*HB1179.2*
Reprinted
February 15, 2023
HOUSE BILL No. 1179
_____
DIGEST OF HB 1179 (Updated February 14, 2023 2:14 pm - DI 92)
Citations Affected: IC 5-14; IC 25-1; IC 25-4; IC 25-13; IC 25-14;
IC 25-14.5; IC 25-20; IC 25-23; IC 25-24; IC 25-26.
Synopsis: Professional licensing. Allows a state agency to adopt a
policy governing electronic meetings conducted by a board or
committee of the agency, if the board or committee has not adopted a
policy. Allows the reinstatement of a professional license that was
retired, inactive, or surrendered (inactive) if the applicant meets the
requirements for a delinquent or lapsed license. Provides that
provisions regarding reinstatement of a retired license do not apply if
the license was retired while a complaint or investigation regarding
professional conduct was pending. Provides that the reinstatement law
applies to all licenses that were inactive for more than three years.
Requires, for purposes of the license reinstatement law, that each board
make available a list of standards that require a personal appearance
before the board. Requires a provider of a continuing education course
(Continued next page)
Effective: July 1, 2023.
Clere, Miller D, Zent, Fleming
January 10, 2023, read first time and referred to Committee on Government and Regulatory
Reform.
February 9, 2023, amended, reported — Do Pass.
February 14, 2023, read second time, amended, ordered engrossed.
HB 1179—LS 7455/DI 77 Digest Continued
to: (1) obtain approval of the course from the licensing board; and (2)
provide the licensing board or agency with a certificate showing that a
practitioner completed a course. Eliminates random continuing
education audits of practitioners. Adds certain nonhealth professions
to the professions that an out-of-state applicant may use to apply for
license under the general reciprocity law. Provides that if a board does
not act on an application within one year for an applicant who holds a
provisional license or provisional certificate under the reciprocity law,
the professional licensing agency shall issue the applicant a license or
certificate. Allows the use of certain titles by an individual who is
enrolled in or has graduated from a school of architecture or an
accredited curriculum of landscape architecture.
HB 1179—LS 7455/DI 77HB 1179—LS 7455/DI 77 Reprinted
February 15, 2023
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
HOUSE BILL No. 1179
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-14-1.5-3.6, AS AMENDED BY P.L.124-2022,
2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]: Sec. 3.6. (a) This section applies only to a governing
4 body of the following:
5 (1) A charter school.
6 (2) A public agency of the state, including a body corporate and
7 politic established as an instrumentality of the state.
8 (3) An airport authority or a department of aviation under IC 8-22.
9 (4) A conservancy district under IC 14-33.
10 (b) A member of a governing body who is not physically present at
11 a meeting of the governing body may participate in a meeting of the
12 governing body by electronic communication only if the member uses
13 a means of communication that permits:
14 (1) the member;
15 (2) all other members participating in the meeting;
16 (3) all members of the public physically present at the place
17 where the meeting is conducted; and
HB 1179—LS 7455/DI 77 2
1 (4) if the meeting is conducted under a policy adopted under
2 subsection (g)(7), all members of the public physically present at
3 a public location at which a member participates by means of
4 electronic communication;
5 to simultaneously communicate with each other during the meeting.
6 (c) The governing body must fulfill both of the following
7 requirements for a member of the governing body to participate in a
8 meeting by electronic communication:
9 (1) This subdivision does not apply to committees appointed by
10 a board of trustees of a state educational institution, by the
11 commission for higher education, by the board of the Indiana
12 economic development corporation, or by the board of directors
13 of the Indiana secondary market for education loans, as
14 established, incorporated, and designated under IC 21-16-5-1.
15 This subdivision does not apply to a governing body if at least
16 fifty-one percent (51%) of the governing body membership
17 consists of individuals with a disability (as described in
18 IC 12-12-8-3.4) or individuals with a significant disability (as
19 described in IC 12-12-8-3.6), or both. The minimum number of
20 members who must be physically present at the place where the
21 meeting is conducted must be the greater of:
22 (A) two (2) of the members; or
23 (B) one-third (1/3) of the members.
24 (2) All votes of the governing body during the electronic meeting
25 must be taken by roll call vote.
26 Nothing in this section affects the public's right under this chapter to
27 attend a meeting of the governing body at the place where the meeting
28 is conducted and the minimum number of members is physically
29 present as provided for in subdivision (1).
30 (d) Each member of the governing body is required to physically
31 attend at least one (1) meeting of the governing body annually. This
32 subsection does not apply to a governing body if at least fifty-one
33 percent (51%) of the governing body membership consists of
34 individuals with a disability (as described in IC 12-12-8-3.4) or
35 individuals with a significant disability (as described in
36 IC 12-12-8-3.6), or both.
37 (e) Unless a policy adopted by a governing body under subsection
38 (g) provides otherwise, a member who participates in a meeting by
39 electronic communication:
40 (1) is considered to be present at the meeting;
41 (2) shall be counted for purposes of establishing a quorum; and
42 (3) may vote at the meeting.
HB 1179—LS 7455/DI 77 3
1 (f) A governing body may not conduct meetings using a means of
2 electronic communication until the governing body: following occur:
3 (1) The governing body meets all requirements of this chapter.
4 and
5 (2) The governing body, by a favorable vote of a majority of the
6 members of the governing body, adopts a policy under subsection
7 (g) governing participation in meetings of the governing body by
8 electronic communication.
9 (3) This subdivision only applies to a governing body of a state
10 agency that:
11 (A) is a board, committee, commission, council, or other
12 body that is subordinate to the primary executive
13 governing body of the state agency; and
14 (B) has not adopted a policy under subsection (g).
15 The primary governing body of the agency may adopt a policy
16 under subsection (g) governing participation by electronic
17 communication in meetings of the subordinate governing
18 body by a favorable vote of a majority of the members of the
19 primary governing body. Nothing in this subdivision prohibits
20 the subordinate governing body, by a favorable vote of a
21 majority of the members of the subordinate governing body,
22 from subsequently amending the policy adopted by the
23 primary governing body.
24 (g) A policy adopted by a governing body to govern participation in
25 the governing body's meetings by electronic communication may do
26 any of the following:
27 (1) Require a member to request authorization to participate in a
28 meeting of the governing body by electronic communication
29 within a certain number of days before the meeting to allow for
30 arrangements to be made for the member's participation by
31 electronic communication.
32 (2) Subject to subsection (e), limit the number of members who
33 may participate in any one (1) meeting by electronic
34 communication.
35 (3) Limit the total number of meetings that the governing body
36 may conduct in a calendar year by electronic communication.
37 (4) Limit the number of meetings in a calendar year in which any
38 one (1) member of the governing body may participate by
39 electronic communication.
40 (5) Provide that a member who participates in a meeting by
41 electronic communication may not cast the deciding vote on any
42 official action. For purposes of this subdivision, a member casts
HB 1179—LS 7455/DI 77 4
1 the deciding vote on an official action if, regardless of the order
2 in which the votes are cast:
3 (A) the member votes with the majority; and
4 (B) the official action is adopted or defeated by one (1) vote.
5 (6) Require a member participating in a meeting by electronic
6 communication to confirm in writing the votes cast by the
7 member during the meeting within a certain number of days after
8 the date of the meeting.
9 (7) Provide that in addition to the location where a meeting is
10 conducted, the public may also attend some or all meetings of the
11 governing body, excluding executive sessions, at a public place
12 or public places at which a member is physically present and
13 participates by electronic communication. If the governing body's
14 policy includes this provision, a meeting notice must provide the
15 following information:
16 (A) The identity of each member who will be physically
17 present at a public place and participate in the meeting by
18 electronic communication.
19 (B) The address and telephone number of each public place
20 where a member will be physically present and participate by
21 electronic communication.
22 (C) Unless the meeting is an executive session, a statement
23 that a location described in clause (B) will be open and
24 accessible to the public.
25 (8) Require at least a quorum of members to be physically present
26 at the location where the meeting is conducted.
27 (9) Provide that a member participating by electronic
28 communication may vote on official action only if, subject to
29 subsection (e), a specified number of members:
30 (A) are physically present at the location where the meeting is
31 conducted; and
32 (B) concur in the official action.
33 (10) Establish any other procedures, limitations, or conditions that
34 govern participation in meetings of the governing body by
35 electronic communication and are not in conflict with this
36 chapter.
37 (h) The policy adopted by the governing body must be posted on the
38 Internet web site website of the governing body, the charter school, the
39 airport, the conservancy district, or the public agency.
40 (i) Nothing in this section affects a public agency's or charter
41 school's right to exclude the public from an executive session in which
42 a member participates by electronic communication.
HB 1179—LS 7455/DI 77 5
1 SECTION 2. IC 25-1-4-3, AS AMENDED BY P.L.168-2016,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]: Sec. 3. (a) Notwithstanding any other law, a board that
4 is specifically authorized or mandated to require continuing education
5 as a condition to renew a registration, certification, or license must
6 require a practitioner to comply with the following renewal
7 requirements: the following:
8 (1) The practitioner shall provide the board with a sworn
9 statement executed by the practitioner that the practitioner has
10 fulfilled the continuing education requirements required by the
11 board, after which the board will forward the sworn statement to
12 the agency (established by IC 25-1-5-3).
13 (1) All providers of continuing education courses to obtain
14 board approval for the course before providing a continuing
15 education course.
16 (2) Not later than thirty (30) days after the date a continuing
17 education course is provided to a practitioner, the continuing
18 education provider shall provide the board or agency
19 (established by IC 25-1-5-3) with copies of certificates of
20 completion for the practitioner in the form and manner
21 established by the agency.
22 (2) (3) The practitioner continuing education provider shall
23 retain copies of certificates of completion for continuing
24 education courses for three (3) years from the end of the licensing
25 period for which the continuing education applied. The
26 practitioner continuing education provider shall provide the
27 board or agency (established by IC 25-1-5-3) with copies of the
28 certificates of completion upon the board's or agency's request. for
29 a compliance audit.
30 (b) This subsection does not apply to an individual licensed under
31 IC 25-34.1. Following every license renewal period, the agency with
32 consultation from the board may randomly audit for compliance more
33 than one percent (1%) but less than ten percent (10%) of the
34 practitioners required to take continuing education courses.
35 (c) This subsection applies only to individuals licensed under
36 IC 25-34.1. Following every license renewal period for a broker's
37 license issued under IC 25-34.1, the agency in consultation with the
38 board may randomly audit for compliance more than one percent (1%)
39 but less than ten percent (10%) of the practitioners required to take
40 continuing education courses.
41 SECTION 3. IC 25-1-4-5, AS AMENDED BY P.L.177-2009,
42 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
HB 1179—LS 7455/DI 77 6
1 JULY 1, 2023]: Sec. 5. (a) Notwithstanding any other law, if the board
2 determines that a practitioner has not complied with this chapter or
3 IC 25-1-8-6 at the time that the practitioner applies for license renewal
4 or reinstatement or after an audit conducted under section 3 of this
5 chapter, the board shall do the following:
6 (1) Send the practitioner notice of noncompliance by certified
7 mail to the practitioner's last known address.
8 (2) As a condition of license renewal or reinstatement, require the
9 practitioner to comply with subsection (b).
10 (3) For license renewal, issue a conditional license to the
11 practitioner that is effective until the practitioner complies with
12 subsection (b).
13 (b) Upon service of a notice of noncompliance under subsection (a),
14 a practitioner shall do either of the following:
15 (1) If the practitioner believes that the practitioner has complied
16 with this chapter or IC 25-1-8-6, if applicable, within twenty-one
17 (21) days of service of the notice, send written notice to the board
18 requesting a review so that the practitioner may submit proof of
19 compliance.
20 (2) If the practitioner does not disagree with the board's
21 determination of noncompliance, do the following:
22 (A) Except as provided in subsection (d), pay to the board a
23 civil penalty not to exceed one thousand dollars ($1,000)
24 within twenty-one (21) days of service of the notice.
25 (B) Acquire, within six (6) months after service of the notice,
26 the number of credit hours needed to achieve full compliance.
27 (C) Comply with all other provisions of this chapter.
28 (c) If a practitioner fails to comply with subsection (b), the board
29 shall immediately suspend or refuse to reinstate the license of the
30 practitioner and send notice of the suspension or refusal to the
31 practitioner by certified mail.
32 (d) If the board determines that a practitioner has knowingly or
33 intentionally made a false or misleading statement to the board
34 concerning compliance with the continuing education requirements, in
35 addition to the requirements under this section the board may impose
36 a civil penalty of not more than five thousand dollars ($5,000) under
37 subsection (b)(2)(A).
38 (e) The board shall:
39 (1) reinstate a practitioner's license; or
40 (2) renew the practitioner's license in place of the conditional
41 license issued under subsection (a)(3);
42 if the practitioner supplies proof of compliance with this chapter under
HB 1179—LS 7455/DI 77 7
1 subsection (b)(1) or IC 25-1-8-6, if applicable.
2 SECTION 4. IC 25-1-4-6, AS AMENDED BY P.L.197-2007,
3 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2023]: Sec. 6. (a) Notwithstanding any other law, if at the time
5 a practitioner applies for license renewal or reinstatement or after an
6 audit conducted under section 3 of this chapter, the board determines
7 that the practitioner has failed to comply with this chapter or
8 IC 25-1-8-6, if applicable, and the practitioner has previously received
9 a notice of noncompliance under section 5(a) of this chapter during the
10 preceding license period, the board shall do the following:
11 (1) Provide the practitioner notice of noncompliance by certified
12 mail.
13 (2) Deny the practitioner's application for license renewal or
14 reinstatement.
15 (b) The board shall reinstate a license not renewed under subsection
16 (a) upon occurrence of the following:
17 (1) Payment by a practitioner to the board of a civil penalty
18 determined by the board, but not to exceed one thousand dollars
19 ($1,000).
20 (2) Acquisition by the practitioner of the number of credit hours
21 required to be obtained by the practitioner during the relevant
22 license period.
23 (3) The practitioner otherwise complies with this chapter.
24 SECTION 5. IC 25-1-6.5-5 IS ADDED TO THE INDIANA CODE
25 AS NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
26 1, 2023]: Sec. 5. A board may conduct a meeting electronically in
27 accordance with the requirements set forth in IC 5-14-1.5-3.6.
28 SECTION 6. IC 25-1-8-6, AS AMENDED BY P.L.3-2014,
29 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2023]: Sec. 6. (a) As used in this section, "board" means any
31 of the entities described in IC 25-0.5-10.
32 (b) This section does not apply to a license, certificate, or
33 registration that has been:
34 (1) revoked; or
35 (2) suspended; or
36 (3) surrendered or retired when a complaint or investigation
37 concerning professional conduct was pending.
38 (c) Notwithstanding any other law regarding the reinstatement of a
39 retired, inactive, surrendered, delinquent, or lapsed license,
40 certificate, or registration and except as provided in section 8 of this
41 chapter, the holder of a license, certificate, or registration that was
42 issued by the board that is three (3) years or less retired, inactive,
HB 1179—LS 7455/DI 77 8
1 surrendered, delinquent, or lapsed must be reinstated by the
2 licensing agency upon meeting the following requirements:
3 (1) Submission of the holder's completed renewal application.
4 (2) Payment of the current renewal fee established by the board
5 under section 2 of this chapter.
6 (3) Payment of a reinstatement fee established by the Indiana
7 professional licensing agency.
8 (4) If a law requires the holder to complete continuing education
9 as a condition of renewal, the holder:
10 (A) shall provide the board with a sworn statement, signed by
11 the holder, that the holder has fulfilled the continuing
12 education requirements required by the board; or
13 (B) shall, if the holder has not complied with the continuing
14 education requirements, meet any requirements imposed under
15 IC 25-1-4-5 and IC 25-1-4-6.
16 (d) Notwithstanding any other law regarding the reinstatement of a
17 retired, inactive, surrendered, delinquent, or lapsed license,
18 certificate, or registration and except as provided in section 8 of this
19 chapter, unless a statute specifically does not allow a license,
20 certificate, or registration to be reinstated if it has lapsed for more than
21 three (3) years, the holder of a license, certificate, or registration that
22 was issued by the board that is more than three (3) years retired,
23 inactive, surrendered, delinquent, or lapsed must be reinstated by the
24 licensing agency upon meeting the following requirements:
25 (1) Submission of the holder's completed renewal application.
26 (2) Payment of the current renewal fee established by the board
27 under section 2 of this chapter.
28 (3) Payment of a reinstatement fee equal to the current initial
29 application fee.
30 (4) If a law requires the holder to complete continuing education
31 as a condition of renewal, the holder:
32 (A) shall provide the board with a sworn statement, signed by
33 the holder, that the holder has fulfilled the continuing
34 education requirements required by the board; or
35 (B) shall, if the holder has not complied with the continuing
36 education requirements, meet any requirements imposed under
37 IC 25-1-4-5 and IC 25-1-4-6.
38 (5) Complete such remediation and additional training as deemed
39 appropriate by the board given the lapse of time involved.
40 (6) Any other requirement that is provided for in statute or rule
41 that is not related to fees.
42 SECTION 7. IC 25-1-8-8, AS AMENDED BY P.L.78-2017,
HB 1179—LS 7455/DI 77 9
1 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2023]: Sec. 8. (a) As used in this section, "board" has the
3 meaning set forth in section 6(a) of this chapter.
4 (b) The licensing agency may delay reinstating a license, certificate,
5 or registration for not more than one hundred twenty (120) days after
6 the date the applicant applies for reinstatement of a license, certificate,
7 or registration to permit the board to investigate information received
8 by the licensing agency that the applicant for reinstatement may have
9 committed an act for which the applicant may have violated standards
10 adopted by the board under section 9 of this chapter or be
11 disciplined. If the licensing agency delays reinstating a license,
12 certificate, or registration, the licensing agency shall notify the
13 applicant that the applicant is being investigated. Except as provided
14 in subsection (c), the board shall do one (1) of the following before the
15 expiration of the one hundred twenty (120) day period:
16 (1) Deny reinstatement of the license, certificate, or registration
17 following a personal appearance by the applicant before the
18 board.
19 (2) Reinstate the license, certificate, or registration upon
20 satisfaction of all other requirements for reinstatement.
21 (3) Reinstate the license and file a complaint under IC 25-1-7.
22 (4) Upon agreement of the applicant and the board and following
23 a personal appearance by the applicant before the board, reinstate
24 the license, certificate, or registration and place the applicant on
25 probation status under IC 25-1-9-9 or IC 25-1-11-12.
26 (c) If an applicant fails to appear before the board under subsection
27 (b), the board may take action as provided in subsection (b)(1), (b)(2),
28 or (b)(3).
29 (d) The license, certificate, or registration of the applicant for
30 license reinstatement remains invalid during the one hundred twenty
31 (120) day period unless:
32 (1) the license, certificate, or registration is reinstated following
33 a personal appearance by the applicant before the board before
34 the end of the one hundred twenty (120) day period;
35 (2) the board issues a conditional license to the practitioner that
36 is effective until the reinstatement is denied or the license is
37 reinstated; or
38 (3) the reinstatement is denied.
39 If the one hundred twenty (120) day period expires without action by
40 the board, the license, certificate, or registration shall be automatically
41 reinstated at the end of the one hundred twenty (120) day period.
42 (e) The board's reinstatement of a license, certificate, or
HB 1179—LS 7455/DI 77 10
1 registration does not preclude the board from imposing sanctions on
2 the licensee as a result of a complaint filed by the attorney general after
3 reinstatement of the license, certificate, or registration.
4 SECTION 8. IC 25-1-8-9 IS ADDED TO THE INDIANA CODE
5 AS NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
6 1, 2023]: Sec. 9. Each board shall:
7 (1) make available on its website; and
8 (2) provide the licensing agency;
9 a list of standards, including any explicit crimes, that complies with
10 the requirements under IC 25-1-1.1-6, that require a personal
11 appearance before the board by the applicant.
12 SECTION 9. IC 25-1-21-1, AS ADDED BY P.L.149-2022,
13 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2023]: Sec. 1. (a) This chapter does not apply to any of the
15 following licenses:
16 (1) A certified public accountant license issued under
17 IC 25-2.1-4.
18 (2) An architect license issued under IC 25-4-1.
19 (3) A landscape architect license issued under IC 25-4-2.
20 (4) An auctioneer license issued under IC 25-6.1-3.
21 (5) The following licenses issued under IC 25-8-4:
22 (A) An esthetician license.
23 (B) A cosmetologist license.
24 (C) A manicurist license.
25 (D) A beauty culture instructor license.
26 (E) An electrologist license.
27 (F) A barber license.
28 (6) A funeral director license issued under 25-15-4.
29 (7) A licensed home inspector license issued under 25-20.2-5.
30 (8) A surveyor license issued under IC 25-21.5-5.
31 (9) A massage therapist license issued under IC 25-21.8-5.
32 (1) (10) Any type of social work license issued under
33 IC 25-23.6-5.
34 (2) (11) Any type of marriage and family therapist license issued
35 under IC 25-23.6-8.
36 (3) (12) Any type of mental health counselor license issued under
37 IC 25-23.6-8.5.
38 (4) (13) Any type of addiction counselor or clinical addiction
39 counselor license issued under IC 25-23.6-10.5.
40 (14) A professional engineer license issued under IC 25-31-1.
41 (15) The following licenses issued under IC 25-34.1-3:
42 (A) A certified residential appraiser license.
HB 1179—LS 7455/DI 77 11
1 (B) A certified general appraiser license.
2 (C) A real estate broker license.
3 (5) (16) Any type of respiratory care practitioner license issued
4 under IC 25-34.5.
5 (b) This chapter does not prohibit an applicant from proceeding
6 under other licensure, certification, registration, or permit requirements
7 established by a board or another law.
8 SECTION 10. IC 25-1-21-2, AS ADDED BY P.L.149-2022,
9 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2023]: Sec. 2. As used in this chapter, "board" means:
11 (1) any of the entities described in IC 25-0.5-11; or
12 (2) any of the entities described in IC 25-0.5-12-1 that issues
13 a license to which this chapter applies.
14 SECTION 11. IC 25-1-21-7, AS ADDED BY P.L.149-2022,
15 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2023]: Sec. 7. (a) Notwithstanding any other law, an applicant
17 for a license or certificate is entitled to a provisional license or
18 provisional certificate in the occupation applied for and at the same
19 practice level as determined by the board, without an examination, if
20 all of the following conditions are met:
21 (1) The individual submits a signed affidavit affirming, under the
22 penalties for perjury, the following:
23 (A) The individual is in good standing in all states and
24 jurisdictions in which the individual holds a license or
25 certificate for the occupation applied for.
26 (B) The individual has not had a license revoked and has not
27 voluntarily surrendered a license in another state or
28 jurisdiction while under investigation for unprofessional
29 conduct.
30 (C) The individual has not had discipline imposed by the
31 regulating agency for the occupation in another state or
32 jurisdiction.
33 (D) The individual does not have a complaint or an
34 investigation pending before the regulating agency in another
35 state or jurisdiction that relates to unprofessional conduct.
36 (2) The individual does not have a disqualifying criminal history,
37 as determined by the board, if a national criminal history
38 background check (as defined in IC 25-1-1.1-4) is required under
39 IC 25-1-1.1-4 for the occupation for which the applicant seeks a
40 license or certificate.
41 (3) The individual submits verification that the individual is
42 currently licensed or certified in at least one (1) other state or
HB 1179—LS 7455/DI 77 12
1 jurisdiction in the occupation applied for.
2 (4) The individual has submitted an application for a license or
3 certificate under this chapter with the board and has paid any
4 application fee.
5 (b) An applicant who has met the requirements in subsection (a)
6 shall be issued a provisional license or provisional certificate by the
7 professional licensing agency not more than thirty (30) days after the
8 requirements are met.
9 (c) A provisional license or provisional certificate expires on the
10 earlier of the following:
11 (1) Three hundred sixty-five (365) days after it is issued.
12 (2) The date on which the board approves and issues the
13 individual a license or certificate for the occupation.
14 (3) The date on which the board denies the individual's
15 application for a license or certificate for the occupation.
16 (d) In addition to any other penalties for perjury, an individual who
17 violates this section commits a Class A infraction.
18 (e) If the board discovers that any of the information submitted
19 under this section is false, the board may immediately revoke the
20 individual's provisional license or provisional certificate.
21 (f) This section does not apply to a license or certificate that is
22 established by or recognized through an interstate compact, a
23 reciprocity agreement, or a comity agreement that is established by a
24 board or a law.
25 (g) The board shall make a final decision on a license or certificate
26 application before the expiration of a provisional license or provisional
27 certificate issued under this section. If the board does not make a
28 final decision on a completed application for a license or certificate
29 before the expiration of a provisional license or provisional
30 certificate, the professional licensing agency shall issue the
31 applicant a license or certificate for the occupation.
32 SECTION 12. IC 25-4-1-18.5 IS ADDED TO THE INDIANA
33 CODE AS A NEW SECTION TO READ AS FOLLOWS
34 [EFFECTIVE JULY 1, 2023]: Sec. 18.5. (a) An individual who has
35 graduated from a school or college of architecture accredited by
36 the National Architecture Accrediting Board, Inc., or its successor
37 may profess to be an "architectural graduate" and use the term to
38 describe the individual.
39 (b) An individual currently enrolled in, but not yet graduated
40 from, a school or college of architecture accredited by the National
41 Architecture Accrediting Board, Inc., or its successor may profess
42 to be an "architectural intern" and use the term to describe the
HB 1179—LS 7455/DI 77 13
1 individual.
2 SECTION 13. IC 25-4-2-10.5 IS ADDED TO THE INDIANA
3 CODE AS A NEW SECTION TO READ AS FOLLOWS
4 [EFFECTIVE JULY 1, 2023]: Sec. 10.5. (a) An individual who has
5 graduated from an accredited curriculum of landscape
6 architecture presented by a college or school approved by the
7 board may profess to be a "landscape architectural graduate" and
8 use the term to describe the individual.
9 (b) An individual currently enrolled in, but not yet graduated
10 from, an accredited curriculum of landscape architecture
11 presented by a college or school approved by the board may
12 profess to be a "landscape architectural intern" and use the term
13 to describe the individual.
14 SECTION 14. IC 25-13-1-8, AS AMENDED BY P.L.78-2017,
15 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2023]: Sec. 8. (a) A license to practice dental hygiene in
17 Indiana may be issued to candidates who pass an examination
18 administered by an entity that has been approved by the board. Subject
19 to IC 25-1-2-6(e), the license shall be valid for the remainder of the
20 renewal period in effect on the date the license was issued.
21 (b) Prior to the issuance of the license, the applicant shall pay a fee
22 set by the board under section 5 of this chapter. Subject to
23 IC 25-1-2-6(e), a license issued by the board expires on a date specified
24 by the Indiana professional licensing agency under IC 25-1-5-4(l) of
25 each even-numbered year.
26 (c) Subject to IC 25-1-2-6(e), an applicant for license renewal must
27 satisfy the following conditions:
28 (1) Pay:
29 (A) the renewal fee set by the board under section 5 of this
30 chapter on or before the renewal date specified by the Indiana
31 professional licensing agency in each even-numbered year;
32 and
33 (B) a compliance fee of twenty dollars ($20) to be deposited in
34 the dental compliance fund established by IC 25-14-1-3.7.
35 (2) Subject to IC 25-1-4-3, provide the board with a sworn
36 statement signed by the applicant attesting that the applicant has
37 fulfilled the continuing education requirements under IC 25-13-2.
38 (3) (2) Be currently certified or successfully complete a course in
39 basic life support through a program approved by the board. The
40 board may waive the basic life support requirement for applicants
41 who show reasonable cause.
42 (d) If the holder of a license does not renew the license on or before
HB 1179—LS 7455/DI 77 14
1 the renewal date specified by the Indiana professional licensing agency,
2 the license expires and becomes invalid without any action by the
3 board.
4 (e) A license invalidated under subsection (d) may be reinstated by
5 the board in three (3) years or less after such invalidation if the holder
6 of the license meets the requirements under IC 25-1-8-6(c).
7 (f) If a license remains invalid under subsection (d) for more than
8 three (3) years, the holder of the invalid license may obtain a reinstated
9 license by meeting the requirements for reinstatement under
10 IC 25-1-8-6(d). The board may require the licensee to participate in
11 remediation or pass an examination administered by an entity approved
12 by the board.
13 (g) The board may require the holder of an invalid license who files
14 an application under this subsection to appear before the board and
15 explain why the holder failed to renew the license.
16 (h) The board may adopt rules under section 5 of this chapter
17 establishing requirements for the reinstatement of a license that has
18 been invalidated for more than three (3) years.
19 (i) The license to practice must be displayed at all times in plain
20 view of the patients in the office where the holder is engaged in
21 practice. No person may lawfully practice dental hygiene who does not
22 possess a license and its current renewal.
23 (j) Biennial renewals of licenses are subject to the provisions of
24 IC 25-1-2.
25 SECTION 15. IC 25-14-1-10, AS AMENDED BY P.L.78-2017,
26 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2023]: Sec. 10. (a) Subject to IC 25-1-2-6(e), unless renewed,
28 a license issued by the board expires on a date specified by the agency
29 under IC 25-1-5-4(l). An applicant for renewal shall pay the renewal
30 fee set by the board under section 13 of this chapter on or before the
31 renewal date specified by the agency. In addition to the renewal fee set
32 by the board, an applicant for renewal shall pay a compliance fee of
33 twenty dollars ($20) to be deposited in the dental compliance fund
34 established by section 3.7 of this chapter.
35 (b) The license shall be properly displayed at all times in the office
36 of the person named as the holder of the license, and a person may not
37 be considered to be in legal practice if the person does not possess the
38 license and renewal card.
39 (c) If a holder of a dental license does not renew the license on or
40 before the renewal date specified by the agency, without any action by
41 the board the license together with any related renewal card is
42 invalidated.
HB 1179—LS 7455/DI 77 15
1 (d) Except as provided in section 27.1 of this chapter, a license
2 invalidated under subsection (c) may be reinstated by the board in three
3 (3) years or less after its invalidation if the holder of the license meets
4 the requirements under IC 25-1-8-6(c).
5 (e) Except as provided in section 27.1 of this chapter, if a license
6 remains invalid under subsection (c) for more than three (3) years, the
7 holder of the invalid license may obtain a reinstated license by
8 satisfying the requirements for reinstatement under IC 25-1-8-6(d).
9 (f) The board may require the holder of an invalid license who files
10 an application under this subsection to appear before the board and
11 explain why the holder failed to renew the license.
12 (g) The board may adopt rules under section 13 of this chapter
13 establishing requirements for the reinstatement of a license that has
14 been invalidated for more than three (3) years. The fee for a duplicate
15 license to practice as a dentist is subject to IC 25-1-8-2.
16 (h) Biennial renewal of licenses is subject to IC 25-1-2.
17 (i) Subject to IC 25-1-4-3, an application for renewal of a license
18 under this section must contain a sworn statement signed by the
19 applicant attesting that the applicant has fulfilled the continuing
20 education requirements under IC 25-14-3.
21 SECTION 16. IC 25-14.5-6-1.1, AS ADDED BY P.L.90-2019,
22 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2023]: Sec. 1.1. (a) Subject to IC 25-1-2-6(e), a license issued
24 under this article expires on a date established by the agency under
25 IC 25-1-5-4 in the next even-numbered year following the year in
26 which the license was issued.
27 (b) An individual who holds a license issued under this article may
28 renew the license by
29 (1) paying, on or before the expiration date of the license, a
30 renewal fee set by the board. and
31 (2) subject to IC 25-1-4-3, providing a sworn statement attesting
32 that the licensed dietitian has completed the continuing education
33 required by the board.
34 (c) If an individual fails to pay a renewal fee under subsection (b)
35 on or before the expiration date of the individual's license, the license
36 becomes invalid.
37 SECTION 17. IC 25-20-1-25, AS AMENDED BY P.L.178-2014,
38 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2023]: Sec. 25. (a) This section applies only to a registrant
40 who has held a certificate issued under this chapter for at least eighteen
41 (18) months.
42 (b) To renew a hearing aid dealer certificate of registration issued
HB 1179—LS 7455/DI 77 16
1 under this chapter, a registrant must complete at least twenty (20) hours
2 of credit in continuing education courses.
3 (c) To satisfy the requirements of subsection (b), a registrant may
4 use only credit hours earned in continuing education courses completed
5 by the registrant:
6 (1) after the last date the registrant renewed a certificate under
7 this chapter; or
8 (2) if the registrant is renewing a certificate for the first time, after
9 the date the registrant was issued the certificate under this
10 chapter.
11 (d) A registrant may receive credit only for completing continuing
12 education courses that have been approved by the committee, the
13 American Speech-Language-Hearing Association, or the International
14 Institute for Hearing Instrument Studies.
15 (e) When a registrant renews a certificate issued under this chapter,
16 the registrant must comply with IC 25-1-4-3.
17 SECTION 18. IC 25-23-1-19.7, AS AMENDED BY P.L.129-2018,
18 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2023]: Sec. 19.7. (a) This subsection applies to an applicant
20 for renewal who has never received a renewal of prescriptive authority
21 under section 19.5 of this chapter and whose prescriptive authority has
22 never lapsed. If the applicant was initially granted prescriptive
23 authority:
24 (1) less than twelve (12) months before the expiration date of the
25 prescriptive authority, no continuing education is required; or
26 (2) at least twelve (12) months before the expiration date of the
27 prescriptive authority, the applicant shall subject to IC 25-1-4-3,
28 attest to the board that the applicant has have successfully
29 completed at least fifteen (15) contact hours of continuing
30 education. The hours must:
31 (A) be completed after the prescriptive authority was granted
32 and before the expiration of the prescriptive authority;
33 (B) include at least four (4) contact hours of pharmacology;
34 and
35 (C) be approved by a nationally approved sponsor of
36 continuing education for nurses, approved by the board, and
37 listed by the Indiana professional licensing agency as approved
38 hours.
39 (b) This subsection applies to an applicant for renewal of
40 prescriptive authority under section 19.5 of this chapter who is not
41 described in subsection (a). The applicant shall subject to IC 25-1-4-3,
42 attest to the board that the applicant has have successfully completed
HB 1179—LS 7455/DI 77 17
1 at least thirty (30) contact hours of continuing education. The hours
2 must:
3 (1) be completed within the two (2) years immediately preceding
4 the renewal;
5 (2) include at least eight (8) contact hours of pharmacology; and
6 (3) be approved by a nationally approved sponsor of continuing
7 education for nurses, be approved by the board, and be listed by
8 the Indiana professional licensing agency as approved hours.
9 (c) An applicant for renewal of prescriptive authority under this
10 section must maintain national certification or certification
11 equivalence, as required by section 19.5(d) of this chapter.
12 SECTION 19. IC 25-24-1-14, AS AMENDED BY P.L.177-2015,
13 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2023]: Sec. 14. (a) In each even-numbered year, the Indiana
15 professional licensing agency shall issue a ninety (90) day notice of
16 expiration and a license renewal application in accordance with
17 IC 25-1-2-6 to each optometrist licensed in Indiana. The application
18 shall be mailed to the last known address of the optometrist.
19 (b) The payment of the renewal fee must be made on or before the
20 date established by the licensing agency under IC 25-1-5-4. Subject to
21 IC 25-1-2-6(e), the applicant's license expires and becomes invalid if
22 the applicant has not paid the renewal fee by the date established by the
23 licensing agency.
24 (c) The license shall be reinstated by the board not later than three
25 (3) years after its expiration if the applicant for reinstatement meets the
26 requirements under IC 25-1-8-6(c).
27 (d) Reinstatement of an expired license after the expiration of the
28 three (3) year period provided in subsection (c) is dependent upon the
29 applicant satisfying the requirements for reinstatement under
30 IC 25-1-8-6(d).
31 (e) The board may classify a license as inactive if the board receives
32 written notification from a licensee stating that the licensee will not
33 maintain an office or practice optometry in Indiana. The renewal fee for
34 an inactive license is one-half (1/2) the license renewal fee set by the
35 board under section 1 of this chapter.
36 (f) The holder of an inactive license is not required to fulfill
37 continuing education requirements set by the board. The board may
38 issue a license to the holder of an inactive license if the applicant:
39 (1) pays the renewal fee set by the board under section 1 of this
40 chapter; and
41 (2) pays the reinstatement fee set by the board under section 1 of
42 this chapter. and
HB 1179—LS 7455/DI 77 18
1 (3) subject to IC 25-1-4-3, attests that the applicant obtained the
2 continuing education required by the board under section 1 of this
3 chapter for each year, or portion of a year during which the
4 applicant's license has been classified as inactive.
5 SECTION 20. IC 25-26-13-14, AS AMENDED BY P.L.177-2015,
6 SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2023]: Sec. 14. (a) Subject to IC 25-1-2-6(e), a pharmacist's
8 license expires biennially on the date established by the licensing
9 agency under IC 25-1-5-4, unless renewed before that date.
10 (b) Subject to IC 25-1-2-6(e), if an application for renewal is not
11 filed and the required fee paid before the established biennial renewal
12 date, the license expires and becomes invalid without any action taken
13 by the board.
14 (c) Subject to IC 25-1-4-3, a statement attesting that the pharmacist
15 has met the continuing education requirements shall be submitted with
16 the application for license renewal.
17 (d) (c) If a pharmacist surrenders the pharmacist's license to practice
18 pharmacy in Indiana, the board may subsequently consider
19 reinstatement of the pharmacist's license upon written request of the
20 pharmacist. The board may impose any conditions it considers
21 appropriate to the surrender or to the reinstatement of a surrendered
22 license. The practitioner may not voluntarily surrender the
23 practitioner's license to the board without the written consent of the
24 board if any disciplinary proceedings are pending against the
25 practitioner under this chapter or IC 25-1-9.
26 (e) (d) If a license has been expired for not more than three (3)
27 years, the board may reinstate the license only if the person meets the
28 requirements under IC 25-1-8-6(c).
29 (f) (e) If a license has been expired for more than three (3) years, the
30 license may be reinstated by the board if the holder of the license meets
31 the requirements for reinstatement under IC 25-1-8-6(d).
32 (g) (f) The board may require a person who applies for a license
33 under subsection (e) (d) to appear before the board and explain the
34 reason the person failed to renew the person's license.
HB 1179—LS 7455/DI 77 19
COMMITTEE REPORT
Mr. Speaker: Your Committee on Government and Regulatory
Reform, to which was referred House Bill 1179, has had the same
under consideration and begs leave to report the same back to the
House with the recommendation that said bill be amended as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 5-14-1.5-3.6, AS AMENDED BY P.L.124-2022,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 3.6. (a) This section applies only to a governing
body of the following:
(1) A charter school.
(2) A public agency of the state, including a body corporate and
politic established as an instrumentality of the state.
(3) An airport authority or a department of aviation under IC 8-22.
(4) A conservancy district under IC 14-33.
(b) A member of a governing body who is not physically present at
a meeting of the governing body may participate in a meeting of the
governing body by electronic communication only if the member uses
a means of communication that permits:
(1) the member;
(2) all other members participating in the meeting;
(3) all members of the public physically present at the place
where the meeting is conducted; and
(4) if the meeting is conducted under a policy adopted under
subsection (g)(7), all members of the public physically present at
a public location at which a member participates by means of
electronic communication;
to simultaneously communicate with each other during the meeting.
(c) The governing body must fulfill both of the following
requirements for a member of the governing body to participate in a
meeting by electronic communication:
(1) This subdivision does not apply to committees appointed by
a board of trustees of a state educational institution, by the
commission for higher education, by the board of the Indiana
economic development corporation, or by the board of directors
of the Indiana secondary market for education loans, as
established, incorporated, and designated under IC 21-16-5-1.
This subdivision does not apply to a governing body if at least
fifty-one percent (51%) of the governing body membership
consists of individuals with a disability (as described in
HB 1179—LS 7455/DI 77 20
IC 12-12-8-3.4) or individuals with a significant disability (as
described in IC 12-12-8-3.6), or both. The minimum number of
members who must be physically present at the place where the
meeting is conducted must be the greater of:
(A) two (2) of the members; or
(B) one-third (1/3) of the members.
(2) All votes of the governing body during the electronic meeting
must be taken by roll call vote.
Nothing in this section affects the public's right under this chapter to
attend a meeting of the governing body at the place where the meeting
is conducted and the minimum number of members is physically
present as provided for in subdivision (1).
(d) Each member of the governing body is required to physically
attend at least one (1) meeting of the governing body annually. This
subsection does not apply to a governing body if at least fifty-one
percent (51%) of the governing body membership consists of
individuals with a disability (as described in IC 12-12-8-3.4) or
individuals with a significant disability (as described in
IC 12-12-8-3.6), or both.
(e) Unless a policy adopted by a governing body under subsection
(g) provides otherwise, a member who participates in a meeting by
electronic communication:
(1) is considered to be present at the meeting;
(2) shall be counted for purposes of establishing a quorum; and
(3) may vote at the meeting.
(f) A governing body may not conduct meetings using a means of
electronic communication until the governing body: following:
(1) The governing body meets all requirements of this chapter.
and
(2) The governing body, by a favorable vote of a majority of the
members of the governing body, adopts a policy under subsection
(g) governing participation in meetings of the governing body by
electronic communication.
(3) This subdivision only applies to a governing body of a state
agency that is:
(A) a board, committee, commission, council, or other body
that is subordinate to the primary executive governing
body of the state agency; and
(B) has not adopted a policy under subsection (g).
The primary governing body of the agency may adopt a policy
under subsection (g) governing participation by electronic
communication in meetings of the subordinate governing
HB 1179—LS 7455/DI 77 21
body by a favorable vote of a majority of the members of the
primary governing body. Nothing in this subdivision prohibits
the subordinate governing body, by a favorable vote of a
majority of the members of the subordinate governing body,
from subsequently amending the policy adopted by the
primary governing body.
(g) A policy adopted by a governing body to govern participation in
the governing body's meetings by electronic communication may do
any of the following:
(1) Require a member to request authorization to participate in a
meeting of the governing body by electronic communication
within a certain number of days before the meeting to allow for
arrangements to be made for the member's participation by
electronic communication.
(2) Subject to subsection (e), limit the number of members who
may participate in any one (1) meeting by electronic
communication.
(3) Limit the total number of meetings that the governing body
may conduct in a calendar year by electronic communication.
(4) Limit the number of meetings in a calendar year in which any
one (1) member of the governing body may participate by
electronic communication.
(5) Provide that a member who participates in a meeting by
electronic communication may not cast the deciding vote on any
official action. For purposes of this subdivision, a member casts
the deciding vote on an official action if, regardless of the order
in which the votes are cast:
(A) the member votes with the majority; and
(B) the official action is adopted or defeated by one (1) vote.
(6) Require a member participating in a meeting by electronic
communication to confirm in writing the votes cast by the
member during the meeting within a certain number of days after
the date of the meeting.
(7) Provide that in addition to the location where a meeting is
conducted, the public may also attend some or all meetings of the
governing body, excluding executive sessions, at a public place
or public places at which a member is physically present and
participates by electronic communication. If the governing body's
policy includes this provision, a meeting notice must provide the
following information:
(A) The identity of each member who will be physically
present at a public place and participate in the meeting by
HB 1179—LS 7455/DI 77 22
electronic communication.
(B) The address and telephone number of each public place
where a member will be physically present and participate by
electronic communication.
(C) Unless the meeting is an executive session, a statement
that a location described in clause (B) will be open and
accessible to the public.
(8) Require at least a quorum of members to be physically present
at the location where the meeting is conducted.
(9) Provide that a member participating by electronic
communication may vote on official action only if, subject to
subsection (e), a specified number of members:
(A) are physically present at the location where the meeting is
conducted; and
(B) concur in the official action.
(10) Establish any other procedures, limitations, or conditions that
govern participation in meetings of the governing body by
electronic communication and are not in conflict with this
chapter.
(h) The policy adopted by the governing body must be posted on the
Internet web site website of the governing body, the charter school, the
airport, the conservancy district, or the public agency.
(i) Nothing in this section affects a public agency's or charter
school's right to exclude the public from an executive session in which
a member participates by electronic communication.
SECTION 2. IC 25-1-4-3, AS AMENDED BY P.L.168-2016,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 3. (a) Notwithstanding any other law, a board that
is specifically authorized or mandated to require continuing education
as a condition to renew a registration, certification, or license must
require a practitioner to comply with the following renewal
requirements: the following:
(1) The practitioner shall provide the board with a sworn
statement executed by the practitioner that the practitioner has
fulfilled the continuing education requirements required by the
board, after which the board will forward the sworn statement to
the agency (established by IC 25-1-5-3).
(1) All providers of continuing education courses to obtain
board approval for the course before providing a continuing
education course.
(2) Not later than thirty (30) days after the date a continuing
education course is provided to a practitioner, the continuing
HB 1179—LS 7455/DI 77 23
education provider shall provide the board or agency
(established by IC 25-1-5-3) with copies of certificates of
completion for the practitioner in the form and manner
established by the agency.
(2) (3) The practitioner continuing education provider shall
retain copies of certificates of completion for continuing
education courses for three (3) years from the end of the licensing
period for which the continuing education applied. The
practitioner continuing education provider shall provide the
board or agency (established by IC 25-1-5-3) with copies of the
certificates of completion upon the board's or agency's request. for
a compliance audit.
(b) This subsection does not apply to an individual licensed under
IC 25-34.1. Following every license renewal period, the agency with
consultation from the board may randomly audit for compliance more
than one percent (1%) but less than ten percent (10%) of the
practitioners required to take continuing education courses.
(c) This subsection applies only to individuals licensed under
IC 25-34.1. Following every license renewal period for a broker's
license issued under IC 25-34.1, the agency in consultation with the
board may randomly audit for compliance more than one percent (1%)
but less than ten percent (10%) of the practitioners required to take
continuing education courses.
SECTION 3. IC 25-1-4-5, AS AMENDED BY P.L.177-2009,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 5. (a) Notwithstanding any other law, if the board
determines that a practitioner has not complied with this chapter or
IC 25-1-8-6 at the time that the practitioner applies for license renewal
or reinstatement or after an audit conducted under section 3 of this
chapter, the board shall do the following:
(1) Send the practitioner notice of noncompliance by certified
mail to the practitioner's last known address.
(2) As a condition of license renewal or reinstatement, require the
practitioner to comply with subsection (b).
(3) For license renewal, issue a conditional license to the
practitioner that is effective until the practitioner complies with
subsection (b).
(b) Upon service of a notice of noncompliance under subsection (a),
a practitioner shall do either of the following:
(1) If the practitioner believes that the practitioner has complied
with this chapter or IC 25-1-8-6, if applicable, within twenty-one
(21) days of service of the notice, send written notice to the board
HB 1179—LS 7455/DI 77 24
requesting a review so that the practitioner may submit proof of
compliance.
(2) If the practitioner does not disagree with the board's
determination of noncompliance, do the following:
(A) Except as provided in subsection (d), pay to the board a
civil penalty not to exceed one thousand dollars ($1,000)
within twenty-one (21) days of service of the notice.
(B) Acquire, within six (6) months after service of the notice,
the number of credit hours needed to achieve full compliance.
(C) Comply with all other provisions of this chapter.
(c) If a practitioner fails to comply with subsection (b), the board
shall immediately suspend or refuse to reinstate the license of the
practitioner and send notice of the suspension or refusal to the
practitioner by certified mail.
(d) If the board determines that a practitioner has knowingly or
intentionally made a false or misleading statement to the board
concerning compliance with the continuing education requirements, in
addition to the requirements under this section the board may impose
a civil penalty of not more than five thousand dollars ($5,000) under
subsection (b)(2)(A).
(e) The board shall:
(1) reinstate a practitioner's license; or
(2) renew the practitioner's license in place of the conditional
license issued under subsection (a)(3);
if the practitioner supplies proof of compliance with this chapter under
subsection (b)(1) or IC 25-1-8-6, if applicable.
SECTION 4. IC 25-1-4-6, AS AMENDED BY P.L.197-2007,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 6. (a) Notwithstanding any other law, if at the time
a practitioner applies for license renewal or reinstatement or after an
audit conducted under section 3 of this chapter, the board determines
that the practitioner has failed to comply with this chapter or
IC 25-1-8-6, if applicable, and the practitioner has previously received
a notice of noncompliance under section 5(a) of this chapter during the
preceding license period, the board shall do the following:
(1) Provide the practitioner notice of noncompliance by certified
mail.
(2) Deny the practitioner's application for license renewal or
reinstatement.
(b) The board shall reinstate a license not renewed under subsection
(a) upon occurrence of the following:
(1) Payment by a practitioner to the board of a civil penalty
HB 1179—LS 7455/DI 77 25
determined by the board, but not to exceed one thousand dollars
($1,000).
(2) Acquisition by the practitioner of the number of credit hours
required to be obtained by the practitioner during the relevant
license period.
(3) The practitioner otherwise complies with this chapter.".
Page 1, line 13, after "surrendered" insert "or retired".
Page 4, delete lines 14 through 17, begin a new paragraph and
insert:
"SECTION 8. IC 25-1-21-1, AS ADDED BY P.L.149-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 1. (a) This chapter does not apply to any of the
following licenses:
(1) A certified public accountant license issued under
IC 25-2.1-4.
(2) An architect license issued under IC 25-4-1.
(3) A landscape architect license issued under IC 25-4-2.
(4) An auctioneer license issued under IC 25-6.1-3.
(5) The following licenses issued under IC 25-8-4:
(A) An esthetician license.
(B) A cosmetologist license.
(C) A manicurist license.
(D) A beauty culture instructor license.
(E) An electrologist license.
(F) A barber license.
(6) A funeral director license issued under 25-15-4.
(7) A licensed home inspector license issued under 25-20.2-5.
(8) A surveyor license issued under IC 25-21.5-5.
(9) A massage therapist license issued under IC 25-21.8-5.
(1) (10) Any type of social work license issued under
IC 25-23.6-5.
(2) (11) Any type of marriage and family therapist license issued
under IC 25-23.6-8.
(3) (12) Any type of mental health counselor license issued under
IC 25-23.6-8.5.
(4) (13) Any type of addiction counselor or clinical addiction
counselor license issued under IC 25-23.6-10.5.
(14) A professional engineer license issued under IC 25-31-1.
(15) The following licenses issued under IC 25-34.1-3:
(A) A certified residential appraiser license.
(B) A certified general appraiser license.
(C) A real estate broker license.
HB 1179—LS 7455/DI 77 26
(5) (16) Any type of respiratory care practitioner license issued
under IC 25-34.5.
(b) This chapter does not prohibit an applicant from proceeding
under other licensure, certification, registration, or permit requirements
established by a board or another law.
SECTION 9. IC 25-1-21-2, AS ADDED BY P.L.149-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 2. As used in this chapter, "board" means:
(1) any of the entities described in IC 25-0.5-11; or
(2) any of the entities described in IC 25-0.5-12-1 that issues
a license to which this chapter applies.".
Page 5, line 32, delete "license or certificate application" and insert
"completed application for a license or certificate".
Page 5, after line 35, begin a new paragraph and insert:
"SECTION 11. IC 25-13-1-8, AS AMENDED BY P.L.78-2017,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 8. (a) A license to practice dental hygiene in
Indiana may be issued to candidates who pass an examination
administered by an entity that has been approved by the board. Subject
to IC 25-1-2-6(e), the license shall be valid for the remainder of the
renewal period in effect on the date the license was issued.
(b) Prior to the issuance of the license, the applicant shall pay a fee
set by the board under section 5 of this chapter. Subject to
IC 25-1-2-6(e), a license issued by the board expires on a date specified
by the Indiana professional licensing agency under IC 25-1-5-4(l) of
each even-numbered year.
(c) Subject to IC 25-1-2-6(e), an applicant for license renewal must
satisfy the following conditions:
(1) Pay:
(A) the renewal fee set by the board under section 5 of this
chapter on or before the renewal date specified by the Indiana
professional licensing agency in each even-numbered year;
and
(B) a compliance fee of twenty dollars ($20) to be deposited in
the dental compliance fund established by IC 25-14-1-3.7.
(2) Subject to IC 25-1-4-3, provide the board with a sworn
statement signed by the applicant attesting that the applicant has
fulfilled the continuing education requirements under IC 25-13-2.
(3) (2) Be currently certified or successfully complete a course in
basic life support through a program approved by the board. The
board may waive the basic life support requirement for applicants
who show reasonable cause.
HB 1179—LS 7455/DI 77 27
(d) If the holder of a license does not renew the license on or before
the renewal date specified by the Indiana professional licensing agency,
the license expires and becomes invalid without any action by the
board.
(e) A license invalidated under subsection (d) may be reinstated by
the board in three (3) years or less after such invalidation if the holder
of the license meets the requirements under IC 25-1-8-6(c).
(f) If a license remains invalid under subsection (d) for more than
three (3) years, the holder of the invalid license may obtain a reinstated
license by meeting the requirements for reinstatement under
IC 25-1-8-6(d). The board may require the licensee to participate in
remediation or pass an examination administered by an entity approved
by the board.
(g) The board may require the holder of an invalid license who files
an application under this subsection to appear before the board and
explain why the holder failed to renew the license.
(h) The board may adopt rules under section 5 of this chapter
establishing requirements for the reinstatement of a license that has
been invalidated for more than three (3) years.
(i) The license to practice must be displayed at all times in plain
view of the patients in the office where the holder is engaged in
practice. No person may lawfully practice dental hygiene who does not
possess a license and its current renewal.
(j) Biennial renewals of licenses are subject to the provisions of
IC 25-1-2.
SECTION 12. IC 25-14-1-10, AS AMENDED BY P.L.78-2017,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 10. (a) Subject to IC 25-1-2-6(e), unless renewed,
a license issued by the board expires on a date specified by the agency
under IC 25-1-5-4(l). An applicant for renewal shall pay the renewal
fee set by the board under section 13 of this chapter on or before the
renewal date specified by the agency. In addition to the renewal fee set
by the board, an applicant for renewal shall pay a compliance fee of
twenty dollars ($20) to be deposited in the dental compliance fund
established by section 3.7 of this chapter.
(b) The license shall be properly displayed at all times in the office
of the person named as the holder of the license, and a person may not
be considered to be in legal practice if the person does not possess the
license and renewal card.
(c) If a holder of a dental license does not renew the license on or
before the renewal date specified by the agency, without any action by
the board the license together with any related renewal card is
HB 1179—LS 7455/DI 77 28
invalidated.
(d) Except as provided in section 27.1 of this chapter, a license
invalidated under subsection (c) may be reinstated by the board in three
(3) years or less after its invalidation if the holder of the license meets
the requirements under IC 25-1-8-6(c).
(e) Except as provided in section 27.1 of this chapter, if a license
remains invalid under subsection (c) for more than three (3) years, the
holder of the invalid license may obtain a reinstated license by
satisfying the requirements for reinstatement under IC 25-1-8-6(d).
(f) The board may require the holder of an invalid license who files
an application under this subsection to appear before the board and
explain why the holder failed to renew the license.
(g) The board may adopt rules under section 13 of this chapter
establishing requirements for the reinstatement of a license that has
been invalidated for more than three (3) years. The fee for a duplicate
license to practice as a dentist is subject to IC 25-1-8-2.
(h) Biennial renewal of licenses is subject to IC 25-1-2.
(i) Subject to IC 25-1-4-3, an application for renewal of a license
under this section must contain a sworn statement signed by the
applicant attesting that the applicant has fulfilled the continuing
education requirements under IC 25-14-3.
SECTION 13. IC 25-14.5-6-1.1, AS ADDED BY P.L.90-2019,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 1.1. (a) Subject to IC 25-1-2-6(e), a license issued
under this article expires on a date established by the agency under
IC 25-1-5-4 in the next even-numbered year following the year in
which the license was issued.
(b) An individual who holds a license issued under this article may
renew the license by
(1) paying, on or before the expiration date of the license, a
renewal fee set by the board. and
(2) subject to IC 25-1-4-3, providing a sworn statement attesting
that the licensed dietitian has completed the continuing education
required by the board.
(c) If an individual fails to pay a renewal fee under subsection (b)
on or before the expiration date of the individual's license, the license
becomes invalid.
SECTION 14. IC 25-20-1-25, AS AMENDED BY P.L.178-2014,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 25. (a) This section applies only to a registrant
who has held a certificate issued under this chapter for at least eighteen
(18) months.
HB 1179—LS 7455/DI 77 29
(b) To renew a hearing aid dealer certificate of registration issued
under this chapter, a registrant must complete at least twenty (20) hours
of credit in continuing education courses.
(c) To satisfy the requirements of subsection (b), a registrant may
use only credit hours earned in continuing education courses completed
by the registrant:
(1) after the last date the registrant renewed a certificate under
this chapter; or
(2) if the registrant is renewing a certificate for the first time, after
the date the registrant was issued the certificate under this
chapter.
(d) A registrant may receive credit only for completing continuing
education courses that have been approved by the committee, the
American Speech-Language-Hearing Association, or the International
Institute for Hearing Instrument Studies.
(e) When a registrant renews a certificate issued under this chapter,
the registrant must comply with IC 25-1-4-3.
SECTION 15. IC 25-23-1-19.7, AS AMENDED BY P.L.129-2018,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 19.7. (a) This subsection applies to an applicant
for renewal who has never received a renewal of prescriptive authority
under section 19.5 of this chapter and whose prescriptive authority has
never lapsed. If the applicant was initially granted prescriptive
authority:
(1) less than twelve (12) months before the expiration date of the
prescriptive authority, no continuing education is required; or
(2) at least twelve (12) months before the expiration date of the
prescriptive authority, the applicant shall subject to IC 25-1-4-3,
attest to the board that the applicant has have successfully
completed at least fifteen (15) contact hours of continuing
education. The hours must:
(A) be completed after the prescriptive authority was granted
and before the expiration of the prescriptive authority;
(B) include at least four (4) contact hours of pharmacology;
and
(C) be approved by a nationally approved sponsor of
continuing education for nurses, approved by the board, and
listed by the Indiana professional licensing agency as approved
hours.
(b) This subsection applies to an applicant for renewal of
prescriptive authority under section 19.5 of this chapter who is not
described in subsection (a). The applicant shall subject to IC 25-1-4-3,
HB 1179—LS 7455/DI 77 30
attest to the board that the applicant has have successfully completed
at least thirty (30) contact hours of continuing education. The hours
must:
(1) be completed within the two (2) years immediately preceding
the renewal;
(2) include at least eight (8) contact hours of pharmacology; and
(3) be approved by a nationally approved sponsor of continuing
education for nurses, be approved by the board, and be listed by
the Indiana professional licensing agency as approved hours.
(c) An applicant for renewal of prescriptive authority under this
section must maintain national certification or certification
equivalence, as required by section 19.5(d) of this chapter.
SECTION 16. IC 25-24-1-14, AS AMENDED BY P.L.177-2015,
SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 14. (a) In each even-numbered year, the Indiana
professional licensing agency shall issue a ninety (90) day notice of
expiration and a license renewal application in accordance with
IC 25-1-2-6 to each optometrist licensed in Indiana. The application
shall be mailed to the last known address of the optometrist.
(b) The payment of the renewal fee must be made on or before the
date established by the licensing agency under IC 25-1-5-4. Subject to
IC 25-1-2-6(e), the applicant's license expires and becomes invalid if
the applicant has not paid the renewal fee by the date established by the
licensing agency.
(c) The license shall be reinstated by the board not later than three
(3) years after its expiration if the applicant for reinstatement meets the
requirements under IC 25-1-8-6(c).
(d) Reinstatement of an expired license after the expiration of the
three (3) year period provided in subsection (c) is dependent upon the
applicant satisfying the requirements for reinstatement under
IC 25-1-8-6(d).
(e) The board may classify a license as inactive if the board receives
written notification from a licensee stating that the licensee will not
maintain an office or practice optometry in Indiana. The renewal fee for
an inactive license is one-half (1/2) the license renewal fee set by the
board under section 1 of this chapter.
(f) The holder of an inactive license is not required to fulfill
continuing education requirements set by the board. The board may
issue a license to the holder of an inactive license if the applicant:
(1) pays the renewal fee set by the board under section 1 of this
chapter; and
(2) pays the reinstatement fee set by the board under section 1 of
HB 1179—LS 7455/DI 77 31
this chapter. and
(3) subject to IC 25-1-4-3, attests that the applicant obtained the
continuing education required by the board under section 1 of this
chapter for each year, or portion of a year during which the
applicant's license has been classified as inactive.
SECTION 17. IC 25-26-13-14, AS AMENDED BY P.L.177-2015,
SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 14. (a) Subject to IC 25-1-2-6(e), a pharmacist's
license expires biennially on the date established by the licensing
agency under IC 25-1-5-4, unless renewed before that date.
(b) Subject to IC 25-1-2-6(e), if an application for renewal is not
filed and the required fee paid before the established biennial renewal
date, the license expires and becomes invalid without any action taken
by the board.
(c) Subject to IC 25-1-4-3, a statement attesting that the pharmacist
has met the continuing education requirements shall be submitted with
the application for license renewal.
(d) (c) If a pharmacist surrenders the pharmacist's license to practice
pharmacy in Indiana, the board may subsequently consider
reinstatement of the pharmacist's license upon written request of the
pharmacist. The board may impose any conditions it considers
appropriate to the surrender or to the reinstatement of a surrendered
license. The practitioner may not voluntarily surrender the
practitioner's license to the board without the written consent of the
board if any disciplinary proceedings are pending against the
practitioner under this chapter or IC 25-1-9.
(e) (d) If a license has been expired for not more than three (3)
years, the board may reinstate the license only if the person meets the
requirements under IC 25-1-8-6(c).
(f) (e) If a license has been expired for more than three (3) years, the
license may be reinstated by the board if the holder of the license meets
the requirements for reinstatement under IC 25-1-8-6(d).
HB 1179—LS 7455/DI 77 32
(g) (f) The board may require a person who applies for a license
under subsection (e) (d) to appear before the board and explain the
reason the person failed to renew the person's license.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1179 as introduced.)
MILLER D
Committee Vote: yeas 9, nays 2.
_____
HOUSE MOTION
Mr. Speaker: I move that House Bill 1179 be amended to read as
follows:
Page 3, line 2, delete "following:" and insert "following occur:".
Page 3, line 10, delete "that is:" and insert "that:".
Page 3, line 11, after "(A)" insert "is".
Page 12, between lines 31 and 32, begin a new paragraph and insert:
"SECTION 12. IC 25-4-1-18.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 18.5. (a) An individual who has
graduated from a school or college of architecture accredited by
the National Architecture Accrediting Board, Inc., or its successor
may profess to be an "architectural graduate" and use the term to
describe the individual.
(b) An individual currently enrolled in, but not yet graduated
from, a school or college of architecture accredited by the National
Architecture Accrediting Board, Inc., or its successor may profess
to be an "architectural intern" and use the term to describe the
individual.
SECTION 13. IC 25-4-2-10.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 10.5. (a) An individual who has
graduated from an accredited curriculum of landscape
architecture presented by a college or school approved by the
board may profess to be a "landscape architectural graduate" and
use the term to describe the individual.
(b) An individual currently enrolled in, but not yet graduated
HB 1179—LS 7455/DI 77 33
from, an accredited curriculum of landscape architecture
presented by a college or school approved by the board may
profess to be a "landscape architectural intern" and use the term
to describe the individual.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1179 as printed February 9, 2023.)
CLERE
HB 1179—LS 7455/DI 77