment orally or in writing.
1420-(3) All hearings shall be recorded. A copy of the recording
1421-shall be made available to any person upon request and at the
1422-requesting person's expense.
1423-(4) Nothing in this section shall be construed as requiring a
1424-separate hearing on each rule. Rules may be grouped for the
1425-convenience of the commission at hearings required by this
1426-section.
1427-(i) Following the scheduled hearing date, or by the close of
1428-business on the scheduled hearing date if the hearing was not held,
1429-the commission shall consider all written and oral comments
1430-received.
1431-(j) If no written notice of intent to attend the public hearing by
1432-interested parties is received, the commission may proceed with
1433-promulgation of the proposed rule without a public hearing.
1434-(k) The commission shall, by majority vote of all members, take
1435-final action on the proposed rule and shall determine the effective
1436-date of the rule, if any, based on the rulemaking record and the full
1437-text of the rule.
1438-(l) Upon determination that an emergency exists, the
1439-commission may consider and adopt an emergency rule without
1440-prior notice, opportunity for comment, or hearing, provided that
1441-the usual rulemaking procedures provided in the compact and in
1442-this section shall be retroactively applied to the rule as soon as
1443-reasonably possible, in no event later than ninety (90) days after
1444-the effective date of the rule. For the purposes of this subsection, an
1445-emergency rule is one that must be adopted immediately in order
1446-to:
1447-(1) meet an imminent threat to public health, safety, or
1448-welfare;
1449-(2) prevent a loss of commission or member state funds; or
1450-(3) meet a deadline for the promulgation of an administrative
1451-rule that is established by federal law or rule.
1452-(m) The commission or an authorized committee of the
1453-commission may direct revisions to a previously adopted rule or
1454-amendment for purposes of correcting typographical errors, errors
1455-SEA 5 — CC 1 35
1456-in format, errors in consistency, or grammatical errors. Public
1457-notice of any revisions shall be posted on the Internet web site of
1458-the commission. The revision shall be subject to challenge by any
1459-person for a period of thirty (30) days after posting. The revision
1460-may be challenged only on grounds that the revision results in a
1461-material change to a rule. A challenge shall be made in writing and
1462-delivered to the chair of the commission prior to the end of the
1463-notice period. If no challenge is made, the revision shall take effect
1464-without further action. If the revision is challenged, the revision
1465-may not take effect without the approval of the commission.
1466-Sec. 11. (a) Upon request by a member state, the commission
1467-shall attempt to resolve disputes related to the compact that arise
1468-among member states and between member and nonmember
1469-states.
1470-(b) The commission shall promulgate a rule providing for both
1471-mediation and binding dispute resolution for disputes, as
1472-appropriate.
1473-(c) The commission, in the reasonable exercise of its discretion,
1474-shall enforce the provisions and rules of this compact.
1475-(d) By majority vote, the commission may initiate legal action
1476-in the United States District Court for the District of Columbia or
1477-the federal district where the commission has its principal offices
1478-against a member state in default to enforce compliance with the
1479-provisions of the compact and its promulgated rules and bylaws.
1480-The relief sought may include both injunctive relief and damages.
1481-In the event judicial enforcement is necessary, the prevailing
1482-member shall be awarded all costs of litigation, including
1483-reasonable attorney's fees.
1484-(e) The remedies herein shall not be the exclusive remedies of
1485-the commission. The commission may pursue any other remedies
1486-available under federal or state law.
1487-Sec. 12. (a) The compact shall come into effect on the date on
1488-which the compact statute is enacted into law in the tenth member
1489-state. The provisions, which become effective at that time, shall be
1490-limited to the powers granted to the commission relating to
1491-assembly and the promulgation of rules. Thereafter, the
1492-commission shall meet and exercise rulemaking powers necessary
1493-to the implementation and administration of the compact.
1494-(b) Any state that joins the compact subsequent to the
1495-commission's initial adoption of the rules shall be subject to the
1496-rules as they exist on the date on which the compact becomes law
1497-in that state. Any rule that has been previously adopted by the
1498-SEA 5 — CC 1 36
1499-commission shall have the full force and effect of law on the day the
1500-compact becomes law in that state.
1501-(c) Any member state may withdraw from this compact by
1502-enacting a statute repealing the same. The following apply to the
1503-withdrawal of a member state:
1504-(1) A member state's withdrawal shall not take effect until six
1505-(6) months after enactment of the repealing statute.
1506-(2) Withdrawal shall not affect the continuing requirement of
1507-the withdrawing state's audiology or speech-language
1508-pathology licensing board to comply with the investigative
1509-and adverse action reporting requirements of this act prior to
1510-the effective date of withdrawal.
1511-(d) Nothing contained in this compact shall be construed to
1512-invalidate or prevent any audiology or speech-language pathology
1513-licensure agreement or other cooperative arrangement between a
1514-member state and a nonmember state that does not conflict with
1515-the provisions of this compact.
1516-(e) This compact may be amended by the member states. No
1517-amendment to this compact shall become effective and binding
1518-upon any member state until it is enacted into the laws of all
1519-member states.
1520-Sec. 13. This compact shall be liberally construed so as to
1521-effectuate the purposes thereof. The provisions of this compact
1522-shall be severable and if any phrase, clause, sentence, or provision
1523-of this compact is declared to be contrary to the constitution of any
1524-member state or of the United States or the applicability thereof to
1525-any government, agency, person, or circumstance is held invalid,
1526-the validity of the remainder of this compact and the applicability
1527-thereof to any government, agency, person, or circumstance shall
1528-not be affected thereby. If this compact shall be held contrary to
1529-the constitution of any member state, the compact shall remain in
1530-full force and effect as to the remaining member states and in full
1531-force and effect as to the member state affected as to all severable
1532-matters.
1533-Sec. 14. (a) Nothing herein prevents the enforcement of any
1534-other law of a member state that is not inconsistent with the
1535-compact.
1536-(b) All laws in a member state in conflict with the compact are
1537-superseded to the extent of the conflict.
1538-(c) All lawful actions of the commission, including all rules and
1539-bylaws promulgated by the commission, are binding upon the
1540-member states.
1541-SEA 5 — CC 1 37
1542-(d) All agreements between the commission and the member
1543-states are binding in accordance with their terms.
1544-(e) In the event any provision of the compact exceeds the
1545-constitutional limits imposed on the legislature of any member
1546-state, the provision shall be ineffective to the extent of the conflict
1547-with the constitutional provision in question in that member state.
1548-SECTION 20. IC 34-30-2-101.7 IS ADDED TO THE INDIANA
1549-CODE AS A NEW SECTION TO READ AS FOLLOWS
1550-[EFFECTIVE JULY 1, 2022]: Sec. 101.7. IC 25-35.6-5-8 (Concerning
1551-members, officers, executive director, employees, and
1552-representatives of the audiology and speech-language pathology
1553-compact commission).
1554-SECTION 21. An emergency is declared for this act.
1555-SEA 5 — CC 1 President of the Senate
1556-President Pro Tempore
1557-Speaker of the House of Representatives
1558-Governor of the State of Indiana
1559-Date: Time:
1560-SEA 5 — CC 1
1048+the applicant has sufficient knowledge and experience.".
1049+Renumber all SECTIONS consecutively.
1050+and when so amended that said bill do pass.
1051+(Reference is to SB 5 as reprinted January 21, 2022.)
1052+BARRETT
1053+Committee Vote: yeas 12, nays 0.
1054+ES 5—LS 6630/DI 77 25
1055+COMMITTEE REPORT
1056+Mr. Speaker: Your Committee on Ways and Means, to which was
1057+referred Senate Bill 5, has had the same under consideration and begs
1058+leave to report the same back to the House with the recommendation
1059+that said bill be amended as follows:
1060+Page 1, between the enacting clause and line 1, begin a new
1061+paragraph and insert:
1062+"SECTION 1. IC 12-15-15-1.2, AS ADDED BY P.L.132-2021,
1063+SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1064+UPON PASSAGE]: Sec. 1.2. (a) This section applies only to state fiscal
1065+years beginning after June 30, 2021, and ending before July 1, 2023.
1066+(b) As used in this section, "children's hospital" means:
1067+(1) a freestanding general acute care hospital that:
1068+(A) is designated by the Medicare program as a children's
1069+hospital; or
1070+(B) furnishes inpatient and outpatient health care services to
1071+patients who are predominantly individuals less than nineteen
1072+(19) years of age; or
1073+(2) a facility located within a freestanding general acute care
1074+hospital that:
1075+(A) is designated by the Medicare program as a children's
1076+hospital; or
1077+(B) furnishes inpatient and outpatient health care services to
1078+patients who are predominately individuals less than nineteen
1079+(19) years of age.
1080+(c) This section applies to reimbursement for inpatient Medicaid
1081+services and outpatient Medicaid services provided to a Medicaid
1082+recipient who is less than nineteen (19) years of age at a children's
1083+hospital that is located in a state bordering Indiana. This section does
1084+not apply to reimbursement for non-emergency medical transportation.
1085+(d) Subject to subsection (a), the office shall reimburse a children's
1086+hospital for covered services provided to a Medicaid recipient that is
1087+described in subsection (c) at a rate set by the secretary that is based on
1088+a reimbursement formula that is:
1089+(1) comparable to the current federal Medicare reimbursement
1090+rate for the service provided by the children's hospital; or
1091+(2) one hundred thirty percent (130%) of the Medicaid
1092+reimbursement rate for a service that does not have a Medicare
1093+reimbursement rate.
1094+(e) Before September 1, 2021, the office shall apply to the United
1095+States Department of Health and Human Services for any state plan
1096+ES 5—LS 6630/DI 77 26
1097+amendment or Medicaid waiver necessary to implement and administer
1098+this section.
1099+(f) The office may adopt rules under IC 4-22-2 necessary for the
1100+implementation of this section.
1101+(g) Not later than September 30, 2022, the office shall complete
1102+a review of methods of calculating outlier payments in a way that
1103+does not negatively impact final reimbursement determined
1104+according to the rate set under subsection (d) as compared to final
1105+reimbursement when calculated as if the rate adjustment was not
1106+required under subsection (d).
1107+ (g) (h) This section expires July 1, 2023.".
1108+Page 5, line 2, after "more" insert "than".
1109+Renumber all SECTIONS consecutively.
1110+and when so amended that said bill do pass.
1111+(Reference is to ESB 5 as printed February 10, 2022.)
1112+BROWN T
1113+Committee Vote: yeas 24, nays 0.
1114+_____
1115+HOUSE MOTION
1116+Mr. Speaker: I move that Engrossed Senate Bill 5 be amended to
1117+read as follows:
1118+Page 7, line 12, delete "filed," and insert "filed and completed,".
1119+Page 8, line 42, delete "filed," and insert "filed and completed,".
1120+Page 10, line 9, delete "filed," and insert "filed and completed,".
1121+Page 12, line 11, delete "filed," and insert "filed and completed,".
1122+Page 12, line 23, delete "filed," and insert "filed and completed,".
1123+Page 13, line 12, delete "filed," and insert "filed and completed,".
1124+(Reference is to ESB 5 as printed February 21, 2022.)
1125+VERMILION
1126+ES 5—LS 6630/DI 77