Indiana 2023 Regular Session

Indiana House Bill HB1179 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HB1179.2
2		-	Reprinted
3		-	February 15, 2023
	1	+	HB1179.1
	2	+	February 9, 2023
4	3		HOUSE BILL No. 1179
5	4		_____
6		-	DIGEST OF HB 1179 (Updated February 14, 2023 2:14 pm - DI 92)
7		-	Citations Affected: IC 5-14; IC 25-1; IC 25-~~4; IC 25-~~13; IC 25-14;
8		-	~~IC 25-14.5;~~ IC 25-20; IC 25-23; IC 25-24; IC 25-26.
	5	+	DIGEST OF HB 1179 (Updated February 7, 2023 1:58 pm - DI 87)
	6	+	Citations Affected: IC 5-14; IC 25-1; IC 25-13; IC 25-14; IC 25-14.5;
	7	+	IC 25-20; IC 25-23; IC 25-24; IC 25-26.
9	8		Synopsis: Professional licensing. Allows a state agency to adopt a
10	9		policy governing electronic meetings conducted by a board or
11	10		committee of the agency, if the board or committee has not adopted a
12	11		policy. Allows the reinstatement of a professional license that was
13	12		retired, inactive, or surrendered (inactive) if the applicant meets the
14	13		requirements for a delinquent or lapsed license. Provides that
15	14		provisions regarding reinstatement of a retired license do not apply if
16	15		the license was retired while a complaint or investigation regarding
17	16		professional conduct was pending. Provides that the reinstatement law
18	17		applies to all licenses that were inactive for more than three years.
19	18		Requires, for purposes of the license reinstatement law, that each board
20	19		make available a list of standards that require a personal appearance
21	20		before the board. Requires a provider of a continuing education course
22		-	(Continued next page)
23		-	Effective: July 1, 2023.
24		-	Clere, Miller D, Zent, Fleming
25		-	January 10, 2023, read first time and referred to Committee on Government and Regulatory
26		-	Reform.
27		-	February 9, 2023, amended, reported — Do Pass.
28		-	February 14, 2023, read second time, amended, ordered engrossed.
29		-	HB 1179—LS 7455/DI 77 Digest Continued
30	21		to: (1) obtain approval of the course from the licensing board; and (2)
31	22		provide the licensing board or agency with a certificate showing that a
32	23		practitioner completed a course. Eliminates random continuing
33	24		education audits of practitioners. Adds certain nonhealth professions
34	25		to the professions that an out-of-state applicant may use to apply for
35	26		license under the general reciprocity law. Provides that if a board does
36	27		not act on an application within one year for an applicant who holds a
37	28		provisional license or provisional certificate under the reciprocity law,
38	29		the professional licensing agency shall issue the applicant a license or
39	30		certificate. Allows the use of certain titles by an individual who is
40	31		enrolled in or has graduated from a school of architecture or an
41	32		accredited curriculum of landscape architecture.
42		-	HB 1179—LS 7455/DI 77HB 1179—LS 7455/DI 77 Reprinted
43		-	February 15, 2023
	33	+	Effective: July 1, 2023.
	34	+	Clere, Miller D, Zent, Fleming
	35	+	January 10, 2023, read first time and referred to Committee on Government and Regulatory
	36	+	Reform.
	37	+	February 9, 2023, amended, reported — Do Pass.
	38	+	HB 1179—LS 7455/DI 77 February 9, 2023
44	39		First Regular Session of the 123rd General Assembly (2023)
45	40		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
46	41		Constitution) is being amended, the text of the existing provision will appear in this style type,
47	42		additions will appear in this style type, and deletions will appear in this style type.
48	43		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
49	44		provision adopted), the text of the new provision will appear in this style type. Also, the
50	45		word NEW will appear in that style type in the introductory clause of each SECTION that adds
51	46		a new provision to the Indiana Code or the Indiana Constitution.
52	47		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
53	48		between statutes enacted by the 2022 Regular Session of the General Assembly.
54	49		HOUSE BILL No. 1179
55	50		A BILL FOR AN ACT to amend the Indiana Code concerning
56	51		professions and occupations.
57	52		Be it enacted by the General Assembly of the State of Indiana:
58	53		1 SECTION 1. IC 5-14-1.5-3.6, AS AMENDED BY P.L.124-2022,
59	54		2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
60	55		3 JULY 1, 2023]: Sec. 3.6. (a) This section applies only to a governing
61	56		4 body of the following:
62	57		5 (1) A charter school.
63	58		6 (2) A public agency of the state, including a body corporate and
64	59		7 politic established as an instrumentality of the state.
65	60		8 (3) An airport authority or a department of aviation under IC 8-22.
66	61		9 (4) A conservancy district under IC 14-33.
67	62		10 (b) A member of a governing body who is not physically present at
68	63		11 a meeting of the governing body may participate in a meeting of the
69	64		12 governing body by electronic communication only if the member uses
70	65		13 a means of communication that permits:
71	66		14 (1) the member;
72	67		15 (2) all other members participating in the meeting;
73	68		16 (3) all members of the public physically present at the place
74	69		17 where the meeting is conducted; and
75	70		HB 1179—LS 7455/DI 77 2
76	71		1 (4) if the meeting is conducted under a policy adopted under
77	72		2 subsection (g)(7), all members of the public physically present at
78	73		3 a public location at which a member participates by means of
79	74		4 electronic communication;
80	75		5 to simultaneously communicate with each other during the meeting.
81	76		6 (c) The governing body must fulfill both of the following
82	77		7 requirements for a member of the governing body to participate in a
83	78		8 meeting by electronic communication:
84	79		9 (1) This subdivision does not apply to committees appointed by
85	80		10 a board of trustees of a state educational institution, by the
86	81		11 commission for higher education, by the board of the Indiana
87	82		12 economic development corporation, or by the board of directors
88	83		13 of the Indiana secondary market for education loans, as
89	84		14 established, incorporated, and designated under IC 21-16-5-1.
90	85		15 This subdivision does not apply to a governing body if at least
91	86		16 fifty-one percent (51%) of the governing body membership
92	87		17 consists of individuals with a disability (as described in
93	88		18 IC 12-12-8-3.4) or individuals with a significant disability (as
94	89		19 described in IC 12-12-8-3.6), or both. The minimum number of
95	90		20 members who must be physically present at the place where the
96	91		21 meeting is conducted must be the greater of:
97	92		22 (A) two (2) of the members; or
98	93		23 (B) one-third (1/3) of the members.
99	94		24 (2) All votes of the governing body during the electronic meeting
100	95		25 must be taken by roll call vote.
101	96		26 Nothing in this section affects the public's right under this chapter to
102	97		27 attend a meeting of the governing body at the place where the meeting
103	98		28 is conducted and the minimum number of members is physically
104	99		29 present as provided for in subdivision (1).
105	100		30 (d) Each member of the governing body is required to physically
106	101		31 attend at least one (1) meeting of the governing body annually. This
107	102		32 subsection does not apply to a governing body if at least fifty-one
108	103		33 percent (51%) of the governing body membership consists of
109	104		34 individuals with a disability (as described in IC 12-12-8-3.4) or
110	105		35 individuals with a significant disability (as described in
111	106		36 IC 12-12-8-3.6), or both.
112	107		37 (e) Unless a policy adopted by a governing body under subsection
113	108		38 (g) provides otherwise, a member who participates in a meeting by
114	109		39 electronic communication:
115	110		40 (1) is considered to be present at the meeting;
116	111		41 (2) shall be counted for purposes of establishing a quorum; and
117	112		42 (3) may vote at the meeting.
118	113		HB 1179—LS 7455/DI 77 3
119	114		1 (f) A governing body may not conduct meetings using a means of
120		-	2 electronic communication until the governing body: following ~~occur~~:
	115	+	2 electronic communication until the governing body: following:
121	116		3 (1) The governing body meets all requirements of this chapter.
122	117		4 and
123	118		5 (2) The governing body, by a favorable vote of a majority of the
124	119		6 members of the governing body, adopts a policy under subsection
125	120		7 (g) governing participation in meetings of the governing body by
126	121		8 electronic communication.
127	122		9 (3) This subdivision only applies to a governing body of a state
128		-	10 agency that:
129		-	11 (A) is a board, committee, commission, council, or other
130		-	12 ~~body~~ that is subordinate to the primary executive
131		-	13 ~~governing~~ body of the state agency; and
	123	+	10 agency that is:
	124	+	11 (A) a board, committee, commission, council, or other body
	125	+	12 that is subordinate to the primary executive governing
	126	+	13 body of the state agency; and
132	127		14 (B) has not adopted a policy under subsection (g).
133	128		15 The primary governing body of the agency may adopt a policy
134	129		16 under subsection (g) governing participation by electronic
135	130		17 communication in meetings of the subordinate governing
136	131		18 body by a favorable vote of a majority of the members of the
137	132		19 primary governing body. Nothing in this subdivision prohibits
138	133		20 the subordinate governing body, by a favorable vote of a
139	134		21 majority of the members of the subordinate governing body,
140	135		22 from subsequently amending the policy adopted by the
141	136		23 primary governing body.
142	137		24 (g) A policy adopted by a governing body to govern participation in
143	138		25 the governing body's meetings by electronic communication may do
144	139		26 any of the following:
145	140		27 (1) Require a member to request authorization to participate in a
146	141		28 meeting of the governing body by electronic communication
147	142		29 within a certain number of days before the meeting to allow for
148	143		30 arrangements to be made for the member's participation by
149	144		31 electronic communication.
150	145		32 (2) Subject to subsection (e), limit the number of members who
151	146		33 may participate in any one (1) meeting by electronic
152	147		34 communication.
153	148		35 (3) Limit the total number of meetings that the governing body
154	149		36 may conduct in a calendar year by electronic communication.
155	150		37 (4) Limit the number of meetings in a calendar year in which any
156	151		38 one (1) member of the governing body may participate by
157	152		39 electronic communication.
158	153		40 (5) Provide that a member who participates in a meeting by
159	154		41 electronic communication may not cast the deciding vote on any
160	155		42 official action. For purposes of this subdivision, a member casts
161	156		HB 1179—LS 7455/DI 77 4
162	157		1 the deciding vote on an official action if, regardless of the order
163	158		2 in which the votes are cast:
164	159		3 (A) the member votes with the majority; and
165	160		4 (B) the official action is adopted or defeated by one (1) vote.
166	161		5 (6) Require a member participating in a meeting by electronic
167	162		6 communication to confirm in writing the votes cast by the
168	163		7 member during the meeting within a certain number of days after
169	164		8 the date of the meeting.
170	165		9 (7) Provide that in addition to the location where a meeting is
171	166		10 conducted, the public may also attend some or all meetings of the
172	167		11 governing body, excluding executive sessions, at a public place
173	168		12 or public places at which a member is physically present and
174	169		13 participates by electronic communication. If the governing body's
175	170		14 policy includes this provision, a meeting notice must provide the
176	171		15 following information:
177	172		16 (A) The identity of each member who will be physically
178	173		17 present at a public place and participate in the meeting by
179	174		18 electronic communication.
180	175		19 (B) The address and telephone number of each public place
181	176		20 where a member will be physically present and participate by
182	177		21 electronic communication.
183	178		22 (C) Unless the meeting is an executive session, a statement
184	179		23 that a location described in clause (B) will be open and
185	180		24 accessible to the public.
186	181		25 (8) Require at least a quorum of members to be physically present
187	182		26 at the location where the meeting is conducted.
188	183		27 (9) Provide that a member participating by electronic
189	184		28 communication may vote on official action only if, subject to
190	185		29 subsection (e), a specified number of members:
191	186		30 (A) are physically present at the location where the meeting is
192	187		31 conducted; and
193	188		32 (B) concur in the official action.
194	189		33 (10) Establish any other procedures, limitations, or conditions that
195	190		34 govern participation in meetings of the governing body by
196	191		35 electronic communication and are not in conflict with this
197	192		36 chapter.
198	193		37 (h) The policy adopted by the governing body must be posted on the
199	194		38 Internet web site website of the governing body, the charter school, the
200	195		39 airport, the conservancy district, or the public agency.
201	196		40 (i) Nothing in this section affects a public agency's or charter
202	197		41 school's right to exclude the public from an executive session in which
203	198		42 a member participates by electronic communication.
204	199		HB 1179—LS 7455/DI 77 5
205	200		1 SECTION 2. IC 25-1-4-3, AS AMENDED BY P.L.168-2016,
206	201		2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
207	202		3 JULY 1, 2023]: Sec. 3. (a) Notwithstanding any other law, a board that
208	203		4 is specifically authorized or mandated to require continuing education
209	204		5 as a condition to renew a registration, certification, or license must
210	205		6 require a practitioner to comply with the following renewal
211	206		7 requirements: the following:
212	207		8 (1) The practitioner shall provide the board with a sworn
213	208		9 statement executed by the practitioner that the practitioner has
214	209		10 fulfilled the continuing education requirements required by the
215	210		11 board, after which the board will forward the sworn statement to
216	211		12 the agency (established by IC 25-1-5-3).
217	212		13 (1) All providers of continuing education courses to obtain
218	213		14 board approval for the course before providing a continuing
219	214		15 education course.
220	215		16 (2) Not later than thirty (30) days after the date a continuing
221	216		17 education course is provided to a practitioner, the continuing
222	217		18 education provider shall provide the board or agency
223	218		19 (established by IC 25-1-5-3) with copies of certificates of
224	219		20 completion for the practitioner in the form and manner
225	220		21 established by the agency.
226	221		22 (2) (3) The practitioner continuing education provider shall
227	222		23 retain copies of certificates of completion for continuing
228	223		24 education courses for three (3) years from the end of the licensing
229	224		25 period for which the continuing education applied. The
230	225		26 practitioner continuing education provider shall provide the
231	226		27 board or agency (established by IC 25-1-5-3) with copies of the
232	227		28 certificates of completion upon the board's or agency's request. for
233	228		29 a compliance audit.
234	229		30 (b) This subsection does not apply to an individual licensed under
235	230		31 IC 25-34.1. Following every license renewal period, the agency with
236	231		32 consultation from the board may randomly audit for compliance more
237	232		33 than one percent (1%) but less than ten percent (10%) of the
238	233		34 practitioners required to take continuing education courses.
239	234		35 (c) This subsection applies only to individuals licensed under
240	235		36 IC 25-34.1. Following every license renewal period for a broker's
241	236		37 license issued under IC 25-34.1, the agency in consultation with the
242	237		38 board may randomly audit for compliance more than one percent (1%)
243	238		39 but less than ten percent (10%) of the practitioners required to take
244	239		40 continuing education courses.
245	240		41 SECTION 3. IC 25-1-4-5, AS AMENDED BY P.L.177-2009,
246	241		42 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
247	242		HB 1179—LS 7455/DI 77 6
248	243		1 JULY 1, 2023]: Sec. 5. (a) Notwithstanding any other law, if the board
249	244		2 determines that a practitioner has not complied with this chapter or
250	245		3 IC 25-1-8-6 at the time that the practitioner applies for license renewal
251	246		4 or reinstatement or after an audit conducted under section 3 of this
252	247		5 chapter, the board shall do the following:
253	248		6 (1) Send the practitioner notice of noncompliance by certified
254	249		7 mail to the practitioner's last known address.
255	250		8 (2) As a condition of license renewal or reinstatement, require the
256	251		9 practitioner to comply with subsection (b).
257	252		10 (3) For license renewal, issue a conditional license to the
258	253		11 practitioner that is effective until the practitioner complies with
259	254		12 subsection (b).
260	255		13 (b) Upon service of a notice of noncompliance under subsection (a),
261	256		14 a practitioner shall do either of the following:
262	257		15 (1) If the practitioner believes that the practitioner has complied
263	258		16 with this chapter or IC 25-1-8-6, if applicable, within twenty-one
264	259		17 (21) days of service of the notice, send written notice to the board
265	260		18 requesting a review so that the practitioner may submit proof of
266	261		19 compliance.
267	262		20 (2) If the practitioner does not disagree with the board's
268	263		21 determination of noncompliance, do the following:
269	264		22 (A) Except as provided in subsection (d), pay to the board a
270	265		23 civil penalty not to exceed one thousand dollars ($1,000)
271	266		24 within twenty-one (21) days of service of the notice.
272	267		25 (B) Acquire, within six (6) months after service of the notice,
273	268		26 the number of credit hours needed to achieve full compliance.
274	269		27 (C) Comply with all other provisions of this chapter.
275	270		28 (c) If a practitioner fails to comply with subsection (b), the board
276	271		29 shall immediately suspend or refuse to reinstate the license of the
277	272		30 practitioner and send notice of the suspension or refusal to the
278	273		31 practitioner by certified mail.
279	274		32 (d) If the board determines that a practitioner has knowingly or
280	275		33 intentionally made a false or misleading statement to the board
281	276		34 concerning compliance with the continuing education requirements, in
282	277		35 addition to the requirements under this section the board may impose
283	278		36 a civil penalty of not more than five thousand dollars ($5,000) under
284	279		37 subsection (b)(2)(A).
285	280		38 (e) The board shall:
286	281		39 (1) reinstate a practitioner's license; or
287	282		40 (2) renew the practitioner's license in place of the conditional
288	283		41 license issued under subsection (a)(3);
289	284		42 if the practitioner supplies proof of compliance with this chapter under
290	285		HB 1179—LS 7455/DI 77 7
291	286		1 subsection (b)(1) or IC 25-1-8-6, if applicable.
292	287		2 SECTION 4. IC 25-1-4-6, AS AMENDED BY P.L.197-2007,
293	288		3 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
294	289		4 JULY 1, 2023]: Sec. 6. (a) Notwithstanding any other law, if at the time
295	290		5 a practitioner applies for license renewal or reinstatement or after an
296	291		6 audit conducted under section 3 of this chapter, the board determines
297	292		7 that the practitioner has failed to comply with this chapter or
298	293		8 IC 25-1-8-6, if applicable, and the practitioner has previously received
299	294		9 a notice of noncompliance under section 5(a) of this chapter during the
300	295		10 preceding license period, the board shall do the following:
301	296		11 (1) Provide the practitioner notice of noncompliance by certified
302	297		12 mail.
303	298		13 (2) Deny the practitioner's application for license renewal or
304	299		14 reinstatement.
305	300		15 (b) The board shall reinstate a license not renewed under subsection
306	301		16 (a) upon occurrence of the following:
307	302		17 (1) Payment by a practitioner to the board of a civil penalty
308	303		18 determined by the board, but not to exceed one thousand dollars
309	304		19 ($1,000).
310	305		20 (2) Acquisition by the practitioner of the number of credit hours
311	306		21 required to be obtained by the practitioner during the relevant
312	307		22 license period.
313	308		23 (3) The practitioner otherwise complies with this chapter.
314	309		24 SECTION 5. IC 25-1-6.5-5 IS ADDED TO THE INDIANA CODE
315	310		25 AS NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
316	311		26 1, 2023]: Sec. 5. A board may conduct a meeting electronically in
317	312		27 accordance with the requirements set forth in IC 5-14-1.5-3.6.
318	313		28 SECTION 6. IC 25-1-8-6, AS AMENDED BY P.L.3-2014,
319	314		29 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
320	315		30 JULY 1, 2023]: Sec. 6. (a) As used in this section, "board" means any
321	316		31 of the entities described in IC 25-0.5-10.
322	317		32 (b) This section does not apply to a license, certificate, or
323	318		33 registration that has been:
324	319		34 (1) revoked; or
325	320		35 (2) suspended; or
326	321		36 (3) surrendered or retired when a complaint or investigation
327	322		37 concerning professional conduct was pending.
328	323		38 (c) Notwithstanding any other law regarding the reinstatement of a
329	324		39 retired, inactive, surrendered, delinquent, or lapsed license,
330	325		40 certificate, or registration and except as provided in section 8 of this
331	326		41 chapter, the holder of a license, certificate, or registration that was
332	327		42 issued by the board that is three (3) years or less retired, inactive,
333	328		HB 1179—LS 7455/DI 77 8
334	329		1 surrendered, delinquent, or lapsed must be reinstated by the
335	330		2 licensing agency upon meeting the following requirements:
336	331		3 (1) Submission of the holder's completed renewal application.
337	332		4 (2) Payment of the current renewal fee established by the board
338	333		5 under section 2 of this chapter.
339	334		6 (3) Payment of a reinstatement fee established by the Indiana
340	335		7 professional licensing agency.
341	336		8 (4) If a law requires the holder to complete continuing education
342	337		9 as a condition of renewal, the holder:
343	338		10 (A) shall provide the board with a sworn statement, signed by
344	339		11 the holder, that the holder has fulfilled the continuing
345	340		12 education requirements required by the board; or
346	341		13 (B) shall, if the holder has not complied with the continuing
347	342		14 education requirements, meet any requirements imposed under
348	343		15 IC 25-1-4-5 and IC 25-1-4-6.
349	344		16 (d) Notwithstanding any other law regarding the reinstatement of a
350	345		17 retired, inactive, surrendered, delinquent, or lapsed license,
351	346		18 certificate, or registration and except as provided in section 8 of this
352	347		19 chapter, unless a statute specifically does not allow a license,
353	348		20 certificate, or registration to be reinstated if it has lapsed for more than
354	349		21 three (3) years, the holder of a license, certificate, or registration that
355	350		22 was issued by the board that is more than three (3) years retired,
356	351		23 inactive, surrendered, delinquent, or lapsed must be reinstated by the
357	352		24 licensing agency upon meeting the following requirements:
358	353		25 (1) Submission of the holder's completed renewal application.
359	354		26 (2) Payment of the current renewal fee established by the board
360	355		27 under section 2 of this chapter.
361	356		28 (3) Payment of a reinstatement fee equal to the current initial
362	357		29 application fee.
363	358		30 (4) If a law requires the holder to complete continuing education
364	359		31 as a condition of renewal, the holder:
365	360		32 (A) shall provide the board with a sworn statement, signed by
366	361		33 the holder, that the holder has fulfilled the continuing
367	362		34 education requirements required by the board; or
368	363		35 (B) shall, if the holder has not complied with the continuing
369	364		36 education requirements, meet any requirements imposed under
370	365		37 IC 25-1-4-5 and IC 25-1-4-6.
371	366		38 (5) Complete such remediation and additional training as deemed
372	367		39 appropriate by the board given the lapse of time involved.
373	368		40 (6) Any other requirement that is provided for in statute or rule
374	369		41 that is not related to fees.
375	370		42 SECTION 7. IC 25-1-8-8, AS AMENDED BY P.L.78-2017,
376	371		HB 1179—LS 7455/DI 77 9
377	372		1 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
378	373		2 JULY 1, 2023]: Sec. 8. (a) As used in this section, "board" has the
379	374		3 meaning set forth in section 6(a) of this chapter.
380	375		4 (b) The licensing agency may delay reinstating a license, certificate,
381	376		5 or registration for not more than one hundred twenty (120) days after
382	377		6 the date the applicant applies for reinstatement of a license, certificate,
383	378		7 or registration to permit the board to investigate information received
384	379		8 by the licensing agency that the applicant for reinstatement may have
385	380		9 committed an act for which the applicant may have violated standards
386	381		10 adopted by the board under section 9 of this chapter or be
387	382		11 disciplined. If the licensing agency delays reinstating a license,
388	383		12 certificate, or registration, the licensing agency shall notify the
389	384		13 applicant that the applicant is being investigated. Except as provided
390	385		14 in subsection (c), the board shall do one (1) of the following before the
391	386		15 expiration of the one hundred twenty (120) day period:
392	387		16 (1) Deny reinstatement of the license, certificate, or registration
393	388		17 following a personal appearance by the applicant before the
394	389		18 board.
395	390		19 (2) Reinstate the license, certificate, or registration upon
396	391		20 satisfaction of all other requirements for reinstatement.
397	392		21 (3) Reinstate the license and file a complaint under IC 25-1-7.
398	393		22 (4) Upon agreement of the applicant and the board and following
399	394		23 a personal appearance by the applicant before the board, reinstate
400	395		24 the license, certificate, or registration and place the applicant on
401	396		25 probation status under IC 25-1-9-9 or IC 25-1-11-12.
402	397		26 (c) If an applicant fails to appear before the board under subsection
403	398		27 (b), the board may take action as provided in subsection (b)(1), (b)(2),
404	399		28 or (b)(3).
405	400		29 (d) The license, certificate, or registration of the applicant for
406	401		30 license reinstatement remains invalid during the one hundred twenty
407	402		31 (120) day period unless:
408	403		32 (1) the license, certificate, or registration is reinstated following
409	404		33 a personal appearance by the applicant before the board before
410	405		34 the end of the one hundred twenty (120) day period;
411	406		35 (2) the board issues a conditional license to the practitioner that
412	407		36 is effective until the reinstatement is denied or the license is
413	408		37 reinstated; or
414	409		38 (3) the reinstatement is denied.
415	410		39 If the one hundred twenty (120) day period expires without action by
416	411		40 the board, the license, certificate, or registration shall be automatically
417	412		41 reinstated at the end of the one hundred twenty (120) day period.
418	413		42 (e) The board's reinstatement of a license, certificate, or
419	414		HB 1179—LS 7455/DI 77 10
420	415		1 registration does not preclude the board from imposing sanctions on
421	416		2 the licensee as a result of a complaint filed by the attorney general after
422	417		3 reinstatement of the license, certificate, or registration.
423	418		4 SECTION 8. IC 25-1-8-9 IS ADDED TO THE INDIANA CODE
424	419		5 AS NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
425	420		6 1, 2023]: Sec. 9. Each board shall:
426	421		7 (1) make available on its website; and
427	422		8 (2) provide the licensing agency;
428	423		9 a list of standards, including any explicit crimes, that complies with
429	424		10 the requirements under IC 25-1-1.1-6, that require a personal
430	425		11 appearance before the board by the applicant.
431	426		12 SECTION 9. IC 25-1-21-1, AS ADDED BY P.L.149-2022,
432	427		13 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
433	428		14 JULY 1, 2023]: Sec. 1. (a) This chapter does not apply to any of the
434	429		15 following licenses:
435	430		16 (1) A certified public accountant license issued under
436	431		17 IC 25-2.1-4.
437	432		18 (2) An architect license issued under IC 25-4-1.
438	433		19 (3) A landscape architect license issued under IC 25-4-2.
439	434		20 (4) An auctioneer license issued under IC 25-6.1-3.
440	435		21 (5) The following licenses issued under IC 25-8-4:
441	436		22 (A) An esthetician license.
442	437		23 (B) A cosmetologist license.
443	438		24 (C) A manicurist license.
444	439		25 (D) A beauty culture instructor license.
445	440		26 (E) An electrologist license.
446	441		27 (F) A barber license.
447	442		28 (6) A funeral director license issued under 25-15-4.
448	443		29 (7) A licensed home inspector license issued under 25-20.2-5.
449	444		30 (8) A surveyor license issued under IC 25-21.5-5.
450	445		31 (9) A massage therapist license issued under IC 25-21.8-5.
451	446		32 (1) (10) Any type of social work license issued under
452	447		33 IC 25-23.6-5.
453	448		34 (2) (11) Any type of marriage and family therapist license issued
454	449		35 under IC 25-23.6-8.
455	450		36 (3) (12) Any type of mental health counselor license issued under
456	451		37 IC 25-23.6-8.5.
457	452		38 (4) (13) Any type of addiction counselor or clinical addiction
458	453		39 counselor license issued under IC 25-23.6-10.5.
459	454		40 (14) A professional engineer license issued under IC 25-31-1.
460	455		41 (15) The following licenses issued under IC 25-34.1-3:
461	456		42 (A) A certified residential appraiser license.
462	457		HB 1179—LS 7455/DI 77 11
463	458		1 (B) A certified general appraiser license.
464	459		2 (C) A real estate broker license.
465	460		3 (5) (16) Any type of respiratory care practitioner license issued
466	461		4 under IC 25-34.5.
467	462		5 (b) This chapter does not prohibit an applicant from proceeding
468	463		6 under other licensure, certification, registration, or permit requirements
469	464		7 established by a board or another law.
470	465		8 SECTION 10. IC 25-1-21-2, AS ADDED BY P.L.149-2022,
471	466		9 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
472	467		10 JULY 1, 2023]: Sec. 2. As used in this chapter, "board" means:
473	468		11 (1) any of the entities described in IC 25-0.5-11; or
474	469		12 (2) any of the entities described in IC 25-0.5-12-1 that issues
475	470		13 a license to which this chapter applies.
476	471		14 SECTION 11. IC 25-1-21-7, AS ADDED BY P.L.149-2022,
477	472		15 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
478	473		16 JULY 1, 2023]: Sec. 7. (a) Notwithstanding any other law, an applicant
479	474		17 for a license or certificate is entitled to a provisional license or
480	475		18 provisional certificate in the occupation applied for and at the same
481	476		19 practice level as determined by the board, without an examination, if
482	477		20 all of the following conditions are met:
483	478		21 (1) The individual submits a signed affidavit affirming, under the
484	479		22 penalties for perjury, the following:
485	480		23 (A) The individual is in good standing in all states and
486	481		24 jurisdictions in which the individual holds a license or
487	482		25 certificate for the occupation applied for.
488	483		26 (B) The individual has not had a license revoked and has not
489	484		27 voluntarily surrendered a license in another state or
490	485		28 jurisdiction while under investigation for unprofessional
491	486		29 conduct.
492	487		30 (C) The individual has not had discipline imposed by the
493	488		31 regulating agency for the occupation in another state or
494	489		32 jurisdiction.
495	490		33 (D) The individual does not have a complaint or an
496	491		34 investigation pending before the regulating agency in another
497	492		35 state or jurisdiction that relates to unprofessional conduct.
498	493		36 (2) The individual does not have a disqualifying criminal history,
499	494		37 as determined by the board, if a national criminal history
500	495		38 background check (as defined in IC 25-1-1.1-4) is required under
501	496		39 IC 25-1-1.1-4 for the occupation for which the applicant seeks a
502	497		40 license or certificate.
503	498		41 (3) The individual submits verification that the individual is
504	499		42 currently licensed or certified in at least one (1) other state or
505	500		HB 1179—LS 7455/DI 77 12
506	501		1 jurisdiction in the occupation applied for.
507	502		2 (4) The individual has submitted an application for a license or
508	503		3 certificate under this chapter with the board and has paid any
509	504		4 application fee.
510	505		5 (b) An applicant who has met the requirements in subsection (a)
511	506		6 shall be issued a provisional license or provisional certificate by the
512	507		7 professional licensing agency not more than thirty (30) days after the
513	508		8 requirements are met.
514	509		9 (c) A provisional license or provisional certificate expires on the
515	510		10 earlier of the following:
516	511		11 (1) Three hundred sixty-five (365) days after it is issued.
517	512		12 (2) The date on which the board approves and issues the
518	513		13 individual a license or certificate for the occupation.
519	514		14 (3) The date on which the board denies the individual's
520	515		15 application for a license or certificate for the occupation.
521	516		16 (d) In addition to any other penalties for perjury, an individual who
522	517		17 violates this section commits a Class A infraction.
523	518		18 (e) If the board discovers that any of the information submitted
524	519		19 under this section is false, the board may immediately revoke the
525	520		20 individual's provisional license or provisional certificate.
526	521		21 (f) This section does not apply to a license or certificate that is
527	522		22 established by or recognized through an interstate compact, a
528	523		23 reciprocity agreement, or a comity agreement that is established by a
529	524		24 board or a law.
530	525		25 (g) The board shall make a final decision on a license or certificate
531	526		26 application before the expiration of a provisional license or provisional
532	527		27 certificate issued under this section. If the board does not make a
533	528		28 final decision on a completed application for a license or certificate
534	529		29 before the expiration of a provisional license or provisional
535	530		30 certificate, the professional licensing agency shall issue the
536	531		31 applicant a license or certificate for the occupation.
537		-	32 SECTION 12. IC 25-4-1-18.~~5 IS ADDED TO THE INDIANA~~
538		-	33 ~~CODE AS A NEW SECTION~~ TO READ AS FOLLOWS
539		-	34 ~~[EFFECTIVE~~ JULY 1, 2023]: Sec. ~~18.5~~. (a) ~~An individual who has~~
540		-	35 ~~graduated from a school or college of architecture accredited by~~
541		-	36 the ~~National Architecture Accrediting Board, Inc., or its successor~~
542		-	37 ~~may profess~~ to ~~be an "architectural graduate" and use~~ the ~~term to~~
543		-	38 ~~describe~~ the ~~individual~~.
544		-	39 (b) ~~An individual currently enrolled in~~, ~~but not yet graduated~~
545		-	40 ~~from, a school or college of architecture accredited~~ by the ~~National~~
546		-	41 ~~Architecture Accrediting~~ Board~~, Inc., or its successor may profess~~
547		-	42 ~~to be an "architectural intern" and use~~ the ~~term to describe the~~
	532	+	32 SECTION 12. IC 25-13-1-8, AS AMENDED BY P.L.78-2017,
	533	+	33 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	534	+	34 JULY 1, 2023]: Sec. 8. (a) A license to practice dental hygiene in
	535	+	35 Indiana may be issued to candidates who pass an examination
	536	+	36 administered by an entity that has been approved by the board. Subject
	537	+	37 to IC 25-1-2-6(e), the license shall be valid for the remainder of the
	538	+	38 renewal period in effect on the date the license was issued.
	539	+	39 (b) Prior to the issuance of the license, the applicant shall pay a fee
	540	+	40 set by the board under section 5 of this chapter. Subject to
	541	+	41 IC 25-1-2-6(e), a license issued by the board expires on a date specified
	542	+	42 by the Indiana professional licensing agency under IC 25-1-5-4(l) of
548	543		HB 1179—LS 7455/DI 77 13
549		-	1 ~~individual~~.
550		-	2 ~~SECTION 13.~~ IC 25-4-2-~~10.5 IS ADDED TO THE INDIANA~~
551		-	3 ~~CODE AS A NEW SECTION TO READ AS FOLLOWS~~
552		-	4 ~~[EFFECTIVE JULY~~ 1~~, 2023]: Sec. 10.5. (a~~) ~~An individual who has~~
553		-	5 ~~graduated from an accredited curriculum~~ of ~~landscape~~
554		-	6 ~~architecture presented by a college~~ or ~~school approved~~ by the
555		-	7 ~~board may profess to be a "landscape architectural graduate" and~~
556		-	8 ~~use the term to describe the individual.~~
557		-	9 (b) ~~An individual currently enrolled~~ in~~, but not yet graduated~~
558		-	10 ~~from, an accredited curriculum of landscape architecture~~
559		-	11 ~~presented by a college or school approved by~~ the board ~~may~~
560		-	12 ~~profess to be a "landscape architectural intern" and use~~ the ~~term~~
561		-	13 ~~to describe~~ the ~~individual~~.
562		-	14 ~~SECTION 14.~~ ~~IC 25-13-1-8, AS AMENDED BY P.L.78-2017,~~
563		-	15 ~~SECTION 8,~~ ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
564		-	16 ~~JULY 1,~~ ~~2023]: Sec.~~ ~~8. (a) A license to practice dental hygiene in~~
565		-	17 ~~Indiana may be issued to candidates~~ who ~~pass an examination~~
566		-	18 ~~administered by an entity that has been approved by~~ the ~~board. Subject~~
567		-	19 ~~to IC 25-1-2-6(e),~~ the ~~license shall be valid for~~ the ~~remainder of the~~
568		-	20 ~~renewal period in effect on the date~~ the license ~~was issued.~~
569		-	21 ~~(b) Prior to the issuance of the license, the applicant shall pay a fee~~
570		-	22 ~~set by the board~~ under ~~section 5 of this chapter.~~ ~~Subject to~~
571		-	23 ~~IC 25-1-2-6(e), a license issued by~~ the board ~~expires on a date specified~~
572		-	24 by the ~~Indiana professional licensing agency~~ under IC 25-1-~~5-4~~(l) of
573		-	25 ~~each even-numbered~~ ~~year.~~
574		-	26 (c) ~~Subject to IC 25-1-2-6(e)~~, ~~an applicant for~~ license ~~renewal must~~
575		-	27 ~~satisfy~~ the ~~following conditions:~~
576		-	28 (1) ~~Pay:~~
577		-	29 ~~(A) the renewal fee set~~ by ~~the board under section 5 of this~~
578		-	30 ~~chapter on or before the renewal date specified~~ by the ~~Indiana~~
579		-	31 ~~professional licensing agency in each even-numbered~~ ~~year;~~
580		-	32 and
581		-	33 ~~(B) a compliance fee of twenty dollars ($20)~~ to ~~be deposited in~~
582		-	34 the ~~dental compliance fund established by IC 25-14-1-3.7.~~
583		-	35 ~~(2) Subject to IC 25-1-4-3, provide~~ the ~~board with~~ a ~~sworn~~
584		-	36 ~~statement signed by the applicant attesting that the applicant has~~
585		-	37 ~~fulfilled~~ the ~~continuing education requirements under IC 25-13-2.~~
586		-	38 ~~(3) (2) Be currently certified or successfully complete a course~~ in
587		-	39 ~~basic life support through a program approved by the board~~. ~~The~~
588		-	40 ~~board may waive the basic life support requirement for applicants~~
589		-	41 ~~who show reasonable cause.~~
590		-	42 ~~(d) If the holder of a license does not renew the license on or before~~
	544	+	1 each even-numbered year.
	545	+	2 (c) Subject to IC 25-1-2-6(e), an applicant for license renewal must
	546	+	3 satisfy the following conditions:
	547	+	4 (1) Pay:
	548	+	5 (A) the renewal fee set by the board under section 5 of this
	549	+	6 chapter on or before the renewal date specified by the Indiana
	550	+	7 professional licensing agency in each even-numbered year;
	551	+	8 and
	552	+	9 (B) a compliance fee of twenty dollars ($20) to be deposited in
	553	+	10 the dental compliance fund established by IC 25-14-1-3.7.
	554	+	11 (2) Subject to IC 25-1-4-3, provide the board with a sworn
	555	+	12 statement signed by the applicant attesting that the applicant has
	556	+	13 fulfilled the continuing education requirements under IC 25-13-2.
	557	+	14 (3) (2) Be currently certified or successfully complete a course in
	558	+	15 basic life support through a program approved by the board. The
	559	+	16 board may waive the basic life support requirement for applicants
	560	+	17 who show reasonable cause.
	561	+	18 (d) If the holder of a license does not renew the license on or before
	562	+	19 the renewal date specified by the Indiana professional licensing agency,
	563	+	20 the license expires and becomes invalid without any action by the
	564	+	21 board.
	565	+	22 (e) A license invalidated under subsection (d) may be reinstated by
	566	+	23 the board in three (3) years or less after such invalidation if the holder
	567	+	24 of the license meets the requirements under IC 25-1-8-6(c).
	568	+	25 (f) If a license remains invalid under subsection (d) for more than
	569	+	26 three (3) years, the holder of the invalid license may obtain a reinstated
	570	+	27 license by meeting the requirements for reinstatement under
	571	+	28 IC 25-1-8-6(d). The board may require the licensee to participate in
	572	+	29 remediation or pass an examination administered by an entity approved
	573	+	30 by the board.
	574	+	31 (g) The board may require the holder of an invalid license who files
	575	+	32 an application under this subsection to appear before the board and
	576	+	33 explain why the holder failed to renew the license.
	577	+	34 (h) The board may adopt rules under section 5 of this chapter
	578	+	35 establishing requirements for the reinstatement of a license that has
	579	+	36 been invalidated for more than three (3) years.
	580	+	37 (i) The license to practice must be displayed at all times in plain
	581	+	38 view of the patients in the office where the holder is engaged in
	582	+	39 practice. No person may lawfully practice dental hygiene who does not
	583	+	40 possess a license and its current renewal.
	584	+	41 (j) Biennial renewals of licenses are subject to the provisions of
	585	+	42 IC 25-1-2.
591	586		HB 1179—LS 7455/DI 77 14
592		-	1 ~~the renewal date specified~~ by ~~the Indiana professional licensing agency~~,
593		-	2 ~~the license expires and becomes invalid without any action by the~~
594		-	3 ~~board~~.
595		-	4 ~~(e)~~ A license ~~invalidated under subsection (d) may be reinstated~~ by
596		-	5 the ~~board in three (3) years or less after such invalidation if the holder~~
597		-	6 of ~~the license meets~~ the ~~requirements under IC 25-1-8-6(c).~~
598		-	7 ~~(f) If a license remains invalid under subsection (d) for more than~~
599		-	8 ~~three (3) years,~~ the ~~holder of the invalid license may obtain~~ a ~~reinstated~~
600		-	9 ~~license by meeting~~ the ~~requirements for reinstatement under~~
601		-	10 ~~IC 25-1-8-6(d)~~. ~~The board may require the licensee to participate in~~
602		-	11 ~~remediation or pass an examination administered by an entity approved~~
603		-	12 by the ~~board.~~
604		-	13 ~~(g)~~ The ~~board may require~~ the ~~holder of an invalid license who files~~
605		-	14 ~~an application under this subsection to appear before the board~~ and
606		-	15 ~~explain why the~~ holder ~~failed to~~ renew the license.
607		-	16 ~~(h)~~ The ~~board may adopt rules under section 5 of this chapter~~
608		-	17 ~~establishing requirements for~~ the ~~reinstatement of a~~ license ~~that has~~
609		-	18 ~~been~~ invalidated ~~for more than three (3) years~~.
610		-	19 (i) ~~The license to practice must be displayed at all times~~ in ~~plain~~
611		-	20 ~~view of~~ the ~~patients~~ in ~~the office where the holder is engaged in~~
612		-	21 ~~practice. No person may lawfully practice dental hygiene who does not~~
613		-	22 ~~possess a license and its current renewal~~.
614		-	23 (j) ~~Biennial renewals~~ of ~~licenses are subject to the provisions of~~
615		-	24 ~~IC 25-1-2.~~
616		-	25 ~~SECTION 15.~~ ~~IC 25-14-1-10, AS AMENDED~~ BY ~~P.L.78-2017,~~
617		-	26 ~~SECTION 9,~~ ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
618		-	27 ~~JULY 1, 2023]: Sec. 10.~~ (a) ~~Subject to IC 25-1-2-6(e), unless renewed,~~
619		-	28 ~~a license issued by~~ the board ~~expires on a date specified by the agency~~
620		-	29 ~~under IC 25-1-5-4(l). An applicant for renewal shall pay~~ the ~~renewal~~
621		-	30 ~~fee set by~~ the board under section 13 of this chapter ~~on or before the~~
622		-	31 ~~renewal date specified by~~ the ~~agency. In addition to the renewal fee set~~
623		-	32 by the ~~board, an applicant~~ for ~~renewal shall pay~~ a ~~compliance fee of~~
624		-	33 ~~twenty dollars ($20)~~ to ~~be deposited in the dental compliance fund~~
625		-	34 ~~established by section 3.7~~ of ~~this chapter~~.
626		-	35 (b) ~~The~~ license ~~shall be properly displayed at all times in the office~~
627		-	36 ~~of the person named as the holder of the license, and~~ a ~~person may not~~
628		-	37 ~~be considered to be in legal practice if~~ the ~~person does not possess~~ the
629		-	38 ~~license and renewal card~~.
630		-	39 ~~(c) If a holder of a dental license does not renew the license on or~~
631		-	40 ~~before the renewal date specified by the agency~~, ~~without any action by~~
632		-	41 ~~the board the~~ license ~~together with any related renewal card is~~
633		-	42 ~~invalidated.~~
	587	+	1 SECTION 13. IC 25-14-1-10, AS AMENDED BY P.L.78-2017,
	588	+	2 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	589	+	3 JULY 1, 2023]: Sec. 10. (a) Subject to IC 25-1-2-6(e), unless renewed,
	590	+	4 a license issued by the board expires on a date specified by the agency
	591	+	5 under IC 25-1-5-4(l). An applicant for renewal shall pay the renewal
	592	+	6 fee set by the board under section 13 of this chapter on or before the
	593	+	7 renewal date specified by the agency. In addition to the renewal fee set
	594	+	8 by the board, an applicant for renewal shall pay a compliance fee of
	595	+	9 twenty dollars ($20) to be deposited in the dental compliance fund
	596	+	10 established by section 3.7 of this chapter.
	597	+	11 (b) The license shall be properly displayed at all times in the office
	598	+	12 of the person named as the holder of the license, and a person may not
	599	+	13 be considered to be in legal practice if the person does not possess the
	600	+	14 license and renewal card.
	601	+	15 (c) If a holder of a dental license does not renew the license on or
	602	+	16 before the renewal date specified by the agency, without any action by
	603	+	17 the board the license together with any related renewal card is
	604	+	18 invalidated.
	605	+	19 (d) Except as provided in section 27.1 of this chapter, a license
	606	+	20 invalidated under subsection (c) may be reinstated by the board in three
	607	+	21 (3) years or less after its invalidation if the holder of the license meets
	608	+	22 the requirements under IC 25-1-8-6(c).
	609	+	23 (e) Except as provided in section 27.1 of this chapter, if a license
	610	+	24 remains invalid under subsection (c) for more than three (3) years, the
	611	+	25 holder of the invalid license may obtain a reinstated license by
	612	+	26 satisfying the requirements for reinstatement under IC 25-1-8-6(d).
	613	+	27 (f) The board may require the holder of an invalid license who files
	614	+	28 an application under this subsection to appear before the board and
	615	+	29 explain why the holder failed to renew the license.
	616	+	30 (g) The board may adopt rules under section 13 of this chapter
	617	+	31 establishing requirements for the reinstatement of a license that has
	618	+	32 been invalidated for more than three (3) years. The fee for a duplicate
	619	+	33 license to practice as a dentist is subject to IC 25-1-8-2.
	620	+	34 (h) Biennial renewal of licenses is subject to IC 25-1-2.
	621	+	35 (i) Subject to IC 25-1-4-3, an application for renewal of a license
	622	+	36 under this section must contain a sworn statement signed by the
	623	+	37 applicant attesting that the applicant has fulfilled the continuing
	624	+	38 education requirements under IC 25-14-3.
	625	+	39 SECTION 14. IC 25-14.5-6-1.1, AS ADDED BY P.L.90-2019,
	626	+	40 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	627	+	41 JULY 1, 2023]: Sec. 1.1. (a) Subject to IC 25-1-2-6(e), a license issued
	628	+	42 under this article expires on a date established by the agency under
634	629		HB 1179—LS 7455/DI 77 15
635		-	1 ~~(d) Except as provided~~ in ~~section 27.1 of this chapter,~~ ~~a license~~
636		-	2 ~~invalidated under subsection (c) may be reinstated by~~ the ~~board in three~~
637		-	3 (3) ~~years or less after its invalidation if the holder of the~~ license ~~meets~~
638		-	4 the ~~requirements under IC 25-1-8-6(c).~~
639		-	5 (e) ~~Except as provided in section 27.1~~ of ~~this chapter~~, if a ~~license~~
640		-	6 ~~remains invalid under subsection (c) for more than three (3) years,~~ the
641		-	7 ~~holder of the invalid license may obtain~~ a ~~reinstated license by~~
642		-	8 ~~satisfying~~ the ~~requirements for reinstatement under IC 25-1-8-6(d).~~
643		-	9 ~~(f)~~ The board ~~may require the holder of an invalid license who files~~
644		-	10 an ~~application~~ under ~~this~~ subsection ~~to appear before the board and~~
645		-	11 ~~explain why~~ the ~~holder failed to renew~~ the license.
646		-	12 ~~(g) The board may adopt rules under section 13 of this chapter~~
647		-	13 ~~establishing requirements for the reinstatement of a license that has~~
648		-	14 ~~been invalidated for more than three (3) years.~~ ~~The fee for a duplicate~~
649		-	15 ~~license~~ to ~~practice as~~ a ~~dentist is subject to IC 25-1-8-2.~~
650		-	16 ~~(h) Biennial renewal of licenses is subject to IC 25-1-2.~~
651		-	17 (i) ~~Subject to IC 25-1-4-3, an application for renewal of a license~~
652		-	18 ~~under this section must contain~~ a ~~sworn statement signed by the~~
653		-	19 ~~applicant attesting that the applicant has fulfilled the continuing~~
654		-	20 education ~~requirements under IC 25-14-3~~.
655		-	21 ~~SECTION 16.~~ ~~IC 25-14.5-6-1.1~~, ~~AS ADDED BY P.L.90-2019,~~
656		-	22 ~~SECTION 37,~~ ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
657		-	23 ~~JULY 1,~~ ~~2023]~~: ~~Sec. 1.1. (a) Subject to IC 25-1-2-6(e), a license issued~~
658		-	24 ~~under this article expires on~~ a ~~date established by the agency~~ under
659		-	25 ~~IC 25-1-5-4 in the next even-numbered year following the year in~~
660		-	26 ~~which~~ the ~~license was issued.~~
661		-	27 ~~(b) An individual who holds a license~~ issued under this ~~article may~~
662		-	28 ~~renew the license by~~
663		-	29 (1) ~~paying, on or before the expiration date of the license, a~~
664		-	30 ~~renewal fee set~~ by the ~~board. and~~
665		-	31 ~~(2) subject to IC 25-1-4-3~~, ~~providing a sworn statement attesting~~
666		-	32 ~~that the licensed dietitian has completed the continuing education~~
667		-	33 ~~required by the board.~~
668		-	34 ~~(c) If an individual fails to pay a renewal fee under subsection (b)~~
669		-	35 ~~on or before the expiration date of the individual's license~~, ~~the license~~
670		-	36 ~~becomes invalid.~~
671		-	37 ~~SECTION 17~~. ~~IC 25-20-1-25, AS AMENDED BY P.L.178-2014,~~
672		-	38 ~~SECTION 2,~~ ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
673		-	39 ~~JULY 1,~~ ~~2023]: Sec. 25. (a)~~ This ~~section applies only to a registrant~~
674		-	40 ~~who has held a certificate issued under this chapter for at least eighteen~~
675		-	41 ~~(18) months.~~
676		-	42 (b) ~~To renew a hearing aid dealer certificate~~ of ~~registration issued~~
	630	+	1 IC 25-1-5-4 in the next even-numbered year following the year in
	631	+	2 which the license was issued.
	632	+	3 (b) An individual who holds a license issued under this article may
	633	+	4 renew the license by
	634	+	5 (1) paying, on or before the expiration date of the license, a
	635	+	6 renewal fee set by the board. and
	636	+	7 (2) subject to IC 25-1-4-3, providing a sworn statement attesting
	637	+	8 that the licensed dietitian has completed the continuing education
	638	+	9 required by the board.
	639	+	10 (c) If an individual fails to pay a renewal fee under subsection (b)
	640	+	11 on or before the expiration date of the individual's license, the license
	641	+	12 becomes invalid.
	642	+	13 SECTION 15. IC 25-20-1-25, AS AMENDED BY P.L.178-2014,
	643	+	14 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	644	+	15 JULY 1, 2023]: Sec. 25. (a) This section applies only to a registrant
	645	+	16 who has held a certificate issued under this chapter for at least eighteen
	646	+	17 (18) months.
	647	+	18 (b) To renew a hearing aid dealer certificate of registration issued
	648	+	19 under this chapter, a registrant must complete at least twenty (20) hours
	649	+	20 of credit in continuing education courses.
	650	+	21 (c) To satisfy the requirements of subsection (b), a registrant may
	651	+	22 use only credit hours earned in continuing education courses completed
	652	+	23 by the registrant:
	653	+	24 (1) after the last date the registrant renewed a certificate under
	654	+	25 this chapter; or
	655	+	26 (2) if the registrant is renewing a certificate for the first time, after
	656	+	27 the date the registrant was issued the certificate under this
	657	+	28 chapter.
	658	+	29 (d) A registrant may receive credit only for completing continuing
	659	+	30 education courses that have been approved by the committee, the
	660	+	31 American Speech-Language-Hearing Association, or the International
	661	+	32 Institute for Hearing Instrument Studies.
	662	+	33 (e) When a registrant renews a certificate issued under this chapter,
	663	+	34 the registrant must comply with IC 25-1-4-3.
	664	+	35 SECTION 16. IC 25-23-1-19.7, AS AMENDED BY P.L.129-2018,
	665	+	36 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	666	+	37 JULY 1, 2023]: Sec. 19.7. (a) This subsection applies to an applicant
	667	+	38 for renewal who has never received a renewal of prescriptive authority
	668	+	39 under section 19.5 of this chapter and whose prescriptive authority has
	669	+	40 never lapsed. If the applicant was initially granted prescriptive
	670	+	41 authority:
	671	+	42 (1) less than twelve (12) months before the expiration date of the
677	672		HB 1179—LS 7455/DI 77 16
678		-	1 ~~under this chapter~~, ~~a registrant must complete at least twenty (20) hours~~
679		-	2 of ~~credit in continuing education courses.~~
680		-	3 ~~(c)~~ To ~~satisfy the requirements of subsection (b)~~, ~~a registrant may~~
681		-	4 ~~use only credit hours earned in continuing education courses completed~~
682		-	5 ~~by the registrant:~~
683		-	6 ~~(1) after~~ the ~~last date the registrant renewed a certificate under~~
684		-	7 ~~this chapter;~~ or
685		-	8 ~~(2) if~~ the ~~registrant is renewing a certificate for~~ the ~~first time, after~~
686		-	9 ~~the date the registrant was issued the certificate under this~~
687		-	10 ~~chapter.~~
688		-	11 (d) A ~~registrant may receive credit only for completing continuing~~
689		-	12 education ~~courses that have been~~ approved by the ~~committee~~, ~~the~~
690		-	13 ~~American Speech-Language-Hearing Association, or~~ the ~~International~~
691		-	14 ~~Institute for Hearing Instrument Studies~~.
692		-	15 (e) ~~When a registrant renews a certificate issued under~~ this ~~chapter,~~
693		-	16 ~~the registrant must comply with IC 25-1-4-3.~~
694		-	17 ~~SECTION 18~~. IC 25-~~23-~~1-~~19.7~~, ~~AS AMENDED BY P.L.129-2018,~~
695		-	18 ~~SECTION 33, IS AMENDED~~ TO ~~READ AS FOLLOWS [EFFECTIVE~~
696		-	19 ~~JULY 1,~~ ~~2023]: Sec~~. ~~19.7. (a) This subsection applies to an applicant~~
697		-	20 ~~for renewal who has never received a renewal of prescriptive authority~~
698		-	21 ~~under section 19.5 of this chapter and whose prescriptive authority has~~
699		-	22 ~~never lapsed. If~~ the ~~applicant was initially granted prescriptive~~
700		-	23 ~~authority:~~
701		-	24 (1) ~~less than twelve (12) months before the expiration date~~ of ~~the~~
702		-	25 ~~prescriptive authority, no continuing~~ education ~~is required;~~ or
703		-	26 ~~(2) at least twelve (12) months before~~ the ~~expiration date of the~~
704		-	27 prescriptive authority~~, the applicant shall subject to IC 25-1-4-3,~~
705		-	28 ~~attest to the board that the applicant has have successfully~~
706		-	29 ~~completed at least fifteen~~ (15) ~~contact hours~~ of ~~continuing~~
707		-	30 ~~education~~. ~~The hours must:~~
708		-	31 ~~(A) be completed after the prescriptive authority was granted~~
709		-	32 ~~and before~~ the ~~expiration of the prescriptive authority;~~
710		-	33 (B) ~~include at least four (4) contact hours~~ of ~~pharmacology;~~
711		-	34 and
712		-	35 ~~(C) be approved by a nationally approved sponsor of~~
713		-	36 ~~continuing education for nurses, approved by~~ the ~~board, and~~
714		-	37 ~~listed by~~ the ~~Indiana professional licensing agency as approved~~
715		-	38 ~~hours~~.
716		-	39 (b) ~~This subsection applies to an~~ applicant ~~for renewal of~~
717		-	40 ~~prescriptive authority under section 19.5 of this chapter who is~~ not
718		-	41 ~~described in subsection (a)~~. ~~The applicant shall subject to IC 25-1-4-3,~~
719		-	42 ~~attest to~~ the board ~~that the applicant has have successfully completed~~
	673	+	1 prescriptive authority, no continuing education is required; or
	674	+	2 (2) at least twelve (12) months before the expiration date of the
	675	+	3 prescriptive authority, the applicant shall subject to IC 25-1-4-3,
	676	+	4 attest to the board that the applicant has have successfully
	677	+	5 completed at least fifteen (15) contact hours of continuing
	678	+	6 education. The hours must:
	679	+	7 (A) be completed after the prescriptive authority was granted
	680	+	8 and before the expiration of the prescriptive authority;
	681	+	9 (B) include at least four (4) contact hours of pharmacology;
	682	+	10 and
	683	+	11 (C) be approved by a nationally approved sponsor of
	684	+	12 continuing education for nurses, approved by the board, and
	685	+	13 listed by the Indiana professional licensing agency as approved
	686	+	14 hours.
	687	+	15 (b) This subsection applies to an applicant for renewal of
	688	+	16 prescriptive authority under section 19.5 of this chapter who is not
	689	+	17 described in subsection (a). The applicant shall subject to IC 25-1-4-3,
	690	+	18 attest to the board that the applicant has have successfully completed
	691	+	19 at least thirty (30) contact hours of continuing education. The hours
	692	+	20 must:
	693	+	21 (1) be completed within the two (2) years immediately preceding
	694	+	22 the renewal;
	695	+	23 (2) include at least eight (8) contact hours of pharmacology; and
	696	+	24 (3) be approved by a nationally approved sponsor of continuing
	697	+	25 education for nurses, be approved by the board, and be listed by
	698	+	26 the Indiana professional licensing agency as approved hours.
	699	+	27 (c) An applicant for renewal of prescriptive authority under this
	700	+	28 section must maintain national certification or certification
	701	+	29 equivalence, as required by section 19.5(d) of this chapter.
	702	+	30 SECTION 17. IC 25-24-1-14, AS AMENDED BY P.L.177-2015,
	703	+	31 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	704	+	32 JULY 1, 2023]: Sec. 14. (a) In each even-numbered year, the Indiana
	705	+	33 professional licensing agency shall issue a ninety (90) day notice of
	706	+	34 expiration and a license renewal application in accordance with
	707	+	35 IC 25-1-2-6 to each optometrist licensed in Indiana. The application
	708	+	36 shall be mailed to the last known address of the optometrist.
	709	+	37 (b) The payment of the renewal fee must be made on or before the
	710	+	38 date established by the licensing agency under IC 25-1-5-4. Subject to
	711	+	39 IC 25-1-2-6(e), the applicant's license expires and becomes invalid if
	712	+	40 the applicant has not paid the renewal fee by the date established by the
	713	+	41 licensing agency.
	714	+	42 (c) The license shall be reinstated by the board not later than three
720	715		HB 1179—LS 7455/DI 77 17
721		-	1 ~~at least thirty~~ (30) ~~contact hours of continuing education.~~ The ~~hours~~
722		-	2 ~~must:~~
723		-	3 (1) ~~be completed within~~ the ~~two (2) years immediately preceding~~
724		-	4 the ~~renewal;~~
725		-	5 ~~(2) include at least eight (8) contact hours of pharmacology; and~~
726		-	6 (3) ~~be approved by a nationally approved sponsor of continuing~~
727		-	7 ~~education for nurses, be approved by~~ the board~~, and be listed by~~
728		-	8 the ~~Indiana professional licensing agency as approved hours.~~
729		-	9 ~~(c)~~ An ~~applicant for~~ renewal ~~of prescriptive authority under this~~
730		-	10 ~~section must maintain national certification or certification~~
731		-	11 ~~equivalence, as required by~~ section ~~19.5(d)~~ of this chapter.
732		-	12 ~~SECTION 19.~~ ~~IC 25-24-1-14, AS AMENDED BY P.L.177-2015,~~
733		-	13 ~~SECTION 62,~~ ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
734		-	14 ~~JULY 1,~~ ~~2023]: Sec. 14. (a) In each even-numbered year,~~ the ~~Indiana~~
735		-	15 ~~professional licensing agency shall issue a ninety~~ (90) ~~day notice~~ of
736		-	16 ~~expiration~~ and ~~a license renewal application in accordance with~~
737		-	17 ~~IC 25-1-2-6 to each optometrist licensed in Indiana.~~ The ~~application~~
738		-	18 ~~shall be mailed to the last known address of the optometrist.~~
739		-	19 (b) The ~~payment of~~ the ~~renewal fee must be made on or before the~~
740		-	20 ~~date established~~ by the ~~licensing agency~~ under ~~IC 25-~~1~~-5-4. Subject to~~
741		-	21 ~~IC 25-1-2-6(e)~~, the ~~applicant's license expires and becomes invalid if~~
742		-	22 ~~the applicant~~ has ~~not paid the renewal fee by the date established by the~~
743		-	23 ~~licensing agency~~.
744		-	24 ~~(c) The license shall be reinstated by the board not later than three~~
745		-	25 (3) ~~years after its expiration if the applicant for reinstatement meets the~~
746		-	26 ~~requirements under IC 25-1-8-6(c).~~
747		-	27 ~~(d) Reinstatement of an expired license after the expiration of the~~
748		-	28 ~~three~~ (3) ~~year period provided in subsection (c)~~ is ~~dependent upon the~~
749		-	29 ~~applicant satisfying~~ the ~~requirements for reinstatement under~~
750		-	30 ~~IC 25-1-8-6(d).~~
751		-	31 ~~(e)~~ The board ~~may classify a license as inactive if the board receives~~
752		-	32 ~~written notification from~~ a ~~licensee stating~~ that the ~~licensee will not~~
753		-	33 ~~maintain an office or practice optometry in Indiana.~~ The ~~renewal fee for~~
754		-	34 ~~an inactive license is one-half (1/2) the~~ license renewal ~~fee set by the~~
755		-	35 ~~board under section 1 of this chapter.~~
756		-	36 ~~(f)~~ The ~~holder of an inactive license is not required to fulfill~~
757		-	37 ~~continuing education requirements set by~~ the ~~board.~~ The ~~board may~~
758		-	38 ~~issue a license to~~ the ~~holder of an inactive license if the applicant:~~
759		-	39 ~~(1) pays~~ the ~~renewal fee set by~~ the ~~board under section 1~~ of ~~this~~
760		-	40 ~~chapter; and~~
761		-	41 ~~(2) pays the reinstatement fee set by~~ the board ~~under section 1~~ of
762		-	42 ~~this chapter.~~ ~~and~~
	716	+	1 (3) years after its expiration if the applicant for reinstatement meets the
	717	+	2 requirements under IC 25-1-8-6(c).
	718	+	3 (d) Reinstatement of an expired license after the expiration of the
	719	+	4 three (3) year period provided in subsection (c) is dependent upon the
	720	+	5 applicant satisfying the requirements for reinstatement under
	721	+	6 IC 25-1-8-6(d).
	722	+	7 (e) The board may classify a license as inactive if the board receives
	723	+	8 written notification from a licensee stating that the licensee will not
	724	+	9 maintain an office or practice optometry in Indiana. The renewal fee for
	725	+	10 an inactive license is one-half (1/2) the license renewal fee set by the
	726	+	11 board under section 1 of this chapter.
	727	+	12 (f) The holder of an inactive license is not required to fulfill
	728	+	13 continuing education requirements set by the board. The board may
	729	+	14 issue a license to the holder of an inactive license if the applicant:
	730	+	15 (1) pays the renewal fee set by the board under section 1 of this
	731	+	16 chapter; and
	732	+	17 (2) pays the reinstatement fee set by the board under section 1 of
	733	+	18 this chapter. and
	734	+	19 (3) subject to IC 25-1-4-3, attests that the applicant obtained the
	735	+	20 continuing education required by the board under section 1 of this
	736	+	21 chapter for each year, or portion of a year during which the
	737	+	22 applicant's license has been classified as inactive.
	738	+	23 SECTION 18. IC 25-26-13-14, AS AMENDED BY P.L.177-2015,
	739	+	24 SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	740	+	25 JULY 1, 2023]: Sec. 14. (a) Subject to IC 25-1-2-6(e), a pharmacist's
	741	+	26 license expires biennially on the date established by the licensing
	742	+	27 agency under IC 25-1-5-4, unless renewed before that date.
	743	+	28 (b) Subject to IC 25-1-2-6(e), if an application for renewal is not
	744	+	29 filed and the required fee paid before the established biennial renewal
	745	+	30 date, the license expires and becomes invalid without any action taken
	746	+	31 by the board.
	747	+	32 (c) Subject to IC 25-1-4-3, a statement attesting that the pharmacist
	748	+	33 has met the continuing education requirements shall be submitted with
	749	+	34 the application for license renewal.
	750	+	35 (d) (c) If a pharmacist surrenders the pharmacist's license to practice
	751	+	36 pharmacy in Indiana, the board may subsequently consider
	752	+	37 reinstatement of the pharmacist's license upon written request of the
	753	+	38 pharmacist. The board may impose any conditions it considers
	754	+	39 appropriate to the surrender or to the reinstatement of a surrendered
	755	+	40 license. The practitioner may not voluntarily surrender the
	756	+	41 practitioner's license to the board without the written consent of the
	757	+	42 board if any disciplinary proceedings are pending against the
763	758		HB 1179—LS 7455/DI 77 18
764		-	1 (3) subject to IC 25-1-4-3, attests that the applicant obtained the
765		-	2 continuing education required by the board under section 1 of this
766		-	3 chapter for each year, or portion of a year during which the
767		-	4 applicant's license has been classified as inactive.
768		-	5 SECTION 20. IC 25-26-13-14, AS AMENDED BY P.L.177-2015,
769		-	6 SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
770		-	7 JULY 1, 2023]: Sec. 14. (a) Subject to IC 25-1-2-6(e), a pharmacist's
771		-	8 license expires biennially on the date established by the licensing
772		-	9 agency under IC 25-1-5-4, unless renewed before that date.
773		-	10 (b) Subject to IC 25-1-2-6(e), if an application for renewal is not
774		-	11 filed and the required fee paid before the established biennial renewal
775		-	12 date, the license expires and becomes invalid without any action taken
776		-	13 by the board.
777		-	14 (c) Subject to IC 25-1-4-3, a statement attesting that the pharmacist
778		-	15 has met the continuing education requirements shall be submitted with
779		-	16 the application for license renewal.
780		-	17 (d) (c) If a pharmacist surrenders the pharmacist's license to practice
781		-	18 pharmacy in Indiana, the board may subsequently consider
782		-	19 reinstatement of the pharmacist's license upon written request of the
783		-	20 pharmacist. The board may impose any conditions it considers
784		-	21 appropriate to the surrender or to the reinstatement of a surrendered
785		-	22 license. The practitioner may not voluntarily surrender the
786		-	23 practitioner's license to the board without the written consent of the
787		-	24 board if any disciplinary proceedings are pending against the
788		-	25 practitioner under this chapter or IC 25-1-9.
789		-	26 (e) (d) If a license has been expired for not more than three (3)
790		-	27 years, the board may reinstate the license only if the person meets the
791		-	28 requirements under IC 25-1-8-6(c).
792		-	29 (f) (e) If a license has been expired for more than three (3) years, the
793		-	30 license may be reinstated by the board if the holder of the license meets
794		-	31 the requirements for reinstatement under IC 25-1-8-6(d).
795		-	32 (g) (f) The board may require a person who applies for a license
796		-	33 under subsection (e) (d) to appear before the board and explain the
797		-	34 reason the person failed to renew the person's license.
	759	+	1 practitioner under this chapter or IC 25-1-9.
	760	+	2 (e) (d) If a license has been expired for not more than three (3)
	761	+	3 years, the board may reinstate the license only if the person meets the
	762	+	4 requirements under IC 25-1-8-6(c).
	763	+	5 (f) (e) If a license has been expired for more than three (3) years, the
	764	+	6 license may be reinstated by the board if the holder of the license meets
	765	+	7 the requirements for reinstatement under IC 25-1-8-6(d).
	766	+	8 (g) (f) The board may require a person who applies for a license
	767	+	9 under subsection (e) (d) to appear before the board and explain the
	768	+	10 reason the person failed to renew the person's license.
798	769		HB 1179—LS 7455/DI 77 19
799	770		COMMITTEE REPORT
800	771		Mr. Speaker: Your Committee on Government and Regulatory
801	772		Reform, to which was referred House Bill 1179, has had the same
802	773		under consideration and begs leave to report the same back to the
803	774		House with the recommendation that said bill be amended as follows:
804	775		Page 1, between the enacting clause and line 1, begin a new
805	776		paragraph and insert:
806	777		"SECTION 1. IC 5-14-1.5-3.6, AS AMENDED BY P.L.124-2022,
807	778		SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
808	779		JULY 1, 2023]: Sec. 3.6. (a) This section applies only to a governing
809	780		body of the following:
810	781		(1) A charter school.
811	782		(2) A public agency of the state, including a body corporate and
812	783		politic established as an instrumentality of the state.
813	784		(3) An airport authority or a department of aviation under IC 8-22.
814	785		(4) A conservancy district under IC 14-33.
815	786		(b) A member of a governing body who is not physically present at
816	787		a meeting of the governing body may participate in a meeting of the
817	788		governing body by electronic communication only if the member uses
818	789		a means of communication that permits:
819	790		(1) the member;
820	791		(2) all other members participating in the meeting;
821	792		(3) all members of the public physically present at the place
822	793		where the meeting is conducted; and
823	794		(4) if the meeting is conducted under a policy adopted under
824	795		subsection (g)(7), all members of the public physically present at
825	796		a public location at which a member participates by means of
826	797		electronic communication;
827	798		to simultaneously communicate with each other during the meeting.
828	799		(c) The governing body must fulfill both of the following
829	800		requirements for a member of the governing body to participate in a
830	801		meeting by electronic communication:
831	802		(1) This subdivision does not apply to committees appointed by
832	803		a board of trustees of a state educational institution, by the
833	804		commission for higher education, by the board of the Indiana
834	805		economic development corporation, or by the board of directors
835	806		of the Indiana secondary market for education loans, as
836	807		established, incorporated, and designated under IC 21-16-5-1.
837	808		This subdivision does not apply to a governing body if at least
838	809		fifty-one percent (51%) of the governing body membership
839	810		consists of individuals with a disability (as described in
840	811		HB 1179—LS 7455/DI 77 20
841	812		IC 12-12-8-3.4) or individuals with a significant disability (as
842	813		described in IC 12-12-8-3.6), or both. The minimum number of
843	814		members who must be physically present at the place where the
844	815		meeting is conducted must be the greater of:
845	816		(A) two (2) of the members; or
846	817		(B) one-third (1/3) of the members.
847	818		(2) All votes of the governing body during the electronic meeting
848	819		must be taken by roll call vote.
849	820		Nothing in this section affects the public's right under this chapter to
850	821		attend a meeting of the governing body at the place where the meeting
851	822		is conducted and the minimum number of members is physically
852	823		present as provided for in subdivision (1).
853	824		(d) Each member of the governing body is required to physically
854	825		attend at least one (1) meeting of the governing body annually. This
855	826		subsection does not apply to a governing body if at least fifty-one
856	827		percent (51%) of the governing body membership consists of
857	828		individuals with a disability (as described in IC 12-12-8-3.4) or
858	829		individuals with a significant disability (as described in
859	830		IC 12-12-8-3.6), or both.
860	831		(e) Unless a policy adopted by a governing body under subsection
861	832		(g) provides otherwise, a member who participates in a meeting by
862	833		electronic communication:
863	834		(1) is considered to be present at the meeting;
864	835		(2) shall be counted for purposes of establishing a quorum; and
865	836		(3) may vote at the meeting.
866	837		(f) A governing body may not conduct meetings using a means of
867	838		electronic communication until the governing body: following:
868	839		(1) The governing body meets all requirements of this chapter.
869	840		and
870	841		(2) The governing body, by a favorable vote of a majority of the
871	842		members of the governing body, adopts a policy under subsection
872	843		(g) governing participation in meetings of the governing body by
873	844		electronic communication.
874	845		(3) This subdivision only applies to a governing body of a state
875	846		agency that is:
876	847		(A) a board, committee, commission, council, or other body
877	848		that is subordinate to the primary executive governing
878	849		body of the state agency; and
879	850		(B) has not adopted a policy under subsection (g).
880	851		The primary governing body of the agency may adopt a policy
881	852		under subsection (g) governing participation by electronic
882	853		communication in meetings of the subordinate governing
883	854		HB 1179—LS 7455/DI 77 21
884	855		body by a favorable vote of a majority of the members of the
885	856		primary governing body. Nothing in this subdivision prohibits
886	857		the subordinate governing body, by a favorable vote of a
887	858		majority of the members of the subordinate governing body,
888	859		from subsequently amending the policy adopted by the
889	860		primary governing body.
890	861		(g) A policy adopted by a governing body to govern participation in
891	862		the governing body's meetings by electronic communication may do
892	863		any of the following:
893	864		(1) Require a member to request authorization to participate in a
894	865		meeting of the governing body by electronic communication
895	866		within a certain number of days before the meeting to allow for
896	867		arrangements to be made for the member's participation by
897	868		electronic communication.
898	869		(2) Subject to subsection (e), limit the number of members who
899	870		may participate in any one (1) meeting by electronic
900	871		communication.
901	872		(3) Limit the total number of meetings that the governing body
902	873		may conduct in a calendar year by electronic communication.
903	874		(4) Limit the number of meetings in a calendar year in which any
904	875		one (1) member of the governing body may participate by
905	876		electronic communication.
906	877		(5) Provide that a member who participates in a meeting by
907	878		electronic communication may not cast the deciding vote on any
908	879		official action. For purposes of this subdivision, a member casts
909	880		the deciding vote on an official action if, regardless of the order
910	881		in which the votes are cast:
911	882		(A) the member votes with the majority; and
912	883		(B) the official action is adopted or defeated by one (1) vote.
913	884		(6) Require a member participating in a meeting by electronic
914	885		communication to confirm in writing the votes cast by the
915	886		member during the meeting within a certain number of days after
916	887		the date of the meeting.
917	888		(7) Provide that in addition to the location where a meeting is
918	889		conducted, the public may also attend some or all meetings of the
919	890		governing body, excluding executive sessions, at a public place
920	891		or public places at which a member is physically present and
921	892		participates by electronic communication. If the governing body's
922	893		policy includes this provision, a meeting notice must provide the
923	894		following information:
924	895		(A) The identity of each member who will be physically
925	896		present at a public place and participate in the meeting by
926	897		HB 1179—LS 7455/DI 77 22
927	898		electronic communication.
928	899		(B) The address and telephone number of each public place
929	900		where a member will be physically present and participate by
930	901		electronic communication.
931	902		(C) Unless the meeting is an executive session, a statement
932	903		that a location described in clause (B) will be open and
933	904		accessible to the public.
934	905		(8) Require at least a quorum of members to be physically present
935	906		at the location where the meeting is conducted.
936	907		(9) Provide that a member participating by electronic
937	908		communication may vote on official action only if, subject to
938	909		subsection (e), a specified number of members:
939	910		(A) are physically present at the location where the meeting is
940	911		conducted; and
941	912		(B) concur in the official action.
942	913		(10) Establish any other procedures, limitations, or conditions that
943	914		govern participation in meetings of the governing body by
944	915		electronic communication and are not in conflict with this
945	916		chapter.
946	917		(h) The policy adopted by the governing body must be posted on the
947	918		Internet web site website of the governing body, the charter school, the
948	919		airport, the conservancy district, or the public agency.
949	920		(i) Nothing in this section affects a public agency's or charter
950	921		school's right to exclude the public from an executive session in which
951	922		a member participates by electronic communication.
952	923		SECTION 2. IC 25-1-4-3, AS AMENDED BY P.L.168-2016,
953	924		SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
954	925		JULY 1, 2023]: Sec. 3. (a) Notwithstanding any other law, a board that
955	926		is specifically authorized or mandated to require continuing education
956	927		as a condition to renew a registration, certification, or license must
957	928		require a practitioner to comply with the following renewal
958	929		requirements: the following:
959	930		(1) The practitioner shall provide the board with a sworn
960	931		statement executed by the practitioner that the practitioner has
961	932		fulfilled the continuing education requirements required by the
962	933		board, after which the board will forward the sworn statement to
963	934		the agency (established by IC 25-1-5-3).
964	935		(1) All providers of continuing education courses to obtain
965	936		board approval for the course before providing a continuing
966	937		education course.
967	938		(2) Not later than thirty (30) days after the date a continuing
968	939		education course is provided to a practitioner, the continuing
969	940		HB 1179—LS 7455/DI 77 23
970	941		education provider shall provide the board or agency
971	942		(established by IC 25-1-5-3) with copies of certificates of
972	943		completion for the practitioner in the form and manner
973	944		established by the agency.
974	945		(2) (3) The practitioner continuing education provider shall
975	946		retain copies of certificates of completion for continuing
976	947		education courses for three (3) years from the end of the licensing
977	948		period for which the continuing education applied. The
978	949		practitioner continuing education provider shall provide the
979	950		board or agency (established by IC 25-1-5-3) with copies of the
980	951		certificates of completion upon the board's or agency's request. for
981	952		a compliance audit.
982	953		(b) This subsection does not apply to an individual licensed under
983	954		IC 25-34.1. Following every license renewal period, the agency with
984	955		consultation from the board may randomly audit for compliance more
985	956		than one percent (1%) but less than ten percent (10%) of the
986	957		practitioners required to take continuing education courses.
987	958		(c) This subsection applies only to individuals licensed under
988	959		IC 25-34.1. Following every license renewal period for a broker's
989	960		license issued under IC 25-34.1, the agency in consultation with the
990	961		board may randomly audit for compliance more than one percent (1%)
991	962		but less than ten percent (10%) of the practitioners required to take
992	963		continuing education courses.
993	964		SECTION 3. IC 25-1-4-5, AS AMENDED BY P.L.177-2009,
994	965		SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
995	966		JULY 1, 2023]: Sec. 5. (a) Notwithstanding any other law, if the board
996	967		determines that a practitioner has not complied with this chapter or
997	968		IC 25-1-8-6 at the time that the practitioner applies for license renewal
998	969		or reinstatement or after an audit conducted under section 3 of this
999	970		chapter, the board shall do the following:
1000	971		(1) Send the practitioner notice of noncompliance by certified
1001	972		mail to the practitioner's last known address.
1002	973		(2) As a condition of license renewal or reinstatement, require the
1003	974		practitioner to comply with subsection (b).
1004	975		(3) For license renewal, issue a conditional license to the
1005	976		practitioner that is effective until the practitioner complies with
1006	977		subsection (b).
1007	978		(b) Upon service of a notice of noncompliance under subsection (a),
1008	979		a practitioner shall do either of the following:
1009	980		(1) If the practitioner believes that the practitioner has complied
1010	981		with this chapter or IC 25-1-8-6, if applicable, within twenty-one
1011	982		(21) days of service of the notice, send written notice to the board
1012	983		HB 1179—LS 7455/DI 77 24
1013	984		requesting a review so that the practitioner may submit proof of
1014	985		compliance.
1015	986		(2) If the practitioner does not disagree with the board's
1016	987		determination of noncompliance, do the following:
1017	988		(A) Except as provided in subsection (d), pay to the board a
1018	989		civil penalty not to exceed one thousand dollars ($1,000)
1019	990		within twenty-one (21) days of service of the notice.
1020	991		(B) Acquire, within six (6) months after service of the notice,
1021	992		the number of credit hours needed to achieve full compliance.
1022	993		(C) Comply with all other provisions of this chapter.
1023	994		(c) If a practitioner fails to comply with subsection (b), the board
1024	995		shall immediately suspend or refuse to reinstate the license of the
1025	996		practitioner and send notice of the suspension or refusal to the
1026	997		practitioner by certified mail.
1027	998		(d) If the board determines that a practitioner has knowingly or
1028	999		intentionally made a false or misleading statement to the board
1029	1000		concerning compliance with the continuing education requirements, in
1030	1001		addition to the requirements under this section the board may impose
1031	1002		a civil penalty of not more than five thousand dollars ($5,000) under
1032	1003		subsection (b)(2)(A).
1033	1004		(e) The board shall:
1034	1005		(1) reinstate a practitioner's license; or
1035	1006		(2) renew the practitioner's license in place of the conditional
1036	1007		license issued under subsection (a)(3);
1037	1008		if the practitioner supplies proof of compliance with this chapter under
1038	1009		subsection (b)(1) or IC 25-1-8-6, if applicable.
1039	1010		SECTION 4. IC 25-1-4-6, AS AMENDED BY P.L.197-2007,
1040	1011		SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1041	1012		JULY 1, 2023]: Sec. 6. (a) Notwithstanding any other law, if at the time
1042	1013		a practitioner applies for license renewal or reinstatement or after an
1043	1014		audit conducted under section 3 of this chapter, the board determines
1044	1015		that the practitioner has failed to comply with this chapter or
1045	1016		IC 25-1-8-6, if applicable, and the practitioner has previously received
1046	1017		a notice of noncompliance under section 5(a) of this chapter during the
1047	1018		preceding license period, the board shall do the following:
1048	1019		(1) Provide the practitioner notice of noncompliance by certified
1049	1020		mail.
1050	1021		(2) Deny the practitioner's application for license renewal or
1051	1022		reinstatement.
1052	1023		(b) The board shall reinstate a license not renewed under subsection
1053	1024		(a) upon occurrence of the following:
1054	1025		(1) Payment by a practitioner to the board of a civil penalty
1055	1026		HB 1179—LS 7455/DI 77 25
1056	1027		determined by the board, but not to exceed one thousand dollars
1057	1028		($1,000).
1058	1029		(2) Acquisition by the practitioner of the number of credit hours
1059	1030		required to be obtained by the practitioner during the relevant
1060	1031		license period.
1061	1032		(3) The practitioner otherwise complies with this chapter.".
1062	1033		Page 1, line 13, after "surrendered" insert "or retired".
1063	1034		Page 4, delete lines 14 through 17, begin a new paragraph and
1064	1035		insert:
1065	1036		"SECTION 8. IC 25-1-21-1, AS ADDED BY P.L.149-2022,
1066	1037		SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1067	1038		JULY 1, 2023]: Sec. 1. (a) This chapter does not apply to any of the
1068	1039		following licenses:
1069	1040		(1) A certified public accountant license issued under
1070	1041		IC 25-2.1-4.
1071	1042		(2) An architect license issued under IC 25-4-1.
1072	1043		(3) A landscape architect license issued under IC 25-4-2.
1073	1044		(4) An auctioneer license issued under IC 25-6.1-3.
1074	1045		(5) The following licenses issued under IC 25-8-4:
1075	1046		(A) An esthetician license.
1076	1047		(B) A cosmetologist license.
1077	1048		(C) A manicurist license.
1078	1049		(D) A beauty culture instructor license.
1079	1050		(E) An electrologist license.
1080	1051		(F) A barber license.
1081	1052		(6) A funeral director license issued under 25-15-4.
1082	1053		(7) A licensed home inspector license issued under 25-20.2-5.
1083	1054		(8) A surveyor license issued under IC 25-21.5-5.
1084	1055		(9) A massage therapist license issued under IC 25-21.8-5.
1085	1056		(1) (10) Any type of social work license issued under
1086	1057		IC 25-23.6-5.
1087	1058		(2) (11) Any type of marriage and family therapist license issued
1088	1059		under IC 25-23.6-8.
1089	1060		(3) (12) Any type of mental health counselor license issued under
1090	1061		IC 25-23.6-8.5.
1091	1062		(4) (13) Any type of addiction counselor or clinical addiction
1092	1063		counselor license issued under IC 25-23.6-10.5.
1093	1064		(14) A professional engineer license issued under IC 25-31-1.
1094	1065		(15) The following licenses issued under IC 25-34.1-3:
1095	1066		(A) A certified residential appraiser license.
1096	1067		(B) A certified general appraiser license.
1097	1068		(C) A real estate broker license.
1098	1069		HB 1179—LS 7455/DI 77 26
1099	1070		(5) (16) Any type of respiratory care practitioner license issued
1100	1071		under IC 25-34.5.
1101	1072		(b) This chapter does not prohibit an applicant from proceeding
1102	1073		under other licensure, certification, registration, or permit requirements
1103	1074		established by a board or another law.
1104	1075		SECTION 9. IC 25-1-21-2, AS ADDED BY P.L.149-2022,
1105	1076		SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1106	1077		JULY 1, 2023]: Sec. 2. As used in this chapter, "board" means:
1107	1078		(1) any of the entities described in IC 25-0.5-11; or
1108	1079		(2) any of the entities described in IC 25-0.5-12-1 that issues
1109	1080		a license to which this chapter applies.".
1110	1081		Page 5, line 32, delete "license or certificate application" and insert
1111	1082		"completed application for a license or certificate".
1112	1083		Page 5, after line 35, begin a new paragraph and insert:
1113	1084		"SECTION 11. IC 25-13-1-8, AS AMENDED BY P.L.78-2017,
1114	1085		SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1115	1086		JULY 1, 2023]: Sec. 8. (a) A license to practice dental hygiene in
1116	1087		Indiana may be issued to candidates who pass an examination
1117	1088		administered by an entity that has been approved by the board. Subject
1118	1089		to IC 25-1-2-6(e), the license shall be valid for the remainder of the
1119	1090		renewal period in effect on the date the license was issued.
1120	1091		(b) Prior to the issuance of the license, the applicant shall pay a fee
1121	1092		set by the board under section 5 of this chapter. Subject to
1122	1093		IC 25-1-2-6(e), a license issued by the board expires on a date specified
1123	1094		by the Indiana professional licensing agency under IC 25-1-5-4(l) of
1124	1095		each even-numbered year.
1125	1096		(c) Subject to IC 25-1-2-6(e), an applicant for license renewal must
1126	1097		satisfy the following conditions:
1127	1098		(1) Pay:
1128	1099		(A) the renewal fee set by the board under section 5 of this
1129	1100		chapter on or before the renewal date specified by the Indiana
1130	1101		professional licensing agency in each even-numbered year;
1131	1102		and
1132	1103		(B) a compliance fee of twenty dollars ($20) to be deposited in
1133	1104		the dental compliance fund established by IC 25-14-1-3.7.
1134	1105		(2) Subject to IC 25-1-4-3, provide the board with a sworn
1135	1106		statement signed by the applicant attesting that the applicant has
1136	1107		fulfilled the continuing education requirements under IC 25-13-2.
1137	1108		(3) (2) Be currently certified or successfully complete a course in
1138	1109		basic life support through a program approved by the board. The
1139	1110		board may waive the basic life support requirement for applicants
1140	1111		who show reasonable cause.
1141	1112		HB 1179—LS 7455/DI 77 27
1142	1113		(d) If the holder of a license does not renew the license on or before
1143	1114		the renewal date specified by the Indiana professional licensing agency,
1144	1115		the license expires and becomes invalid without any action by the
1145	1116		board.
1146	1117		(e) A license invalidated under subsection (d) may be reinstated by
1147	1118		the board in three (3) years or less after such invalidation if the holder
1148	1119		of the license meets the requirements under IC 25-1-8-6(c).
1149	1120		(f) If a license remains invalid under subsection (d) for more than
1150	1121		three (3) years, the holder of the invalid license may obtain a reinstated
1151	1122		license by meeting the requirements for reinstatement under
1152	1123		IC 25-1-8-6(d). The board may require the licensee to participate in
1153	1124		remediation or pass an examination administered by an entity approved
1154	1125		by the board.
1155	1126		(g) The board may require the holder of an invalid license who files
1156	1127		an application under this subsection to appear before the board and
1157	1128		explain why the holder failed to renew the license.
1158	1129		(h) The board may adopt rules under section 5 of this chapter
1159	1130		establishing requirements for the reinstatement of a license that has
1160	1131		been invalidated for more than three (3) years.
1161	1132		(i) The license to practice must be displayed at all times in plain
1162	1133		view of the patients in the office where the holder is engaged in
1163	1134		practice. No person may lawfully practice dental hygiene who does not
1164	1135		possess a license and its current renewal.
1165	1136		(j) Biennial renewals of licenses are subject to the provisions of
1166	1137		IC 25-1-2.
1167	1138		SECTION 12. IC 25-14-1-10, AS AMENDED BY P.L.78-2017,
1168	1139		SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1169	1140		JULY 1, 2023]: Sec. 10. (a) Subject to IC 25-1-2-6(e), unless renewed,
1170	1141		a license issued by the board expires on a date specified by the agency
1171	1142		under IC 25-1-5-4(l). An applicant for renewal shall pay the renewal
1172	1143		fee set by the board under section 13 of this chapter on or before the
1173	1144		renewal date specified by the agency. In addition to the renewal fee set
1174	1145		by the board, an applicant for renewal shall pay a compliance fee of
1175	1146		twenty dollars ($20) to be deposited in the dental compliance fund
1176	1147		established by section 3.7 of this chapter.
1177	1148		(b) The license shall be properly displayed at all times in the office
1178	1149		of the person named as the holder of the license, and a person may not
1179	1150		be considered to be in legal practice if the person does not possess the
1180	1151		license and renewal card.
1181	1152		(c) If a holder of a dental license does not renew the license on or
1182	1153		before the renewal date specified by the agency, without any action by
1183	1154		the board the license together with any related renewal card is
1184	1155		HB 1179—LS 7455/DI 77 28
1185	1156		invalidated.
1186	1157		(d) Except as provided in section 27.1 of this chapter, a license
1187	1158		invalidated under subsection (c) may be reinstated by the board in three
1188	1159		(3) years or less after its invalidation if the holder of the license meets
1189	1160		the requirements under IC 25-1-8-6(c).
1190	1161		(e) Except as provided in section 27.1 of this chapter, if a license
1191	1162		remains invalid under subsection (c) for more than three (3) years, the
1192	1163		holder of the invalid license may obtain a reinstated license by
1193	1164		satisfying the requirements for reinstatement under IC 25-1-8-6(d).
1194	1165		(f) The board may require the holder of an invalid license who files
1195	1166		an application under this subsection to appear before the board and
1196	1167		explain why the holder failed to renew the license.
1197	1168		(g) The board may adopt rules under section 13 of this chapter
1198	1169		establishing requirements for the reinstatement of a license that has
1199	1170		been invalidated for more than three (3) years. The fee for a duplicate
1200	1171		license to practice as a dentist is subject to IC 25-1-8-2.
1201	1172		(h) Biennial renewal of licenses is subject to IC 25-1-2.
1202	1173		(i) Subject to IC 25-1-4-3, an application for renewal of a license
1203	1174		under this section must contain a sworn statement signed by the
1204	1175		applicant attesting that the applicant has fulfilled the continuing
1205	1176		education requirements under IC 25-14-3.
1206	1177		SECTION 13. IC 25-14.5-6-1.1, AS ADDED BY P.L.90-2019,
1207	1178		SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1208	1179		JULY 1, 2023]: Sec. 1.1. (a) Subject to IC 25-1-2-6(e), a license issued
1209	1180		under this article expires on a date established by the agency under
1210	1181		IC 25-1-5-4 in the next even-numbered year following the year in
1211	1182		which the license was issued.
1212	1183		(b) An individual who holds a license issued under this article may
1213	1184		renew the license by
1214	1185		(1) paying, on or before the expiration date of the license, a
1215	1186		renewal fee set by the board. and
1216	1187		(2) subject to IC 25-1-4-3, providing a sworn statement attesting
1217	1188		that the licensed dietitian has completed the continuing education
1218	1189		required by the board.
1219	1190		(c) If an individual fails to pay a renewal fee under subsection (b)
1220	1191		on or before the expiration date of the individual's license, the license
1221	1192		becomes invalid.
1222	1193		SECTION 14. IC 25-20-1-25, AS AMENDED BY P.L.178-2014,
1223	1194		SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1224	1195		JULY 1, 2023]: Sec. 25. (a) This section applies only to a registrant
1225	1196		who has held a certificate issued under this chapter for at least eighteen
1226	1197		(18) months.
1227	1198		HB 1179—LS 7455/DI 77 29
1228	1199		(b) To renew a hearing aid dealer certificate of registration issued
1229	1200		under this chapter, a registrant must complete at least twenty (20) hours
1230	1201		of credit in continuing education courses.
1231	1202		(c) To satisfy the requirements of subsection (b), a registrant may
1232	1203		use only credit hours earned in continuing education courses completed
1233	1204		by the registrant:
1234	1205		(1) after the last date the registrant renewed a certificate under
1235	1206		this chapter; or
1236	1207		(2) if the registrant is renewing a certificate for the first time, after
1237	1208		the date the registrant was issued the certificate under this
1238	1209		chapter.
1239	1210		(d) A registrant may receive credit only for completing continuing
1240	1211		education courses that have been approved by the committee, the
1241	1212		American Speech-Language-Hearing Association, or the International
1242	1213		Institute for Hearing Instrument Studies.
1243	1214		(e) When a registrant renews a certificate issued under this chapter,
1244	1215		the registrant must comply with IC 25-1-4-3.
1245	1216		SECTION 15. IC 25-23-1-19.7, AS AMENDED BY P.L.129-2018,
1246	1217		SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1247	1218		JULY 1, 2023]: Sec. 19.7. (a) This subsection applies to an applicant
1248	1219		for renewal who has never received a renewal of prescriptive authority
1249	1220		under section 19.5 of this chapter and whose prescriptive authority has
1250	1221		never lapsed. If the applicant was initially granted prescriptive
1251	1222		authority:
1252	1223		(1) less than twelve (12) months before the expiration date of the
1253	1224		prescriptive authority, no continuing education is required; or
1254	1225		(2) at least twelve (12) months before the expiration date of the
1255	1226		prescriptive authority, the applicant shall subject to IC 25-1-4-3,
1256	1227		attest to the board that the applicant has have successfully
1257	1228		completed at least fifteen (15) contact hours of continuing
1258	1229		education. The hours must:
1259	1230		(A) be completed after the prescriptive authority was granted
1260	1231		and before the expiration of the prescriptive authority;
1261	1232		(B) include at least four (4) contact hours of pharmacology;
1262	1233		and
1263	1234		(C) be approved by a nationally approved sponsor of
1264	1235		continuing education for nurses, approved by the board, and
1265	1236		listed by the Indiana professional licensing agency as approved
1266	1237		hours.
1267	1238		(b) This subsection applies to an applicant for renewal of
1268	1239		prescriptive authority under section 19.5 of this chapter who is not
1269	1240		described in subsection (a). The applicant shall subject to IC 25-1-4-3,
1270	1241		HB 1179—LS 7455/DI 77 30
1271	1242		attest to the board that the applicant has have successfully completed
1272	1243		at least thirty (30) contact hours of continuing education. The hours
1273	1244		must:
1274	1245		(1) be completed within the two (2) years immediately preceding
1275	1246		the renewal;
1276	1247		(2) include at least eight (8) contact hours of pharmacology; and
1277	1248		(3) be approved by a nationally approved sponsor of continuing
1278	1249		education for nurses, be approved by the board, and be listed by
1279	1250		the Indiana professional licensing agency as approved hours.
1280	1251		(c) An applicant for renewal of prescriptive authority under this
1281	1252		section must maintain national certification or certification
1282	1253		equivalence, as required by section 19.5(d) of this chapter.
1283	1254		SECTION 16. IC 25-24-1-14, AS AMENDED BY P.L.177-2015,
1284	1255		SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1285	1256		JULY 1, 2023]: Sec. 14. (a) In each even-numbered year, the Indiana
1286	1257		professional licensing agency shall issue a ninety (90) day notice of
1287	1258		expiration and a license renewal application in accordance with
1288	1259		IC 25-1-2-6 to each optometrist licensed in Indiana. The application
1289	1260		shall be mailed to the last known address of the optometrist.
1290	1261		(b) The payment of the renewal fee must be made on or before the
1291	1262		date established by the licensing agency under IC 25-1-5-4. Subject to
1292	1263		IC 25-1-2-6(e), the applicant's license expires and becomes invalid if
1293	1264		the applicant has not paid the renewal fee by the date established by the
1294	1265		licensing agency.
1295	1266		(c) The license shall be reinstated by the board not later than three
1296	1267		(3) years after its expiration if the applicant for reinstatement meets the
1297	1268		requirements under IC 25-1-8-6(c).
1298	1269		(d) Reinstatement of an expired license after the expiration of the
1299	1270		three (3) year period provided in subsection (c) is dependent upon the
1300	1271		applicant satisfying the requirements for reinstatement under
1301	1272		IC 25-1-8-6(d).
1302	1273		(e) The board may classify a license as inactive if the board receives
1303	1274		written notification from a licensee stating that the licensee will not
1304	1275		maintain an office or practice optometry in Indiana. The renewal fee for
1305	1276		an inactive license is one-half (1/2) the license renewal fee set by the
1306	1277		board under section 1 of this chapter.
1307	1278		(f) The holder of an inactive license is not required to fulfill
1308	1279		continuing education requirements set by the board. The board may
1309	1280		issue a license to the holder of an inactive license if the applicant:
1310	1281		(1) pays the renewal fee set by the board under section 1 of this
1311	1282		chapter; and
1312	1283		(2) pays the reinstatement fee set by the board under section 1 of
1313	1284		HB 1179—LS 7455/DI 77 31
1314	1285		this chapter. and
1315	1286		(3) subject to IC 25-1-4-3, attests that the applicant obtained the
1316	1287		continuing education required by the board under section 1 of this
1317	1288		chapter for each year, or portion of a year during which the
1318	1289		applicant's license has been classified as inactive.
1319	1290		SECTION 17. IC 25-26-13-14, AS AMENDED BY P.L.177-2015,
1320	1291		SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1321	1292		JULY 1, 2023]: Sec. 14. (a) Subject to IC 25-1-2-6(e), a pharmacist's
1322	1293		license expires biennially on the date established by the licensing
1323	1294		agency under IC 25-1-5-4, unless renewed before that date.
1324	1295		(b) Subject to IC 25-1-2-6(e), if an application for renewal is not
1325	1296		filed and the required fee paid before the established biennial renewal
1326	1297		date, the license expires and becomes invalid without any action taken
1327	1298		by the board.
1328	1299		(c) Subject to IC 25-1-4-3, a statement attesting that the pharmacist
1329	1300		has met the continuing education requirements shall be submitted with
1330	1301		the application for license renewal.
1331	1302		(d) (c) If a pharmacist surrenders the pharmacist's license to practice
1332	1303		pharmacy in Indiana, the board may subsequently consider
1333	1304		reinstatement of the pharmacist's license upon written request of the
1334	1305		pharmacist. The board may impose any conditions it considers
1335	1306		appropriate to the surrender or to the reinstatement of a surrendered
1336	1307		license. The practitioner may not voluntarily surrender the
1337	1308		practitioner's license to the board without the written consent of the
1338	1309		board if any disciplinary proceedings are pending against the
1339	1310		practitioner under this chapter or IC 25-1-9.
1340	1311		(e) (d) If a license has been expired for not more than three (3)
1341	1312		years, the board may reinstate the license only if the person meets the
1342	1313		requirements under IC 25-1-8-6(c).
1343	1314		(f) (e) If a license has been expired for more than three (3) years, the
1344	1315		license may be reinstated by the board if the holder of the license meets
1345	1316		the requirements for reinstatement under IC 25-1-8-6(d).
1346	1317		HB 1179—LS 7455/DI 77 32
1347	1318		(g) (f) The board may require a person who applies for a license
1348	1319		under subsection (e) (d) to appear before the board and explain the
1349	1320		reason the person failed to renew the person's license.".
1350	1321		Renumber all SECTIONS consecutively.
1351	1322		and when so amended that said bill do pass.
1352	1323		(Reference is to HB 1179 as introduced.)
1353	1324		MILLER D
1354	1325		Committee Vote: yeas 9, nays 2.
1355		-	_____
1356		-	HOUSE MOTION
1357		-	Mr. Speaker: I move that House Bill 1179 be amended to read as
1358		-	follows:
1359		-	Page 3, line 2, delete "following:" and insert "following occur:".
1360		-	Page 3, line 10, delete "that is:" and insert "that:".
1361		-	Page 3, line 11, after "(A)" insert "is".
1362		-	Page 12, between lines 31 and 32, begin a new paragraph and insert:
1363		-	"SECTION 12. IC 25-4-1-18.5 IS ADDED TO THE INDIANA
1364		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
1365		-	[EFFECTIVE JULY 1, 2023]: Sec. 18.5. (a) An individual who has
1366		-	graduated from a school or college of architecture accredited by
1367		-	the National Architecture Accrediting Board, Inc., or its successor
1368		-	may profess to be an "architectural graduate" and use the term to
1369		-	describe the individual.
1370		-	(b) An individual currently enrolled in, but not yet graduated
1371		-	from, a school or college of architecture accredited by the National
1372		-	Architecture Accrediting Board, Inc., or its successor may profess
1373		-	to be an "architectural intern" and use the term to describe the
1374		-	individual.
1375		-	SECTION 13. IC 25-4-2-10.5 IS ADDED TO THE INDIANA
1376		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
1377		-	[EFFECTIVE JULY 1, 2023]: Sec. 10.5. (a) An individual who has
1378		-	graduated from an accredited curriculum of landscape
1379		-	architecture presented by a college or school approved by the
1380		-	board may profess to be a "landscape architectural graduate" and
1381		-	use the term to describe the individual.
1382		-	(b) An individual currently enrolled in, but not yet graduated
1383		-	HB 1179—LS 7455/DI 77 33
1384		-	from, an accredited curriculum of landscape architecture
1385		-	presented by a college or school approved by the board may
1386		-	profess to be a "landscape architectural intern" and use the term
1387		-	to describe the individual.".
1388		-	Renumber all SECTIONS consecutively.
1389		-	(Reference is to HB 1179 as printed February 9, 2023.)
1390		-	CLERE
1391	1326		HB 1179—LS 7455/DI 77