Indiana 2022 Regular Session

Indiana Senate Bill SB0177 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	SB0177.2
2		-	January 28, 2022
	1	+	SB0177.1
	2	+	January 12, 2022
3	3		SENATE BILL No. 177
4	4		_____
5		-	DIGEST OF SB 177 (Updated January 27, 2022 1:~~38 pm~~ - DI ~~129~~)
	5	+	DIGEST OF SB 177 (Updated January 10, 2022 10:40 am - DI 140)
6	6		Citations Affected: IC 15-17; IC 15-17.5; IC 23-1.5; IC 24-5;
7	7		IC 25-0.5; IC 25-1; IC 25-38.1; IC 35-48.
8	8		Synopsis: Veterinary medicine. Changes the name of the Indiana
9	9		board of veterinary medical examiners to the Indiana board of
10	10		veterinary medicine (board). Provides that the state veterinarian: (1)
11	11		serves as the chief administrative officer of the board; (2) performs the
12	12		duties delegated by the board to the state veterinarian; and (3) provides
13	13		technical advice and assistance to the board. Establishes the Indiana
14	14		center for animal policy (center) to facilitate the coordination of
15	15		regulatory duties of the state board of animal health (BOAH) and the
16	16		board. Provides that the state veterinarian is the chief administrative
17	17		officer of the center and the BOAH. Requires that the BOAH (not the
18	18		professional licensing agency) perform certain administrative functions
19		-	for the board. Requires that the board and the division of consumer
20		-	protection, office of the attorney general enter into a memorandum of
21		-	understanding to share information concerning complaints and
22		-	investigations against individuals regulated by the board. Allows the
23		-	board to adopt emergency rules. Provides that the board, and the state
24		-	veterinarian if authorized by the board, may subpoena witnesses and
25		-	compel the production of certain documents as part of an investigation.
26		-	Changes the name of the veterinary investigative fund to the veterinary
27		-	medicine fund (fund). Makes various changes to the fund. Provides that
28		-	the changes made by the bill do not apply until July 1, 2023. Provides
29		-	for transition and makes conforming changes.
30		-	Effective: July 1, 2023.
	19	+	for the board. Provides that the board (not the division of consumer
	20	+	protection, office of the attorney general) shall investigate complaints
	21	+	against individuals regulated by the board. Allows the board to adopt
	22	+	emergency rules. Provides that the board, and the state veterinarian if
	23	+	authorized by the board, may subpoena witnesses and compel the
	24	+	production of certain documents as part of an investigation. Changes
	25	+	the name of the veterinary investigative fund to the veterinary medicine
	26	+	fund (fund). Makes various changes to the fund. Provides for transition
	27	+	and makes conforming changes.
	28	+	Effective: July 1, 2022.
31	29		Leising, Glick
32	30		January 6, 2022, read first time and referred to Committee on Agriculture.
33	31		January 11, 2022, reported favorably — Do Pass; reassigned to Committee on
34	32		Appropriations.
35		-	January 27, 2022, amended, reported favorably — Do Pass.
36		-	SB 177—LS 6749/DI 77 January 28, 2022
	33	+	SB 177—LS 6749/DI 77 January 12, 2022
37	34		Second Regular Session of the 122nd General Assembly (2022)
38	35		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
39	36		Constitution) is being amended, the text of the existing provision will appear in this style type,
40	37		additions will appear in this style type, and deletions will appear in this style type.
41	38		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
42	39		provision adopted), the text of the new provision will appear in this style type. Also, the
43	40		word NEW will appear in that style type in the introductory clause of each SECTION that adds
44	41		a new provision to the Indiana Code or the Indiana Constitution.
45	42		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
46	43		between statutes enacted by the 2021 Regular Session of the General Assembly.
47	44		SENATE BILL No. 177
48	45		A BILL FOR AN ACT to amend the Indiana Code concerning
49	46		agriculture and animals.
50	47		Be it enacted by the General Assembly of the State of Indiana:
51	48		1 SECTION 1. IC 15-17-4-5, AS ADDED BY P.L.2-2008, SECTION
52	49		2 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
53		-	3 ~~2023~~]: Sec. 5. The state veterinarian:
	50	+	3 2022]: Sec. 5. The state veterinarian:
54	51		4 (1) serves as secretary the chief administrative officer of the
55	52		5 board and performs the duties delegated by the board to the
56	53		6 state veterinarian;
57	54		7 (2) provides technical advice and assistance to, and serves as the
58	55		8 chief administrative officer to of, the Indiana board of
59	56		9 veterinary medical examiners; medicine under IC 25-38.1; and
60	57		10 (3) performs the duties delegated by the Indiana board of
61	58		11 veterinary medicine to the state veterinarian.
62	59		12 SECTION 2. IC 15-17.5 IS ADDED TO THE INDIANA CODE AS
63	60		13 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
64		-	14 ~~2023~~]:
	61	+	14 2022]:
65	62		15 ARTICLE 17.5. CENTER FOR ANIMAL POLICY
66	63		16 Chapter 1. Definitions
67	64		17 Sec. 1. The definitions in this chapter apply throughout this
68	65		SB 177—LS 6749/DI 77 2
69	66		1 article.
70	67		2 Sec. 2. "Board" refers to the Indiana board of veterinary
71	68		3 medicine established by IC 25-38.1-2-1.
72	69		4 Sec. 3. "Center" refers to the Indiana center for animal policy
73	70		5 established by IC 15-17.5-2-1.
74	71		6 Sec. 4. "State board" refers to the Indiana state board of animal
75	72		7 health established by IC 15-17-3-1.
76	73		8 Sec. 5. "State veterinarian" refers to the state veterinarian
77	74		9 appointed under IC 15-17-4-1.
78	75		10 Chapter 2. Indiana Center for Animal Policy
79	76		11 Sec. 1. The Indiana center for animal policy is established.
80	77		12 Sec. 2. The center is comprised of the following entities:
81	78		13 (1) The state board established by IC 15-17-3-1.
82	79		14 (2) The board established by IC 25-38.1-2-1.
83	80		15 Sec. 3. The state veterinarian is the chief administrative officer
84	81		16 of the center.
85	82		17 Sec. 4. The center shall protect human and animal health and
86	83		18 ensure efficient delivery of animal health services and products of
87	84		19 animal origin in Indiana by doing the following:
88	85		20 (1) Develop animal policy to address Indiana's need for a
89	86		21 healthy animal population, a safe food supply, and the
90	87		22 provision of a diverse range of veterinary medical services.
91	88		23 (2) Facilitate collaboration between the board and the state
92	89		24 board on programs that advance animal health, animal
93	90		25 welfare, food safety, and emergency preparedness.
94	91		26 (3) Streamline and provide for joint investigations,
95	92		27 enforcement, and other administrative functions of the board
96	93		28 and the state board.
97	94		29 (4) Enhance the ability of veterinarians and other employees
98	95		30 of the state board appointed under IC 15-17-4-8 to support
99	96		31 the regulatory mission of the board and the state board.
100	97		32 (5) Engage in joint outreach and education activities that
101	98		33 increase opportunities to interface with and support the needs
102	99		34 of veterinary practitioners, animal owners, and other
103	100		35 stakeholders.
104	101		36 (6) Safeguard against any incompetent, dishonest, or
105	102		37 unprincipled practice of veterinary medicine in Indiana.
106	103		38 Chapter 3. Administration and Personnel
107	104		39 Sec. 1. (a) The center shall facilitate the coordination of
108	105		40 regulatory duties of the state board and the board upon the
109	106		41 approval of each respective entity, as set forth in a memoranda of
110	107		42 understanding or other agreement.
111	108		SB 177—LS 6749/DI 77 3
112	109		1 (b) Nothing in this article shall be construed to amend the
113	110		2 independent duties, authorities, and funding mechanisms of the
114	111		3 board and the state board.
115	112		4 Sec. 2. (a) The state veterinarian, acting as the chief
116	113		5 administrative officer of the center, is authorized to direct
117	114		6 activities of employees of the board and state board:
118	115		7 (1) within the statutory authority of each entity; and
119	116		8 (2) in furtherance of the purposes set forth in IC 15-17.5-2.
120	117		9 (b) Employees of the board and state board are authorized to
121	118		10 perform activities to carry out the purposes of either entity. Any
122	119		11 joint use of personnel shall occur under:
123	120		12 (1) the applicable administrative standards for the allocation
124	121		13 of costs between the board and the state board; and
125	122		14 (2) the approval of the entity for which the activities are being
126	123		15 performed.
127	124		16 (c) The state veterinarian may contract for additional
128	125		17 technology, research, or human resources on behalf of the board
129	126		18 and the state board:
130	127		19 (1) under IC 5-22 or other applicable administrative
131	128		20 standards; and
132	129		21 (2) with the approval of the regulatory entity or entities that
133	130		22 are contributing state funds or other resources.
134	131		23 SECTION 3. IC 23-1.5-1-9, AS AMENDED BY P.L.57-2013,
135	132		24 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
136		-	25 JULY 1, ~~2023~~]: Sec. 9. "Licensing authority" means the following:
	133	+	25 JULY 1, 2022]: Sec. 9. "Licensing authority" means the following:
137	134		26 (1) In the case of an accounting professional, the Indiana state
138	135		27 board of public accountancy.
139	136		28 (2) In the case of an architectural professional, the board of
140	137		29 registration for architects and landscape architects.
141	138		30 (3) In the case of an engineering professional, the state board of
142	139		31 registration for professional engineers.
143	140		32 (4) In the case of an attorney, the Indiana supreme court.
144	141		33 (5) In the case of a health care professional, the board (as defined
145	142		34 in IC 25-1-9-1) that issues the individual's license, certification,
146	143		35 or registration.
147	144		36 (6) In the case of a veterinarian, the Indiana board of veterinary
148	145		37 medical examiners. medicine.
149	146		38 (7) In the case of a professional surveyor, the state board of
150	147		39 registration for professional surveyors.
151	148		40 (8) In the case of a real estate professional, the Indiana real estate
152	149		41 commission.
153	150		42 SECTION 4. IC 24-5-0.5-12 IS AMENDED TO READ AS
154	151		SB 177—LS 6749/DI 77 4
155		-	1 FOLLOWS [EFFECTIVE JULY 1, ~~2023~~]: Sec. 12. (a) It is an incurable
	152	+	1 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 12. (a) It is an incurable
156	153		2 deceptive act for an individual, while soliciting or performing a
157	154		3 consumer transaction, to claim, either orally or in writing, to possess a
158	155		4 doctorate degree or use a title, a word, letters, an insignia, or an
159	156		5 abbreviation associated with a doctorate degree, unless the individual:
160	157		6 (1) has been awarded a doctorate degree from an institution that
161	158		7 is:
162	159		8 (A) accredited by a regional or professional accrediting agency
163	160		9 recognized by the United States Department of Education or
164	161		10 the Council on Postsecondary Accreditation;
165	162		11 (B) a religious seminary, institute, college, or university whose
166	163		12 certificates, diplomas, or degrees clearly identify the religious
167	164		13 character of the educational program; or
168	165		14 (C) operated and supported by a governmental agency; or
169	166		15 (2) meets the requirements approved by one (1) of the following
170	167		16 boards:
171	168		17 (A) Medical licensing board of Indiana.
172	169		18 (B) State board of dental examiners.
173	170		19 (C) Indiana optometry board.
174	171		20 (D) Board of podiatric medicine.
175	172		21 (E) State psychology board.
176	173		22 (F) Board of chiropractic examiners.
177	174		23 (G) Indiana board of veterinary medical examiners. medicine.
178	175		24 (H) Indiana board of pharmacy.
179	176		25 (I) Indiana state board of nursing.
180	177		26 (b) It is an incurable deceptive act for an individual, while soliciting
181	178		27 or performing a consumer transaction, to claim to be a:
182	179		28 (1) physician unless the individual holds an unlimited license to
183	180		29 practice medicine under IC 25-22.5;
184	181		30 (2) chiropractic physician unless the individual holds a license as
185	182		31 a chiropractor under IC 25-10-1; or
186	183		32 (3) podiatric physician unless the individual holds a license as a
187	184		33 podiatrist under IC 25-29.
188	185		34 (c) The attorney general shall enforce this section in the same
189	186		35 manner as any other incurable deceptive act under this chapter.
190	187		36 SECTION 5. IC 25-0.5-3-27, AS ADDED BY P.L.3-2014,
191	188		37 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
192		-	38 JULY 1, ~~2023~~]: Sec. 27. IC 25-1-2-6(b) applies to the Indiana board of
	189	+	38 JULY 1, 2022]: Sec. 27. IC 25-1-2-6(b) applies to the Indiana board of
193	190		39 veterinary medical examiners. medicine.
194	191		40 SECTION 6. IC 25-0.5-4-33, AS ADDED BY P.L.3-2014,
195	192		41 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
196		-	42 JULY 1, ~~2023~~]: Sec. 33. The Indiana board of veterinary medical
	193	+	42 JULY 1, 2022]: Sec. 33. The Indiana board of veterinary medical
197	194		SB 177—LS 6749/DI 77 5
198	195		1 examiners medicine (IC 25-38.1-2) is a board under IC 25-1-4.
199	196		2 SECTION 7. IC 25-0.5-5-12 IS REPEALED [EFFECTIVE JULY
200		-	3 1, ~~2023~~]. Sec. 12. The Indiana professional licensing agency shall
	197	+	3 1, 2022]. Sec. 12. The Indiana professional licensing agency shall
201	198		4 perform administrative functions, duties, and responsibilities for the
202	199		5 Indiana board of veterinary medical examiners (IC 25-38.1-2) under
203	200		6 IC 25-1-5-3(a).
204	201		7 SECTION 8. IC 25-0.5-6-12, AS ADDED BY P.L.3-2014,
205	202		8 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
206		-	9 JULY 1, ~~2023~~]: Sec. 12. An individual licensed, certified, registered,
	203	+	9 JULY 1, 2022]: Sec. 12. An individual licensed, certified, registered,
207	204		10 or permitted by the Indiana board of veterinary medical examiners
208	205		11 medicine (IC 25-38.1-2) is a provider under IC 25-1-5-10.
209	206		12 SECTION 9. IC 25-0.5-8-20, AS ADDED BY P.L.3-2014,
210	207		13 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
211		-	14 JULY 1, ~~2023~~]: Sec. 20. An occupation for which a person is licensed,
	208	+	14 JULY 1, 2022]: Sec. 20. An occupation for which a person is licensed,
212	209		15 certified, or registered by the Indiana board of veterinary medical
213	210		16 examiners medicine (IC 25-38.1) is a regulated occupation under
214	211		17 IC 25-1-7.
215	212		18 SECTION 10. IC 25-0.5-9-20, AS ADDED BY P.L.3-2014,
216	213		19 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
217		-	20 JULY 1, ~~2023~~]: Sec. 20. The Indiana board of veterinary medical
	214	+	20 JULY 1, 2022]: Sec. 20. The Indiana board of veterinary medical
218	215		21 examiners medicine (IC 25-38.1-2-1) is a board under IC 25-1-8.
219	216		22 SECTION 11. IC 25-0.5-10-33, AS ADDED BY P.L.3-2014,
220	217		23 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
221		-	24 JULY 1, ~~2023~~]: Sec. 33. The Indiana board of veterinary medical
	218	+	24 JULY 1, 2022]: Sec. 33. The Indiana board of veterinary medical
222	219		25 examiners medicine (IC 25-38.1) is a board under IC 25-1-8-6.
223	220		26 SECTION 12. IC 25-0.5-11-12, AS ADDED BY P.L.3-2014,
224	221		27 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
225		-	28 JULY 1, ~~2023~~]: Sec. 12. The Indiana board of veterinary medical
	222	+	28 JULY 1, 2022]: Sec. 12. The Indiana board of veterinary medical
226	223		29 examiners medicine (IC 25-38.1-2) is a board under IC 25-1-9.
227	224		30 SECTION 13. IC 25-1-5-10.5 IS ADDED TO THE INDIANA
228	225		31 CODE AS A NEW SECTION TO READ AS FOLLOWS
229		-	32 [EFFECTIVE JULY 1, ~~2023~~]: Sec. 10.5. The Indiana board of
	226	+	32 [EFFECTIVE JULY 1, 2022]: Sec. 10.5. The Indiana board of
230	227		33 veterinary medicine shall provide the agency with the information
231	228		34 necessary to create and maintain a provider profile under section
232	229		35 10 of this chapter for each provider (as defined by section 10(a) of
233	230		36 this chapter) regulated under IC 25-38.1.
234	231		37 SECTION 14. IC 25-1-7-3, AS AMENDED BY P.L.32-2021,
235	232		38 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
236		-	39 JULY 1, ~~2023~~]: Sec. 3. (a) Except as provided in subsections (b), and
	233	+	39 JULY 1, 2022]: Sec. 3. (a) Except as provided in subsections (b), and
237	234		40 (c), and (d), the division is responsible for the investigation of
238	235		41 complaints concerning licensees.
239	236		42 (b) The medical licensing board of Indiana shall investigate a
240	237		SB 177—LS 6749/DI 77 6
241	238		1 complaint concerning a physician licensed under IC 25-22.5 and a
242	239		2 violation specified in IC 25-22.5-2-8. The division shall forward a
243	240		3 complaint concerning a physician licensed under IC 25-22.5 and a
244	241		4 violation specified in IC 25-22.5-2-8 to the medical licensing board of
245	242		5 Indiana for investigation by the board. However, if the complaint
246	243		6 includes a violation in addition to a violation specified in
247	244		7 IC 25-22.5-2-8, the division shall investigate the complaint in its
248	245		8 entirety and notify the medical licensing board of Indiana of the
249	246		9 investigation.
250	247		10 (c) The state board of cosmetology and barber examiners shall
251	248		11 investigate complaints under IC 25-8-14-5, IC 25-8-4-13, IC 25-8-4-29,
252	249		12 IC 25-8-9-14, and IC 25-8-15.4-5. The division shall forward a
253	250		13 complaint concerning the practice of beauty culture under IC 25-8 to
254	251		14 the state board of cosmetology and barber examiners for investigation
255	252		15 by the state board of cosmetology and barber examiners. However, if
256	253		16 the complaint includes a violation in addition to a violation specified
257	254		17 in IC 25-8-14-5, IC 25-8-4-13, IC 25-8-4-29, IC 25-8-9-14, and
258	255		18 IC 25-8-15.4-5, the division shall investigate the complaint in its
259	256		19 entirety and notify the state board of cosmetology and barber examiners
260	257		20 of the investigation.
261		-	21 (d) The Indiana ~~board of veterinary medicine and the division~~
262		-	22 shall ~~enter into a memorandum of understanding that establishes~~
263		-	23 ~~a process for sharing information between~~ the division ~~and~~ the
264		-	24 ~~Indiana board~~ of veterinary medicine ~~concerning complaints~~
265		-	25 ~~received and~~ the ~~investigation of complaints of violations of~~
266		-	26 ~~IC 25-38.1. The memorandum~~ of ~~understanding shall include,~~
267		-	27 ~~without limitation,~~ ~~a process for providing information~~ to ~~the state~~
268		-	28 ~~veterinarian on behalf~~ of the ~~Indiana board of veterinary medicine,~~
269		-	29 ~~including complaints received,~~ ~~investigations conducted on behalf~~
270		-	30 of the ~~Indiana board of veterinary medicine, and case dispositions.~~
271		-	31 ~~SECTION 15.~~ IC 25-1~~-7-5~~, ~~AS AMENDED BY P.L.227-2015,~~
272		-	32 ~~SECTION 3,~~ ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
273		-	33 ~~JULY 1,~~ ~~2023]: Sec~~. ~~5. (a) Subsection (b)(1) does not apply to:~~
274		-	34 (1~~) a complaint filed~~ by:
275		-	35 ~~(A) a member of any of the entities described in IC 25-0.5-8;~~
276		-	36 or
277		-	37 (B) ~~the Indiana professional licensing agency; or~~
278		-	38 (2) a ~~complaint filed under~~ IC 25-1-5-4.
279		-	39 ~~(b) Except as provided in section 3(b),~~ or ~~3(c), or 3(d) of this~~
280		-	40 ~~chapter,~~ the ~~director has the following duties and powers:~~
281		-	41 (1) ~~The director shall make an initial determination as to the merit~~
282		-	42 of ~~each complaint. A copy of a complaint having merit shall be~~
	258	+	21 (d) Except for a complaint filed before July 1, 2022, the Indiana
	259	+	22 board of veterinary medicine shall investigate complaints under
	260	+	23 IC 25-38.1. The division shall forward a complaint concerning the
	261	+	24 practice of veterinary medicine under IC 25-38.1 to the Indiana
	262	+	25 board of veterinary medicine for investigation by the Indiana
	263	+	26 board of veterinary medicine. Reports of investigations conducted
	264	+	27 by the Indiana board of veterinary medicine related to violations
	265	+	28 of IC 25-38.1 may be referred to the division for investigatory and
	266	+	29 enforcement action under a memorandum of understanding or
	267	+	30 other agreement. However, if the complaint includes a violation in
	268	+	31 addition to a violation specified in IC 25-38.1, the division shall
	269	+	32 investigate the complaint in its entirety and notify the Indiana
	270	+	33 board of veterinary medicine of the investigation.
	271	+	34 SECTION 15. IC 25-1-7-5, AS AMENDED BY P.L.227-2015,
	272	+	35 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	273	+	36 JULY 1, 2022]: Sec. 5. (a) Subsection (b)(1) does not apply to:
	274	+	37 (1) a complaint filed by:
	275	+	38 (A) a member of any of the entities described in IC 25-0.5-8;
	276	+	39 or
	277	+	40 (B) the Indiana professional licensing agency; or
	278	+	41 (2) a complaint filed under IC 25-1-5-4.
	279	+	42 (b) Except as provided in section 3(b), or 3(c), or 3(d) of this
283	280		SB 177—LS 6749/DI 77 7
284		-	1 ~~submitted to~~ the ~~board having jurisdiction over~~ the ~~licensee's~~
285		-	2 ~~regulated occupation,~~ ~~that board thereby acquiring jurisdiction~~
286		-	3 ~~over the matter except as otherwise provided in this chapter.~~
287		-	4 ~~(2)~~ The ~~director shall through any reasonable means notify~~ the
288		-	5 ~~licensee of the nature and ramifications of the complaint and of~~
289		-	6 the ~~duty of the board to attempt to resolve the complaint through~~
290		-	7 ~~negotiation.~~
291		-	8 ~~(3)~~ The ~~director shall report any pertinent information regarding~~
292		-	9 the ~~status~~ of the ~~complaint~~ to the ~~complainant.~~
293		-	10 ~~(4) The director may investigate any written complaint against a~~
294		-	11 ~~licensee.~~ The ~~investigation~~ shall ~~be limited to those areas in which~~
295		-	12 ~~there appears~~ to ~~be a violation of statutes governing~~ the ~~regulated~~
296		-	13 ~~occupation.~~
297		-	14 ~~(5)~~ The ~~director has the power~~ to ~~subpoena witnesses and to send~~
298		-	15 ~~for and compel~~ the ~~production of books, records, papers, and~~
299		-	16 ~~documents for the furtherance of any investigation under this~~
300		-	17 ~~chapter.~~ The ~~circuit or superior court located in~~ the ~~county where~~
301		-	18 the ~~subpoena is to be issued shall enforce any such subpoena by~~
302		-	19 the ~~director.~~
303		-	20 ~~SECTION 16~~. ~~IC 25-38.1-1-4 IS REPEALED [EFFECTIVE~~ ~~JULY~~
304		-	21 ~~1, 2023]. Sec. 4. "Agency" refers~~ to ~~the Indiana professional licensing~~
305		-	22 ~~agency established by IC 25-1-5-3~~.
306		-	23 SECTION 17. IC 25-38.1-1-~~7, AS ADDED BY P.L.2-2008,~~
307		-	24 ~~SECTION 12~~, ~~IS AMENDED~~ TO ~~READ AS FOLLOWS [EFFECTIVE~~
308		-	25 ~~JULY~~ 1~~, 2023]: Sec~~. ~~7. "Board" means the Indiana board of veterinary~~
309		-	26 ~~medical examiners medicine established by~~ IC 25-38.1-2-1.
310		-	27 SECTION ~~18. IC 25-38.1-1-13.4~~ IS ~~ADDED~~ TO ~~THE INDIANA~~
311		-	28 ~~CODE AS A NEW SECTION TO READ AS FOLLOWS~~
312		-	29 ~~[EFFECTIVE JULY~~ 1~~, 2023]: Sec~~. ~~13.4. "State board" refers to the~~
313		-	30 ~~Indiana state board of animal health established by~~ IC ~~15-17-3~~-1.
314		-	31 SECTION ~~19. IC 25-38.1-2-1,~~ AS ~~AMENDED BY P.L.249-2019,~~
315		-	32 ~~SECTION 137~~, ~~IS AMENDED~~ TO ~~READ AS FOLLOWS~~
316		-	33 ~~[EFFECTIVE JULY 1, 2023]: Sec. 1. (a) The Indiana~~ board of
317		-	34 ~~veterinary medical examiners medicine is established~~.
318		-	35 ~~(b) Subject~~ to ~~IC 25-1-6.5-3, the board consists of seven (7)~~
319		-	36 ~~members appointed by~~ the ~~governor.~~
320		-	37 ~~(c) One (1) of the board members must be a registered veterinary~~
321		-	38 ~~technician~~.
322		-	39 ~~(d) One (1) of~~ the ~~board members must be appointed to represent~~
323		-	40 the ~~general public.~~
324		-	41 ~~(e) Not more than four (4) board members may be affiliated with the~~
325		-	42 ~~same political party.~~
	281	+	1 chapter, the director has the following duties and powers:
	282	+	2 (1) The director shall make an initial determination as to the merit
	283	+	3 of each complaint. A copy of a complaint having merit shall be
	284	+	4 submitted to the board having jurisdiction over the licensee's
	285	+	5 regulated occupation, that board thereby acquiring jurisdiction
	286	+	6 over the matter except as otherwise provided in this chapter.
	287	+	7 (2) The director shall through any reasonable means notify the
	288	+	8 licensee of the nature and ramifications of the complaint and of
	289	+	9 the duty of the board to attempt to resolve the complaint through
	290	+	10 negotiation.
	291	+	11 (3) The director shall report any pertinent information regarding
	292	+	12 the status of the complaint to the complainant.
	293	+	13 (4) The director may investigate any written complaint against a
	294	+	14 licensee. The investigation shall be limited to those areas in which
	295	+	15 there appears to be a violation of statutes governing the regulated
	296	+	16 occupation.
	297	+	17 (5) The director has the power to subpoena witnesses and to send
	298	+	18 for and compel the production of books, records, papers, and
	299	+	19 documents for the furtherance of any investigation under this
	300	+	20 chapter. The circuit or superior court located in the county where
	301	+	21 the subpoena is to be issued shall enforce any such subpoena by
	302	+	22 the director.
	303	+	23 SECTION 16. IC 25-38.1-1-4 IS REPEALED [EFFECTIVE JULY
	304	+	24 1, 2022]. Sec. 4. "Agency" refers to the Indiana professional licensing
	305	+	25 agency established by IC 25-1-5-3.
	306	+	26 SECTION 17. IC 25-38.1-1-7, AS ADDED BY P.L.2-2008,
	307	+	27 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	308	+	28 JULY 1, 2022]: Sec. 7. "Board" means the Indiana board of veterinary
	309	+	29 medical examiners medicine established by IC 25-38.1-2-1.
	310	+	30 SECTION 18. IC 25-38.1-1-13.4 IS ADDED TO THE INDIANA
	311	+	31 CODE AS A NEW SECTION TO READ AS FOLLOWS
	312	+	32 [EFFECTIVE JULY 1, 2022]: Sec. 13.4. "State board" refers to the
	313	+	33 Indiana state board of animal health established by IC 15-17-3-1.
	314	+	34 SECTION 19. IC 25-38.1-2-1, AS AMENDED BY P.L.249-2019,
	315	+	35 SECTION 137, IS AMENDED TO READ AS FOLLOWS
	316	+	36 [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) The Indiana board of
	317	+	37 veterinary medical examiners medicine is established.
	318	+	38 (b) Subject to IC 25-1-6.5-3, the board consists of seven (7)
	319	+	39 members appointed by the governor.
	320	+	40 (c) One (1) of the board members must be a registered veterinary
	321	+	41 technician.
	322	+	42 (d) One (1) of the board members must be appointed to represent
326	323		SB 177—LS 6749/DI 77 8
327		-	1 ~~(f) A board member may be removed under IC 25-1-6~~.~~5-4.~~
328		-	2 ~~SECTION 20.~~ ~~IC 25-38.1-2-5, AS ADDED BY P.L.2-2008,~~
329		-	3 ~~SECTION 12,~~ ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
330		-	4 ~~JULY 1, 2023]: Sec. 5.~~ (a) ~~The~~ board ~~shall hold an annual meeting in~~
331		-	5 ~~Indianapolis and other regular meetings during the year at places the~~
332		-	6 ~~board sets.~~
333		-	7 (b) The board ~~may~~ hold ~~special meetings as necessary. The~~
334		-	8 ~~chairperson or two (2) members of~~ the ~~board may call a special~~
335		-	9 ~~meeting~~.
336		-	10 (c) ~~Four (4) members of~~ the board ~~constitute a quorum~~.
337		-	11 (d) ~~All meetings must be open and public. However,~~ the board may
338		-	12 ~~meet in closed session:~~
339		-	13 (1) ~~to prepare,~~ ~~approve, administer,~~ ~~or grade examinations;~~
340		-	14 (2) ~~to deliberate~~ the ~~qualifications of an applicant for license or~~
341		-	15 ~~registration; or~~
342		-	16 (3) to ~~deliberate the disposition of a proceeding to discipline a~~
343		-	17 ~~licensed veterinarian~~ or ~~registered veterinary technician.~~
344		-	18 ~~(e) Minutes of each regular and special meeting shall be compiled~~
345		-	19 ~~and kept as~~ a ~~permanent record in the same office as other records of~~
346		-	20 ~~the board are kept~~. ~~The agency board is responsible for the care and~~
347		-	21 ~~safekeeping~~ of ~~the minutes.~~
348		-	22 ~~SECTION 21. IC 25-38.1-2-7,~~ AS ~~AMENDED BY P.L.58-2008,~~
349		-	23 ~~SECTION 19,~~ IS ~~AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
350		-	24 ~~JULY 1, 2023]: Sec. 7. (a) At its annual meeting,~~ the ~~board shall elect~~
351		-	25 ~~a chairperson and vice chairperson and other necessary officers~~
352		-	26 ~~determined by the board.~~ ~~Officers shall serve for a term of one (1) year~~
353		-	27 ~~or until a successor is elected~~. ~~There is no limitation on~~ the ~~number of~~
354		-	28 ~~terms an officer may serve.~~
355		-	29 ~~(b)~~ The ~~state veterinarian~~ shall ~~be the chief administrative officer~~
356		-	30 ~~of and technical adviser of to~~ the ~~board.~~
357		-	31 ~~(c) The duties of the agency state veterinarian are the duties the~~
358		-	32 ~~board delegates to~~ the state veterinarian ~~and include:~~
359		-	33 ~~(1) corresponding for~~ the board;
360		-	34 (2) ~~keeping accounts and records~~ of ~~all receipts and~~
361		-	35 ~~disbursements by~~ the ~~board;~~
362		-	36 (3) ~~keeping records of all applications~~ for ~~license or registration~~;
363		-	37 (4) keeping ~~a register~~ of all ~~persons currently licensed or~~
364		-	38 ~~registered~~ by the board;
365		-	39 (5) keeping ~~permanent~~ records of all ~~board proceedings~~; ~~and~~
366		-	40 (6) ~~administering the veterinary investigative fund established by~~
367		-	41 ~~section 25 of this chapter~~;
368		-	42 (6) ~~performing any other administrative function~~ of ~~the~~ board
	324	+	1 the general public.
	325	+	2 (e) Not more than four (4) board members may be affiliated with the
	326	+	3 same political party.
	327	+	4 (f) A board member may be removed under IC 25-1-6.5-4.
	328	+	5 SECTION 20. IC 25-38.1-2-5, AS ADDED BY P.L.2-2008,
	329	+	6 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	330	+	7 JULY 1, 2022]: Sec. 5. (a) The board shall hold an annual meeting in
	331	+	8 Indianapolis and other regular meetings during the year at places the
	332	+	9 board sets.
	333	+	10 (b) The board may hold special meetings as necessary. The
	334	+	11 chairperson or two (2) members of the board may call a special
	335	+	12 meeting.
	336	+	13 (c) Four (4) members of the board constitute a quorum.
	337	+	14 (d) All meetings must be open and public. However, the board may
	338	+	15 meet in closed session:
	339	+	16 (1) to prepare, approve, administer, or grade examinations;
	340	+	17 (2) to deliberate the qualifications of an applicant for license or
	341	+	18 registration; or
	342	+	19 (3) to deliberate the disposition of a proceeding to discipline a
	343	+	20 licensed veterinarian or registered veterinary technician.
	344	+	21 (e) Minutes of each regular and special meeting shall be compiled
	345	+	22 and kept as a permanent record in the same office as other records of
	346	+	23 the board are kept. The agency board is responsible for the care and
	347	+	24 safekeeping of the minutes.
	348	+	25 SECTION 21. IC 25-38.1-2-7, AS AMENDED BY P.L.58-2008,
	349	+	26 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	350	+	27 JULY 1, 2022]: Sec. 7. (a) At its annual meeting, the board shall elect
	351	+	28 a chairperson and vice chairperson and other necessary officers
	352	+	29 determined by the board. Officers shall serve for a term of one (1) year
	353	+	30 or until a successor is elected. There is no limitation on the number of
	354	+	31 terms an officer may serve.
	355	+	32 (b) The state veterinarian shall be the chief administrative officer
	356	+	33 of and technical adviser of to the board.
	357	+	34 (c) The duties of the agency state veterinarian are the duties the
	358	+	35 board delegates to the state veterinarian and include:
	359	+	36 (1) corresponding for the board;
	360	+	37 (2) keeping accounts and records of all receipts and
	361	+	38 disbursements by the board;
	362	+	39 (3) keeping records of all applications for license or registration;
	363	+	40 (4) keeping a register of all persons currently licensed or
	364	+	41 registered by the board;
	365	+	42 (5) keeping permanent records of all board proceedings; and
369	366		SB 177—LS 6749/DI 77 9
370		-	1 ~~delegated by~~ the ~~board.~~
371		-	2 SECTION ~~22. IC 25-38.1-2-14.5 IS ADDED TO THE INDIANA~~
372		-	3 ~~CODE AS A NEW SECTION TO READ AS FOLLOWS~~
373		-	4 ~~[EFFECTIVE JULY 1, 2023]: Sec. 14.5. If~~ the board ~~determines that~~
374		-	5 ~~an emergency presents a risk~~ to the ~~delivery of competent, honest,~~
375		-	6 ~~and principled veterinary services in Indiana~~ as ~~described in~~
376		-	7 ~~IC 15-17~~.5~~-2-4,~~ the board ~~may adopt emergency rules in the~~
377		-	8 ~~manner provided under IC 4-22-2-37.1 that:~~
378		-	9 ~~(1) suspend or modify licensing,~~ ~~examination, continuing~~
379		-	10 ~~education~~, ~~or permit requirements under this article;~~ or
380		-	11 (2~~) implement measures~~ that ~~safeguard the health, safety, and~~
381		-	12 ~~welfare of the citizens and animals of Indiana.~~
382		-	13 ~~SECTION 23. IC 25-38.1-2-15~~, ~~AS ADDED BY P.L.2-2008,~~
383		-	14 ~~SECTION 12~~, ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
384		-	15 ~~JULY 1, 2023]: Sec. 15. (a) Subject to IC 25-1-7,~~ the ~~board may~~
385		-	16 ~~conduct investigations for the purpose of discovering violations of this~~
386		-	17 ~~article by:~~
387		-	18 (1) ~~licensed veterinarians or registered veterinary technicians;~~ or
388		-	19 ~~(2) persons practicing veterinary medicine without a license or~~
389		-	20 ~~persons practicing as a registered veterinary technician without~~
390		-	21 ~~being~~ registered.
391		-	22 (b) ~~The board,~~ ~~and the state veterinarian if authorized by the~~
392		-	23 ~~board, has the power to subpoena witnesses and to send for and~~
393		-	24 ~~compel the production of books, records, papers, and documents~~
394		-	25 ~~for~~ the ~~furtherance of any investigation under this chapter.~~ The
395		-	26 ~~circuit or superior court located in~~ the ~~county where the~~ subpoena
396		-	27 ~~is to be issued shall enforce~~ the ~~subpoena.~~
397		-	28 ~~SECTION 24~~. ~~IC 25-38.1-2-19, AS AMENDED BY P.L.58-2008,~~
398		-	29 ~~SECTION 25,~~ ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
399		-	30 ~~JULY 1,~~ ~~2023]: Sec.~~ ~~19. (a)~~ The ~~board shall establish by rule under~~
400		-	31 IC 25-1-~~8 fees sufficient to implement this article~~, ~~including fees for~~
401		-	32 ~~examining and licensing veterinarians and for examining and~~
402		-	33 ~~registering veterinary technicians~~.
403		-	34 ~~(b) In addition~~ to ~~the fee to issue or renew a license~~, ~~registration, or~~
404		-	35 ~~permit, the board may establish a fee of not more than ten dollars ($10)~~
405		-	36 ~~per year for a person who holds a license or special permit as a~~
406		-	37 ~~veterinarian~~ or ~~a registration or special permit as~~ a ~~veterinary~~
407		-	38 ~~technician to provide funds for administering and enforcing~~ the
408		-	39 ~~provisions of this article,~~ ~~including investigating and taking action~~
409		-	40 ~~against persons who violate this article.~~ ~~All funds collected under this~~
410		-	41 ~~subsection shall be deposited in~~ the ~~veterinary investigative medicine~~
411		-	42 ~~fund established by section 25~~ of this ~~chapter.~~
	367	+	1 (6) administering the veterinary investigative fund established by
	368	+	2 section 25 of this chapter;
	369	+	3 (6) performing any other administrative function of the board
	370	+	4 delegated by the board.
	371	+	5 SECTION 22. IC 25-38.1-2-14.5 IS ADDED TO THE INDIANA
	372	+	6 CODE AS A NEW SECTION TO READ AS FOLLOWS
	373	+	7 [EFFECTIVE JULY 1, 2022]: Sec. 14.5. If the board determines that
	374	+	8 an emergency presents a risk to the delivery of competent, honest,
	375	+	9 and principled veterinary services in Indiana as described in
	376	+	10 IC 15-17.5-2-4, the board may adopt emergency rules in the
	377	+	11 manner provided under IC 4-22-2-37.1 that:
	378	+	12 (1) suspend or modify licensing, examination, continuing
	379	+	13 education, or permit requirements under this article; or
	380	+	14 (2) implement measures that safeguard the health, safety, and
	381	+	15 welfare of the citizens and animals of Indiana.
	382	+	16 SECTION 23. IC 25-38.1-2-15, AS ADDED BY P.L.2-2008,
	383	+	17 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	384	+	18 JULY 1, 2022]: Sec. 15. (a) Subject to IC 25-1-7, the board may
	385	+	19 conduct investigations for the purpose of discovering violations of this
	386	+	20 article by:
	387	+	21 (1) licensed veterinarians or registered veterinary technicians; or
	388	+	22 (2) persons practicing veterinary medicine without a license or
	389	+	23 persons practicing as a registered veterinary technician without
	390	+	24 being registered.
	391	+	25 (b) The board, and the state veterinarian if authorized by the
	392	+	26 board, has the power to subpoena witnesses and to send for and
	393	+	27 compel the production of books, records, papers, and documents
	394	+	28 for the furtherance of any investigation under this chapter. The
	395	+	29 circuit or superior court located in the county where the subpoena
	396	+	30 is to be issued shall enforce the subpoena.
	397	+	31 SECTION 24. IC 25-38.1-2-19, AS AMENDED BY P.L.58-2008,
	398	+	32 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	399	+	33 JULY 1, 2022]: Sec. 19. (a) The board shall establish by rule under
	400	+	34 IC 25-1-8 fees sufficient to implement this article, including fees for
	401	+	35 examining and licensing veterinarians and for examining and
	402	+	36 registering veterinary technicians.
	403	+	37 (b) In addition to the fee to issue or renew a license, registration, or
	404	+	38 permit, the board may establish a fee of not more than ten dollars ($10)
	405	+	39 per year for a person who holds a license or special permit as a
	406	+	40 veterinarian or a registration or special permit as a veterinary
	407	+	41 technician to provide funds for administering and enforcing the
	408	+	42 provisions of this article, including investigating and taking action
412	409		SB 177—LS 6749/DI 77 10
413		-	1 ~~(c) The fees established~~ under this ~~section shall be charged and~~
414		-	2 ~~collected by~~ the ~~agency. state board.~~
415		-	3 SECTION 25. ~~IC 25-38.1-2-22, AS ADDED BY P.L.2-2008,~~
416		-	4 SECTION ~~12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
417		-	5 ~~JULY 1, 2023]: Sec. 22.~~ The agency state board ~~shall provide the~~
418		-	6 ~~board with full full-time~~ ~~or part-time~~ ~~professional and clerical~~
419		-	7 ~~personnel and supplies,~~ ~~including printed matter and equipment,~~
420		-	8 ~~necessary to implement this article~~.
421		-	9 SECTION 26. IC 25-38.1-2-25, AS ADDED BY P.L.58-2008,
422		-	10 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
423		-	11 JULY 1, ~~2023~~]: Sec. 25. (a) The ~~veterinary investigative medicine fund~~
424		-	12 ~~is established to provide funds for administering~~ and ~~enforcing the~~
425		-	13 ~~provisions of this article~~, including ~~investigating~~ and ~~taking~~
426		-	14 ~~enforcement action against violators of~~ this article. ~~The fund shall be~~
427		-	15 ~~administered by~~ the ~~agency. state board for the board.~~
428		-	16 ~~(b) The expenses of administering the fund shall be~~ paid from the
429		-	17 ~~money in the fund. The fund consists~~ of ~~money from the fee imposed~~
430		-	18 ~~under~~ section ~~19(b) of this chapter~~.
431		-	19 ~~(c) The treasurer of state shall invest the money in the fund not~~
432		-	20 ~~currently needed to meet~~ the ~~obligations of the~~ fund ~~in the same~~
433		-	21 ~~manner as other public money may be invested.~~
434		-	22 ~~(d) Money in the fund at the end~~ of ~~a state fiscal year does not revert~~
435		-	23 ~~to the state general fund~~. ~~However, if the total amount in~~ the fund
436		-	24 ~~exceeds seven hundred fifty thousand dollars ($750,000) at~~ the ~~end of~~
437		-	25 ~~a state fiscal year after payment~~ of ~~all claims and expenses,~~ the ~~amount~~
438		-	26 ~~that exceeds seven hundred fifty thousand dollars ($750,000) reverts~~
439		-	27 to the ~~state general fund.~~
440		-	28 (e) ~~Money in the fund is continually appropriated to the agency~~
441		-	29 state ~~board for its use~~ in ~~administering and enforcing this article,~~
442		-	30 ~~conducting investigations,~~ ~~and taking enforcement action against~~
443		-	31 ~~persons violating this article~~.
444		-	32 ~~(f)~~ The ~~attorney general, and the agency board, and the state~~
445		-	33 ~~board may enter into~~ a ~~memorandum of understanding to provide the~~
446		-	34 ~~attorney~~ general ~~with funds to conduct investigations and pursue~~
447		-	35 ~~enforcement action against violators~~ of ~~this article.~~
448		-	36 ~~(g)~~ The ~~attorney general and the agency state board shall present~~
449		-	37 ~~the memorandum of understanding annually to the board for review.~~
450		-	38 ~~SECTION 27. IC 25-38.1-2-26 IS ADDED~~ TO THE ~~INDIANA~~
451		-	39 ~~CODE AS A NEW SECTION~~ TO ~~READ AS FOLLOWS~~
452		-	40 ~~[EFFECTIVE JULY 1,~~ ~~2023]: Sec. 26. (a) Any reference~~ in ~~a law~~,
453		-	41 ~~rule~~, ~~license, permit,~~ ~~registration, certification,~~ ~~order, agreement,~~
454		-	42 ~~or other document to or by the Indiana board of veterinary~~
	410	+	1 against persons who violate this article. All funds collected under this
	411	+	2 subsection shall be deposited in the veterinary investigative fund
	412	+	3 established by section 25 of this chapter.
	413	+	4 (c) The fees established under this section shall be charged and
	414	+	5 collected by the agency. state board.
	415	+	6 (d) All funds collected under this section shall be deposited in
	416	+	7 the veterinary medicine fund established by section 25 of this
	417	+	8 chapter.
	418	+	9 SECTION 25. IC 25-38.1-2-22, AS ADDED BY P.L.2-2008,
	419	+	10 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	420	+	11 JULY 1, 2022]: Sec. 22. (a) The agency state board shall provide the
	421	+	12 board with full full-time or part-time professional and clerical
	422	+	13 personnel and supplies, including printed matter and equipment,
	423	+	14 necessary to implement this article.
	424	+	15 (b) The costs of administering and enforcing this article shall be
	425	+	16 paid from the veterinary medicine fund established by section 25
	426	+	17 of this chapter.
	427	+	18 SECTION 26. IC 25-38.1-2-25, AS ADDED BY P.L.58-2008,
	428	+	19 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	429	+	20 JULY 1, 2022]: Sec. 25. (a) The veterinary investigative medicine fund
	430	+	21 is established to provide funds for administering and enforcing the
	431	+	22 provisions of this article, including investigating and taking
	432	+	23 enforcement action against violators of this article. The fund shall be
	433	+	24 administered by the agency. state board for the board.
	434	+	25 (b) The expenses of administering the fund shall be paid from the
	435	+	26 money in the fund. The fund consists of appropriations by the
	436	+	27 general assembly and money from the fee fees imposed under section
	437	+	28 19(b) of this chapter.
	438	+	29 (c) The treasurer of state shall invest the money in the fund not
	439	+	30 currently needed to meet the obligations of the fund in the same
	440	+	31 manner as other public money may be invested. Interest that accrues
	441	+	32 from these investments shall be deposited in the fund.
	442	+	33 (d) Money in the fund at the end of a state fiscal year does not revert
	443	+	34 to the state general fund. However, if the total amount in the fund
	444	+	35 exceeds seven hundred fifty thousand dollars ($750,000) at the end of
	445	+	36 a state fiscal year after payment of all claims and expenses, the amount
	446	+	37 that exceeds seven hundred fifty thousand dollars ($750,000) reverts
	447	+	38 to the state general fund.
	448	+	39 (e) Money in the fund is continually appropriated to the agency
	449	+	40 state board for its use in administering and enforcing this article,
	450	+	41 conducting investigations, and taking enforcement action against
	451	+	42 persons violating this article.
455	452		SB 177—LS 6749/DI 77 11
456		-	1 ~~medical examiners shall be treated after June 30~~, ~~2023~~, ~~as a~~
457		-	2 ~~reference~~ to the ~~board.~~
458		-	3 ~~(b) Any rules adopted by the Indiana board of veterinary~~
459		-	4 ~~medical examiners before July 1,~~ ~~2023, are considered, after June~~
460		-	5 ~~30, 2023, rules of~~ the board.
461		-	6 ~~SECTION 28~~. ~~IC 25-38.1-3-4, AS AMENDED BY P.L.58-2008,~~
462		-	7 SECTION ~~29,~~ IS ~~AMENDED~~ TO ~~READ AS FOLLOWS [EFFECTIVE~~
463		-	8 ~~JULY 1,~~ ~~2023]: Sec.~~ ~~4. (a) The board shall hold at least one (1)~~
464		-	9 ~~examination for licensing veterinarians and one~~ (1) ~~examination for~~
465		-	10 ~~registering veterinary technicians each year. However~~, ~~the board may~~
466		-	11 ~~hold additional examinations.~~ The ~~agency~~ board ~~shall give notice of~~
467		-	12 ~~the date~~, ~~time~~, ~~and place for each examination at least ninety (90) days~~
468		-	13 ~~before~~ the ~~date set for the examination~~. ~~A person desiring to take an~~
469		-	14 ~~examination must make application not later than~~ the ~~time the~~ board
470		-	15 ~~prescribes under IC 25-38.~~1~~-2-12.~~
471		-	16 ~~(b)~~ The board ~~must approve the preparation, administration, and~~
472		-	17 ~~grading of examinations that comply with the following requirements:~~
473		-	18 ~~(1) Examinations for licensure~~ to ~~practice~~ as ~~a veterinarian must~~
474		-	19 ~~be designed to test~~ the ~~examinee's knowledge of and proficiency~~
475		-	20 ~~in the subjects~~ and ~~techniques commonly taught in veterinary~~
476		-	21 ~~schools~~. ~~To pass the examination~~, the ~~examinee must demonstrate~~
477		-	22 ~~scientific and practical knowledge sufficient to prove to~~ the board
478		-	23 ~~that~~ the ~~examinee is competent to practice veterinary medicine.~~
479		-	24 The ~~board may adopt and use examinations approved by~~ the
480		-	25 ~~National~~ Board ~~of Veterinary Medical Examiners for licensure to~~
481		-	26 ~~practice veterinary medicine~~.
482		-	27 (2) ~~Examinations for registration as a registered veterinary~~
483		-	28 ~~technician must be designed to test~~ the ~~examinee's knowledge of~~
484		-	29 ~~and proficiency in the subjects and techniques commonly taught~~
485		-	30 ~~in schools for veterinary technicians.~~ To ~~pass~~ the ~~examination, the~~
486		-	31 ~~examinee must demonstrate scientific~~ and ~~practical knowledge~~
487		-	32 ~~sufficient~~ to ~~prove to~~ the ~~board that~~ the examinee ~~is competent to~~
488		-	33 ~~act as a registered veterinary technician.~~ The board ~~may adopt and~~
489		-	34 ~~use examinations approved by~~ the ~~American Association of~~
490		-	35 ~~Veterinary State Boards for registration as a veterinary technician.~~
491		-	36 ~~(c) To qualify~~ for ~~a license as a veterinarian or~~ to ~~be registered as a~~
492		-	37 veterinary ~~technician, the applicant must attain a passing score in the~~
493		-	38 examinations.
494		-	39 ~~(d) After~~ the ~~examinations, the agency board shall notify each~~
495		-	40 ~~examinee of~~ the ~~result of the examinee's examinations. The board shall~~
496		-	41 ~~issue a license or registration certificate, as appropriate,~~ to ~~each~~
497		-	42 ~~individual who successfully completes the examinations~~ and is
	453	+	1 (f) The attorney general, and the agency board, and the state
	454	+	2 board may enter into a memorandum of understanding to provide the
	455	+	3 attorney general with funds to conduct investigations and pursue
	456	+	4 enforcement action against violators of this article.
	457	+	5 (g) The attorney general and the agency state board shall present
	458	+	6 the memorandum of understanding annually to the board for review.
	459	+	7 SECTION 27. IC 25-38.1-2-26 IS ADDED TO THE INDIANA
	460	+	8 CODE AS A NEW SECTION TO READ AS FOLLOWS
	461	+	9 [EFFECTIVE JULY 1, 2022]: Sec. 26. (a) Any reference in a law,
	462	+	10 rule, license, permit, registration, certification, order, agreement,
	463	+	11 or other document to or by the Indiana board of veterinary
	464	+	12 medical examiners shall be treated after June 30, 2022, as a
	465	+	13 reference to the board.
	466	+	14 (b) Any rules adopted by the Indiana board of veterinary
	467	+	15 medical examiners before July 1, 2022, are considered, after June
	468	+	16 30, 2022, rules of the board.
	469	+	17 SECTION 28. IC 25-38.1-3-4, AS AMENDED BY P.L.58-2008,
	470	+	18 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	471	+	19 JULY 1, 2022]: Sec. 4. (a) The board shall hold at least one (1)
	472	+	20 examination for licensing veterinarians and one (1) examination for
	473	+	21 registering veterinary technicians each year. However, the board may
	474	+	22 hold additional examinations. The agency board shall give notice of
	475	+	23 the date, time, and place for each examination at least ninety (90) days
	476	+	24 before the date set for the examination. A person desiring to take an
	477	+	25 examination must make application not later than the time the board
	478	+	26 prescribes under IC 25-38.1-2-12.
	479	+	27 (b) The board must approve the preparation, administration, and
	480	+	28 grading of examinations that comply with the following requirements:
	481	+	29 (1) Examinations for licensure to practice as a veterinarian must
	482	+	30 be designed to test the examinee's knowledge of and proficiency
	483	+	31 in the subjects and techniques commonly taught in veterinary
	484	+	32 schools. To pass the examination, the examinee must demonstrate
	485	+	33 scientific and practical knowledge sufficient to prove to the board
	486	+	34 that the examinee is competent to practice veterinary medicine.
	487	+	35 The board may adopt and use examinations approved by the
	488	+	36 National Board of Veterinary Medical Examiners for licensure to
	489	+	37 practice veterinary medicine.
	490	+	38 (2) Examinations for registration as a registered veterinary
	491	+	39 technician must be designed to test the examinee's knowledge of
	492	+	40 and proficiency in the subjects and techniques commonly taught
	493	+	41 in schools for veterinary technicians. To pass the examination, the
	494	+	42 examinee must demonstrate scientific and practical knowledge
498	495		SB 177—LS 6749/DI 77 12
499		-	1 ~~otherwise qualified.~~ The ~~agency~~ board ~~shall keep a permanent record~~
500		-	2 of the ~~issuance of each license or registration certificate.~~
501		-	3 ~~(e) An individual who fails to pass~~ the ~~required examinations may~~
502		-	4 ~~apply to take~~ a ~~subsequent examination~~. ~~Payment of the examination~~
503		-	5 ~~fee may not~~ be ~~waived.~~
504		-	6 ~~(f) If an~~ applicant ~~fails to pass~~ the ~~required examination within three~~
505		-	7 ~~(3) attempts in Indiana or any other state, the applicant may not retake~~
506		-	8 the ~~required examination.~~ The ~~applicant may take subsequent~~
507		-	9 examinations ~~upon approval by~~ the board ~~and completion of remedial~~
508		-	10 ~~education~~ as ~~required by the board.~~
509		-	11 ~~SECTION 29.~~ ~~IC 25-38.1-3-11, AS AMENDED BY P.L.177-2015,~~
510		-	12 ~~SECTION 78,~~ ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
511		-	13 ~~JULY 1,~~ ~~2023]: Sec.~~ ~~11. (a) Subject to IC 25-1-2-6(e), a~~ license ~~issued~~
512		-	14 ~~under this chapter is valid until~~ the ~~next renewal date described under~~
513		-	15 ~~subsection (b)~~.
514		-	16 ~~(b) All licenses expire on a date set by the agency board in each~~
515		-	17 ~~odd-numbered year but may be renewed by application~~ to the ~~board~~
516		-	18 ~~and payment of~~ the ~~proper renewal fee.~~ ~~In accordance with~~
517		-	19 ~~IC 25-1-5-4(c),~~ the ~~agency board shall mail a notice ninety (90) days~~
518		-	20 ~~before~~ the ~~expiration to each licensed veterinarian. The agency board~~
519		-	21 ~~shall issue a license renewal to each individual licensed under this~~
520		-	22 ~~chapter if the proper fee has been received and all other requirements~~
521		-	23 ~~for renewal of the license have been satisfied. Failure~~ to ~~renew a~~
522		-	24 license ~~on or before the expiration date automatically renders the~~
523		-	25 ~~license invalid without any action by~~ the ~~board.~~
524		-	26 ~~SECTION 30~~. ~~IC 25-38.1-3-12, AS AMENDED BY P.L.177-2015,~~
525		-	27 ~~SECTION 79,~~ ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
526		-	28 ~~JULY 1,~~ ~~2023]: Sec.~~ ~~12. (a) Subject~~ to ~~IC 25-1-2-6(e), a registration~~
527		-	29 ~~certificate issued under this chapter is valid until~~ the ~~next~~ renewal ~~date~~
528		-	30 ~~described under subsection~~ (b).
529		-	31 ~~(b) Subject~~ to ~~IC 25-1-2-6(e), all registration certificates expire on~~
530		-	32 a ~~date set by the agency board of~~ each ~~even-numbered year but may be~~
531		-	33 ~~renewed by application to the board and payment of~~ the proper ~~renewal~~
532		-	34 ~~fee. In accordance with IC 25-1-5-4(c),~~ the ~~agency board shall mail~~ a
533		-	35 ~~notice ninety (90) days~~ before the expiration ~~to each registered~~
534		-	36 ~~veterinary technician.~~ The ~~agency~~ board ~~shall issue a registration~~
535		-	37 ~~certificate renewal to each individual registered under this chapter if~~
536		-	38 ~~the proper fee has been received and all other requirements for renewal~~
537		-	39 ~~of the registration certificate have been satisfied~~. ~~Failure~~ to ~~renew~~ a
538		-	40 ~~registration~~ certificate ~~on or before~~ the ~~expiration~~ date ~~automatically~~
539		-	41 ~~renders the license invalid without any action by the board~~.
540		-	42 ~~SECTION 31.~~ IC 25-~~38.~~1-~~5-5~~, ~~AS ADDED BY P.L.58-2008,~~
	496	+	1 sufficient to prove to the board that the examinee is competent to
	497	+	2 act as a registered veterinary technician. The board may adopt and
	498	+	3 use examinations approved by the American Association of
	499	+	4 Veterinary State Boards for registration as a veterinary technician.
	500	+	5 (c) To qualify for a license as a veterinarian or to be registered as a
	501	+	6 veterinary technician, the applicant must attain a passing score in the
	502	+	7 examinations.
	503	+	8 (d) After the examinations, the agency board shall notify each
	504	+	9 examinee of the result of the examinee's examinations. The board shall
	505	+	10 issue a license or registration certificate, as appropriate, to each
	506	+	11 individual who successfully completes the examinations and is
	507	+	12 otherwise qualified. The agency board shall keep a permanent record
	508	+	13 of the issuance of each license or registration certificate.
	509	+	14 (e) An individual who fails to pass the required examinations may
	510	+	15 apply to take a subsequent examination. Payment of the examination
	511	+	16 fee may not be waived.
	512	+	17 (f) If an applicant fails to pass the required examination within three
	513	+	18 (3) attempts in Indiana or any other state, the applicant may not retake
	514	+	19 the required examination. The applicant may take subsequent
	515	+	20 examinations upon approval by the board and completion of remedial
	516	+	21 education as required by the board.
	517	+	22 SECTION 29. IC 25-38.1-3-11, AS AMENDED BY P.L.177-2015,
	518	+	23 SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	519	+	24 JULY 1, 2022]: Sec. 11. (a) Subject to IC 25-1-2-6(e), a license issued
	520	+	25 under this chapter is valid until the next renewal date described under
	521	+	26 subsection (b).
	522	+	27 (b) All licenses expire on a date set by the agency board in each
	523	+	28 odd-numbered year but may be renewed by application to the board
	524	+	29 and payment of the proper renewal fee. In accordance with
	525	+	30 IC 25-1-5-4(c), the agency board shall mail a notice ninety (90) days
	526	+	31 before the expiration to each licensed veterinarian. The agency board
	527	+	32 shall issue a license renewal to each individual licensed under this
	528	+	33 chapter if the proper fee has been received and all other requirements
	529	+	34 for renewal of the license have been satisfied. Failure to renew a
	530	+	35 license on or before the expiration date automatically renders the
	531	+	36 license invalid without any action by the board.
	532	+	37 SECTION 30. IC 25-38.1-3-12, AS AMENDED BY P.L.177-2015,
	533	+	38 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	534	+	39 JULY 1, 2022]: Sec. 12. (a) Subject to IC 25-1-2-6(e), a registration
	535	+	40 certificate issued under this chapter is valid until the next renewal date
	536	+	41 described under subsection (b).
	537	+	42 (b) Subject to IC 25-1-2-6(e), all registration certificates expire on
541	538		SB 177—LS 6749/DI 77 13
542		-	1 ~~SECTION 49,~~ ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
543		-	2 ~~JULY 1,~~ ~~2023]: Sec. 5. (a)~~ The ~~impaired veterinary health care~~
544		-	3 ~~provider fund is established to provide money for rehabilitation of~~
545		-	4 ~~impaired veterinary health care providers under this chapter.~~ The
546		-	5 agency ~~state~~ board shall ~~administer the fund for the board.~~
547		-	6 ~~(b) Expenses of administering the fund shall be paid from money in~~
548		-	7 the ~~fund. The fund consists of any grants or public~~ and ~~private financial~~
549		-	8 ~~assistance designated for~~ the ~~fund~~.
550		-	9 ~~(c)~~ The ~~treasurer of state shall invest the money in the fund not~~
551		-	10 ~~currently needed to meet~~ the ~~obligations of~~ the ~~fund in the same~~
552		-	11 ~~manner~~ as ~~other public money may be invested~~.
553		-	12 ~~(d) Money in the fund at the end of a state fiscal year does not revert~~
554		-	13 to the ~~state general fund.~~
555		-	14 ~~(e) Money in the~~ fund is ~~appropriated~~ to ~~the board~~ for ~~the purpose~~
556		-	15 ~~stated in subsection (a)~~.
557		-	16 ~~SECTION 32~~. ~~IC 35-48-3-2, AS AMENDED BY P.L.84-2010,~~
558		-	17 ~~SECTION 93,~~ ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
559		-	18 ~~JULY 1, 2023]: Sec~~. ~~2. (a)~~ Any ~~humane society,~~ ~~animal control agency,~~
560		-	19 ~~or governmental entity operating an animal shelter or other animal~~
561		-	20 ~~impounding facility is entitled to receive a limited permit only for~~ the
562		-	21 ~~purpose~~ of ~~buying, possessing,~~ ~~and using:~~
563		-	22 ~~(1) sodium pentobarbital to euthanize injured,~~ ~~sick, homeless, or~~
564		-	23 ~~unwanted domestic pets and animals;~~
565		-	24 ~~(2) ketamine and ketamine products~~ to ~~anesthetize or immobilize~~
566		-	25 ~~fractious domestic pets and animals;~~ ~~and~~
567		-	26 (3) ~~a combination product containing tiletimine and zolazepam as~~
568		-	27 ~~an agent for the remote chemical capture of domestic pets or~~
569		-	28 ~~animals that otherwise cannot be restrained or captured.~~
570		-	29 (b) A humane society, animal control agency, ~~or governmental~~
571		-	30 entity ~~entitled to receive a permit under this chapter must:~~
572		-	31 ~~(1) apply~~ to ~~the board according to~~ the ~~rules established by the~~
573		-	32 ~~board;~~
574		-	33 (2) ~~pay annually~~ to ~~the board a fee set by the board for the limited~~
575		-	34 ~~permit;~~ and
576		-	35 (3) ~~submit proof,~~ ~~as determined by the board,~~ ~~that the employees~~
577		-	36 ~~of an applicant who will handle a controlled substance are~~
578		-	37 ~~sufficiently trained to use~~ and ~~administer the controlled substance.~~
579		-	38 ~~(c) All fees collected by~~ the ~~board under this section shall be~~
580		-	39 ~~credited to the state board of pharmacy account~~.
581		-	40 (d) ~~Storage~~, ~~handling~~, ~~and use of controlled substances obtained~~
582		-	41 ~~according~~ to this ~~section are subject to the rules adopted by the board.~~
583		-	42 (e) ~~Before issuing a permit under this section,~~ the board ~~may consult~~
	539	+	1 a date set by the agency board of each even-numbered year but may be
	540	+	2 renewed by application to the board and payment of the proper renewal
	541	+	3 fee. In accordance with IC 25-1-5-4(c), the agency board shall mail a
	542	+	4 notice ninety (90) days before the expiration to each registered
	543	+	5 veterinary technician. The agency board shall issue a registration
	544	+	6 certificate renewal to each individual registered under this chapter if
	545	+	7 the proper fee has been received and all other requirements for renewal
	546	+	8 of the registration certificate have been satisfied. Failure to renew a
	547	+	9 registration certificate on or before the expiration date automatically
	548	+	10 renders the license invalid without any action by the board.
	549	+	11 SECTION 31. IC 25-38.1-5-5, AS ADDED BY P.L.58-2008,
	550	+	12 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	551	+	13 JULY 1, 2022]: Sec. 5. (a) The impaired veterinary health care
	552	+	14 provider fund is established to provide money for rehabilitation of
	553	+	15 impaired veterinary health care providers under this chapter. The
	554	+	16 agency state board shall administer the fund for the board.
	555	+	17 (b) Expenses of administering the fund shall be paid from money in
	556	+	18 the fund. The fund consists of any grants or public and private financial
	557	+	19 assistance designated for the fund.
	558	+	20 (c) The treasurer of state shall invest the money in the fund not
	559	+	21 currently needed to meet the obligations of the fund in the same
	560	+	22 manner as other public money may be invested.
	561	+	23 (d) Money in the fund at the end of a state fiscal year does not revert
	562	+	24 to the state general fund.
	563	+	25 (e) Money in the fund is appropriated to the board for the purpose
	564	+	26 stated in subsection (a).
	565	+	27 SECTION 32. IC 35-48-3-2, AS AMENDED BY P.L.84-2010,
	566	+	28 SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	567	+	29 JULY 1, 2022]: Sec. 2. (a) Any humane society, animal control agency,
	568	+	30 or governmental entity operating an animal shelter or other animal
	569	+	31 impounding facility is entitled to receive a limited permit only for the
	570	+	32 purpose of buying, possessing, and using:
	571	+	33 (1) sodium pentobarbital to euthanize injured, sick, homeless, or
	572	+	34 unwanted domestic pets and animals;
	573	+	35 (2) ketamine and ketamine products to anesthetize or immobilize
	574	+	36 fractious domestic pets and animals; and
	575	+	37 (3) a combination product containing tiletimine and zolazepam as
	576	+	38 an agent for the remote chemical capture of domestic pets or
	577	+	39 animals that otherwise cannot be restrained or captured.
	578	+	40 (b) A humane society, animal control agency, or governmental
	579	+	41 entity entitled to receive a permit under this chapter must:
	580	+	42 (1) apply to the board according to the rules established by the
584	581		SB 177—LS 6749/DI 77 14
585		-	1 ~~with the Indiana~~ board ~~of veterinary medical examiners. medicine.~~
586		-	2 ~~SECTION 33.~~ ~~IC 35-48-3-4, AS AMENDED~~ BY ~~P.L.84-2010,~~
587		-	3 ~~SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
588		-	4 ~~JULY 1~~, ~~2023]: Sec.~~ ~~4. (a)~~ The board ~~shall register an applicant to~~
589		-	5 ~~manufacture or distribute~~ controlled ~~substances unless it determines~~
590		-	6 ~~that~~ the ~~issuance of that registration would be inconsistent with the~~
591		-	7 ~~public interest.~~ ~~In determining the public interest,~~ the board shall
592		-	8 ~~consider:~~
593		-	9 (1) ~~maintenance~~ of ~~effective controls against diversion of~~
594		-	10 ~~controlled substances into other than legitimate medical,~~
595		-	11 ~~scientific~~, ~~or industrial channels;~~
596		-	12 ~~(2) compliance~~ with ~~applicable state and local law;~~
597		-	13 (3~~) any convictions of the applicant under any federal and state~~
598		-	14 ~~laws relating~~ to ~~any controlled substance;~~
599		-	15 (4) ~~past experience in~~ the ~~manufacture or distribution of~~
600		-	16 controlled substances~~, and the existence in the applicant's~~
601		-	17 ~~establishment~~ of ~~effective controls against diversion;~~
602		-	18 ~~(5) furnishing by~~ the ~~applicant of false or fraudulent material in~~
603		-	19 ~~any application filed under this article;~~
604		-	20 (6) ~~suspension or revocation~~ of ~~the applicant's federal registration~~
605		-	21 ~~to manufacture, distribute, or dispense~~ controlled substances as
606		-	22 ~~authorized by federal law~~; ~~and~~
607		-	23 (7) ~~any other factors relevant to~~ and ~~consistent with the public~~
608		-	24 ~~health~~ and ~~safety.~~
609		-	25 ~~(b) Registration under subsection (a) of this section does not entitle~~
610		-	26 ~~a registrant to~~ manufacture ~~and distribute controlled substances in~~
611		-	27 ~~schedules I or II other than those specified~~ in the ~~registration.~~
612		-	28 ~~(c) Practitioners must be registered to dispense any controlled~~
613		-	29 ~~substances~~ or ~~to conduct research with controlled substances~~ in
614		-	30 ~~schedules II through V if they are authorized to dispense or conduct~~
615		-	31 ~~research under~~ the ~~law of this state. The board need not require~~
616		-	32 ~~separate registration under this chapter for practitioners engaging in~~
617		-	33 ~~research with nonnarcotic controlled substances in schedules II through~~
618		-	34 ~~V where~~ the ~~registrant is already registered under this chapter in~~
619		-	35 ~~another capacity,~~ ~~to the extent authorized by his the registrant's~~
620		-	36 registration ~~in that other capacity.~~
621		-	37 ~~(d) Registration~~ to ~~conduct research or instructional activities with~~
622		-	38 ~~controlled substances in~~ schedules I ~~through V does not entitle a~~
623		-	39 ~~registrant~~ to ~~conduct research or instructional activities with~~ controlled
624		-	40 substances ~~other than those approved by the board~~ in ~~accordance with~~
625		-	41 ~~the registration.~~
626		-	42 ~~(e)~~ The board ~~may consult with the Indiana board of veterinary~~
	582	+	1 board;
	583	+	2 (2) pay annually to the board a fee set by the board for the limited
	584	+	3 permit; and
	585	+	4 (3) submit proof, as determined by the board, that the employees
	586	+	5 of an applicant who will handle a controlled substance are
	587	+	6 sufficiently trained to use and administer the controlled substance.
	588	+	7 (c) All fees collected by the board under this section shall be
	589	+	8 credited to the state board of pharmacy account.
	590	+	9 (d) Storage, handling, and use of controlled substances obtained
	591	+	10 according to this section are subject to the rules adopted by the board.
	592	+	11 (e) Before issuing a permit under this section, the board may consult
	593	+	12 with the Indiana board of veterinary medical examiners. medicine.
	594	+	13 SECTION 33. IC 35-48-3-4, AS AMENDED BY P.L.84-2010,
	595	+	14 SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	596	+	15 JULY 1, 2022]: Sec. 4. (a) The board shall register an applicant to
	597	+	16 manufacture or distribute controlled substances unless it determines
	598	+	17 that the issuance of that registration would be inconsistent with the
	599	+	18 public interest. In determining the public interest, the board shall
	600	+	19 consider:
	601	+	20 (1) maintenance of effective controls against diversion of
	602	+	21 controlled substances into other than legitimate medical,
	603	+	22 scientific, or industrial channels;
	604	+	23 (2) compliance with applicable state and local law;
	605	+	24 (3) any convictions of the applicant under any federal and state
	606	+	25 laws relating to any controlled substance;
	607	+	26 (4) past experience in the manufacture or distribution of
	608	+	27 controlled substances, and the existence in the applicant's
	609	+	28 establishment of effective controls against diversion;
	610	+	29 (5) furnishing by the applicant of false or fraudulent material in
	611	+	30 any application filed under this article;
	612	+	31 (6) suspension or revocation of the applicant's federal registration
	613	+	32 to manufacture, distribute, or dispense controlled substances as
	614	+	33 authorized by federal law; and
	615	+	34 (7) any other factors relevant to and consistent with the public
	616	+	35 health and safety.
	617	+	36 (b) Registration under subsection (a) of this section does not entitle
	618	+	37 a registrant to manufacture and distribute controlled substances in
	619	+	38 schedules I or II other than those specified in the registration.
	620	+	39 (c) Practitioners must be registered to dispense any controlled
	621	+	40 substances or to conduct research with controlled substances in
	622	+	41 schedules II through V if they are authorized to dispense or conduct
	623	+	42 research under the law of this state. The board need not require
627	624		SB 177—LS 6749/DI 77 15
628		-	1 medical examiners medicine before issuing a registration to a person:
629		-	2 (1) who seeks to conduct research or instructional activities with
630		-	3 controlled substances in schedules I through IV; and
631		-	4 (2) whose activities constitute the practice of veterinary medicine
632		-	5 (as defined by IC 25-38.1-1-12).
633		-	6 (f) Compliance by manufacturers and distributors with the
634		-	7 provisions of the federal law respecting registration (excluding fees)
635		-	8 entitles them to be registered under this article.
	625	+	1 separate registration under this chapter for practitioners engaging in
	626	+	2 research with nonnarcotic controlled substances in schedules II through
	627	+	3 V where the registrant is already registered under this chapter in
	628	+	4 another capacity, to the extent authorized by his the registrant's
	629	+	5 registration in that other capacity.
	630	+	6 (d) Registration to conduct research or instructional activities with
	631	+	7 controlled substances in schedules I through V does not entitle a
	632	+	8 registrant to conduct research or instructional activities with controlled
	633	+	9 substances other than those approved by the board in accordance with
	634	+	10 the registration.
	635	+	11 (e) The board may consult with the Indiana board of veterinary
	636	+	12 medical examiners medicine before issuing a registration to a person:
	637	+	13 (1) who seeks to conduct research or instructional activities with
	638	+	14 controlled substances in schedules I through IV; and
	639	+	15 (2) whose activities constitute the practice of veterinary medicine
	640	+	16 (as defined by IC 25-38.1-1-12).
	641	+	17 (f) Compliance by manufacturers and distributors with the
	642	+	18 provisions of the federal law respecting registration (excluding fees)
	643	+	19 entitles them to be registered under this article.
636	644		SB 177—LS 6749/DI 77 16
637	645		COMMITTEE REPORT
638	646		Madam President: The Senate Committee on Agriculture, to which
639	647		was referred Senate Bill No. 177, has had the same under consideration
640	648		and begs leave to report the same back to the Senate with the
641	649		recommendation that said bill DO PASS and be reassigned to the
642	650		Senate Committee on Appropriations.
643	651		(Reference is to SB 177 as introduced.)
644	652		LEISING, Chairperson
645	653		Committee Vote: Yeas 7, Nays 0
646		-	_____
647		-	COMMITTEE REPORT
648		-	Madam President: The Senate Committee on Appropriations, to
649		-	which was referred Senate Bill No. 177, has had the same under
650		-	consideration and begs leave to report the same back to the Senate with
651		-	the recommendation that said bill be AMENDED as follows:
652		-	Replace the effective dates in SECTIONS 1 through 33 with
653		-	"[EFFECTIVE JULY 1, 2023]".
654		-	Page 6, delete lines 21 through 33, begin a new paragraph and
655		-	insert:
656		-	"(d) The Indiana board of veterinary medicine and the division
657		-	shall enter into a memorandum of understanding that establishes
658		-	a process for sharing information between the division and the
659		-	Indiana board of veterinary medicine concerning complaints
660		-	received and the investigation of complaints of violations of
661		-	IC 25-38.1. The memorandum of understanding shall include,
662		-	without limitation, a process for providing information to the state
663		-	veterinarian on behalf of the Indiana board of veterinary medicine,
664		-	including complaints received, investigations conducted on behalf
665		-	of the Indiana board of veterinary medicine, and case
666		-	dispositions.".
667		-	Page 10, line 1, reset in roman "All funds collected under this".
668		-	Page 10, reset in roman lines 2 through 3.
669		-	Page 10, line 2, strike "investigative" and insert "medicine".
670		-	Page 10, delete lines 6 through 8.
671		-	Page 10, line 11, delete "(a)".
672		-	Page 10, delete lines 15 through 17.
673		-	Page 10, line 26, delete "appropriations by the".
674		-	SB 177—LS 6749/DI 77 17
675		-	Page 10, line 27, delete "general assembly and".
676		-	Page 10, line 27, reset in roman "the fee".
677		-	Page 10, line 27, delete "fees".
678		-	Page 10, line 27, reset in roman "section".
679		-	Page 10, line 28, reset in roman "19(b) of".
680		-	Page 10, line 31, delete "Interest that accrues".
681		-	Page 10, line 32, delete "from these investments shall be deposited
682		-	in the fund.".
683		-	Page 11, line 12, delete "2022," and insert "2023,".
684		-	Page 11, line 15, delete "2022," and insert "2023,".
685		-	Page 11, line 16, delete "2022," and insert "2023,".
686		-	and when so amended that said bill do pass.
687		-	(Reference is to SB 177 as printed January 12, 2022.)
688		-	MISHLER, Chairperson
689		-	Committee Vote: Yeas 10, Nays 0.
690	654		SB 177—LS 6749/DI 77