*SB0177.2*
January 28, 2022
SENATE BILL No. 177
_____
DIGEST OF SB 177 (Updated January 27, 2022 1:38 pm - DI 129)
Citations Affected: IC 15-17; IC 15-17.5; IC 23-1.5; IC 24-5;
IC 25-0.5; IC 25-1; IC 25-38.1; IC 35-48.
Synopsis: Veterinary medicine. Changes the name of the Indiana
board of veterinary medical examiners to the Indiana board of
veterinary medicine (board). Provides that the state veterinarian: (1)
serves as the chief administrative officer of the board; (2) performs the
duties delegated by the board to the state veterinarian; and (3) provides
technical advice and assistance to the board. Establishes the Indiana
center for animal policy (center) to facilitate the coordination of
regulatory duties of the state board of animal health (BOAH) and the
board. Provides that the state veterinarian is the chief administrative
officer of the center and the BOAH. Requires that the BOAH (not the
professional licensing agency) perform certain administrative functions
for the board. Requires that the board and the division of consumer
protection, office of the attorney general enter into a memorandum of
understanding to share information concerning complaints and
investigations against individuals regulated by the board. Allows the
board to adopt emergency rules. Provides that the board, and the state
veterinarian if authorized by the board, may subpoena witnesses and
compel the production of certain documents as part of an investigation.
Changes the name of the veterinary investigative fund to the veterinary
medicine fund (fund). Makes various changes to the fund. Provides that
the changes made by the bill do not apply until July 1, 2023. Provides
for transition and makes conforming changes.
Effective: July 1, 2023.
Leising, Glick
January 6, 2022, read first time and referred to Committee on Agriculture.
January 11, 2022, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
January 27, 2022, amended, reported favorably — Do Pass.
SB 177—LS 6749/DI 77 January 28, 2022
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE BILL No. 177
A BILL FOR AN ACT to amend the Indiana Code concerning
agriculture and animals.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 15-17-4-5, AS ADDED BY P.L.2-2008, SECTION
2 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
3 2023]: Sec. 5. The state veterinarian:
4 (1) serves as secretary the chief administrative officer of the
5 board and performs the duties delegated by the board to the
6 state veterinarian;
7 (2) provides technical advice and assistance to, and serves as the
8 chief administrative officer to of, the Indiana board of
9 veterinary medical examiners; medicine under IC 25-38.1; and
10 (3) performs the duties delegated by the Indiana board of
11 veterinary medicine to the state veterinarian.
12 SECTION 2. IC 15-17.5 IS ADDED TO THE INDIANA CODE AS
13 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
14 2023]:
15 ARTICLE 17.5. CENTER FOR ANIMAL POLICY
16 Chapter 1. Definitions
17 Sec. 1. The definitions in this chapter apply throughout this
SB 177—LS 6749/DI 77 2
1 article.
2 Sec. 2. "Board" refers to the Indiana board of veterinary
3 medicine established by IC 25-38.1-2-1.
4 Sec. 3. "Center" refers to the Indiana center for animal policy
5 established by IC 15-17.5-2-1.
6 Sec. 4. "State board" refers to the Indiana state board of animal
7 health established by IC 15-17-3-1.
8 Sec. 5. "State veterinarian" refers to the state veterinarian
9 appointed under IC 15-17-4-1.
10 Chapter 2. Indiana Center for Animal Policy
11 Sec. 1. The Indiana center for animal policy is established.
12 Sec. 2. The center is comprised of the following entities:
13 (1) The state board established by IC 15-17-3-1.
14 (2) The board established by IC 25-38.1-2-1.
15 Sec. 3. The state veterinarian is the chief administrative officer
16 of the center.
17 Sec. 4. The center shall protect human and animal health and
18 ensure efficient delivery of animal health services and products of
19 animal origin in Indiana by doing the following:
20 (1) Develop animal policy to address Indiana's need for a
21 healthy animal population, a safe food supply, and the
22 provision of a diverse range of veterinary medical services.
23 (2) Facilitate collaboration between the board and the state
24 board on programs that advance animal health, animal
25 welfare, food safety, and emergency preparedness.
26 (3) Streamline and provide for joint investigations,
27 enforcement, and other administrative functions of the board
28 and the state board.
29 (4) Enhance the ability of veterinarians and other employees
30 of the state board appointed under IC 15-17-4-8 to support
31 the regulatory mission of the board and the state board.
32 (5) Engage in joint outreach and education activities that
33 increase opportunities to interface with and support the needs
34 of veterinary practitioners, animal owners, and other
35 stakeholders.
36 (6) Safeguard against any incompetent, dishonest, or
37 unprincipled practice of veterinary medicine in Indiana.
38 Chapter 3. Administration and Personnel
39 Sec. 1. (a) The center shall facilitate the coordination of
40 regulatory duties of the state board and the board upon the
41 approval of each respective entity, as set forth in a memoranda of
42 understanding or other agreement.
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1 (b) Nothing in this article shall be construed to amend the
2 independent duties, authorities, and funding mechanisms of the
3 board and the state board.
4 Sec. 2. (a) The state veterinarian, acting as the chief
5 administrative officer of the center, is authorized to direct
6 activities of employees of the board and state board:
7 (1) within the statutory authority of each entity; and
8 (2) in furtherance of the purposes set forth in IC 15-17.5-2.
9 (b) Employees of the board and state board are authorized to
10 perform activities to carry out the purposes of either entity. Any
11 joint use of personnel shall occur under:
12 (1) the applicable administrative standards for the allocation
13 of costs between the board and the state board; and
14 (2) the approval of the entity for which the activities are being
15 performed.
16 (c) The state veterinarian may contract for additional
17 technology, research, or human resources on behalf of the board
18 and the state board:
19 (1) under IC 5-22 or other applicable administrative
20 standards; and
21 (2) with the approval of the regulatory entity or entities that
22 are contributing state funds or other resources.
23 SECTION 3. IC 23-1.5-1-9, AS AMENDED BY P.L.57-2013,
24 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2023]: Sec. 9. "Licensing authority" means the following:
26 (1) In the case of an accounting professional, the Indiana state
27 board of public accountancy.
28 (2) In the case of an architectural professional, the board of
29 registration for architects and landscape architects.
30 (3) In the case of an engineering professional, the state board of
31 registration for professional engineers.
32 (4) In the case of an attorney, the Indiana supreme court.
33 (5) In the case of a health care professional, the board (as defined
34 in IC 25-1-9-1) that issues the individual's license, certification,
35 or registration.
36 (6) In the case of a veterinarian, the Indiana board of veterinary
37 medical examiners. medicine.
38 (7) In the case of a professional surveyor, the state board of
39 registration for professional surveyors.
40 (8) In the case of a real estate professional, the Indiana real estate
41 commission.
42 SECTION 4. IC 24-5-0.5-12 IS AMENDED TO READ AS
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1 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 12. (a) It is an incurable
2 deceptive act for an individual, while soliciting or performing a
3 consumer transaction, to claim, either orally or in writing, to possess a
4 doctorate degree or use a title, a word, letters, an insignia, or an
5 abbreviation associated with a doctorate degree, unless the individual:
6 (1) has been awarded a doctorate degree from an institution that
7 is:
8 (A) accredited by a regional or professional accrediting agency
9 recognized by the United States Department of Education or
10 the Council on Postsecondary Accreditation;
11 (B) a religious seminary, institute, college, or university whose
12 certificates, diplomas, or degrees clearly identify the religious
13 character of the educational program; or
14 (C) operated and supported by a governmental agency; or
15 (2) meets the requirements approved by one (1) of the following
16 boards:
17 (A) Medical licensing board of Indiana.
18 (B) State board of dental examiners.
19 (C) Indiana optometry board.
20 (D) Board of podiatric medicine.
21 (E) State psychology board.
22 (F) Board of chiropractic examiners.
23 (G) Indiana board of veterinary medical examiners. medicine.
24 (H) Indiana board of pharmacy.
25 (I) Indiana state board of nursing.
26 (b) It is an incurable deceptive act for an individual, while soliciting
27 or performing a consumer transaction, to claim to be a:
28 (1) physician unless the individual holds an unlimited license to
29 practice medicine under IC 25-22.5;
30 (2) chiropractic physician unless the individual holds a license as
31 a chiropractor under IC 25-10-1; or
32 (3) podiatric physician unless the individual holds a license as a
33 podiatrist under IC 25-29.
34 (c) The attorney general shall enforce this section in the same
35 manner as any other incurable deceptive act under this chapter.
36 SECTION 5. IC 25-0.5-3-27, AS ADDED BY P.L.3-2014,
37 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2023]: Sec. 27. IC 25-1-2-6(b) applies to the Indiana board of
39 veterinary medical examiners. medicine.
40 SECTION 6. IC 25-0.5-4-33, AS ADDED BY P.L.3-2014,
41 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2023]: Sec. 33. The Indiana board of veterinary medical
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1 examiners medicine (IC 25-38.1-2) is a board under IC 25-1-4.
2 SECTION 7. IC 25-0.5-5-12 IS REPEALED [EFFECTIVE JULY
3 1, 2023]. Sec. 12. The Indiana professional licensing agency shall
4 perform administrative functions, duties, and responsibilities for the
5 Indiana board of veterinary medical examiners (IC 25-38.1-2) under
6 IC 25-1-5-3(a).
7 SECTION 8. IC 25-0.5-6-12, AS ADDED BY P.L.3-2014,
8 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2023]: Sec. 12. An individual licensed, certified, registered,
10 or permitted by the Indiana board of veterinary medical examiners
11 medicine (IC 25-38.1-2) is a provider under IC 25-1-5-10.
12 SECTION 9. IC 25-0.5-8-20, AS ADDED BY P.L.3-2014,
13 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2023]: Sec. 20. An occupation for which a person is licensed,
15 certified, or registered by the Indiana board of veterinary medical
16 examiners medicine (IC 25-38.1) is a regulated occupation under
17 IC 25-1-7.
18 SECTION 10. IC 25-0.5-9-20, AS ADDED BY P.L.3-2014,
19 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2023]: Sec. 20. The Indiana board of veterinary medical
21 examiners medicine (IC 25-38.1-2-1) is a board under IC 25-1-8.
22 SECTION 11. IC 25-0.5-10-33, AS ADDED BY P.L.3-2014,
23 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2023]: Sec. 33. The Indiana board of veterinary medical
25 examiners medicine (IC 25-38.1) is a board under IC 25-1-8-6.
26 SECTION 12. IC 25-0.5-11-12, AS ADDED BY P.L.3-2014,
27 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2023]: Sec. 12. The Indiana board of veterinary medical
29 examiners medicine (IC 25-38.1-2) is a board under IC 25-1-9.
30 SECTION 13. IC 25-1-5-10.5 IS ADDED TO THE INDIANA
31 CODE AS A NEW SECTION TO READ AS FOLLOWS
32 [EFFECTIVE JULY 1, 2023]: Sec. 10.5. The Indiana board of
33 veterinary medicine shall provide the agency with the information
34 necessary to create and maintain a provider profile under section
35 10 of this chapter for each provider (as defined by section 10(a) of
36 this chapter) regulated under IC 25-38.1.
37 SECTION 14. IC 25-1-7-3, AS AMENDED BY P.L.32-2021,
38 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2023]: Sec. 3. (a) Except as provided in subsections (b), and
40 (c), and (d), the division is responsible for the investigation of
41 complaints concerning licensees.
42 (b) The medical licensing board of Indiana shall investigate a
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1 complaint concerning a physician licensed under IC 25-22.5 and a
2 violation specified in IC 25-22.5-2-8. The division shall forward a
3 complaint concerning a physician licensed under IC 25-22.5 and a
4 violation specified in IC 25-22.5-2-8 to the medical licensing board of
5 Indiana for investigation by the board. However, if the complaint
6 includes a violation in addition to a violation specified in
7 IC 25-22.5-2-8, the division shall investigate the complaint in its
8 entirety and notify the medical licensing board of Indiana of the
9 investigation.
10 (c) The state board of cosmetology and barber examiners shall
11 investigate complaints under IC 25-8-14-5, IC 25-8-4-13, IC 25-8-4-29,
12 IC 25-8-9-14, and IC 25-8-15.4-5. The division shall forward a
13 complaint concerning the practice of beauty culture under IC 25-8 to
14 the state board of cosmetology and barber examiners for investigation
15 by the state board of cosmetology and barber examiners. However, if
16 the complaint includes a violation in addition to a violation specified
17 in IC 25-8-14-5, IC 25-8-4-13, IC 25-8-4-29, IC 25-8-9-14, and
18 IC 25-8-15.4-5, the division shall investigate the complaint in its
19 entirety and notify the state board of cosmetology and barber examiners
20 of the investigation.
21 (d) The Indiana board of veterinary medicine and the division
22 shall enter into a memorandum of understanding that establishes
23 a process for sharing information between the division and the
24 Indiana board of veterinary medicine concerning complaints
25 received and the investigation of complaints of violations of
26 IC 25-38.1. The memorandum of understanding shall include,
27 without limitation, a process for providing information to the state
28 veterinarian on behalf of the Indiana board of veterinary medicine,
29 including complaints received, investigations conducted on behalf
30 of the Indiana board of veterinary medicine, and case dispositions.
31 SECTION 15. IC 25-1-7-5, AS AMENDED BY P.L.227-2015,
32 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2023]: Sec. 5. (a) Subsection (b)(1) does not apply to:
34 (1) a complaint filed by:
35 (A) a member of any of the entities described in IC 25-0.5-8;
36 or
37 (B) the Indiana professional licensing agency; or
38 (2) a complaint filed under IC 25-1-5-4.
39 (b) Except as provided in section 3(b), or 3(c), or 3(d) of this
40 chapter, the director has the following duties and powers:
41 (1) The director shall make an initial determination as to the merit
42 of each complaint. A copy of a complaint having merit shall be
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1 submitted to the board having jurisdiction over the licensee's
2 regulated occupation, that board thereby acquiring jurisdiction
3 over the matter except as otherwise provided in this chapter.
4 (2) The director shall through any reasonable means notify the
5 licensee of the nature and ramifications of the complaint and of
6 the duty of the board to attempt to resolve the complaint through
7 negotiation.
8 (3) The director shall report any pertinent information regarding
9 the status of the complaint to the complainant.
10 (4) The director may investigate any written complaint against a
11 licensee. The investigation shall be limited to those areas in which
12 there appears to be a violation of statutes governing the regulated
13 occupation.
14 (5) The director has the power to subpoena witnesses and to send
15 for and compel the production of books, records, papers, and
16 documents for the furtherance of any investigation under this
17 chapter. The circuit or superior court located in the county where
18 the subpoena is to be issued shall enforce any such subpoena by
19 the director.
20 SECTION 16. IC 25-38.1-1-4 IS REPEALED [EFFECTIVE JULY
21 1, 2023]. Sec. 4. "Agency" refers to the Indiana professional licensing
22 agency established by IC 25-1-5-3.
23 SECTION 17. IC 25-38.1-1-7, AS ADDED BY P.L.2-2008,
24 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2023]: Sec. 7. "Board" means the Indiana board of veterinary
26 medical examiners medicine established by IC 25-38.1-2-1.
27 SECTION 18. IC 25-38.1-1-13.4 IS ADDED TO THE INDIANA
28 CODE AS A NEW SECTION TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2023]: Sec. 13.4. "State board" refers to the
30 Indiana state board of animal health established by IC 15-17-3-1.
31 SECTION 19. IC 25-38.1-2-1, AS AMENDED BY P.L.249-2019,
32 SECTION 137, IS AMENDED TO READ AS FOLLOWS
33 [EFFECTIVE JULY 1, 2023]: Sec. 1. (a) The Indiana board of
34 veterinary medical examiners medicine is established.
35 (b) Subject to IC 25-1-6.5-3, the board consists of seven (7)
36 members appointed by the governor.
37 (c) One (1) of the board members must be a registered veterinary
38 technician.
39 (d) One (1) of the board members must be appointed to represent
40 the general public.
41 (e) Not more than four (4) board members may be affiliated with the
42 same political party.
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1 (f) A board member may be removed under IC 25-1-6.5-4.
2 SECTION 20. IC 25-38.1-2-5, AS ADDED BY P.L.2-2008,
3 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2023]: Sec. 5. (a) The board shall hold an annual meeting in
5 Indianapolis and other regular meetings during the year at places the
6 board sets.
7 (b) The board may hold special meetings as necessary. The
8 chairperson or two (2) members of the board may call a special
9 meeting.
10 (c) Four (4) members of the board constitute a quorum.
11 (d) All meetings must be open and public. However, the board may
12 meet in closed session:
13 (1) to prepare, approve, administer, or grade examinations;
14 (2) to deliberate the qualifications of an applicant for license or
15 registration; or
16 (3) to deliberate the disposition of a proceeding to discipline a
17 licensed veterinarian or registered veterinary technician.
18 (e) Minutes of each regular and special meeting shall be compiled
19 and kept as a permanent record in the same office as other records of
20 the board are kept. The agency board is responsible for the care and
21 safekeeping of the minutes.
22 SECTION 21. IC 25-38.1-2-7, AS AMENDED BY P.L.58-2008,
23 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2023]: Sec. 7. (a) At its annual meeting, the board shall elect
25 a chairperson and vice chairperson and other necessary officers
26 determined by the board. Officers shall serve for a term of one (1) year
27 or until a successor is elected. There is no limitation on the number of
28 terms an officer may serve.
29 (b) The state veterinarian shall be the chief administrative officer
30 of and technical adviser of to the board.
31 (c) The duties of the agency state veterinarian are the duties the
32 board delegates to the state veterinarian and include:
33 (1) corresponding for the board;
34 (2) keeping accounts and records of all receipts and
35 disbursements by the board;
36 (3) keeping records of all applications for license or registration;
37 (4) keeping a register of all persons currently licensed or
38 registered by the board;
39 (5) keeping permanent records of all board proceedings; and
40 (6) administering the veterinary investigative fund established by
41 section 25 of this chapter;
42 (6) performing any other administrative function of the board
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1 delegated by the board.
2 SECTION 22. IC 25-38.1-2-14.5 IS ADDED TO THE INDIANA
3 CODE AS A NEW SECTION TO READ AS FOLLOWS
4 [EFFECTIVE JULY 1, 2023]: Sec. 14.5. If the board determines that
5 an emergency presents a risk to the delivery of competent, honest,
6 and principled veterinary services in Indiana as described in
7 IC 15-17.5-2-4, the board may adopt emergency rules in the
8 manner provided under IC 4-22-2-37.1 that:
9 (1) suspend or modify licensing, examination, continuing
10 education, or permit requirements under this article; or
11 (2) implement measures that safeguard the health, safety, and
12 welfare of the citizens and animals of Indiana.
13 SECTION 23. IC 25-38.1-2-15, AS ADDED BY P.L.2-2008,
14 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2023]: Sec. 15. (a) Subject to IC 25-1-7, the board may
16 conduct investigations for the purpose of discovering violations of this
17 article by:
18 (1) licensed veterinarians or registered veterinary technicians; or
19 (2) persons practicing veterinary medicine without a license or
20 persons practicing as a registered veterinary technician without
21 being registered.
22 (b) The board, and the state veterinarian if authorized by the
23 board, has the power to subpoena witnesses and to send for and
24 compel the production of books, records, papers, and documents
25 for the furtherance of any investigation under this chapter. The
26 circuit or superior court located in the county where the subpoena
27 is to be issued shall enforce the subpoena.
28 SECTION 24. IC 25-38.1-2-19, AS AMENDED BY P.L.58-2008,
29 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2023]: Sec. 19. (a) The board shall establish by rule under
31 IC 25-1-8 fees sufficient to implement this article, including fees for
32 examining and licensing veterinarians and for examining and
33 registering veterinary technicians.
34 (b) In addition to the fee to issue or renew a license, registration, or
35 permit, the board may establish a fee of not more than ten dollars ($10)
36 per year for a person who holds a license or special permit as a
37 veterinarian or a registration or special permit as a veterinary
38 technician to provide funds for administering and enforcing the
39 provisions of this article, including investigating and taking action
40 against persons who violate this article. All funds collected under this
41 subsection shall be deposited in the veterinary investigative medicine
42 fund established by section 25 of this chapter.
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1 (c) The fees established under this section shall be charged and
2 collected by the agency. state board.
3 SECTION 25. IC 25-38.1-2-22, AS ADDED BY P.L.2-2008,
4 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2023]: Sec. 22. The agency state board shall provide the
6 board with full full-time or part-time professional and clerical
7 personnel and supplies, including printed matter and equipment,
8 necessary to implement this article.
9 SECTION 26. IC 25-38.1-2-25, AS ADDED BY P.L.58-2008,
10 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2023]: Sec. 25. (a) The veterinary investigative medicine fund
12 is established to provide funds for administering and enforcing the
13 provisions of this article, including investigating and taking
14 enforcement action against violators of this article. The fund shall be
15 administered by the agency. state board for the board.
16 (b) The expenses of administering the fund shall be paid from the
17 money in the fund. The fund consists of money from the fee imposed
18 under section 19(b) of this chapter.
19 (c) The treasurer of state shall invest the money in the fund not
20 currently needed to meet the obligations of the fund in the same
21 manner as other public money may be invested.
22 (d) Money in the fund at the end of a state fiscal year does not revert
23 to the state general fund. However, if the total amount in the fund
24 exceeds seven hundred fifty thousand dollars ($750,000) at the end of
25 a state fiscal year after payment of all claims and expenses, the amount
26 that exceeds seven hundred fifty thousand dollars ($750,000) reverts
27 to the state general fund.
28 (e) Money in the fund is continually appropriated to the agency
29 state board for its use in administering and enforcing this article,
30 conducting investigations, and taking enforcement action against
31 persons violating this article.
32 (f) The attorney general, and the agency board, and the state
33 board may enter into a memorandum of understanding to provide the
34 attorney general with funds to conduct investigations and pursue
35 enforcement action against violators of this article.
36 (g) The attorney general and the agency state board shall present
37 the memorandum of understanding annually to the board for review.
38 SECTION 27. IC 25-38.1-2-26 IS ADDED TO THE INDIANA
39 CODE AS A NEW SECTION TO READ AS FOLLOWS
40 [EFFECTIVE JULY 1, 2023]: Sec. 26. (a) Any reference in a law,
41 rule, license, permit, registration, certification, order, agreement,
42 or other document to or by the Indiana board of veterinary
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1 medical examiners shall be treated after June 30, 2023, as a
2 reference to the board.
3 (b) Any rules adopted by the Indiana board of veterinary
4 medical examiners before July 1, 2023, are considered, after June
5 30, 2023, rules of the board.
6 SECTION 28. IC 25-38.1-3-4, AS AMENDED BY P.L.58-2008,
7 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2023]: Sec. 4. (a) The board shall hold at least one (1)
9 examination for licensing veterinarians and one (1) examination for
10 registering veterinary technicians each year. However, the board may
11 hold additional examinations. The agency board shall give notice of
12 the date, time, and place for each examination at least ninety (90) days
13 before the date set for the examination. A person desiring to take an
14 examination must make application not later than the time the board
15 prescribes under IC 25-38.1-2-12.
16 (b) The board must approve the preparation, administration, and
17 grading of examinations that comply with the following requirements:
18 (1) Examinations for licensure to practice as a veterinarian must
19 be designed to test the examinee's knowledge of and proficiency
20 in the subjects and techniques commonly taught in veterinary
21 schools. To pass the examination, the examinee must demonstrate
22 scientific and practical knowledge sufficient to prove to the board
23 that the examinee is competent to practice veterinary medicine.
24 The board may adopt and use examinations approved by the
25 National Board of Veterinary Medical Examiners for licensure to
26 practice veterinary medicine.
27 (2) Examinations for registration as a registered veterinary
28 technician must be designed to test the examinee's knowledge of
29 and proficiency in the subjects and techniques commonly taught
30 in schools for veterinary technicians. To pass the examination, the
31 examinee must demonstrate scientific and practical knowledge
32 sufficient to prove to the board that the examinee is competent to
33 act as a registered veterinary technician. The board may adopt and
34 use examinations approved by the American Association of
35 Veterinary State Boards for registration as a veterinary technician.
36 (c) To qualify for a license as a veterinarian or to be registered as a
37 veterinary technician, the applicant must attain a passing score in the
38 examinations.
39 (d) After the examinations, the agency board shall notify each
40 examinee of the result of the examinee's examinations. The board shall
41 issue a license or registration certificate, as appropriate, to each
42 individual who successfully completes the examinations and is
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1 otherwise qualified. The agency board shall keep a permanent record
2 of the issuance of each license or registration certificate.
3 (e) An individual who fails to pass the required examinations may
4 apply to take a subsequent examination. Payment of the examination
5 fee may not be waived.
6 (f) If an applicant fails to pass the required examination within three
7 (3) attempts in Indiana or any other state, the applicant may not retake
8 the required examination. The applicant may take subsequent
9 examinations upon approval by the board and completion of remedial
10 education as required by the board.
11 SECTION 29. IC 25-38.1-3-11, AS AMENDED BY P.L.177-2015,
12 SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2023]: Sec. 11. (a) Subject to IC 25-1-2-6(e), a license issued
14 under this chapter is valid until the next renewal date described under
15 subsection (b).
16 (b) All licenses expire on a date set by the agency board in each
17 odd-numbered year but may be renewed by application to the board
18 and payment of the proper renewal fee. In accordance with
19 IC 25-1-5-4(c), the agency board shall mail a notice ninety (90) days
20 before the expiration to each licensed veterinarian. The agency board
21 shall issue a license renewal to each individual licensed under this
22 chapter if the proper fee has been received and all other requirements
23 for renewal of the license have been satisfied. Failure to renew a
24 license on or before the expiration date automatically renders the
25 license invalid without any action by the board.
26 SECTION 30. IC 25-38.1-3-12, AS AMENDED BY P.L.177-2015,
27 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2023]: Sec. 12. (a) Subject to IC 25-1-2-6(e), a registration
29 certificate issued under this chapter is valid until the next renewal date
30 described under subsection (b).
31 (b) Subject to IC 25-1-2-6(e), all registration certificates expire on
32 a date set by the agency board of each even-numbered year but may be
33 renewed by application to the board and payment of the proper renewal
34 fee. In accordance with IC 25-1-5-4(c), the agency board shall mail a
35 notice ninety (90) days before the expiration to each registered
36 veterinary technician. The agency board shall issue a registration
37 certificate renewal to each individual registered under this chapter if
38 the proper fee has been received and all other requirements for renewal
39 of the registration certificate have been satisfied. Failure to renew a
40 registration certificate on or before the expiration date automatically
41 renders the license invalid without any action by the board.
42 SECTION 31. IC 25-38.1-5-5, AS ADDED BY P.L.58-2008,
SB 177—LS 6749/DI 77 13
1 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2023]: Sec. 5. (a) The impaired veterinary health care
3 provider fund is established to provide money for rehabilitation of
4 impaired veterinary health care providers under this chapter. The
5 agency state board shall administer the fund for the board.
6 (b) Expenses of administering the fund shall be paid from money in
7 the fund. The fund consists of any grants or public and private financial
8 assistance designated for the fund.
9 (c) The treasurer of state shall invest the money in the fund not
10 currently needed to meet the obligations of the fund in the same
11 manner as other public money may be invested.
12 (d) Money in the fund at the end of a state fiscal year does not revert
13 to the state general fund.
14 (e) Money in the fund is appropriated to the board for the purpose
15 stated in subsection (a).
16 SECTION 32. IC 35-48-3-2, AS AMENDED BY P.L.84-2010,
17 SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2023]: Sec. 2. (a) Any humane society, animal control agency,
19 or governmental entity operating an animal shelter or other animal
20 impounding facility is entitled to receive a limited permit only for the
21 purpose of buying, possessing, and using:
22 (1) sodium pentobarbital to euthanize injured, sick, homeless, or
23 unwanted domestic pets and animals;
24 (2) ketamine and ketamine products to anesthetize or immobilize
25 fractious domestic pets and animals; and
26 (3) a combination product containing tiletimine and zolazepam as
27 an agent for the remote chemical capture of domestic pets or
28 animals that otherwise cannot be restrained or captured.
29 (b) A humane society, animal control agency, or governmental
30 entity entitled to receive a permit under this chapter must:
31 (1) apply to the board according to the rules established by the
32 board;
33 (2) pay annually to the board a fee set by the board for the limited
34 permit; and
35 (3) submit proof, as determined by the board, that the employees
36 of an applicant who will handle a controlled substance are
37 sufficiently trained to use and administer the controlled substance.
38 (c) All fees collected by the board under this section shall be
39 credited to the state board of pharmacy account.
40 (d) Storage, handling, and use of controlled substances obtained
41 according to this section are subject to the rules adopted by the board.
42 (e) Before issuing a permit under this section, the board may consult
SB 177—LS 6749/DI 77 14
1 with the Indiana board of veterinary medical examiners. medicine.
2 SECTION 33. IC 35-48-3-4, AS AMENDED BY P.L.84-2010,
3 SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2023]: Sec. 4. (a) The board shall register an applicant to
5 manufacture or distribute controlled substances unless it determines
6 that the issuance of that registration would be inconsistent with the
7 public interest. In determining the public interest, the board shall
8 consider:
9 (1) maintenance of effective controls against diversion of
10 controlled substances into other than legitimate medical,
11 scientific, or industrial channels;
12 (2) compliance with applicable state and local law;
13 (3) any convictions of the applicant under any federal and state
14 laws relating to any controlled substance;
15 (4) past experience in the manufacture or distribution of
16 controlled substances, and the existence in the applicant's
17 establishment of effective controls against diversion;
18 (5) furnishing by the applicant of false or fraudulent material in
19 any application filed under this article;
20 (6) suspension or revocation of the applicant's federal registration
21 to manufacture, distribute, or dispense controlled substances as
22 authorized by federal law; and
23 (7) any other factors relevant to and consistent with the public
24 health and safety.
25 (b) Registration under subsection (a) of this section does not entitle
26 a registrant to manufacture and distribute controlled substances in
27 schedules I or II other than those specified in the registration.
28 (c) Practitioners must be registered to dispense any controlled
29 substances or to conduct research with controlled substances in
30 schedules II through V if they are authorized to dispense or conduct
31 research under the law of this state. The board need not require
32 separate registration under this chapter for practitioners engaging in
33 research with nonnarcotic controlled substances in schedules II through
34 V where the registrant is already registered under this chapter in
35 another capacity, to the extent authorized by his the registrant's
36 registration in that other capacity.
37 (d) Registration to conduct research or instructional activities with
38 controlled substances in schedules I through V does not entitle a
39 registrant to conduct research or instructional activities with controlled
40 substances other than those approved by the board in accordance with
41 the registration.
42 (e) The board may consult with the Indiana board of veterinary
SB 177—LS 6749/DI 77 15
1 medical examiners medicine before issuing a registration to a person:
2 (1) who seeks to conduct research or instructional activities with
3 controlled substances in schedules I through IV; and
4 (2) whose activities constitute the practice of veterinary medicine
5 (as defined by IC 25-38.1-1-12).
6 (f) Compliance by manufacturers and distributors with the
7 provisions of the federal law respecting registration (excluding fees)
8 entitles them to be registered under this article.
SB 177—LS 6749/DI 77 16
COMMITTEE REPORT
Madam President: The Senate Committee on Agriculture, to which
was referred Senate Bill No. 177, has had the same under consideration
and begs leave to report the same back to the Senate with the
recommendation that said bill DO PASS and be reassigned to the
Senate Committee on Appropriations.
(Reference is to SB 177 as introduced.)
LEISING, Chairperson
Committee Vote: Yeas 7, Nays 0
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Appropriations, to
which was referred Senate Bill No. 177, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Replace the effective dates in SECTIONS 1 through 33 with
"[EFFECTIVE JULY 1, 2023]".
Page 6, delete lines 21 through 33, begin a new paragraph and
insert:
"(d) The Indiana board of veterinary medicine and the division
shall enter into a memorandum of understanding that establishes
a process for sharing information between the division and the
Indiana board of veterinary medicine concerning complaints
received and the investigation of complaints of violations of
IC 25-38.1. The memorandum of understanding shall include,
without limitation, a process for providing information to the state
veterinarian on behalf of the Indiana board of veterinary medicine,
including complaints received, investigations conducted on behalf
of the Indiana board of veterinary medicine, and case
dispositions.".
Page 10, line 1, reset in roman "All funds collected under this".
Page 10, reset in roman lines 2 through 3.
Page 10, line 2, strike "investigative" and insert "medicine".
Page 10, delete lines 6 through 8.
Page 10, line 11, delete "(a)".
Page 10, delete lines 15 through 17.
Page 10, line 26, delete "appropriations by the".
SB 177—LS 6749/DI 77 17
Page 10, line 27, delete "general assembly and".
Page 10, line 27, reset in roman "the fee".
Page 10, line 27, delete "fees".
Page 10, line 27, reset in roman "section".
Page 10, line 28, reset in roman "19(b) of".
Page 10, line 31, delete "Interest that accrues".
Page 10, line 32, delete "from these investments shall be deposited
in the fund.".
Page 11, line 12, delete "2022," and insert "2023,".
Page 11, line 15, delete "2022," and insert "2023,".
Page 11, line 16, delete "2022," and insert "2023,".
and when so amended that said bill do pass.
(Reference is to SB 177 as printed January 12, 2022.)
MISHLER, Chairperson
Committee Vote: Yeas 10, Nays 0.
SB 177—LS 6749/DI 77