15 | | - | SECTION 1. IC 5-14-1.5-3.8 IS ADDED TO THE INDIANA |
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16 | | - | CODE AS A NEW SECTION TO READ AS FOLLOWS |
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17 | | - | [EFFECTIVE JULY 1, 2023]: Sec. 3.8. (a) As used in this section, |
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18 | | - | "board" means a board that regulates a health care provider or a |
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19 | | - | regulated professional under IC 25. |
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20 | | - | (b) Except as provided in subsection (c), a board may |
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21 | | - | participate in a meeting by any electronic means of communication |
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22 | | - | that does the following: |
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23 | | - | (1) Allows all participating members of the board to |
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24 | | - | simultaneously communicate with each other. |
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25 | | - | (2) Allows an individual subject to a hearing on the |
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26 | | - | individual's license to simultaneously communicate with the |
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27 | | - | board. |
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28 | | - | (3) Allows the public to simultaneously attend and observe the |
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29 | | - | meeting. However, this subdivision does not apply to a |
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30 | | - | meeting held in executive session. |
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31 | | - | A member of a board who participates in a meeting by an |
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32 | | - | electronic means of communication is considered present for |
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33 | | - | purposes of establishing a quorum and taking official action. |
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34 | | - | (c) A board shall meet physically in person at least one (1) time |
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35 | | - | per calendar year. |
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36 | | - | (d) A technological failure in an electronic means of |
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37 | | - | communication that disrupts or prevents: |
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38 | | - | HEA 1460 — Concur 2 |
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39 | | - | (1) the simultaneous communication between a member who |
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40 | | - | is not physically present at the meeting of a board; or |
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41 | | - | (2) a member of the public who is not present at the meeting |
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42 | | - | from attending and observing the meeting; |
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43 | | - | does not prevent the board from conducting the meeting or affect |
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44 | | - | the validity of an official action taken by members of the board at |
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45 | | - | the meeting if the total number of the board members participating |
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46 | | - | in the meeting, whether electronically or physically, satisfy the |
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47 | | - | quorum requirements, and if official action is taken, the voting |
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48 | | - | requirements of the board are met. Final action may not be taken |
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49 | | - | on an individual's license if a technological failure in an electronic |
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50 | | - | means of communication disrupts or prevents the individual who |
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51 | | - | is subject to the hearing on the individual's license from |
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52 | | - | simultaneously communicating with the board. |
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53 | | - | (e) The memoranda for a meeting prepared under section 4 of |
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54 | | - | this chapter for a meeting held under this section must: |
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55 | | - | (1) state the name of each member of the board who: |
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56 | | - | (A) participated in the meeting by using any electronic |
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57 | | - | means of communication; or |
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58 | | - | (B) was absent; and |
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59 | | - | (2) identify the electronic means of communication used by: |
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60 | | - | (A) members of the board to participate in the meeting; |
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61 | | - | (B) an individual, who was subject to a hearing on the |
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62 | | - | individual's license, to participate in the meeting; and |
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63 | | - | (C) if the meeting was not held in executive session, the |
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64 | | - | public to attend and observe the meeting. |
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65 | | - | (f) All votes taken during a meeting under this section must be |
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66 | | - | taken by roll call vote. |
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67 | | - | SECTION 2. IC 16-27-1-7.1 IS ADDED TO THE INDIANA CODE |
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68 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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69 | | - | 1, 2023]: Sec. 7.1. The state department's authority under this |
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70 | | - | chapter includes the ability to collect information from individuals |
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71 | | - | who provide home health aide services, as specified under |
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72 | | - | IC 25-1-2-10. |
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73 | | - | SECTION 3. IC 16-28-1-11, AS AMENDED BY P.L.180-2019, |
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74 | | - | SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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75 | | - | JULY 1, 2023]: Sec. 11. (a) Unless an individual is certified under this |
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76 | | - | section: |
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77 | | - | (1) the individual may not practice as a qualified medication aide |
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78 | | - | or a certified nurse aide; and |
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79 | | - | (2) a facility may not employ the individual as a qualified |
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80 | | - | medication aide or a certified nurse aide. |
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81 | | - | (b) The state department shall do the following: |
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82 | | - | (1) Establish a program for the certification of qualified |
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83 | | - | medication aides and certified nurse aides who work in facilities |
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84 | | - | HEA 1460 — Concur 3 |
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85 | | - | licensed under this article. |
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86 | | - | (2) Approve education and training programs for qualified |
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87 | | - | medication aides and certified nurse aides, including course and |
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88 | | - | inservice requirements. |
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89 | | - | (3) Determine the standards concerning the functions that may be |
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90 | | - | performed by a qualified medication aide and a certified nurse |
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91 | | - | aide. |
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92 | | - | (4) Establish annual certification fees for qualified medication |
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93 | | - | aides. |
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94 | | - | (5) Adopt rules under IC 4-22-2 necessary to implement and |
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95 | | - | enforce this section. |
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96 | | - | (c) The education and training programs approved by the state |
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97 | | - | department: |
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98 | | - | (1) must include a competency test that an individual must pass |
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99 | | - | before being granted an initial certification as: |
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100 | | - | (A) a qualified medication aide; or |
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101 | | - | (B) a certified nurse aide; and |
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102 | | - | (2) must include an optional training module for qualified |
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103 | | - | medication aides in administering insulin, including: |
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104 | | - | (A) at least four (4), and not more than eight (8), hours of |
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105 | | - | classroom training; |
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106 | | - | (B) at least two (2), and not more than four (4), hours of |
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107 | | - | practical training; and |
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108 | | - | (C) passing a written and practical examination administered |
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109 | | - | by the trainer; |
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110 | | - | in insulin administration to be completed before a qualified |
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111 | | - | medication aide may administer insulin. |
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112 | | - | (d) The state department shall maintain a registry of each individual |
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113 | | - | who is: |
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114 | | - | (1) certified as a: |
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115 | | - | (A) qualified medication aide; or |
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116 | | - | (B) certified nurse aide; or |
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117 | | - | (2) registered as a home health aide under rules adopted under |
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118 | | - | IC 16-27-1-7. |
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119 | | - | (e) The state department may conduct hearings for violations of this |
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120 | | - | section under IC 4-21.5. |
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121 | | - | (f) The state department's authority under this section includes |
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122 | | - | the ability to collect information from individuals certified as a |
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123 | | - | qualified medication aide or certified nurse aide, as specified under |
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124 | | - | IC 25-1-2-10. |
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125 | | - | SECTION 4. IC 25-1-2-10, AS AMENDED BY P.L.85-2021, |
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126 | | - | SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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127 | | - | JULY 1, 2023]: Sec. 10. (a) As used in this section, "board" means any |
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128 | | - | of the following boards or commissions: |
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129 | | - | HEA 1460 — Concur 4 |
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130 | | - | (1) The medical licensing board of Indiana. |
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131 | | - | (2) The Indiana state board of nursing. |
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132 | | - | (3) The state board of dentistry. |
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133 | | - | (4) The behavioral health and human services licensing board. |
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134 | | - | (5) The state psychology board. |
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135 | | - | (6) The Indiana board of pharmacy. |
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136 | | - | (7) The Indiana board of physical therapy. |
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137 | | - | (8) The Indiana department of health's consumer services and |
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138 | | - | health care regulation commission. |
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139 | | - | (b) As used in this section, "license" means: |
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140 | | - | (1) an unlimited license, certificate, or registration; |
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141 | | - | (2) a limited or probationary license, certificate, or registration; |
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142 | | - | (3) a temporary license, certificate, registration, or permit; |
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143 | | - | (4) an intern permit; or |
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144 | | - | (5) a provisional license; or |
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145 | | - | (6) a registration; |
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146 | | - | issued by the board regulating the profession in question. |
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147 | | - | (c) As used in this section, "practitioner" means an individual who |
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148 | | - | holds a license, certificate, or registration under any of the following: |
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149 | | - | (1) IC 16-27-1-7. |
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150 | | - | (2) IC 16-28-1-11. |
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151 | | - | (3) IC 25-3.7. |
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152 | | - | (4) IC 25-8.5. |
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153 | | - | (5) IC 25-13. |
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154 | | - | (1) (6) IC 25-14-1. |
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155 | | - | (2) (7) IC 25-22.5-5. |
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156 | | - | (3) (8) IC 25-23. |
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157 | | - | (9) IC 25-23.5. |
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158 | | - | (4) (10) IC 25-23.6. |
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159 | | - | (5) (11) IC 25-26. |
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160 | | - | (12) IC 25-27. |
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161 | | - | (6) (13) IC 25-27.5. |
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162 | | - | (7) (14) IC 25-33. |
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163 | | - | (15) IC 25-34.5. |
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164 | | - | (d) To allow for programmatic and policy recommendations to |
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165 | | - | improve workforce performance, address identified workforce |
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166 | | - | shortages, and retain practitioners, beginning January 1, 2019, every |
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167 | | - | practitioner who is renewing online a license issued by a board must |
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168 | | - | include the following information related to the practitioner's work in |
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169 | | - | Indiana under the practitioner's license during the previous two (2) |
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170 | | - | years: |
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171 | | - | (1) The practitioner's specialty or field of practice. |
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172 | | - | (2) The following concerning the practitioner's current practice: |
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173 | | - | (A) The location or address. |
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174 | | - | HEA 1460 — Concur 5 |
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175 | | - | (B) The setting type. |
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176 | | - | (C) The average hours worked weekly. |
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177 | | - | (D) The health care services provided. |
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178 | | - | (3) The practitioner's education background and training. |
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179 | | - | (4) For a practitioner (as defined in IC 25-1-9.5-3.5), whether the |
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180 | | - | practitioner delivers health care services through telehealth (as |
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181 | | - | defined in IC 25-1-9.5-6). |
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182 | | - | (e) The Indiana professional licensing agency shall do the following: |
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183 | | - | (1) Include notification with a practitioner's license renewal notice |
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184 | | - | that the practitioner must submit the information required under |
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185 | | - | subsection (d) if the practitioner renews the license online. |
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186 | | - | (2) Compile the information collected under this section into an |
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187 | | - | annual report. The report may not contain any personal |
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188 | | - | identifying information and the report must be compliant with the |
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189 | | - | federal Health Insurance Portability and Accountability Act |
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190 | | - | (HIPAA). |
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191 | | - | (3) Post the annual report compiled under this subsection on the |
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192 | | - | agency's Internet web site. website. |
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193 | | - | (4) Submit the annual report compiled under this subsection to the |
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194 | | - | following: |
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195 | | - | (A) The office of Medicaid policy and planning. |
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196 | | - | (B) The department of workforce development. |
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197 | | - | (C) The commission on improving the status of children in |
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198 | | - | Indiana (IC 2-5-36). |
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199 | | - | (D) The legislative council in an electronic format under |
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200 | | - | IC 5-14-6. |
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201 | | - | (E) The office of the attorney general. |
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202 | | - | (F) The Indiana department of health. |
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203 | | - | SECTION 5. IC 25-1-5-4, AS AMENDED BY P.L.78-2017, |
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204 | | - | SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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205 | | - | JULY 1, 2023]: Sec. 4. (a) The agency shall employ necessary staff, |
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206 | | - | including specialists and professionals, to carry out the administrative |
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207 | | - | duties and functions of the boards, including but not limited to: |
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208 | | - | (1) notice of board meetings and other communication services; |
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209 | | - | (2) recordkeeping of board meetings, proceedings, and actions; |
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210 | | - | (3) recordkeeping of all persons licensed, regulated, or certified |
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211 | | - | by a board; |
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212 | | - | (4) administration of examinations; and |
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213 | | - | (5) administration of license or certificate issuance or renewal. |
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214 | | - | (b) In addition, the agency: |
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215 | | - | (1) shall prepare a consolidated statement of the budget requests |
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216 | | - | of all the boards described in IC 25-0.5-5; |
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217 | | - | (2) may coordinate licensing or certification renewal cycles, |
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218 | | - | examination schedules, or other routine activities to efficiently |
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219 | | - | HEA 1460 — Concur 6 |
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220 | | - | utilize agency staff, facilities, and transportation resources, and to |
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221 | | - | improve accessibility of board functions to the public; |
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222 | | - | (3) may consolidate, where feasible, office space, recordkeeping, |
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223 | | - | and data processing services; and |
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224 | | - | (4) shall operate and maintain the electronic registry of |
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225 | | - | professions established under IC 25-1-5.5; |
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226 | | - | (5) shall post each board's public meeting agenda on the |
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227 | | - | applicable board's website not less than seventy-two (72) |
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228 | | - | hours before a board's public meeting; |
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229 | | - | (6) shall post each board's public meeting minutes on the |
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230 | | - | applicable board's website not more than fourteen (14) |
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231 | | - | calendar days after adoption of the minutes by the board; |
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232 | | - | (7) shall post any vacancy on a board on the applicable |
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233 | | - | board's website within fourteen (14) calendar days of the |
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234 | | - | vacancy; |
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235 | | - | (8) notwithstanding any other law: |
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236 | | - | (A) prescribe the application form and manner for each |
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237 | | - | board; and |
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238 | | - | (B) make any new application form publicly available on |
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239 | | - | the applicable board's website for sixty (60) calendar days |
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240 | | - | before being adopted by the agency; and |
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| 63 | + | 1 SECTION 1. IC 5-14-1.5-3.8 IS ADDED TO THE INDIANA |
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| 64 | + | 2 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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| 65 | + | 3 [EFFECTIVE JULY 1, 2023]: Sec. 3.8. (a) As used in this section, |
---|
| 66 | + | 4 "board" means a board that regulates a health care provider or a |
---|
| 67 | + | 5 regulated professional under IC 25. |
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| 68 | + | 6 (b) Except as provided in subsection (c), a board may |
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| 69 | + | 7 participate in a meeting by any electronic means of communication |
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| 70 | + | 8 that does the following: |
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| 71 | + | 9 (1) Allows all participating members of the board to |
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| 72 | + | 10 simultaneously communicate with each other. |
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| 73 | + | 11 (2) Allows an individual subject to a hearing on the |
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| 74 | + | 12 individual's license to simultaneously communicate with the |
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| 75 | + | 13 board. |
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| 76 | + | 14 (3) Allows the public to simultaneously attend and observe the |
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| 77 | + | 15 meeting. However, this subdivision does not apply to a |
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| 78 | + | EH 1460—LS 7208/DI 77 2 |
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| 79 | + | 1 meeting held in executive session. |
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| 80 | + | 2 A member of a board who participates in a meeting by an |
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| 81 | + | 3 electronic means of communication is considered present for |
---|
| 82 | + | 4 purposes of establishing a quorum and taking official action. |
---|
| 83 | + | 5 (c) A board shall meet physically in person at least one (1) time |
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| 84 | + | 6 per calendar year. |
---|
| 85 | + | 7 (d) A technological failure in an electronic means of |
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| 86 | + | 8 communication that disrupts or prevents: |
---|
| 87 | + | 9 (1) the simultaneous communication between a member who |
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| 88 | + | 10 is not physically present at the meeting of a board; or |
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| 89 | + | 11 (2) a member of the public who is not present at the meeting |
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| 90 | + | 12 from attending and observing the meeting; |
---|
| 91 | + | 13 does not prevent the board from conducting the meeting or affect |
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| 92 | + | 14 the validity of an official action taken by members of the board at |
---|
| 93 | + | 15 the meeting if the total number of the board members participating |
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| 94 | + | 16 in the meeting, whether electronically or physically, satisfy the |
---|
| 95 | + | 17 quorum requirements, and if official action is taken, the voting |
---|
| 96 | + | 18 requirements of the board are met. Final action may not be taken |
---|
| 97 | + | 19 on an individual's license if a technological failure in an electronic |
---|
| 98 | + | 20 means of communication disrupts or prevents the individual who |
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| 99 | + | 21 is subject to the hearing on the individual's license from |
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| 100 | + | 22 simultaneously communicating with the board. |
---|
| 101 | + | 23 (e) The memoranda for a meeting prepared under section 4 of |
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| 102 | + | 24 this chapter for a meeting held under this section must: |
---|
| 103 | + | 25 (1) state the name of each member of the board who: |
---|
| 104 | + | 26 (A) participated in the meeting by using any electronic |
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| 105 | + | 27 means of communication; or |
---|
| 106 | + | 28 (B) was absent; and |
---|
| 107 | + | 29 (2) identify the electronic means of communication used by: |
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| 108 | + | 30 (A) members of the board to participate in the meeting; |
---|
| 109 | + | 31 (B) an individual, who was subject to a hearing on the |
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| 110 | + | 32 individual's license, to participate in the meeting; and |
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| 111 | + | 33 (C) if the meeting was not held in executive session, the |
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| 112 | + | 34 public to attend and observe the meeting. |
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| 113 | + | 35 (f) All votes taken during a meeting under this section must be |
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| 114 | + | 36 taken by roll call vote. |
---|
| 115 | + | 37 SECTION 2. IC 16-27-1-7.1 IS ADDED TO THE INDIANA CODE |
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| 116 | + | 38 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
| 117 | + | 39 1, 2023]: Sec. 7.1. The state department's authority under this |
---|
| 118 | + | 40 chapter includes the ability to collect information from individuals |
---|
| 119 | + | 41 who provide home health aide services, as specified under |
---|
| 120 | + | 42 IC 25-1-2-10. |
---|
| 121 | + | EH 1460—LS 7208/DI 77 3 |
---|
| 122 | + | 1 SECTION 3. IC 16-28-1-11, AS AMENDED BY P.L.180-2019, |
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| 123 | + | 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 124 | + | 3 JULY 1, 2023]: Sec. 11. (a) Unless an individual is certified under this |
---|
| 125 | + | 4 section: |
---|
| 126 | + | 5 (1) the individual may not practice as a qualified medication aide |
---|
| 127 | + | 6 or a certified nurse aide; and |
---|
| 128 | + | 7 (2) a facility may not employ the individual as a qualified |
---|
| 129 | + | 8 medication aide or a certified nurse aide. |
---|
| 130 | + | 9 (b) The state department shall do the following: |
---|
| 131 | + | 10 (1) Establish a program for the certification of qualified |
---|
| 132 | + | 11 medication aides and certified nurse aides who work in facilities |
---|
| 133 | + | 12 licensed under this article. |
---|
| 134 | + | 13 (2) Approve education and training programs for qualified |
---|
| 135 | + | 14 medication aides and certified nurse aides, including course and |
---|
| 136 | + | 15 inservice requirements. |
---|
| 137 | + | 16 (3) Determine the standards concerning the functions that may be |
---|
| 138 | + | 17 performed by a qualified medication aide and a certified nurse |
---|
| 139 | + | 18 aide. |
---|
| 140 | + | 19 (4) Establish annual certification fees for qualified medication |
---|
| 141 | + | 20 aides. |
---|
| 142 | + | 21 (5) Adopt rules under IC 4-22-2 necessary to implement and |
---|
| 143 | + | 22 enforce this section. |
---|
| 144 | + | 23 (c) The education and training programs approved by the state |
---|
| 145 | + | 24 department: |
---|
| 146 | + | 25 (1) must include a competency test that an individual must pass |
---|
| 147 | + | 26 before being granted an initial certification as: |
---|
| 148 | + | 27 (A) a qualified medication aide; or |
---|
| 149 | + | 28 (B) a certified nurse aide; and |
---|
| 150 | + | 29 (2) must include an optional training module for qualified |
---|
| 151 | + | 30 medication aides in administering insulin, including: |
---|
| 152 | + | 31 (A) at least four (4), and not more than eight (8), hours of |
---|
| 153 | + | 32 classroom training; |
---|
| 154 | + | 33 (B) at least two (2), and not more than four (4), hours of |
---|
| 155 | + | 34 practical training; and |
---|
| 156 | + | 35 (C) passing a written and practical examination administered |
---|
| 157 | + | 36 by the trainer; |
---|
| 158 | + | 37 in insulin administration to be completed before a qualified |
---|
| 159 | + | 38 medication aide may administer insulin. |
---|
| 160 | + | 39 (d) The state department shall maintain a registry of each individual |
---|
| 161 | + | 40 who is: |
---|
| 162 | + | 41 (1) certified as a: |
---|
| 163 | + | 42 (A) qualified medication aide; or |
---|
| 164 | + | EH 1460—LS 7208/DI 77 4 |
---|
| 165 | + | 1 (B) certified nurse aide; or |
---|
| 166 | + | 2 (2) registered as a home health aide under rules adopted under |
---|
| 167 | + | 3 IC 16-27-1-7. |
---|
| 168 | + | 4 (e) The state department may conduct hearings for violations of this |
---|
| 169 | + | 5 section under IC 4-21.5. |
---|
| 170 | + | 6 (f) The state department's authority under this section includes |
---|
| 171 | + | 7 the ability to collect information from individuals certified as a |
---|
| 172 | + | 8 qualified medication aide or certified nurse aide, as specified under |
---|
| 173 | + | 9 IC 25-1-2-10. |
---|
| 174 | + | 10 SECTION 4. IC 25-1-2-10, AS AMENDED BY P.L.85-2021, |
---|
| 175 | + | 11 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 176 | + | 12 JULY 1, 2023]: Sec. 10. (a) As used in this section, "board" means any |
---|
| 177 | + | 13 of the following boards or commissions: |
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| 178 | + | 14 (1) The medical licensing board of Indiana. |
---|
| 179 | + | 15 (2) The Indiana state board of nursing. |
---|
| 180 | + | 16 (3) The state board of dentistry. |
---|
| 181 | + | 17 (4) The behavioral health and human services licensing board. |
---|
| 182 | + | 18 (5) The state psychology board. |
---|
| 183 | + | 19 (6) The Indiana board of pharmacy. |
---|
| 184 | + | 20 (7) The Indiana board of physical therapy. |
---|
| 185 | + | 21 (8) The Indiana department of health's consumer services and |
---|
| 186 | + | 22 health care regulation commission. |
---|
| 187 | + | 23 (b) As used in this section, "license" means: |
---|
| 188 | + | 24 (1) an unlimited license, certificate, or registration; |
---|
| 189 | + | 25 (2) a limited or probationary license, certificate, or registration; |
---|
| 190 | + | 26 (3) a temporary license, certificate, registration, or permit; |
---|
| 191 | + | 27 (4) an intern permit; or |
---|
| 192 | + | 28 (5) a provisional license; or |
---|
| 193 | + | 29 (6) a registration; |
---|
| 194 | + | 30 issued by the board regulating the profession in question. |
---|
| 195 | + | 31 (c) As used in this section, "practitioner" means an individual who |
---|
| 196 | + | 32 holds a license, certificate, or registration under any of the following: |
---|
| 197 | + | 33 (1) IC 16-27-1-7. |
---|
| 198 | + | 34 (2) IC 16-28-1-11. |
---|
| 199 | + | 35 (3) IC 25-3.7. |
---|
| 200 | + | 36 (4) IC 25-8.5. |
---|
| 201 | + | 37 (5) IC 25-13. |
---|
| 202 | + | 38 (1) (6) IC 25-14-1. |
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| 203 | + | 39 (2) (7) IC 25-22.5-5. |
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| 204 | + | 40 (3) (8) IC 25-23. |
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| 205 | + | 41 (9) IC 25-23.5. |
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| 206 | + | 42 (4) (10) IC 25-23.6. |
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| 207 | + | EH 1460—LS 7208/DI 77 5 |
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| 208 | + | 1 (5) (11) IC 25-26. |
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| 209 | + | 2 (12) IC 25-27. |
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| 210 | + | 3 (6) (13) IC 25-27.5. |
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| 211 | + | 4 (7) (14) IC 25-33. |
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| 212 | + | 5 (15) IC 25-34.5. |
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| 213 | + | 6 (d) To allow for programmatic and policy recommendations to |
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| 214 | + | 7 improve workforce performance, address identified workforce |
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| 215 | + | 8 shortages, and retain practitioners, beginning January 1, 2019, every |
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| 216 | + | 9 practitioner who is renewing online a license issued by a board must |
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| 217 | + | 10 include the following information related to the practitioner's work in |
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| 218 | + | 11 Indiana under the practitioner's license during the previous two (2) |
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| 219 | + | 12 years: |
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| 220 | + | 13 (1) The practitioner's specialty or field of practice. |
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| 221 | + | 14 (2) The following concerning the practitioner's current practice: |
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| 222 | + | 15 (A) The location or address. |
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| 223 | + | 16 (B) The setting type. |
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| 224 | + | 17 (C) The average hours worked weekly. |
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| 225 | + | 18 (D) The health care services provided. |
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| 226 | + | 19 (3) The practitioner's education background and training. |
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| 227 | + | 20 (4) For a practitioner (as defined in IC 25-1-9.5-3.5), whether the |
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| 228 | + | 21 practitioner delivers health care services through telehealth (as |
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| 229 | + | 22 defined in IC 25-1-9.5-6). |
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| 230 | + | 23 (e) The Indiana professional licensing agency shall do the following: |
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| 231 | + | 24 (1) Include notification with a practitioner's license renewal notice |
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| 232 | + | 25 that the practitioner must submit the information required under |
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| 233 | + | 26 subsection (d) if the practitioner renews the license online. |
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| 234 | + | 27 (2) Compile the information collected under this section into an |
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| 235 | + | 28 annual report. The report may not contain any personal |
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| 236 | + | 29 identifying information and the report must be compliant with the |
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| 237 | + | 30 federal Health Insurance Portability and Accountability Act |
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| 238 | + | 31 (HIPAA). |
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| 239 | + | 32 (3) Post the annual report compiled under this subsection on the |
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| 240 | + | 33 agency's Internet web site. website. |
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| 241 | + | 34 (4) Submit the annual report compiled under this subsection to the |
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| 242 | + | 35 following: |
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| 243 | + | 36 (A) The office of Medicaid policy and planning. |
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| 244 | + | 37 (B) The department of workforce development. |
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| 245 | + | 38 (C) The commission on improving the status of children in |
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| 246 | + | 39 Indiana (IC 2-5-36). |
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| 247 | + | 40 (D) The legislative council in an electronic format under |
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| 248 | + | 41 IC 5-14-6. |
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| 249 | + | 42 (E) The office of the attorney general. |
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| 250 | + | EH 1460—LS 7208/DI 77 6 |
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| 251 | + | 1 (F) The Indiana department of health. |
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| 252 | + | 2 SECTION 5. IC 25-1-5-4, AS AMENDED BY P.L.78-2017, |
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| 253 | + | 3 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 254 | + | 4 JULY 1, 2023]: Sec. 4. (a) The agency shall employ necessary staff, |
---|
| 255 | + | 5 including specialists and professionals, to carry out the administrative |
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| 256 | + | 6 duties and functions of the boards, including but not limited to: |
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| 257 | + | 7 (1) notice of board meetings and other communication services; |
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| 258 | + | 8 (2) recordkeeping of board meetings, proceedings, and actions; |
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| 259 | + | 9 (3) recordkeeping of all persons licensed, regulated, or certified |
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| 260 | + | 10 by a board; |
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| 261 | + | 11 (4) administration of examinations; and |
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| 262 | + | 12 (5) administration of license or certificate issuance or renewal. |
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| 263 | + | 13 (b) In addition, the agency: |
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| 264 | + | 14 (1) shall prepare a consolidated statement of the budget requests |
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| 265 | + | 15 of all the boards described in IC 25-0.5-5; |
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| 266 | + | 16 (2) may coordinate licensing or certification renewal cycles, |
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| 267 | + | 17 examination schedules, or other routine activities to efficiently |
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| 268 | + | 18 utilize agency staff, facilities, and transportation resources, and to |
---|
| 269 | + | 19 improve accessibility of board functions to the public; |
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| 270 | + | 20 (3) may consolidate, where feasible, office space, recordkeeping, |
---|
| 271 | + | 21 and data processing services; and |
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| 272 | + | 22 (4) shall operate and maintain the electronic registry of |
---|
| 273 | + | 23 professions established under IC 25-1-5.5; |
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| 274 | + | 24 (5) shall post each board's public meeting agenda on the |
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| 275 | + | 25 applicable board's website not less than seventy-two (72) |
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| 276 | + | 26 hours before a board's public meeting; |
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| 277 | + | 27 (6) shall post each board's public meeting minutes on the |
---|
| 278 | + | 28 applicable board's website not more than fourteen (14) |
---|
| 279 | + | 29 calendar days after adoption of the minutes by the board; |
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| 280 | + | 30 (7) shall post any vacancy on a board on the applicable |
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| 281 | + | 31 board's website within fourteen (14) calendar days of the |
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| 282 | + | 32 vacancy; |
---|
| 283 | + | 33 (8) notwithstanding any other law: |
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| 284 | + | 34 (A) prescribe the application form and manner for each |
---|
| 285 | + | 35 board; and |
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| 286 | + | 36 (B) make any new application form publicly available on |
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| 287 | + | 37 the applicable board's website for sixty (60) calendar days |
---|
| 288 | + | 38 before being adopted by the agency; and |
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| 289 | + | 39 (9) shall send notification of incomplete items in an |
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| 290 | + | 40 application to the applicant every fourteen (14) calendar days |
---|
| 291 | + | 41 after the applicant initiates the application until the earlier of: |
---|
| 292 | + | 42 (A) the application is completed; or |
---|
| 293 | + | EH 1460—LS 7208/DI 77 7 |
---|
| 294 | + | 1 (B) one (1) calendar year after the applicant initiates the |
---|
| 295 | + | 2 application. |
---|
| 296 | + | 3 (c) In administering the renewal of licenses or certificates under this |
---|
| 297 | + | 4 chapter, the agency shall send a notice of the upcoming expiration of |
---|
| 298 | + | 5 a license or certificate to each holder of a license or certificate at least |
---|
| 299 | + | 6 ninety (90) days before the expiration of the license or certificate. The |
---|
| 300 | + | 7 notice must inform the holder of the license or certificate of the need |
---|
| 301 | + | 8 to renew and the requirement of payment of the renewal fee. If this |
---|
| 302 | + | 9 notice of expiration is not sent by the agency, the holder of the license |
---|
| 303 | + | 10 or certificate is not subject to a sanction for failure to renew if, once |
---|
| 304 | + | 11 notice is received from the agency, the license or certificate is renewed |
---|
| 305 | + | 12 within forty-five (45) days after receipt of the notice. |
---|
| 306 | + | 13 (d) In administering an examination for licensure or certification, |
---|
| 307 | + | 14 the agency shall make the appropriate application forms available at |
---|
| 308 | + | 15 least thirty (30) days before the deadline for submitting an application |
---|
| 309 | + | 16 to all persons wishing to take the examination. |
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| 310 | + | 17 (e) The agency may require an applicant for license renewal to |
---|
| 311 | + | 18 submit evidence proving that: |
---|
| 312 | + | 19 (1) the applicant continues to meet the minimum requirements for |
---|
| 313 | + | 20 licensure; and |
---|
| 314 | + | 21 (2) the applicant is not in violation of: |
---|
| 315 | + | 22 (A) the statute regulating the applicant's profession; or |
---|
| 316 | + | 23 (B) rules adopted by the board regulating the applicant's |
---|
| 317 | + | 24 profession. |
---|
| 318 | + | 25 (f) The agency shall process an application for renewal of a license |
---|
| 319 | + | 26 or certificate: |
---|
| 320 | + | 27 (1) not later than ten (10) days after the agency receives all |
---|
| 321 | + | 28 required forms and evidence; or |
---|
| 322 | + | 29 (2) within twenty-four (24) hours after the time that an applicant |
---|
| 323 | + | 30 for renewal appears in person at the agency with all required |
---|
| 324 | + | 31 forms and evidence. |
---|
| 325 | + | 32 This subsection does not require the agency to issue a renewal license |
---|
| 326 | + | 33 or certificate to an applicant if subsection (g) applies. |
---|
| 327 | + | 34 (g) The agency may delay issuing a license renewal for up to one |
---|
| 328 | + | 35 hundred twenty (120) days after the renewal date for the purpose of |
---|
| 329 | + | 36 permitting the board to investigate information received by the agency |
---|
| 330 | + | 37 that the applicant for renewal may have committed an act for which the |
---|
| 331 | + | 38 applicant may be disciplined. If the agency delays issuing a license |
---|
| 332 | + | 39 renewal, the agency shall notify the applicant that the applicant is being |
---|
| 333 | + | 40 investigated. Except as provided in subsection (h), before the end of the |
---|
| 334 | + | 41 one hundred twenty (120) day period, the board shall do one (1) of the |
---|
| 335 | + | 42 following: |
---|
| 336 | + | EH 1460—LS 7208/DI 77 8 |
---|
| 337 | + | 1 (1) Deny the license renewal following a personal appearance by |
---|
| 338 | + | 2 the applicant before the board. |
---|
| 339 | + | 3 (2) Issue the license renewal upon satisfaction of all other |
---|
| 340 | + | 4 conditions for renewal. |
---|
| 341 | + | 5 (3) Issue the license renewal and file a complaint under IC 25-1-7. |
---|
| 342 | + | 6 (4) Upon agreement of the applicant and the board and following |
---|
| 343 | + | 7 a personal appearance by the applicant before the board, renew |
---|
| 344 | + | 8 the license and place the applicant on probation status under |
---|
| 345 | + | 9 IC 25-1-9-9. |
---|
| 346 | + | 10 (h) If an individual fails to appear before the board under subsection |
---|
| 347 | + | 11 (g), the board may take action on the applicant's license allowed under |
---|
| 348 | + | 12 subsection (g)(1), (g)(2), or (g)(3). |
---|
| 349 | + | 13 (i) The applicant's license remains valid until the final determination |
---|
| 350 | + | 14 of the board is rendered unless the renewal is denied or the license is |
---|
| 351 | + | 15 summarily suspended under IC 25-1-9-10. |
---|
| 352 | + | 16 (j) The license of the applicant for a license renewal remains valid |
---|
| 353 | + | 17 during the one hundred twenty (120) day period unless the license |
---|
| 354 | + | 18 renewal is denied following a personal appearance by the applicant |
---|
| 355 | + | 19 before the board before the end of the one hundred twenty (120) day |
---|
| 356 | + | 20 period. If the one hundred twenty (120) day period expires without |
---|
| 357 | + | 21 action by the board, the license shall be automatically renewed at the |
---|
| 358 | + | 22 end of the one hundred twenty (120) day period. |
---|
| 359 | + | 23 (k) The board's renewal of a license does not preclude the board |
---|
| 360 | + | 24 from imposing sanctions on the licensee as a result of a complaint filed |
---|
| 361 | + | 25 by the attorney general after renewal of the license. |
---|
| 362 | + | 26 (l) Notwithstanding any other statute, the agency may stagger |
---|
| 363 | + | 27 license or certificate renewal cycles. However, if a renewal cycle for a |
---|
| 364 | + | 28 specific board or committee is changed, the agency must obtain the |
---|
| 365 | + | 29 approval of the affected board or committee. |
---|
| 366 | + | 30 (m) An application for a license, certificate, registration, or permit |
---|
| 367 | + | 31 is abandoned without an action of the board, if the applicant does not |
---|
| 368 | + | 32 complete the requirements to complete the application within one (1) |
---|
| 369 | + | 33 year after the date on which the application was filed. However, the |
---|
| 370 | + | 34 board may, for good cause shown, extend the validity of the application |
---|
| 371 | + | 35 for additional thirty (30) day periods. An application submitted after |
---|
| 372 | + | 36 the abandonment of an application is considered a new application. |
---|
| 373 | + | 37 SECTION 6. IC 25-1-5-4.6 IS ADDED TO THE INDIANA CODE |
---|
| 374 | + | 38 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
| 375 | + | 39 1, 2023]: Sec. 4.6. (a) Beginning January 1, 2024, all applications |
---|
| 376 | + | 40 for a new license or certificate or renewal of a license or certificate |
---|
| 377 | + | 41 must be submitted electronically, unless an individual requests a |
---|
| 378 | + | 42 paper copy of the application for a new license or certificate or |
---|
| 379 | + | EH 1460—LS 7208/DI 77 9 |
---|
| 380 | + | 1 renewal of a license or certificate from the agency. The agency |
---|
| 381 | + | 2 shall prescribe the form and manner to request a paper copy. |
---|
| 382 | + | 3 (b) Beginning January 1, 2024, before February 1 of each |
---|
| 383 | + | 4 calendar year, the agency shall post on its website the following |
---|
| 384 | + | 5 information: |
---|
| 385 | + | 6 (1) The number of new licenses and certificates issued in the |
---|
| 386 | + | 7 preceding calendar year, with the information separated by |
---|
| 387 | + | 8 license and certificate type. |
---|
| 388 | + | 9 (2) The average wait time for new licenses and certificates |
---|
| 389 | + | 10 that were issued after submission of a completed application |
---|
| 390 | + | 11 in the preceding calendar year, with the information |
---|
| 391 | + | 12 separated by license and certificate type. |
---|
| 392 | + | 13 (3) The number of licenses and certificates renewed in the |
---|
| 393 | + | 14 preceding calendar year, with the information separated by |
---|
| 394 | + | 15 license and certificate type. |
---|
| 395 | + | 16 SECTION 7. IC 25-1-6.5-1, AS ADDED BY P.L.249-2019, |
---|
| 396 | + | 17 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 397 | + | 18 JULY 1, 2023]: Sec. 1. As used in this chapter, "board", except as |
---|
| 398 | + | 19 provided in section 5 of this chapter, refers to any of the entities |
---|
| 399 | + | 20 described in IC 25-0.5-5 or IC 25-0.5-7 and the board of licensure for |
---|
| 400 | + | 21 professional geologists established by IC 25-17.6-2-1. |
---|
| 401 | + | 22 SECTION 8. IC 25-1-6.5-5 IS ADDED TO THE INDIANA CODE |
---|
| 402 | + | 23 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
| 403 | + | 24 1, 2023]: Sec. 5. (a) As used in this section, "board" has the |
---|
| 404 | + | 25 meaning set forth in IC 25-0.5-10-1. |
---|
| 405 | + | 26 (b) Notwithstanding any other law, an appointment to a board |
---|
| 406 | + | 27 that is required to be made by the governor must be made within |
---|
| 407 | + | 28 ninety (90) days of receiving notification of a resignation from the |
---|
| 408 | + | 29 applicable board. |
---|
| 409 | + | 30 (c) If the appointment cannot be made within ninety (90) days |
---|
| 410 | + | 31 under subsection (b), the governor shall notify the Indiana |
---|
| 411 | + | 32 professional licensing agency (established by IC 25-1-5-3). |
---|
| 412 | + | 33 (d) If an appointment to a board that is required to be made by |
---|
| 413 | + | 34 the governor is not made within ninety (90) days of the notification |
---|
| 414 | + | 35 of the resignation from the applicable board, the Indiana |
---|
| 415 | + | 36 professional licensing agency (established by IC 25-1-5-3) shall fill |
---|
| 416 | + | 37 the vacancy: |
---|
| 417 | + | 38 (1) within thirty (30) days after receiving notice under |
---|
| 418 | + | 39 subsection (c); or |
---|
| 419 | + | 40 (2) before the next meeting of the applicable board; |
---|
| 420 | + | 41 whichever is earlier. However, the candidate must fulfill any |
---|
| 421 | + | 42 applicable requirements for the vacancy on the board. |
---|
| 422 | + | EH 1460—LS 7208/DI 77 10 |
---|
| 423 | + | 1 (e) This section does not affect the manner by which |
---|
| 424 | + | 2 recommendations are made to fill a vacancy to be appointed by the |
---|
| 425 | + | 3 governor. |
---|
| 426 | + | 4 SECTION 9. IC 25-1-21-4.5 IS REPEALED [EFFECTIVE JULY |
---|
| 427 | + | 5 1, 2023]. Sec. 4.5. As used in this chapter, "provisional license or |
---|
| 428 | + | 6 provisional certificate" means a temporary license or certificate issued |
---|
| 429 | + | 7 under this chapter that allows the holder to practice the occupation that |
---|
| 430 | + | 8 was applied for and at the same practice level until the license or |
---|
| 431 | + | 9 certificate expires under section 7(c) of this chapter. |
---|
| 432 | + | 10 SECTION 10. IC 25-1-21-5, AS ADDED BY P.L.149-2022, |
---|
| 433 | + | 11 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 434 | + | 12 JULY 1, 2023]: Sec. 5. Notwithstanding any other law, subject to |
---|
| 435 | + | 13 section 11 of this chapter, a board shall issue a license or certificate to |
---|
| 436 | + | 14 an applicant to allow the individual to practice the applicant's |
---|
| 437 | + | 15 occupation in Indiana if, upon application to the board, the applicant |
---|
| 438 | + | 16 satisfies the following conditions: |
---|
| 439 | + | 17 (1) Holds a current license or certificate from another state or |
---|
| 440 | + | 18 jurisdiction; and |
---|
| 441 | + | 19 (A) that state's or jurisdiction's requirements for a license or |
---|
| 442 | + | 20 certificate are substantially equivalent to or exceed the |
---|
| 443 | + | 21 requirements for a license or certificate of the board from |
---|
| 444 | + | 22 which the applicant is seeking licensure or certification; or |
---|
| 445 | + | 23 (B) when the person was licensed or certified by another state: |
---|
| 446 | + | 24 (i) there were minimum education requirements in the other |
---|
| 447 | + | 25 state; |
---|
| 448 | + | 26 (ii) if there were applicable work experience and clinical |
---|
| 449 | + | 27 supervision requirements in effect, the person met those |
---|
| 450 | + | 28 requirements in order to be licensed or certified in that state; |
---|
| 451 | + | 29 and |
---|
| 452 | + | 30 (iii) if required by the other state, the person previously |
---|
| 453 | + | 31 passed an examination required for the license or |
---|
| 454 | + | 32 certification. |
---|
| 455 | + | 33 (2) Has not committed any act in any state or jurisdiction that |
---|
| 456 | + | 34 would have constituted grounds for refusal, suspension, or |
---|
| 457 | + | 35 revocation of a license, certificate, registration, or permit to |
---|
| 458 | + | 36 practice that occupation in Indiana at the time the act was |
---|
| 459 | + | 37 committed. |
---|
| 460 | + | 38 (3) Does not have a complaint or an investigation pending before |
---|
| 461 | + | 39 the regulating agency in another state or jurisdiction that relates |
---|
| 462 | + | 40 to unprofessional conduct. |
---|
| 463 | + | 41 (4) Is in good standing and has not been disciplined by the agency |
---|
| 464 | + | 42 that has authority to issue the license or certification. |
---|
| 465 | + | EH 1460—LS 7208/DI 77 11 |
---|
| 466 | + | 1 (5) Submits a signed affidavit affirming, under the penalties |
---|
| 467 | + | 2 for perjury, the following: |
---|
| 468 | + | 3 (A) The individual is in good standing in all states and |
---|
| 469 | + | 4 jurisdictions in which the individual holds a license or |
---|
| 470 | + | 5 certificate for the occupation applied for. |
---|
| 471 | + | 6 (B) The individual has not had a license, certificate, |
---|
| 472 | + | 7 registration, or permit revoked and has not voluntarily |
---|
| 473 | + | 8 surrendered a license, certificate, registration, or permit in |
---|
| 474 | + | 9 another state or jurisdiction while under investigation for |
---|
| 475 | + | 10 unprofessional conduct. |
---|
| 476 | + | 11 (C) The individual has not had discipline imposed by the |
---|
| 477 | + | 12 regulating agency for the occupation in another state or |
---|
| 478 | + | 13 jurisdiction. |
---|
| 479 | + | 14 (D) The individual does not have a complaint or an |
---|
| 480 | + | 15 investigation pending before the regulating agency in |
---|
| 481 | + | 16 another state or jurisdiction that relates to unprofessional |
---|
| 482 | + | 17 conduct. |
---|
| 483 | + | 18 (5) (6) If a law regulating the applicant's occupation requires the |
---|
| 484 | + | 19 board to administer an examination on the relevant laws of |
---|
| 485 | + | 20 Indiana, the board may require the applicant to take and pass an |
---|
| 486 | + | 21 examination specific to the laws of Indiana. |
---|
| 487 | + | 22 (6) (7) Pays any fees required by the board for which the applicant |
---|
| 488 | + | 23 is seeking licensure or certification. |
---|
| 489 | + | 24 SECTION 11. IC 25-1-21-7, AS ADDED BY P.L.149-2022, |
---|
| 490 | + | 25 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 491 | + | 26 JULY 1, 2023]: Sec. 7. (a) Notwithstanding any other law, an applicant |
---|
| 492 | + | 27 for a license or certificate is entitled to a provisional license or |
---|
| 493 | + | 28 provisional certificate in the occupation applied for and at the same |
---|
| 494 | + | 29 practice level as determined by the board, without an examination, if |
---|
| 495 | + | 30 all of the following conditions are met: |
---|
| 496 | + | 31 (1) The individual submits a signed affidavit affirming, under the |
---|
| 497 | + | 32 penalties for perjury, the following: |
---|
| 498 | + | 33 (A) The individual is in good standing in all states and |
---|
| 499 | + | 34 jurisdictions in which the individual holds a license or |
---|
| 500 | + | 35 certificate for the occupation applied for. |
---|
| 501 | + | 36 (B) The individual has not had a license revoked and has not |
---|
| 502 | + | 37 voluntarily surrendered a license in another state or |
---|
| 503 | + | 38 jurisdiction while under investigation for unprofessional |
---|
| 504 | + | 39 conduct. |
---|
| 505 | + | 40 (C) The individual has not had discipline imposed by the |
---|
| 506 | + | 41 regulating agency for the occupation in another state or |
---|
| 507 | + | 42 jurisdiction. |
---|
| 508 | + | EH 1460—LS 7208/DI 77 12 |
---|
| 509 | + | 1 (D) The individual does not have a complaint or an |
---|
| 510 | + | 2 investigation pending before the regulating agency in another |
---|
| 511 | + | 3 state or jurisdiction that relates to unprofessional conduct. |
---|
| 512 | + | 4 (2) The individual does not have a disqualifying criminal history, |
---|
| 513 | + | 5 as determined by the board, if a national criminal history |
---|
| 514 | + | 6 background check (as defined in IC 25-1-1.1-4) is required under |
---|
| 515 | + | 7 IC 25-1-1.1-4 for the occupation for which the applicant seeks a |
---|
| 516 | + | 8 license or certificate. |
---|
| 517 | + | 9 (3) The individual submits verification that the individual is |
---|
| 518 | + | 10 currently licensed or certified in at least one (1) other state or |
---|
| 519 | + | 11 jurisdiction in the occupation applied for. |
---|
| 520 | + | 12 (4) The individual has submitted an application for a license or |
---|
| 521 | + | 13 certificate under this chapter with the board and has paid any |
---|
| 522 | + | 14 application fee. |
---|
| 523 | + | 15 (b) (a) If an applicant's current license or certificate from one |
---|
| 524 | + | 16 (1) other state or jurisdiction is verified by the board and the An |
---|
| 525 | + | 17 applicant who has met the requirements in subsection (a) sections 5 |
---|
| 526 | + | 18 and 6 of this chapter, the applicant shall be issued a provisional |
---|
| 527 | + | 19 license or provisional certificate not more than thirty (30) days after the |
---|
| 528 | + | 20 requirements are met. |
---|
| 529 | + | 21 (c) A provisional license or provisional certificate expires on the |
---|
| 530 | + | 22 earlier of the following: |
---|
| 531 | + | 23 (1) Three hundred sixty-five (365) days after it is issued. |
---|
| 532 | + | 24 (2) The date on which the board approves and issues the |
---|
| 533 | + | 25 individual a license or certificate for the occupation. |
---|
| 534 | + | 26 (3) The date on which the board denies the individual's |
---|
| 535 | + | 27 application for a license or certificate for the occupation. |
---|
| 536 | + | 28 (d) In addition to any other penalties for perjury, an individual who |
---|
| 537 | + | 29 violates this section commits a Class A infraction. |
---|
| 538 | + | 30 (e) If the board discovers that any of the information submitted |
---|
| 539 | + | 31 under this section is false, the board may immediately revoke the |
---|
| 540 | + | 32 individual's provisional license or provisional certificate. |
---|
| 541 | + | 33 (f) This section does not apply to a license or certificate that is |
---|
| 542 | + | 34 established by or recognized through an interstate compact, a |
---|
| 543 | + | 35 reciprocity agreement, or a comity agreement that is established by a |
---|
| 544 | + | 36 board or a law. |
---|
| 545 | + | 37 (g) The board shall make a final decision on a license or certificate |
---|
| 546 | + | 38 application before the expiration of a provisional license or provisional |
---|
| 547 | + | 39 certificate issued under this section. |
---|
| 548 | + | 40 (b) Not later than the first renewal of the license or certificate |
---|
| 549 | + | 41 issued by the board under subsection (a), any remaining licenses or |
---|
| 550 | + | 42 certificates from other states or jurisdictions must be verified to be |
---|
| 551 | + | EH 1460—LS 7208/DI 77 13 |
---|
| 552 | + | 1 in good standing by the board for the license or certificate to be |
---|
| 553 | + | 2 renewed. |
---|
| 554 | + | 3 SECTION 12. IC 25-23-1-3, AS AMENDED BY P.L.249-2019, |
---|
| 555 | + | 4 SECTION 100, IS AMENDED TO READ AS FOLLOWS |
---|
| 556 | + | 5 [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) At any time there is a |
---|
| 557 | + | 6 vacancy, the Indiana State Nurses' Association shall recommend to the |
---|
| 558 | + | 7 governor a list of qualified registered nurses for appointment to the |
---|
| 559 | + | 8 board in the number of not less than twice the number of registered |
---|
| 560 | + | 9 nurse vacancies to be filled. |
---|
| 561 | + | 10 (b) At any time there is a vacancy, the Indiana Federation of |
---|
| 562 | + | 11 Licensed Practical Nurses' shall recommend to the governor a list of |
---|
| 563 | + | 12 qualified licensed practical nurses and nurse educators of Practical |
---|
| 564 | + | 13 Nurse Programs for appointment to the board in the number of not less |
---|
| 565 | + | 14 than twice the number of vacancies to be filled. |
---|
| 566 | + | 15 SECTION 13. IC 25-23-1-7.2 IS ADDED TO THE INDIANA |
---|
| 567 | + | 16 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
| 568 | + | 17 [EFFECTIVE JULY 1, 2023]: Sec. 7.2. (a) As used in this section, |
---|
| 569 | + | 18 "nursing education program" means a nursing education program |
---|
| 570 | + | 19 that is required to be authorized by the board for proprietary |
---|
| 571 | + | 20 education (established by IC 21-18.5-5-1). |
---|
| 572 | + | 21 (b) The board may not prohibit a nursing education program |
---|
| 573 | + | 22 from submitting an application for accreditation to the board |
---|
| 574 | + | 23 before being authorized by the board for proprietary education |
---|
| 575 | + | 24 (established by IC 21-18.5-5-1). |
---|
| 576 | + | 25 (c) The board shall review and approve or deny a nursing |
---|
| 577 | + | 26 education program's application for accreditation within ninety |
---|
| 578 | + | 27 (90) days of being authorized by the board for proprietary |
---|
| 579 | + | 28 education (established by IC 21-18.5-5-1) unless the nursing |
---|
| 580 | + | 29 education program, after receiving authorization from the board |
---|
| 581 | + | 30 of proprietary education, requests additional time from the board |
---|
| 582 | + | 31 before the board's review of the application. |
---|
| 583 | + | 32 SECTION 14. IC 25-23-1-11, AS AMENDED BY P.L.69-2022, |
---|
| 584 | + | 33 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 585 | + | 34 JULY 1, 2023]: Sec. 11. (a) Any person who applies to the board for a |
---|
| 586 | + | 35 license to practice as a registered nurse must: |
---|
| 587 | + | 36 (1) not have: |
---|
| 588 | + | 37 (A) been convicted of a crime that has a direct bearing on the |
---|
| 589 | + | 38 person's ability to practice competently; or |
---|
| 590 | + | 39 (B) committed an act that would constitute a ground for a |
---|
| 591 | + | 40 disciplinary sanction under IC 25-1-9; |
---|
| 592 | + | 41 (2) have completed: |
---|
| 593 | + | 42 (A) the prescribed curriculum and met the graduation |
---|
| 594 | + | EH 1460—LS 7208/DI 77 14 |
---|
| 595 | + | 1 requirements of a state accredited program of registered |
---|
| 596 | + | 2 nursing that only accepts students who have a high school |
---|
| 597 | + | 3 diploma or its equivalent as determined by the board; or |
---|
| 598 | + | 4 (B) the prescribed curriculum and graduation requirements of |
---|
| 599 | + | 5 a nursing education program in a foreign country that is |
---|
| 600 | + | 6 substantially equivalent to a board approved program as |
---|
| 601 | + | 7 determined by the board. The board may by rule adopted under |
---|
| 602 | + | 8 IC 4-22-2 require an applicant under this subsection to |
---|
| 603 | + | 9 successfully complete an examination approved by the board |
---|
| 604 | + | 10 to measure the applicant's qualifications and background in the |
---|
| 605 | + | 11 practice of nursing and proficiency in the English language; |
---|
| 606 | + | 12 and |
---|
| 607 | + | 13 (3) be physically and mentally capable of and professionally |
---|
| 608 | + | 14 competent to safely engage in the practice of nursing as |
---|
| 609 | + | 15 determined by the board. |
---|
| 610 | + | 16 The board may not require a person to have a baccalaureate degree in |
---|
| 611 | + | 17 nursing as a prerequisite for licensure. |
---|
| 612 | + | 18 (b) The applicant must pass an examination in such subjects as the |
---|
| 613 | + | 19 board may determine. |
---|
| 614 | + | 20 (c) The board may issue a temporary registered nurse permit to |
---|
| 615 | + | 21 practice as a registered nurse applicant to a person who has |
---|
| 616 | + | 22 initially applied for license by examination, after the board receives |
---|
| 617 | + | 23 the necessary materials to determine compliance with subsection |
---|
| 618 | + | 24 (a). The temporary registered nurse permit is valid until the earlier |
---|
| 619 | + | 25 of six (6) months after issuance or the registered nurse applicant's |
---|
| 620 | + | 26 examination results under subsection (b) are received. If the |
---|
| 621 | + | 27 registered nurse applicant does not receive a passing score on the |
---|
| 622 | + | 28 first examination under subsection (b), the temporary registered |
---|
| 623 | + | 29 nurse permit is no longer valid. |
---|
| 624 | + | 30 (d) A registered nurse applicant must: |
---|
| 625 | + | 31 (1) practice under the supervision of a registered nurse; and |
---|
| 626 | + | 32 (2) use the abbreviation "RNG" after the registered nurse |
---|
| 627 | + | 33 graduate's name. |
---|
| 628 | + | 34 (c) (e) The board may issue by endorsement a license to practice as |
---|
| 629 | + | 35 a registered nurse to an applicant who has been licensed as a registered |
---|
| 630 | + | 36 nurse, by examination, under the laws of another state if the applicant |
---|
| 631 | + | 37 presents proof satisfactory to the board that, at the time that the |
---|
| 632 | + | 38 applicant applies for an Indiana license by endorsement, the applicant |
---|
| 633 | + | 39 holds a current license in another state and possesses credentials and |
---|
| 634 | + | 40 qualifications that are substantially equivalent to requirements in |
---|
| 635 | + | 41 Indiana for licensure by examination. The board may specify by rule |
---|
| 636 | + | 42 what constitutes substantial equivalence under this subsection. |
---|
| 637 | + | EH 1460—LS 7208/DI 77 15 |
---|
| 638 | + | 1 (d) (f) The board may issue by endorsement a license to practice as |
---|
| 639 | + | 2 a registered nurse to an applicant who: |
---|
| 640 | + | 3 (1) has completed the English version of the: |
---|
| 641 | + | 4 (A) Canadian Nurse Association Testing Service Examination |
---|
| 642 | + | 5 (CNAT); or |
---|
| 643 | + | 6 (B) Canadian Registered Nurse Examination (CRNE); |
---|
| 644 | + | 7 (2) achieved the passing score required on the examination at the |
---|
| 645 | + | 8 time the examination was taken; |
---|
| 646 | + | 9 (3) is currently licensed in a Canadian province or in another |
---|
| 647 | + | 10 state; and |
---|
| 648 | + | 11 (4) meets the other requirements under this section. |
---|
| 649 | + | 12 (e) (g) The board shall issue by endorsement a license to practice as |
---|
| 650 | + | 13 a registered nurse to an applicant who: |
---|
| 651 | + | 14 (1) is a graduate of a foreign nursing school; |
---|
| 652 | + | 15 (2) provides: |
---|
| 653 | + | 16 (A) documentation that the applicant has: |
---|
| 654 | + | 17 (i) taken an examination prepared by the Commission on |
---|
| 655 | + | 18 Graduates of Foreign Nursing Schools International, Inc. |
---|
| 656 | + | 19 (CGFNS); and |
---|
| 657 | + | 20 (ii) achieved the passing score required on the examination |
---|
| 658 | + | 21 at the time the examination was taken; |
---|
| 659 | + | 22 (B) a satisfactory Credentials Evaluation Service Professional |
---|
| 660 | + | 23 Report issued by CGFNS; or |
---|
| 661 | + | 24 (C) a satisfactory VisaScreen Certificate verification letter |
---|
| 662 | + | 25 issued by CGFNS; and |
---|
| 663 | + | 26 (3) meets the other requirements of this section. |
---|
| 664 | + | 27 (f) (h) Each applicant for examination and registration to practice |
---|
| 665 | + | 28 as a registered nurse shall pay: |
---|
| 666 | + | 29 (1) a fee set by the board; and |
---|
| 667 | + | 30 (2) if the applicant is applying for a multistate license (as defined |
---|
| 668 | + | 31 in IC 25-42-1-11) under IC 25-42 (Nurse Licensure Compact), a |
---|
| 669 | + | 32 fee of twenty-five dollars ($25) in addition to the fee under |
---|
| 670 | + | 33 subdivision (1); |
---|
| 671 | + | 34 a part of which must be used for the rehabilitation of impaired |
---|
| 672 | + | 35 registered nurses and impaired licensed practical nurses. Payment of |
---|
| 673 | + | 36 the fee or fees shall be made by the applicant prior to the date of |
---|
| 674 | + | 37 examination. |
---|
| 675 | + | 38 (g) (i) The lesser of the following amounts from fees collected under |
---|
| 676 | + | 39 subsection (f) (h) shall be deposited in the impaired nurses account of |
---|
| 677 | + | 40 the state general fund established by section 34 of this chapter: |
---|
| 678 | + | 41 (1) Twenty-five percent (25%) of the license application fee per |
---|
| 679 | + | 42 license applied for under this section. |
---|
| 680 | + | EH 1460—LS 7208/DI 77 16 |
---|
| 681 | + | 1 (2) The cost per license to operate the impaired nurses program, |
---|
| 682 | + | 2 as determined by the Indiana professional licensing agency. |
---|
| 683 | + | 3 (h) (j) Any person who holds a license to practice as a registered |
---|
| 684 | + | 4 nurse in Indiana or under IC 25-42 may use the title "Registered Nurse" |
---|
| 685 | + | 5 and the abbreviation "R.N.". No other person shall practice or advertise |
---|
| 686 | + | 6 as or assume the title of registered nurse or use the abbreviation of |
---|
| 687 | + | 7 "R.N." or any other words, letters, signs, or figures to indicate that the |
---|
| 688 | + | 8 person using same is a registered nurse. |
---|
| 689 | + | 9 SECTION 15. IC 25-23-1-12, AS AMENDED BY P.L.69-2022, |
---|
| 690 | + | 10 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 691 | + | 11 JULY 1, 2023]: Sec. 12. (a) A person who applies to the board for a |
---|
| 692 | + | 12 license to practice as a licensed practical nurse must: |
---|
| 693 | + | 13 (1) not have been convicted of: |
---|
| 694 | + | 14 (A) an act which would constitute a ground for disciplinary |
---|
| 695 | + | 15 sanction under IC 25-1-9; or |
---|
| 696 | + | 16 (B) a crime that has a direct bearing on the person's ability to |
---|
| 697 | + | 17 practice competently; |
---|
| 698 | + | 18 (2) have completed: |
---|
| 699 | + | 19 (A) the prescribed curriculum and met the graduation |
---|
| 700 | + | 20 requirements of a state accredited program of practical nursing |
---|
| 701 | + | 21 that only accepts students who have a high school diploma or |
---|
| 702 | + | 22 its equivalent, as determined by the board; or |
---|
| 703 | + | 23 (B) the prescribed curriculum and graduation requirements of |
---|
| 704 | + | 24 a nursing education program in a foreign country that is |
---|
| 705 | + | 25 substantially equivalent to a board approved program as |
---|
| 706 | + | 26 determined by the board. The board may by rule adopted under |
---|
| 707 | + | 27 IC 4-22-2 require an applicant under this subsection to |
---|
| 708 | + | 28 successfully complete an examination approved by the board |
---|
| 709 | + | 29 to measure the applicant's qualifications and background in the |
---|
| 710 | + | 30 practice of nursing and proficiency in the English language; |
---|
| 711 | + | 31 and |
---|
| 712 | + | 32 (3) be physically and mentally capable of, and professionally |
---|
| 713 | + | 33 competent to, safely engage in the practice of practical nursing as |
---|
| 714 | + | 34 determined by the board. |
---|
| 715 | + | 35 (b) The applicant must pass an examination in such subjects as the |
---|
| 716 | + | 36 board may determine. |
---|
| 717 | + | 37 (c) The board may issue a temporary licensed practical nurse |
---|
| 718 | + | 38 permit to practice as a licensed practical nurse applicant to a |
---|
| 719 | + | 39 person who has initially applied for license by examination, after |
---|
| 720 | + | 40 the board receives the necessary materials to determine |
---|
| 721 | + | 41 compliance with subsection (a). The temporary licensed practical |
---|
| 722 | + | 42 nurse permit is valid until the earlier of six (6) months after |
---|
| 723 | + | EH 1460—LS 7208/DI 77 17 |
---|
| 724 | + | 1 issuance or the licensed practical nurse applicant's examination |
---|
| 725 | + | 2 results under subsection (b) are received. If the licensed practical |
---|
| 726 | + | 3 nurse applicant does not receive a passing score on the first |
---|
| 727 | + | 4 examination under subsection (b), the temporary licensed practical |
---|
| 728 | + | 5 permit is no longer valid. |
---|
| 729 | + | 6 (d) A licensed practical nurse applicant must: |
---|
| 730 | + | 7 (1) practice under the supervision of a licensed practical nurse |
---|
| 731 | + | 8 or registered nurse; and |
---|
| 732 | + | 9 (2) use the abbreviation "LPNG" after the licensed practical |
---|
| 733 | + | 10 nurse graduate's name. |
---|
| 734 | + | 11 (c) (e) The board may issue by endorsement a license to practice as |
---|
| 735 | + | 12 a licensed practical nurse to an applicant who has been licensed as a |
---|
| 736 | + | 13 licensed practical nurse, by examination, under the laws of another |
---|
| 737 | + | 14 state if the applicant presents proof satisfactory to the board that, at the |
---|
| 738 | + | 15 time of application for an Indiana license by endorsement, the applicant |
---|
| 739 | + | 16 possesses credentials and qualifications that are substantially |
---|
| 740 | + | 17 equivalent to requirements in Indiana for licensure by examination. The |
---|
| 741 | + | 18 board may specify by rule what shall constitute substantial equivalence |
---|
| 742 | + | 19 under this subsection. |
---|
| 743 | + | 20 (d) (f) The board shall issue by endorsement a license to practice as |
---|
| 744 | + | 21 a licensed practical nurse to an applicant who: |
---|
| 745 | + | 22 (1) is a graduate of a foreign nursing school; |
---|
| 746 | + | 23 (2) provides: |
---|
| 747 | + | 24 (A) documentation that the applicant has: |
---|
| 748 | + | 25 (i) taken an examination prepared by the Commission on |
---|
| 749 | + | 26 Graduates of Foreign Nursing Schools International, Inc. |
---|
| 750 | + | 27 (CGFNS); and |
---|
| 751 | + | 28 (ii) achieved the passing score required on the examination |
---|
| 752 | + | 29 at the time the examination was taken; |
---|
| 753 | + | 30 (B) a satisfactory Credentials Evaluation Service Professional |
---|
| 754 | + | 31 Report issued by CGFNS; or |
---|
| 755 | + | 32 (C) a VisaScreen Certificate verification letter issued by |
---|
| 756 | + | 33 CGFNS; and |
---|
| 757 | + | 34 (3) meets the other requirements of this section. |
---|
| 758 | + | 35 (e) (g) Each applicant for examination and registration to practice |
---|
| 759 | + | 36 as a practical nurse shall pay: |
---|
| 760 | + | 37 (1) a fee set by the board; and |
---|
| 761 | + | 38 (2) if the applicant is applying for a multistate license (as defined |
---|
| 762 | + | 39 in IC 25-42-1-11) under IC 25-42 (Nurse Licensure Compact), a |
---|
| 763 | + | 40 fee of twenty-five dollars ($25) in addition to the fee under |
---|
| 764 | + | 41 subdivision (1); |
---|
| 765 | + | 42 a part of which must be used for the rehabilitation of impaired |
---|
| 766 | + | EH 1460—LS 7208/DI 77 18 |
---|
| 767 | + | 1 registered nurses and impaired licensed practical nurses. Payment of |
---|
| 768 | + | 2 the fees shall be made by the applicant before the date of examination. |
---|
| 769 | + | 3 (f) (h) The lesser of the following amounts from fees collected |
---|
| 770 | + | 4 under subsection (e) (g) shall be deposited in the impaired nurses |
---|
| 771 | + | 5 account of the state general fund established by section 34 of this |
---|
| 772 | + | 6 chapter: |
---|
| 773 | + | 7 (1) Twenty-five percent (25%) of the license application fee per |
---|
| 774 | + | 8 license applied for under this section. |
---|
| 775 | + | 9 (2) The cost per license to operate the impaired nurses program, |
---|
| 776 | + | 10 as determined by the Indiana professional licensing agency. |
---|
| 777 | + | 11 (g) (i) Any person who holds a license to practice as a licensed |
---|
| 778 | + | 12 practical nurse in Indiana or under IC 25-42 may use the title "Licensed |
---|
| 779 | + | 13 Practical Nurse" and the abbreviation "L.P.N.". No other person shall |
---|
| 780 | + | 14 practice or advertise as or assume the title of licensed practical nurse |
---|
| 781 | + | 15 or use the abbreviation of "L.P.N." or any other words, letters, signs, or |
---|
| 782 | + | 16 figures to indicate that the person using them is a licensed practical |
---|
| 783 | + | 17 nurse. |
---|
| 784 | + | 18 SECTION 16. IC 25-23-1-20.1, AS ADDED BY P.L.69-2022, |
---|
| 785 | + | 19 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 786 | + | 20 JULY 1, 2023]: Sec. 20.1. (a) As used in this section, "eligible |
---|
| 787 | + | 21 associate or bachelor's degree registered nursing program" means an |
---|
| 788 | + | 22 associate or bachelor's degree registered nursing program that: |
---|
| 789 | + | 23 (1) is accredited by the board; and |
---|
| 790 | + | 24 (2) has an annual rate of successful completion of the National |
---|
| 791 | + | 25 Council Licensure Examination (NCLEX) score of at least eighty |
---|
| 792 | + | 26 percent (80%). |
---|
| 793 | + | 27 (b) As used in this section, "nursing program" means any of the |
---|
| 794 | + | 28 following: |
---|
| 795 | + | 29 (1) A licensed practical nursing program. |
---|
| 796 | + | 30 (2) An associate degree nursing program. |
---|
| 797 | + | 31 (3) A diploma nursing program. |
---|
| 798 | + | 32 (4) A baccalaureate degree nursing program. |
---|
| 799 | + | 33 (c) An eligible associate degree or bachelor's degree registered |
---|
| 800 | + | 34 nursing program that has been operating for at least five (5) years may |
---|
| 801 | + | 35 increase enrollment in the program at any rate the program considers |
---|
| 802 | + | 36 appropriate. |
---|
| 803 | + | 37 (d) A nursing program that: |
---|
| 804 | + | 38 (1) is operated by a postsecondary educational institution, as |
---|
| 805 | + | 39 defined in IC 21-7-13-6(a)(1); |
---|
| 806 | + | 40 (2) was accredited by the board on a date after June 30, 2020; and |
---|
| 807 | + | 41 before July 1, 2021; and |
---|
| 808 | + | 42 (3) has been operating for at least one (1) year; |
---|
| 809 | + | EH 1460—LS 7208/DI 77 19 |
---|
| 810 | + | 1 may increase its enrollment rate by not more than one hundred percent |
---|
| 811 | + | 2 (100%). |
---|
| 812 | + | 3 SECTION 17. IC 25-23-1-27.1, AS AMENDED BY P.L.141-2006, |
---|
| 813 | + | 4 SECTION 107, IS AMENDED TO READ AS FOLLOWS |
---|
| 814 | + | 5 [EFFECTIVE JULY 1, 2023]: Sec. 27.1. (a) As used in this section, |
---|
| 815 | + | 6 "licensed health professional" means: |
---|
| 816 | + | 7 (1) a registered nurse; |
---|
| 817 | + | 8 (2) a licensed practical nurse; |
---|
| 818 | + | 9 (3) a physician with an unlimited license to practice medicine or |
---|
| 819 | + | 10 osteopathic medicine; |
---|
| 820 | + | 11 (4) a licensed dentist; |
---|
| 821 | + | 12 (5) a licensed chiropractor; |
---|
| 822 | + | 13 (6) a licensed optometrist; |
---|
| 823 | + | 14 (7) a licensed pharmacist; |
---|
| 824 | + | 15 (8) a licensed physical therapist; |
---|
| 825 | + | 16 (9) a licensed psychologist; |
---|
| 826 | + | 17 (10) a licensed podiatrist; or |
---|
| 827 | + | 18 (11) a licensed speech-language pathologist or audiologist. |
---|
| 828 | + | 19 (b) This chapter does not prohibit: |
---|
| 829 | + | 20 (1) furnishing nursing assistance in an emergency; |
---|
| 830 | + | 21 (2) the practice of nursing by any student enrolled in a board |
---|
| 831 | + | 22 approved nursing education program where such practice is |
---|
| 832 | + | 23 incidental to the student's program of study; |
---|
| 833 | + | 24 (3) the practice of any nurse who is employed by the government |
---|
| 834 | + | 25 of the United States or any of its bureaus, divisions, or agencies |
---|
| 835 | + | 26 while in the discharge of the nurse's official duties; |
---|
| 836 | + | 27 (4) the gratuitous care of sick, injured, or infirm individuals by |
---|
| 837 | + | 28 friends or the family of that individual; |
---|
| 838 | + | 29 (5) the care of the sick, injured, or infirm in the home for |
---|
| 839 | + | 30 compensation if the person assists only: |
---|
| 840 | + | 31 (A) with personal care; |
---|
| 841 | + | 32 (B) in the administration of a domestic or family remedy; or |
---|
| 842 | + | 33 (C) in the administration of a remedy that is ordered by a |
---|
| 843 | + | 34 licensed health professional and that is within the scope of |
---|
| 844 | + | 35 practice of the licensed health professional under Indiana law; |
---|
| 845 | + | 36 (6) performance of tasks by persons who provide health care |
---|
| 846 | + | 37 services which are delegated or ordered by licensed health |
---|
| 847 | + | 38 professionals, if the delegated or ordered tasks do not exceed the |
---|
| 848 | + | 39 scope of practice of the licensed health professionals under |
---|
| 849 | + | 40 Indiana law; |
---|
| 850 | + | 41 (7) a physician with an unlimited license to practice medicine or |
---|
| 851 | + | 42 osteopathic medicine in Indiana, a licensed dentist, chiropractor, |
---|
| 852 | + | EH 1460—LS 7208/DI 77 20 |
---|
| 853 | + | 1 dental hygienist, optometrist, pharmacist, physical therapist, |
---|
| 854 | + | 2 podiatrist, psychologist, speech-language pathologist, or |
---|
| 855 | + | 3 audiologist from practicing the person's profession; |
---|
| 856 | + | 4 (8) a school corporation or school employee from acting under |
---|
| 857 | + | 5 IC 34-30-14; |
---|
| 858 | + | 6 (9) a personal services attendant from providing authorized |
---|
| 859 | + | 7 attendant care services under IC 12-10-17.1; or |
---|
| 860 | + | 8 (10) an attendant who provides attendant care services (as defined |
---|
| 861 | + | 9 in IC 16-18-2-28.5); or |
---|
| 862 | + | 10 (11) the practice of nursing by a: |
---|
| 863 | + | 11 (A) registered nurse applicant; or |
---|
| 864 | + | 12 (B) licensed practical nurse applicant. |
---|
| 865 | + | 13 SECTION 18. IC 25-23-1-34, AS AMENDED BY P.L.69-2022, |
---|
| 866 | + | 14 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 867 | + | 15 JULY 1, 2023]: Sec. 34. (a) The impaired nurses account is established |
---|
| 868 | + | 16 within the state general fund for the purposes of providing money for: |
---|
| 869 | + | 17 (1) providing rehabilitation of impaired registered nurses or |
---|
| 870 | + | 18 licensed practical nurses under this article; |
---|
| 871 | + | 19 (2) funding the education compliance officer provided for under |
---|
| 872 | + | 20 section 21.5 of this chapter; and |
---|
| 873 | + | 21 (3) carrying out any of the duties of the board. |
---|
| 874 | + | 22 The account shall be administered by the Indiana professional licensing |
---|
| 875 | + | 23 agency. |
---|
| 876 | + | 24 (b) Expenses of administering the account shall be paid from money |
---|
| 877 | + | 25 in the account. The account consists of the following: |
---|
| 878 | + | 26 (1) Funds collected for the rehabilitation of impaired registered |
---|
| 879 | + | 27 nurses and impaired licensed practical nurses under sections |
---|
| 880 | + | 28 11(f), 12(e), 11(h), 12(g), and 16.1(d) of this chapter. |
---|
| 881 | + | 29 (2) Funds collected under section 31(c)(2) of this chapter. |
---|
| 882 | + | 30 (3) Fines collected from registered nurses or licensed practical |
---|
| 883 | + | 31 nurses under IC 25-1-9-9(a)(6). |
---|
| 884 | + | 32 (c) The treasurer of state shall invest the money in the account not |
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| 885 | + | 33 currently needed to meet the obligations of the account in the same |
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| 886 | + | 34 manner as other public money may be invested. |
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| 887 | + | 35 (d) Money in the account is appropriated to the board for the |
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| 888 | + | 36 purposes stated in subsection (a). |
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| 889 | + | 37 (e) The amount paid from the impaired nurses account in a state |
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| 890 | + | 38 fiscal year for the purposes stated in subsection (a)(2) and (a)(3) may |
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| 891 | + | 39 not exceed twelve and one-half percent (12.5%) of the average yearly |
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| 892 | + | 40 revenue of the impaired nurses account for the two (2) preceding state |
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| 893 | + | 41 fiscal years. |
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| 894 | + | EH 1460—LS 7208/DI 77 21 |
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| 895 | + | COMMITTEE REPORT |
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| 896 | + | Mr. Speaker: Your Committee on Employment, Labor and Pensions, |
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| 897 | + | to which was referred House Bill 1460, has had the same under |
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| 898 | + | consideration and begs leave to report the same back to the House with |
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| 899 | + | the recommendation that said bill be amended as follows: |
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| 900 | + | Page 1, delete lines 1 through 15. |
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| 901 | + | Delete page 2. |
---|
| 902 | + | Page 3, delete lines 1 through 25. |
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| 903 | + | Page 8, line 36, delete "ten (10)" and insert "fourteen (14)". |
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| 904 | + | Page 8, line 37, delete "a board's public meeting;" and insert |
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| 905 | + | "adoption of the minutes by the board;". |
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| 906 | + | Page 8, delete lines 39 through 40, begin a new line block indented |
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| 907 | + | and insert: |
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| 908 | + | "board's website within fourteen (14) calendar days of the |
---|
| 909 | + | vacancy;". |
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| 910 | + | Page 9, line 3, after "(60)" insert "calendar". |
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| 911 | + | Page 9, line 4, delete "agency." and insert "agency; and |
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373 | | - | applicable requirements for the vacancy on the board. |
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374 | | - | (e) This section does not affect the manner by which |
---|
375 | | - | recommendations are made to fill a vacancy to be appointed by the |
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376 | | - | governor. |
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377 | | - | SECTION 9. IC 25-1-21-4.5 IS REPEALED [EFFECTIVE JULY |
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378 | | - | 1, 2023]. Sec. 4.5. As used in this chapter, "provisional license or |
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379 | | - | provisional certificate" means a temporary license or certificate issued |
---|
380 | | - | under this chapter that allows the holder to practice the occupation that |
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381 | | - | was applied for and at the same practice level until the license or |
---|
382 | | - | certificate expires under section 7(c) of this chapter. |
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383 | | - | SECTION 10. IC 25-1-21-5, AS ADDED BY P.L.149-2022, |
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384 | | - | SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
385 | | - | JULY 1, 2023]: Sec. 5. Notwithstanding any other law, subject to |
---|
386 | | - | section 11 of this chapter, a board shall issue a license or certificate to |
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387 | | - | an applicant to allow the individual to practice the applicant's |
---|
388 | | - | occupation in Indiana if, upon application to the board, the applicant |
---|
389 | | - | satisfies the following conditions: |
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390 | | - | (1) Holds a current license or certificate from another state or |
---|
391 | | - | jurisdiction; and |
---|
392 | | - | (A) that state's or jurisdiction's requirements for a license or |
---|
393 | | - | certificate are substantially equivalent to or exceed the |
---|
394 | | - | requirements for a license or certificate of the board from |
---|
395 | | - | which the applicant is seeking licensure or certification; or |
---|
396 | | - | (B) when the person was licensed or certified by another state: |
---|
397 | | - | (i) there were minimum education requirements in the other |
---|
398 | | - | state; |
---|
399 | | - | (ii) if there were applicable work experience and clinical |
---|
400 | | - | supervision requirements in effect, the person met those |
---|
401 | | - | HEA 1460 — Concur 10 |
---|
402 | | - | requirements in order to be licensed or certified in that state; |
---|
403 | | - | and |
---|
404 | | - | (iii) if required by the other state, the person previously |
---|
405 | | - | passed an examination required for the license or |
---|
406 | | - | certification. |
---|
407 | | - | (2) Has not committed any act in any state or jurisdiction that |
---|
408 | | - | would have constituted grounds for refusal, suspension, or |
---|
409 | | - | revocation of a license, certificate, registration, or permit to |
---|
410 | | - | practice that occupation in Indiana at the time the act was |
---|
411 | | - | committed. |
---|
412 | | - | (3) Does not have a complaint or an investigation pending before |
---|
413 | | - | the regulating agency in another state or jurisdiction that relates |
---|
414 | | - | to unprofessional conduct. |
---|
415 | | - | (4) Is in good standing and has not been disciplined by the agency |
---|
416 | | - | that has authority to issue the license or certification. |
---|
417 | | - | (5) Submits a signed affidavit affirming, under the penalties |
---|
418 | | - | for perjury, the following: |
---|
419 | | - | (A) The individual is in good standing in all states and |
---|
420 | | - | jurisdictions in which the individual holds a license or |
---|
421 | | - | certificate for the occupation applied for. |
---|
422 | | - | (B) The individual has not had a license, certificate, |
---|
423 | | - | registration, or permit revoked and has not voluntarily |
---|
424 | | - | surrendered a license, certificate, registration, or permit in |
---|
425 | | - | another state or jurisdiction while under investigation for |
---|
426 | | - | unprofessional conduct. |
---|
427 | | - | (C) The individual has not had discipline imposed by the |
---|
428 | | - | regulating agency for the occupation in another state or |
---|
429 | | - | jurisdiction. |
---|
430 | | - | (D) The individual does not have a complaint or an |
---|
431 | | - | investigation pending before the regulating agency in |
---|
432 | | - | another state or jurisdiction that relates to unprofessional |
---|
433 | | - | conduct. |
---|
434 | | - | (5) (6) If a law regulating the applicant's occupation requires the |
---|
435 | | - | board to administer an examination on the relevant laws of |
---|
436 | | - | Indiana, the board may require the applicant to take and pass an |
---|
437 | | - | examination specific to the laws of Indiana. |
---|
438 | | - | (6) (7) Pays any fees required by the board for which the applicant |
---|
439 | | - | is seeking licensure or certification. |
---|
440 | | - | SECTION 11. IC 25-1-21-7, AS ADDED BY P.L.149-2022, |
---|
441 | | - | SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
442 | | - | JULY 1, 2023]: Sec. 7. (a) Notwithstanding any other law, an applicant |
---|
443 | | - | for a license or certificate is entitled to a provisional license or |
---|
444 | | - | provisional certificate in the occupation applied for and at the same |
---|
445 | | - | practice level as determined by the board, without an examination, if |
---|
446 | | - | HEA 1460 — Concur 11 |
---|
447 | | - | all of the following conditions are met: |
---|
448 | | - | (1) The individual submits a signed affidavit affirming, under the |
---|
449 | | - | penalties for perjury, the following: |
---|
450 | | - | (A) The individual is in good standing in all states and |
---|
451 | | - | jurisdictions in which the individual holds a license or |
---|
452 | | - | certificate for the occupation applied for. |
---|
453 | | - | (B) The individual has not had a license revoked and has not |
---|
454 | | - | voluntarily surrendered a license in another state or |
---|
455 | | - | jurisdiction while under investigation for unprofessional |
---|
456 | | - | conduct. |
---|
457 | | - | (C) The individual has not had discipline imposed by the |
---|
458 | | - | regulating agency for the occupation in another state or |
---|
459 | | - | jurisdiction. |
---|
460 | | - | (D) The individual does not have a complaint or an |
---|
461 | | - | investigation pending before the regulating agency in another |
---|
462 | | - | state or jurisdiction that relates to unprofessional conduct. |
---|
463 | | - | (2) The individual does not have a disqualifying criminal history, |
---|
464 | | - | as determined by the board, if a national criminal history |
---|
465 | | - | background check (as defined in IC 25-1-1.1-4) is required under |
---|
466 | | - | IC 25-1-1.1-4 for the occupation for which the applicant seeks a |
---|
467 | | - | license or certificate. |
---|
468 | | - | (3) The individual submits verification that the individual is |
---|
469 | | - | currently licensed or certified in at least one (1) other state or |
---|
470 | | - | jurisdiction in the occupation applied for. |
---|
471 | | - | (4) The individual has submitted an application for a license or |
---|
472 | | - | certificate under this chapter with the board and has paid any |
---|
473 | | - | application fee. |
---|
474 | | - | (b) (a) If an applicant's current license or certificate from one |
---|
475 | | - | (1) other state or jurisdiction is verified by the board and the An |
---|
476 | | - | applicant who has met the requirements in subsection (a) sections 5 |
---|
477 | | - | and 6 of this chapter, the applicant shall be issued a provisional |
---|
478 | | - | license or provisional certificate not more than thirty (30) days after the |
---|
479 | | - | requirements are met. |
---|
480 | | - | (c) A provisional license or provisional certificate expires on the |
---|
481 | | - | earlier of the following: |
---|
482 | | - | (1) Three hundred sixty-five (365) days after it is issued. |
---|
483 | | - | (2) The date on which the board approves and issues the |
---|
484 | | - | individual a license or certificate for the occupation. |
---|
485 | | - | (3) The date on which the board denies the individual's |
---|
486 | | - | application for a license or certificate for the occupation. |
---|
487 | | - | (d) In addition to any other penalties for perjury, an individual who |
---|
488 | | - | violates this section commits a Class A infraction. |
---|
489 | | - | (e) If the board discovers that any of the information submitted |
---|
490 | | - | under this section is false, the board may immediately revoke the |
---|
491 | | - | HEA 1460 — Concur 12 |
---|
492 | | - | individual's provisional license or provisional certificate. |
---|
493 | | - | (f) This section does not apply to a license or certificate that is |
---|
494 | | - | established by or recognized through an interstate compact, a |
---|
495 | | - | reciprocity agreement, or a comity agreement that is established by a |
---|
496 | | - | board or a law. |
---|
497 | | - | (g) The board shall make a final decision on a license or certificate |
---|
498 | | - | application before the expiration of a provisional license or provisional |
---|
499 | | - | certificate issued under this section. |
---|
500 | | - | (b) Not later than the first renewal of the license or certificate |
---|
501 | | - | issued by the board under subsection (a), any remaining licenses or |
---|
502 | | - | certificates from other states or jurisdictions must be verified to be |
---|
503 | | - | in good standing by the board for the license or certificate to be |
---|
504 | | - | renewed. |
---|
505 | | - | SECTION 12. IC 25-23-1-3, AS AMENDED BY P.L.249-2019, |
---|
506 | | - | SECTION 100, IS AMENDED TO READ AS FOLLOWS |
---|
507 | | - | [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) At any time there is a |
---|
508 | | - | vacancy, the Indiana State Nurses' Association shall recommend to the |
---|
509 | | - | governor a list of qualified registered nurses for appointment to the |
---|
510 | | - | board in the number of not less than twice the number of registered |
---|
511 | | - | nurse vacancies to be filled. |
---|
512 | | - | (b) At any time there is a vacancy, the Indiana Federation of |
---|
513 | | - | Licensed Practical Nurses' shall recommend to the governor a list of |
---|
514 | | - | qualified licensed practical nurses and nurse educators of Practical |
---|
515 | | - | Nurse Programs for appointment to the board in the number of not less |
---|
516 | | - | than twice the number of vacancies to be filled. |
---|
517 | | - | SECTION 13. IC 25-23-1-7.2 IS ADDED TO THE INDIANA |
---|
518 | | - | CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
519 | | - | [EFFECTIVE JULY 1, 2023]: Sec. 7.2. (a) As used in this section, |
---|
520 | | - | "nursing education program" means a nursing education program |
---|
521 | | - | that is required to be authorized by the board for proprietary |
---|
522 | | - | education (established by IC 21-18.5-5-1). |
---|
523 | | - | (b) The board may not prohibit a nursing education program |
---|
524 | | - | from submitting an application for accreditation to the board |
---|
525 | | - | before being authorized by the board for proprietary education |
---|
526 | | - | (established by IC 21-18.5-5-1). |
---|
527 | | - | (c) The board shall review and approve or deny a nursing |
---|
528 | | - | education program's application for accreditation within ninety |
---|
529 | | - | (90) days of being authorized by the board for proprietary |
---|
530 | | - | education (established by IC 21-18.5-5-1) unless the nursing |
---|
531 | | - | education program, after receiving authorization from the board |
---|
532 | | - | of proprietary education, requests additional time from the board |
---|
533 | | - | before the board's review of the application. |
---|
534 | | - | SECTION 14. IC 25-23-1-11, AS AMENDED BY P.L.69-2022, |
---|
535 | | - | SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
536 | | - | HEA 1460 — Concur 13 |
---|
537 | | - | JULY 1, 2023]: Sec. 11. (a) Any person who applies to the board for a |
---|
538 | | - | license to practice as a registered nurse must: |
---|
539 | | - | (1) not have: |
---|
540 | | - | (A) been convicted of a crime that has a direct bearing on the |
---|
541 | | - | person's ability to practice competently; or |
---|
542 | | - | (B) committed an act that would constitute a ground for a |
---|
543 | | - | disciplinary sanction under IC 25-1-9; |
---|
544 | | - | (2) have completed: |
---|
545 | | - | (A) the prescribed curriculum and met the graduation |
---|
546 | | - | requirements of a state accredited program of registered |
---|
547 | | - | nursing that only accepts students who have a high school |
---|
548 | | - | diploma or its equivalent as determined by the board; or |
---|
549 | | - | (B) the prescribed curriculum and graduation requirements of |
---|
550 | | - | a nursing education program in a foreign country that is |
---|
551 | | - | substantially equivalent to a board approved program as |
---|
552 | | - | determined by the board. The board may by rule adopted under |
---|
553 | | - | IC 4-22-2 require an applicant under this subsection to |
---|
554 | | - | successfully complete an examination approved by the board |
---|
555 | | - | to measure the applicant's qualifications and background in the |
---|
556 | | - | practice of nursing and proficiency in the English language; |
---|
557 | | - | and |
---|
558 | | - | (3) be physically and mentally capable of and professionally |
---|
559 | | - | competent to safely engage in the practice of nursing as |
---|
560 | | - | determined by the board. |
---|
561 | | - | The board may not require a person to have a baccalaureate degree in |
---|
562 | | - | nursing as a prerequisite for licensure. |
---|
563 | | - | (b) The applicant must pass an examination in such subjects as the |
---|
564 | | - | board may determine. |
---|
565 | | - | (c) The board may issue a temporary registered nurse permit to |
---|
566 | | - | practice as a registered nurse applicant to a person who has |
---|
567 | | - | initially applied for license by examination, after the board receives |
---|
568 | | - | the necessary materials to determine compliance with subsection |
---|
569 | | - | (a). The temporary registered nurse permit is valid until the earlier |
---|
570 | | - | of six (6) months after issuance or the registered nurse applicant's |
---|
571 | | - | examination results under subsection (b) are received. If the |
---|
572 | | - | registered nurse applicant does not receive a passing score on the |
---|
573 | | - | first examination under subsection (b), the temporary registered |
---|
574 | | - | nurse permit is no longer valid. |
---|
575 | | - | (d) A registered nurse applicant must: |
---|
576 | | - | (1) practice under the supervision of a registered nurse; and |
---|
577 | | - | (2) use the abbreviation "RNG" after the registered nurse |
---|
578 | | - | graduate's name. |
---|
579 | | - | (c) (e) The board may issue by endorsement a license to practice as |
---|
580 | | - | a registered nurse to an applicant who has been licensed as a registered |
---|
581 | | - | HEA 1460 — Concur 14 |
---|
582 | | - | nurse, by examination, under the laws of another state if the applicant |
---|
583 | | - | presents proof satisfactory to the board that, at the time that the |
---|
584 | | - | applicant applies for an Indiana license by endorsement, the applicant |
---|
585 | | - | holds a current license in another state and possesses credentials and |
---|
586 | | - | qualifications that are substantially equivalent to requirements in |
---|
587 | | - | Indiana for licensure by examination. The board may specify by rule |
---|
588 | | - | what constitutes substantial equivalence under this subsection. |
---|
589 | | - | (d) (f) The board may issue by endorsement a license to practice as |
---|
590 | | - | a registered nurse to an applicant who: |
---|
591 | | - | (1) has completed the English version of the: |
---|
592 | | - | (A) Canadian Nurse Association Testing Service Examination |
---|
593 | | - | (CNAT); or |
---|
594 | | - | (B) Canadian Registered Nurse Examination (CRNE); |
---|
595 | | - | (2) achieved the passing score required on the examination at the |
---|
596 | | - | time the examination was taken; |
---|
597 | | - | (3) is currently licensed in a Canadian province or in another |
---|
598 | | - | state; and |
---|
599 | | - | (4) meets the other requirements under this section. |
---|
600 | | - | (e) (g) The board shall issue by endorsement a license to practice as |
---|
601 | | - | a registered nurse to an applicant who: |
---|
602 | | - | (1) is a graduate of a foreign nursing school; |
---|
603 | | - | (2) provides: |
---|
604 | | - | (A) documentation that the applicant has: |
---|
605 | | - | (i) taken an examination prepared by the Commission on |
---|
606 | | - | Graduates of Foreign Nursing Schools International, Inc. |
---|
607 | | - | (CGFNS); and |
---|
608 | | - | (ii) achieved the passing score required on the examination |
---|
609 | | - | at the time the examination was taken; |
---|
610 | | - | (B) a satisfactory Credentials Evaluation Service Professional |
---|
611 | | - | Report issued by CGFNS; or |
---|
612 | | - | (C) a satisfactory VisaScreen Certificate verification letter |
---|
613 | | - | issued by CGFNS; and |
---|
614 | | - | (3) meets the other requirements of this section. |
---|
615 | | - | (f) (h) Each applicant for examination and registration to practice |
---|
616 | | - | as a registered nurse shall pay: |
---|
617 | | - | (1) a fee set by the board; and |
---|
618 | | - | (2) if the applicant is applying for a multistate license (as defined |
---|
619 | | - | in IC 25-42-1-11) under IC 25-42 (Nurse Licensure Compact), a |
---|
620 | | - | fee of twenty-five dollars ($25) in addition to the fee under |
---|
621 | | - | subdivision (1); |
---|
622 | | - | a part of which must be used for the rehabilitation of impaired |
---|
623 | | - | registered nurses and impaired licensed practical nurses. Payment of |
---|
624 | | - | the fee or fees shall be made by the applicant prior to the date of |
---|
625 | | - | examination. |
---|
626 | | - | HEA 1460 — Concur 15 |
---|
627 | | - | (g) (i) The lesser of the following amounts from fees collected under |
---|
628 | | - | subsection (f) (h) shall be deposited in the impaired nurses account of |
---|
629 | | - | the state general fund established by section 34 of this chapter: |
---|
630 | | - | (1) Twenty-five percent (25%) of the license application fee per |
---|
631 | | - | license applied for under this section. |
---|
632 | | - | (2) The cost per license to operate the impaired nurses program, |
---|
633 | | - | as determined by the Indiana professional licensing agency. |
---|
634 | | - | (h) (j) Any person who holds a license to practice as a registered |
---|
635 | | - | nurse in Indiana or under IC 25-42 may use the title "Registered Nurse" |
---|
636 | | - | and the abbreviation "R.N.". No other person shall practice or advertise |
---|
637 | | - | as or assume the title of registered nurse or use the abbreviation of |
---|
638 | | - | "R.N." or any other words, letters, signs, or figures to indicate that the |
---|
639 | | - | person using same is a registered nurse. |
---|
640 | | - | SECTION 15. IC 25-23-1-12, AS AMENDED BY P.L.69-2022, |
---|
641 | | - | SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
642 | | - | JULY 1, 2023]: Sec. 12. (a) A person who applies to the board for a |
---|
643 | | - | license to practice as a licensed practical nurse must: |
---|
644 | | - | (1) not have been convicted of: |
---|
645 | | - | (A) an act which would constitute a ground for disciplinary |
---|
646 | | - | sanction under IC 25-1-9; or |
---|
647 | | - | (B) a crime that has a direct bearing on the person's ability to |
---|
648 | | - | practice competently; |
---|
649 | | - | (2) have completed: |
---|
650 | | - | (A) the prescribed curriculum and met the graduation |
---|
651 | | - | requirements of a state accredited program of practical nursing |
---|
652 | | - | that only accepts students who have a high school diploma or |
---|
653 | | - | its equivalent, as determined by the board; or |
---|
654 | | - | (B) the prescribed curriculum and graduation requirements of |
---|
655 | | - | a nursing education program in a foreign country that is |
---|
656 | | - | substantially equivalent to a board approved program as |
---|
657 | | - | determined by the board. The board may by rule adopted under |
---|
658 | | - | IC 4-22-2 require an applicant under this subsection to |
---|
659 | | - | successfully complete an examination approved by the board |
---|
660 | | - | to measure the applicant's qualifications and background in the |
---|
661 | | - | practice of nursing and proficiency in the English language; |
---|
662 | | - | and |
---|
663 | | - | (3) be physically and mentally capable of, and professionally |
---|
664 | | - | competent to, safely engage in the practice of practical nursing as |
---|
665 | | - | determined by the board. |
---|
666 | | - | (b) The applicant must pass an examination in such subjects as the |
---|
667 | | - | board may determine. |
---|
668 | | - | (c) The board may issue a temporary licensed practical nurse |
---|
669 | | - | permit to practice as a licensed practical nurse applicant to a |
---|
670 | | - | person who has initially applied for license by examination, after |
---|
671 | | - | HEA 1460 — Concur 16 |
---|
672 | | - | the board receives the necessary materials to determine |
---|
673 | | - | compliance with subsection (a). The temporary licensed practical |
---|
674 | | - | nurse permit is valid until the earlier of six (6) months after |
---|
675 | | - | issuance or the licensed practical nurse applicant's examination |
---|
676 | | - | results under subsection (b) are received. If the licensed practical |
---|
677 | | - | nurse applicant does not receive a passing score on the first |
---|
678 | | - | examination under subsection (b), the temporary licensed practical |
---|
679 | | - | permit is no longer valid. |
---|
680 | | - | (d) A licensed practical nurse applicant must: |
---|
681 | | - | (1) practice under the supervision of a licensed practical nurse |
---|
682 | | - | or registered nurse; and |
---|
683 | | - | (2) use the abbreviation "LPNG" after the licensed practical |
---|
684 | | - | nurse graduate's name. |
---|
685 | | - | (c) (e) The board may issue by endorsement a license to practice as |
---|
686 | | - | a licensed practical nurse to an applicant who has been licensed as a |
---|
687 | | - | licensed practical nurse, by examination, under the laws of another |
---|
688 | | - | state if the applicant presents proof satisfactory to the board that, at the |
---|
689 | | - | time of application for an Indiana license by endorsement, the applicant |
---|
690 | | - | possesses credentials and qualifications that are substantially |
---|
691 | | - | equivalent to requirements in Indiana for licensure by examination. The |
---|
692 | | - | board may specify by rule what shall constitute substantial equivalence |
---|
693 | | - | under this subsection. |
---|
694 | | - | (d) (f) The board shall issue by endorsement a license to practice as |
---|
695 | | - | a licensed practical nurse to an applicant who: |
---|
696 | | - | (1) is a graduate of a foreign nursing school; |
---|
697 | | - | (2) provides: |
---|
698 | | - | (A) documentation that the applicant has: |
---|
699 | | - | (i) taken an examination prepared by the Commission on |
---|
700 | | - | Graduates of Foreign Nursing Schools International, Inc. |
---|
701 | | - | (CGFNS); and |
---|
702 | | - | (ii) achieved the passing score required on the examination |
---|
703 | | - | at the time the examination was taken; |
---|
704 | | - | (B) a satisfactory Credentials Evaluation Service Professional |
---|
705 | | - | Report issued by CGFNS; or |
---|
706 | | - | (C) a VisaScreen Certificate verification letter issued by |
---|
707 | | - | CGFNS; and |
---|
708 | | - | (3) meets the other requirements of this section. |
---|
709 | | - | (e) (g) Each applicant for examination and registration to practice |
---|
710 | | - | as a practical nurse shall pay: |
---|
711 | | - | (1) a fee set by the board; and |
---|
712 | | - | (2) if the applicant is applying for a multistate license (as defined |
---|
713 | | - | in IC 25-42-1-11) under IC 25-42 (Nurse Licensure Compact), a |
---|
714 | | - | fee of twenty-five dollars ($25) in addition to the fee under |
---|
715 | | - | subdivision (1); |
---|
716 | | - | HEA 1460 — Concur 17 |
---|
717 | | - | a part of which must be used for the rehabilitation of impaired |
---|
718 | | - | registered nurses and impaired licensed practical nurses. Payment of |
---|
719 | | - | the fees shall be made by the applicant before the date of examination. |
---|
720 | | - | (f) (h) The lesser of the following amounts from fees collected |
---|
721 | | - | under subsection (e) (g) shall be deposited in the impaired nurses |
---|
722 | | - | account of the state general fund established by section 34 of this |
---|
723 | | - | chapter: |
---|
724 | | - | (1) Twenty-five percent (25%) of the license application fee per |
---|
725 | | - | license applied for under this section. |
---|
726 | | - | (2) The cost per license to operate the impaired nurses program, |
---|
727 | | - | as determined by the Indiana professional licensing agency. |
---|
728 | | - | (g) (i) Any person who holds a license to practice as a licensed |
---|
729 | | - | practical nurse in Indiana or under IC 25-42 may use the title "Licensed |
---|
730 | | - | Practical Nurse" and the abbreviation "L.P.N.". No other person shall |
---|
731 | | - | practice or advertise as or assume the title of licensed practical nurse |
---|
732 | | - | or use the abbreviation of "L.P.N." or any other words, letters, signs, or |
---|
733 | | - | figures to indicate that the person using them is a licensed practical |
---|
734 | | - | nurse. |
---|
735 | | - | SECTION 16. IC 25-23-1-20.1, AS ADDED BY P.L.69-2022, |
---|
736 | | - | SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
737 | | - | JULY 1, 2023]: Sec. 20.1. (a) As used in this section, "eligible |
---|
738 | | - | associate or bachelor's degree registered nursing program" means an |
---|
739 | | - | associate or bachelor's degree registered nursing program that: |
---|
740 | | - | (1) is accredited by the board; and |
---|
741 | | - | (2) has an annual rate of successful completion of the National |
---|
742 | | - | Council Licensure Examination (NCLEX) score of at least eighty |
---|
743 | | - | percent (80%). |
---|
744 | | - | (b) As used in this section, "nursing program" means any of the |
---|
745 | | - | following: |
---|
746 | | - | (1) A licensed practical nursing program. |
---|
747 | | - | (2) An associate degree nursing program. |
---|
748 | | - | (3) A diploma nursing program. |
---|
749 | | - | (4) A baccalaureate degree nursing program. |
---|
750 | | - | (c) An eligible associate degree or bachelor's degree registered |
---|
751 | | - | nursing program that has been operating for at least five (5) years may |
---|
752 | | - | increase enrollment in the program at any rate the program considers |
---|
753 | | - | appropriate. |
---|
754 | | - | (d) A nursing program that: |
---|
755 | | - | (1) is operated by a postsecondary educational institution, as |
---|
756 | | - | defined in IC 21-7-13-6(a)(1); |
---|
757 | | - | (2) was accredited by the board on a date after June 30, 2020; and |
---|
758 | | - | before July 1, 2021; and |
---|
759 | | - | (3) has been operating for at least one (1) year; |
---|
760 | | - | may increase its enrollment rate by not more than one hundred percent |
---|
761 | | - | HEA 1460 — Concur 18 |
---|
762 | | - | (100%). |
---|
763 | | - | SECTION 17. IC 25-23-1-27.1, AS AMENDED BY P.L.141-2006, |
---|
764 | | - | SECTION 107, IS AMENDED TO READ AS FOLLOWS |
---|
765 | | - | [EFFECTIVE JULY 1, 2023]: Sec. 27.1. (a) As used in this section, |
---|
766 | | - | "licensed health professional" means: |
---|
767 | | - | (1) a registered nurse; |
---|
768 | | - | (2) a licensed practical nurse; |
---|
769 | | - | (3) a physician with an unlimited license to practice medicine or |
---|
770 | | - | osteopathic medicine; |
---|
771 | | - | (4) a licensed dentist; |
---|
772 | | - | (5) a licensed chiropractor; |
---|
773 | | - | (6) a licensed optometrist; |
---|
774 | | - | (7) a licensed pharmacist; |
---|
775 | | - | (8) a licensed physical therapist; |
---|
776 | | - | (9) a licensed psychologist; |
---|
777 | | - | (10) a licensed podiatrist; or |
---|
778 | | - | (11) a licensed speech-language pathologist or audiologist. |
---|
779 | | - | (b) This chapter does not prohibit: |
---|
780 | | - | (1) furnishing nursing assistance in an emergency; |
---|
781 | | - | (2) the practice of nursing by any student enrolled in a board |
---|
782 | | - | approved nursing education program where such practice is |
---|
783 | | - | incidental to the student's program of study; |
---|
784 | | - | (3) the practice of any nurse who is employed by the government |
---|
785 | | - | of the United States or any of its bureaus, divisions, or agencies |
---|
786 | | - | while in the discharge of the nurse's official duties; |
---|
787 | | - | (4) the gratuitous care of sick, injured, or infirm individuals by |
---|
788 | | - | friends or the family of that individual; |
---|
789 | | - | (5) the care of the sick, injured, or infirm in the home for |
---|
790 | | - | compensation if the person assists only: |
---|
791 | | - | (A) with personal care; |
---|
792 | | - | (B) in the administration of a domestic or family remedy; or |
---|
793 | | - | (C) in the administration of a remedy that is ordered by a |
---|
794 | | - | licensed health professional and that is within the scope of |
---|
795 | | - | practice of the licensed health professional under Indiana law; |
---|
796 | | - | (6) performance of tasks by persons who provide health care |
---|
797 | | - | services which are delegated or ordered by licensed health |
---|
798 | | - | professionals, if the delegated or ordered tasks do not exceed the |
---|
799 | | - | scope of practice of the licensed health professionals under |
---|
800 | | - | Indiana law; |
---|
801 | | - | (7) a physician with an unlimited license to practice medicine or |
---|
802 | | - | osteopathic medicine in Indiana, a licensed dentist, chiropractor, |
---|
803 | | - | dental hygienist, optometrist, pharmacist, physical therapist, |
---|
804 | | - | podiatrist, psychologist, speech-language pathologist, or |
---|
805 | | - | audiologist from practicing the person's profession; |
---|
806 | | - | HEA 1460 — Concur 19 |
---|
807 | | - | (8) a school corporation or school employee from acting under |
---|
808 | | - | IC 34-30-14; |
---|
809 | | - | (9) a personal services attendant from providing authorized |
---|
810 | | - | attendant care services under IC 12-10-17.1; or |
---|
811 | | - | (10) an attendant who provides attendant care services (as defined |
---|
812 | | - | in IC 16-18-2-28.5); or |
---|
813 | | - | (11) the practice of nursing by a: |
---|
814 | | - | (A) registered nurse applicant; or |
---|
815 | | - | (B) licensed practical nurse applicant. |
---|
816 | | - | SECTION 18. IC 25-23-1-34, AS AMENDED BY P.L.69-2022, |
---|
817 | | - | SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
818 | | - | JULY 1, 2023]: Sec. 34. (a) The impaired nurses account is established |
---|
819 | | - | within the state general fund for the purposes of providing money for: |
---|
820 | | - | (1) providing rehabilitation of impaired registered nurses or |
---|
821 | | - | licensed practical nurses under this article; |
---|
822 | | - | (2) funding the education compliance officer provided for under |
---|
823 | | - | section 21.5 of this chapter; and |
---|
824 | | - | (3) carrying out any of the duties of the board. |
---|
825 | | - | The account shall be administered by the Indiana professional licensing |
---|
826 | | - | agency. |
---|
827 | | - | (b) Expenses of administering the account shall be paid from money |
---|
828 | | - | in the account. The account consists of the following: |
---|
829 | | - | (1) Funds collected for the rehabilitation of impaired registered |
---|
830 | | - | nurses and impaired licensed practical nurses under sections |
---|
831 | | - | 11(f), 12(e), 11(h), 12(g), and 16.1(d) of this chapter. |
---|
832 | | - | (2) Funds collected under section 31(c)(2) of this chapter. |
---|
833 | | - | (3) Fines collected from registered nurses or licensed practical |
---|
834 | | - | nurses under IC 25-1-9-9(a)(6). |
---|
835 | | - | (c) The treasurer of state shall invest the money in the account not |
---|
836 | | - | currently needed to meet the obligations of the account in the same |
---|
837 | | - | manner as other public money may be invested. |
---|
838 | | - | (d) Money in the account is appropriated to the board for the |
---|
839 | | - | purposes stated in subsection (a). |
---|
840 | | - | (e) The amount paid from the impaired nurses account in a state |
---|
841 | | - | fiscal year for the purposes stated in subsection (a)(2) and (a)(3) may |
---|
842 | | - | not exceed twelve and one-half percent (12.5%) of the average yearly |
---|
843 | | - | revenue of the impaired nurses account for the two (2) preceding state |
---|
844 | | - | fiscal years. |
---|
845 | | - | HEA 1460 — Concur Speaker of the House of Representatives |
---|
846 | | - | President of the Senate |
---|
847 | | - | President Pro Tempore |
---|
848 | | - | Governor of the State of Indiana |
---|
849 | | - | Date: Time: |
---|
850 | | - | HEA 1460 — Concur |
---|
| 942 | + | applicable requirements for the vacancy on the board.". |
---|
| 943 | + | Page 18, delete lines 5 through 9. |
---|
| 944 | + | Page 20, delete lines 18 through 22. |
---|
| 945 | + | Page 23, delete lines 30 through 42. |
---|
| 946 | + | Delete pages 24 through 26. |
---|
| 947 | + | Renumber all SECTIONS consecutively. |
---|
| 948 | + | and when so amended that said bill do pass. |
---|
| 949 | + | (Reference is to HB 1460 as introduced.) |
---|
| 950 | + | VANNATTER |
---|
| 951 | + | Committee Vote: yeas 13, nays 0. |
---|
| 952 | + | _____ |
---|
| 953 | + | HOUSE MOTION |
---|
| 954 | + | Mr. Speaker: I move that House Bill 1460 be amended to read as |
---|
| 955 | + | follows: |
---|
| 956 | + | Page 4, delete lines 10 through 15. |
---|
| 957 | + | Page 4, delete lines 27 through 28. |
---|
| 958 | + | Page 4, line 29, delete "(9)" and insert "(8)". |
---|
| 959 | + | Page 5, delete line 1. |
---|
| 960 | + | Page 5, line 2, delete "(4)" and insert "(3)". |
---|
| 961 | + | Page 5, line 3, delete "(5)" and insert "(4)". |
---|
| 962 | + | Page 5, line 4, delete "(6)" and insert "(5)". |
---|
| 963 | + | Page 5, line 5, delete "(7)" and insert "(6)". |
---|
| 964 | + | Page 5, line 6, delete "(8)" and insert "(7)". |
---|
| 965 | + | Page 5, line 7, delete "(9)" and insert "(8)". |
---|
| 966 | + | Page 5, line 8, delete "(10)" and insert "(9)". |
---|
| 967 | + | Page 5, line 9, delete "(11)" and insert "(10)". |
---|
| 968 | + | Page 5, line 10, delete "(12)" and insert "(11)". |
---|
| 969 | + | Page 5, line 11, delete "(13)" and insert "(12)". |
---|
| 970 | + | Page 5, line 12, delete "(14)" and insert "(13)". |
---|
| 971 | + | Page 5, line 13, delete "(15)" and insert "(14)". |
---|
| 972 | + | Page 5, line 14, delete "(16)" and insert "(15)". |
---|
| 973 | + | Page 6, delete line 10. |
---|
| 974 | + | EH 1460—LS 7208/DI 77 23 |
---|
| 975 | + | Page 6, line 11, delete "(G)" and insert "(F)". |
---|
| 976 | + | Renumber all SECTIONS consecutively. |
---|
| 977 | + | (Reference is to HB 1460 as printed February 13, 2023.) |
---|
| 978 | + | BARRETT |
---|
| 979 | + | _____ |
---|
| 980 | + | REPORT OF THE PRESIDENT |
---|
| 981 | + | PRO TEMPORE |
---|
| 982 | + | Madam President: Pursuant to Senate Rule 68(b), I hereby report |
---|
| 983 | + | that House Bill 1460, currently assigned to the Committee on |
---|
| 984 | + | Commerce and Technology, be reassigned to the Committee on Health |
---|
| 985 | + | and Provider Services. |
---|
| 986 | + | BRAY |
---|
| 987 | + | _____ |
---|
| 988 | + | COMMITTEE REPORT |
---|
| 989 | + | Madam President: The Senate Committee on Health and Provider |
---|
| 990 | + | Services, to which was referred House Bill No. 1460, has had the same |
---|
| 991 | + | under consideration and begs leave to report the same back to the |
---|
| 992 | + | Senate with the recommendation that said bill be AMENDED as |
---|
| 993 | + | follows: |
---|
| 994 | + | Page 10, delete lines 4 through 19. |
---|
| 995 | + | Page 13, line 42, delete "thirty". |
---|
| 996 | + | Page 14, line 1, delete "(30)" and insert "ninety (90)". |
---|
| 997 | + | Page 14, line 2, delete "." and insert "unless the nursing education |
---|
| 998 | + | program, after receiving authorization from the board of |
---|
| 999 | + | proprietary education, requests additional time from the board |
---|
| 1000 | + | before the board's review of the application.". |
---|
| 1001 | + | Renumber all SECTIONS consecutively. |
---|
| 1002 | + | and when so amended that said bill do pass. |
---|
| 1003 | + | (Reference is to HB 1460 as reprinted February 21, 2023.) |
---|
| 1004 | + | CHARBONNEAU, Chairperson |
---|
| 1005 | + | Committee Vote: Yeas 10, Nays 0. |
---|
| 1006 | + | EH 1460—LS 7208/DI 77 |
---|