Indiana 2023 Regular Session

Indiana House Bill HB1460 Compare Versions

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1+*EH1460.1*
2+April 7, 2023
3+ENGROSSED
4+HOUSE BILL No. 1460
5+_____
6+DIGEST OF HB 1460 (Updated April 5, 2023 10:38 am - DI 104)
7+Citations Affected: IC 5-14; IC 16-27; IC 16-28; IC 25-1; IC 25-23.
8+Synopsis: Professional and occupational licensing. Allows a board
9+that regulates a health care provider or a regulated professional under
10+IC 25 to use electronic means of communication to conduct meetings
11+if certain requirements are met. Allows the Indiana department of
12+health (state department) to collect certain information from
13+individuals who provide home health services, are a qualified
14+medication aide, or are a certified nurse aide. Adds the board of
15+(Continued next page)
16+Effective: July 1, 2023.
17+Barrett, Manning, VanNatter,
18+Fleming
19+(SENATE SPONSOR — JOHNSON T)
20+January 17, 2023, read first time and referred to Committee on Employment, Labor and
21+Pensions.
22+February 13, 2023, amended, reported — Do Pass.
23+February 20, 2023, read second time, amended, ordered engrossed.
24+February 21, 2023, engrossed. Read third time, passed. Yeas 89, nays 0.
25+SENATE ACTION
26+March 6, 2023, read first time and referred to Committee on Commerce and Technology.
27+March 7, 2023, reassigned to Committee on Health and Provider Services pursuant to Rule
28+68(b).
29+April 6, 2023, amended, reported favorably — Do Pass.
30+EH 1460—LS 7208/DI 77 Digest Continued
31+physical therapy and the state department's consumer services and
32+health care regulation commission for purposes of workforce renewal
33+information and an annual report. Establishes time periods for the
34+professional licensing agency (PLA) to post meeting agendas and
35+meeting minutes on the applicable board's website. Requires the PLA
36+to post certain information concerning board vacancies and application
37+forms. Requires the PLA to send notification to an applicant of
38+incomplete items in an application. Requires that new and renewed
39+licenses with the PLA be submitted electronically, unless a paper
40+application is requested. Requires the PLA to post on its website
41+information about the number of licenses issued and wait times for the
42+licenses. Requires the governor to fill a vacancy on certain
43+occupational boards within 90 days. Allows the PLA to make an
44+appointment to the board if the governor does not make the
45+appointment. Allows the board to issue a temporary permit for a
46+registered nurse applicant and a licensed practical nurse applicant.
47+EH 1460—LS 7208/DI 77EH 1460—LS 7208/DI 77 April 7, 2023
148 First Regular Session of the 123rd General Assembly (2023)
249 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
350 Constitution) is being amended, the text of the existing provision will appear in this style type,
451 additions will appear in this style type, and deletions will appear in this style type.
552 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
653 provision adopted), the text of the new provision will appear in this style type. Also, the
754 word NEW will appear in that style type in the introductory clause of each SECTION that adds
855 a new provision to the Indiana Code or the Indiana Constitution.
956 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1057 between statutes enacted by the 2022 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1460
12-AN ACT to amend the Indiana Code concerning professions and
13-occupations.
58+ENGROSSED
59+HOUSE BILL No. 1460
60+A BILL FOR AN ACT to amend the Indiana Code concerning
61+professions and occupations.
1462 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 5-14-1.5-3.8 IS ADDED TO THE INDIANA
16-CODE AS A NEW SECTION TO READ AS FOLLOWS
17-[EFFECTIVE JULY 1, 2023]: Sec. 3.8. (a) As used in this section,
18-"board" means a board that regulates a health care provider or a
19-regulated professional under IC 25.
20-(b) Except as provided in subsection (c), a board may
21-participate in a meeting by any electronic means of communication
22-that does the following:
23-(1) Allows all participating members of the board to
24-simultaneously communicate with each other.
25-(2) Allows an individual subject to a hearing on the
26-individual's license to simultaneously communicate with the
27-board.
28-(3) Allows the public to simultaneously attend and observe the
29-meeting. However, this subdivision does not apply to a
30-meeting held in executive session.
31-A member of a board who participates in a meeting by an
32-electronic means of communication is considered present for
33-purposes of establishing a quorum and taking official action.
34-(c) A board shall meet physically in person at least one (1) time
35-per calendar year.
36-(d) A technological failure in an electronic means of
37-communication that disrupts or prevents:
38-HEA 1460 — Concur 2
39-(1) the simultaneous communication between a member who
40-is not physically present at the meeting of a board; or
41-(2) a member of the public who is not present at the meeting
42-from attending and observing the meeting;
43-does not prevent the board from conducting the meeting or affect
44-the validity of an official action taken by members of the board at
45-the meeting if the total number of the board members participating
46-in the meeting, whether electronically or physically, satisfy the
47-quorum requirements, and if official action is taken, the voting
48-requirements of the board are met. Final action may not be taken
49-on an individual's license if a technological failure in an electronic
50-means of communication disrupts or prevents the individual who
51-is subject to the hearing on the individual's license from
52-simultaneously communicating with the board.
53-(e) The memoranda for a meeting prepared under section 4 of
54-this chapter for a meeting held under this section must:
55-(1) state the name of each member of the board who:
56-(A) participated in the meeting by using any electronic
57-means of communication; or
58-(B) was absent; and
59-(2) identify the electronic means of communication used by:
60-(A) members of the board to participate in the meeting;
61-(B) an individual, who was subject to a hearing on the
62-individual's license, to participate in the meeting; and
63-(C) if the meeting was not held in executive session, the
64-public to attend and observe the meeting.
65-(f) All votes taken during a meeting under this section must be
66-taken by roll call vote.
67-SECTION 2. IC 16-27-1-7.1 IS ADDED TO THE INDIANA CODE
68-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
69-1, 2023]: Sec. 7.1. The state department's authority under this
70-chapter includes the ability to collect information from individuals
71-who provide home health aide services, as specified under
72-IC 25-1-2-10.
73-SECTION 3. IC 16-28-1-11, AS AMENDED BY P.L.180-2019,
74-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
75-JULY 1, 2023]: Sec. 11. (a) Unless an individual is certified under this
76-section:
77-(1) the individual may not practice as a qualified medication aide
78-or a certified nurse aide; and
79-(2) a facility may not employ the individual as a qualified
80-medication aide or a certified nurse aide.
81-(b) The state department shall do the following:
82-(1) Establish a program for the certification of qualified
83-medication aides and certified nurse aides who work in facilities
84-HEA 1460 — Concur 3
85-licensed under this article.
86-(2) Approve education and training programs for qualified
87-medication aides and certified nurse aides, including course and
88-inservice requirements.
89-(3) Determine the standards concerning the functions that may be
90-performed by a qualified medication aide and a certified nurse
91-aide.
92-(4) Establish annual certification fees for qualified medication
93-aides.
94-(5) Adopt rules under IC 4-22-2 necessary to implement and
95-enforce this section.
96-(c) The education and training programs approved by the state
97-department:
98-(1) must include a competency test that an individual must pass
99-before being granted an initial certification as:
100-(A) a qualified medication aide; or
101-(B) a certified nurse aide; and
102-(2) must include an optional training module for qualified
103-medication aides in administering insulin, including:
104-(A) at least four (4), and not more than eight (8), hours of
105-classroom training;
106-(B) at least two (2), and not more than four (4), hours of
107-practical training; and
108-(C) passing a written and practical examination administered
109-by the trainer;
110-in insulin administration to be completed before a qualified
111-medication aide may administer insulin.
112-(d) The state department shall maintain a registry of each individual
113-who is:
114-(1) certified as a:
115-(A) qualified medication aide; or
116-(B) certified nurse aide; or
117-(2) registered as a home health aide under rules adopted under
118-IC 16-27-1-7.
119-(e) The state department may conduct hearings for violations of this
120-section under IC 4-21.5.
121-(f) The state department's authority under this section includes
122-the ability to collect information from individuals certified as a
123-qualified medication aide or certified nurse aide, as specified under
124-IC 25-1-2-10.
125-SECTION 4. IC 25-1-2-10, AS AMENDED BY P.L.85-2021,
126-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
127-JULY 1, 2023]: Sec. 10. (a) As used in this section, "board" means any
128-of the following boards or commissions:
129-HEA 1460 — Concur 4
130-(1) The medical licensing board of Indiana.
131-(2) The Indiana state board of nursing.
132-(3) The state board of dentistry.
133-(4) The behavioral health and human services licensing board.
134-(5) The state psychology board.
135-(6) The Indiana board of pharmacy.
136-(7) The Indiana board of physical therapy.
137-(8) The Indiana department of health's consumer services and
138-health care regulation commission.
139-(b) As used in this section, "license" means:
140-(1) an unlimited license, certificate, or registration;
141-(2) a limited or probationary license, certificate, or registration;
142-(3) a temporary license, certificate, registration, or permit;
143-(4) an intern permit; or
144-(5) a provisional license; or
145-(6) a registration;
146-issued by the board regulating the profession in question.
147-(c) As used in this section, "practitioner" means an individual who
148-holds a license, certificate, or registration under any of the following:
149-(1) IC 16-27-1-7.
150-(2) IC 16-28-1-11.
151-(3) IC 25-3.7.
152-(4) IC 25-8.5.
153-(5) IC 25-13.
154-(1) (6) IC 25-14-1.
155-(2) (7) IC 25-22.5-5.
156-(3) (8) IC 25-23.
157-(9) IC 25-23.5.
158-(4) (10) IC 25-23.6.
159-(5) (11) IC 25-26.
160-(12) IC 25-27.
161-(6) (13) IC 25-27.5.
162-(7) (14) IC 25-33.
163-(15) IC 25-34.5.
164-(d) To allow for programmatic and policy recommendations to
165-improve workforce performance, address identified workforce
166-shortages, and retain practitioners, beginning January 1, 2019, every
167-practitioner who is renewing online a license issued by a board must
168-include the following information related to the practitioner's work in
169-Indiana under the practitioner's license during the previous two (2)
170-years:
171-(1) The practitioner's specialty or field of practice.
172-(2) The following concerning the practitioner's current practice:
173-(A) The location or address.
174-HEA 1460 — Concur 5
175-(B) The setting type.
176-(C) The average hours worked weekly.
177-(D) The health care services provided.
178-(3) The practitioner's education background and training.
179-(4) For a practitioner (as defined in IC 25-1-9.5-3.5), whether the
180-practitioner delivers health care services through telehealth (as
181-defined in IC 25-1-9.5-6).
182-(e) The Indiana professional licensing agency shall do the following:
183-(1) Include notification with a practitioner's license renewal notice
184-that the practitioner must submit the information required under
185-subsection (d) if the practitioner renews the license online.
186-(2) Compile the information collected under this section into an
187-annual report. The report may not contain any personal
188-identifying information and the report must be compliant with the
189-federal Health Insurance Portability and Accountability Act
190-(HIPAA).
191-(3) Post the annual report compiled under this subsection on the
192-agency's Internet web site. website.
193-(4) Submit the annual report compiled under this subsection to the
194-following:
195-(A) The office of Medicaid policy and planning.
196-(B) The department of workforce development.
197-(C) The commission on improving the status of children in
198-Indiana (IC 2-5-36).
199-(D) The legislative council in an electronic format under
200-IC 5-14-6.
201-(E) The office of the attorney general.
202-(F) The Indiana department of health.
203-SECTION 5. IC 25-1-5-4, AS AMENDED BY P.L.78-2017,
204-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
205-JULY 1, 2023]: Sec. 4. (a) The agency shall employ necessary staff,
206-including specialists and professionals, to carry out the administrative
207-duties and functions of the boards, including but not limited to:
208-(1) notice of board meetings and other communication services;
209-(2) recordkeeping of board meetings, proceedings, and actions;
210-(3) recordkeeping of all persons licensed, regulated, or certified
211-by a board;
212-(4) administration of examinations; and
213-(5) administration of license or certificate issuance or renewal.
214-(b) In addition, the agency:
215-(1) shall prepare a consolidated statement of the budget requests
216-of all the boards described in IC 25-0.5-5;
217-(2) may coordinate licensing or certification renewal cycles,
218-examination schedules, or other routine activities to efficiently
219-HEA 1460 — Concur 6
220-utilize agency staff, facilities, and transportation resources, and to
221-improve accessibility of board functions to the public;
222-(3) may consolidate, where feasible, office space, recordkeeping,
223-and data processing services; and
224-(4) shall operate and maintain the electronic registry of
225-professions established under IC 25-1-5.5;
226-(5) shall post each board's public meeting agenda on the
227-applicable board's website not less than seventy-two (72)
228-hours before a board's public meeting;
229-(6) shall post each board's public meeting minutes on the
230-applicable board's website not more than fourteen (14)
231-calendar days after adoption of the minutes by the board;
232-(7) shall post any vacancy on a board on the applicable
233-board's website within fourteen (14) calendar days of the
234-vacancy;
235-(8) notwithstanding any other law:
236-(A) prescribe the application form and manner for each
237-board; and
238-(B) make any new application form publicly available on
239-the applicable board's website for sixty (60) calendar days
240-before being adopted by the agency; and
63+1 SECTION 1. IC 5-14-1.5-3.8 IS ADDED TO THE INDIANA
64+2 CODE AS A NEW SECTION TO READ AS FOLLOWS
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.
68+6 (b) Except as provided in subsection (c), a board may
69+7 participate in a meeting by any electronic means of communication
70+8 that does the following:
71+9 (1) Allows all participating members of the board to
72+10 simultaneously communicate with each other.
73+11 (2) Allows an individual subject to a hearing on the
74+12 individual's license to simultaneously communicate with the
75+13 board.
76+14 (3) Allows the public to simultaneously attend and observe the
77+15 meeting. However, this subdivision does not apply to a
78+EH 1460—LS 7208/DI 77 2
79+1 meeting held in executive session.
80+2 A member of a board who participates in a meeting by an
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
84+6 per calendar year.
85+7 (d) A technological failure in an electronic means of
86+8 communication that disrupts or prevents:
87+9 (1) the simultaneous communication between a member who
88+10 is not physically present at the meeting of a board; or
89+11 (2) a member of the public who is not present at the meeting
90+12 from attending and observing the meeting;
91+13 does not prevent the board from conducting the meeting or affect
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
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
99+21 is subject to the hearing on the individual's license from
100+22 simultaneously communicating with the board.
101+23 (e) The memoranda for a meeting prepared under section 4 of
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
105+27 means of communication; or
106+28 (B) was absent; and
107+29 (2) identify the electronic means of communication used by:
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
110+32 individual's license, to participate in the meeting; and
111+33 (C) if the meeting was not held in executive session, the
112+34 public to attend and observe the meeting.
113+35 (f) All votes taken during a meeting under this section must be
114+36 taken by roll call vote.
115+37 SECTION 2. IC 16-27-1-7.1 IS ADDED TO THE INDIANA CODE
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,
123+2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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:
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.
203+39 (2) (7) IC 25-22.5-5.
204+40 (3) (8) IC 25-23.
205+41 (9) IC 25-23.5.
206+42 (4) (10) IC 25-23.6.
207+EH 1460—LS 7208/DI 77 5
208+1 (5) (11) IC 25-26.
209+2 (12) IC 25-27.
210+3 (6) (13) IC 25-27.5.
211+4 (7) (14) IC 25-33.
212+5 (15) IC 25-34.5.
213+6 (d) To allow for programmatic and policy recommendations to
214+7 improve workforce performance, address identified workforce
215+8 shortages, and retain practitioners, beginning January 1, 2019, every
216+9 practitioner who is renewing online a license issued by a board must
217+10 include the following information related to the practitioner's work in
218+11 Indiana under the practitioner's license during the previous two (2)
219+12 years:
220+13 (1) The practitioner's specialty or field of practice.
221+14 (2) The following concerning the practitioner's current practice:
222+15 (A) The location or address.
223+16 (B) The setting type.
224+17 (C) The average hours worked weekly.
225+18 (D) The health care services provided.
226+19 (3) The practitioner's education background and training.
227+20 (4) For a practitioner (as defined in IC 25-1-9.5-3.5), whether the
228+21 practitioner delivers health care services through telehealth (as
229+22 defined in IC 25-1-9.5-6).
230+23 (e) The Indiana professional licensing agency shall do the following:
231+24 (1) Include notification with a practitioner's license renewal notice
232+25 that the practitioner must submit the information required under
233+26 subsection (d) if the practitioner renews the license online.
234+27 (2) Compile the information collected under this section into an
235+28 annual report. The report may not contain any personal
236+29 identifying information and the report must be compliant with the
237+30 federal Health Insurance Portability and Accountability Act
238+31 (HIPAA).
239+32 (3) Post the annual report compiled under this subsection on the
240+33 agency's Internet web site. website.
241+34 (4) Submit the annual report compiled under this subsection to the
242+35 following:
243+36 (A) The office of Medicaid policy and planning.
244+37 (B) The department of workforce development.
245+38 (C) The commission on improving the status of children in
246+39 Indiana (IC 2-5-36).
247+40 (D) The legislative council in an electronic format under
248+41 IC 5-14-6.
249+42 (E) The office of the attorney general.
250+EH 1460—LS 7208/DI 77 6
251+1 (F) The Indiana department of health.
252+2 SECTION 5. IC 25-1-5-4, AS AMENDED BY P.L.78-2017,
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
256+6 duties and functions of the boards, including but not limited to:
257+7 (1) notice of board meetings and other communication services;
258+8 (2) recordkeeping of board meetings, proceedings, and actions;
259+9 (3) recordkeeping of all persons licensed, regulated, or certified
260+10 by a board;
261+11 (4) administration of examinations; and
262+12 (5) administration of license or certificate issuance or renewal.
263+13 (b) In addition, the agency:
264+14 (1) shall prepare a consolidated statement of the budget requests
265+15 of all the boards described in IC 25-0.5-5;
266+16 (2) may coordinate licensing or certification renewal cycles,
267+17 examination schedules, or other routine activities to efficiently
268+18 utilize agency staff, facilities, and transportation resources, and to
269+19 improve accessibility of board functions to the public;
270+20 (3) may consolidate, where feasible, office space, recordkeeping,
271+21 and data processing services; and
272+22 (4) shall operate and maintain the electronic registry of
273+23 professions established under IC 25-1-5.5;
274+24 (5) shall post each board's public meeting agenda on the
275+25 applicable board's website not less than seventy-two (72)
276+26 hours before a board's public meeting;
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;
280+30 (7) shall post any vacancy on a board on the applicable
281+31 board's website within fourteen (14) calendar days of the
282+32 vacancy;
283+33 (8) notwithstanding any other law:
284+34 (A) prescribe the application form and manner for each
285+35 board; and
286+36 (B) make any new application form publicly available on
287+37 the applicable board's website for sixty (60) calendar days
288+38 before being adopted by the agency; and
289+39 (9) shall send notification of incomplete items in an
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.
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
885+33 currently needed to meet the obligations of the account in the same
886+34 manner as other public money may be invested.
887+35 (d) Money in the account is appropriated to the board for the
888+36 purposes stated in subsection (a).
889+37 (e) The amount paid from the impaired nurses account in a state
890+38 fiscal year for the purposes stated in subsection (a)(2) and (a)(3) may
891+39 not exceed twelve and one-half percent (12.5%) of the average yearly
892+40 revenue of the impaired nurses account for the two (2) preceding state
893+41 fiscal years.
894+EH 1460—LS 7208/DI 77 21
895+COMMITTEE REPORT
896+Mr. Speaker: Your Committee on Employment, Labor and Pensions,
897+to which was referred House Bill 1460, has had the same under
898+consideration and begs leave to report the same back to the House with
899+the recommendation that said bill be amended as follows:
900+Page 1, delete lines 1 through 15.
901+Delete page 2.
902+Page 3, delete lines 1 through 25.
903+Page 8, line 36, delete "ten (10)" and insert "fourteen (14)".
904+Page 8, line 37, delete "a board's public meeting;" and insert
905+"adoption of the minutes by the board;".
906+Page 8, delete lines 39 through 40, begin a new line block indented
907+and insert:
908+"board's website within fourteen (14) calendar days of the
909+vacancy;".
910+Page 9, line 3, after "(60)" insert "calendar".
911+Page 9, line 4, delete "agency." and insert "agency; and
241912 (9) shall send notification of incomplete items in an
242913 application to the applicant every fourteen (14) calendar days
243914 after the applicant initiates the application until the earlier of:
244915 (A) the application is completed; or
245916 (B) one (1) calendar year after the applicant initiates the
246-application.
247-(c) In administering the renewal of licenses or certificates under this
248-chapter, the agency shall send a notice of the upcoming expiration of
249-a license or certificate to each holder of a license or certificate at least
250-ninety (90) days before the expiration of the license or certificate. The
251-notice must inform the holder of the license or certificate of the need
252-to renew and the requirement of payment of the renewal fee. If this
253-notice of expiration is not sent by the agency, the holder of the license
254-or certificate is not subject to a sanction for failure to renew if, once
255-notice is received from the agency, the license or certificate is renewed
256-within forty-five (45) days after receipt of the notice.
257-(d) In administering an examination for licensure or certification,
258-the agency shall make the appropriate application forms available at
259-least thirty (30) days before the deadline for submitting an application
260-to all persons wishing to take the examination.
261-(e) The agency may require an applicant for license renewal to
262-submit evidence proving that:
263-(1) the applicant continues to meet the minimum requirements for
264-licensure; and
265-HEA 1460 — Concur 7
266-(2) the applicant is not in violation of:
267-(A) the statute regulating the applicant's profession; or
268-(B) rules adopted by the board regulating the applicant's
269-profession.
270-(f) The agency shall process an application for renewal of a license
271-or certificate:
272-(1) not later than ten (10) days after the agency receives all
273-required forms and evidence; or
274-(2) within twenty-four (24) hours after the time that an applicant
275-for renewal appears in person at the agency with all required
276-forms and evidence.
277-This subsection does not require the agency to issue a renewal license
278-or certificate to an applicant if subsection (g) applies.
279-(g) The agency may delay issuing a license renewal for up to one
280-hundred twenty (120) days after the renewal date for the purpose of
281-permitting the board to investigate information received by the agency
282-that the applicant for renewal may have committed an act for which the
283-applicant may be disciplined. If the agency delays issuing a license
284-renewal, the agency shall notify the applicant that the applicant is being
285-investigated. Except as provided in subsection (h), before the end of the
286-one hundred twenty (120) day period, the board shall do one (1) of the
287-following:
288-(1) Deny the license renewal following a personal appearance by
289-the applicant before the board.
290-(2) Issue the license renewal upon satisfaction of all other
291-conditions for renewal.
292-(3) Issue the license renewal and file a complaint under IC 25-1-7.
293-(4) Upon agreement of the applicant and the board and following
294-a personal appearance by the applicant before the board, renew
295-the license and place the applicant on probation status under
296-IC 25-1-9-9.
297-(h) If an individual fails to appear before the board under subsection
298-(g), the board may take action on the applicant's license allowed under
299-subsection (g)(1), (g)(2), or (g)(3).
300-(i) The applicant's license remains valid until the final determination
301-of the board is rendered unless the renewal is denied or the license is
302-summarily suspended under IC 25-1-9-10.
303-(j) The license of the applicant for a license renewal remains valid
304-during the one hundred twenty (120) day period unless the license
305-renewal is denied following a personal appearance by the applicant
306-before the board before the end of the one hundred twenty (120) day
307-period. If the one hundred twenty (120) day period expires without
308-action by the board, the license shall be automatically renewed at the
309-end of the one hundred twenty (120) day period.
310-HEA 1460 — Concur 8
311-(k) The board's renewal of a license does not preclude the board
312-from imposing sanctions on the licensee as a result of a complaint filed
313-by the attorney general after renewal of the license.
314-(l) Notwithstanding any other statute, the agency may stagger
315-license or certificate renewal cycles. However, if a renewal cycle for a
316-specific board or committee is changed, the agency must obtain the
317-approval of the affected board or committee.
318-(m) An application for a license, certificate, registration, or permit
319-is abandoned without an action of the board, if the applicant does not
320-complete the requirements to complete the application within one (1)
321-year after the date on which the application was filed. However, the
322-board may, for good cause shown, extend the validity of the application
323-for additional thirty (30) day periods. An application submitted after
324-the abandonment of an application is considered a new application.
325-SECTION 6. IC 25-1-5-4.6 IS ADDED TO THE INDIANA CODE
326-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
327-1, 2023]: Sec. 4.6. (a) Beginning January 1, 2024, all applications
328-for a new license or certificate or renewal of a license or certificate
329-must be submitted electronically, unless an individual requests a
330-paper copy of the application for a new license or certificate or
331-renewal of a license or certificate from the agency. The agency
332-shall prescribe the form and manner to request a paper copy.
333-(b) Beginning January 1, 2024, before February 1 of each
334-calendar year, the agency shall post on its website the following
335-information:
336-(1) The number of new licenses and certificates issued in the
337-preceding calendar year, with the information separated by
338-license and certificate type.
339-(2) The average wait time for new licenses and certificates
340-that were issued after submission of a completed application
341-in the preceding calendar year, with the information
342-separated by license and certificate type.
343-(3) The number of licenses and certificates renewed in the
344-preceding calendar year, with the information separated by
345-license and certificate type.
346-SECTION 7. IC 25-1-6.5-1, AS ADDED BY P.L.249-2019,
347-SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
348-JULY 1, 2023]: Sec. 1. As used in this chapter, "board", except as
349-provided in section 5 of this chapter, refers to any of the entities
350-described in IC 25-0.5-5 or IC 25-0.5-7 and the board of licensure for
351-professional geologists established by IC 25-17.6-2-1.
352-SECTION 8. IC 25-1-6.5-5 IS ADDED TO THE INDIANA CODE
353-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
354-1, 2023]: Sec. 5. (a) As used in this section, "board" has the
355-HEA 1460 — Concur 9
356-meaning set forth in IC 25-0.5-10-1.
357-(b) Notwithstanding any other law, an appointment to a board
917+application.".
918+Page 11, line 12, delete "initial submission" and insert "submission
919+of a completed application".
920+Page 11, delete lines 15 through 22.
921+Page 11, line 23, delete "(5)" and insert "(3)".
922+Page 11, line 34, after "5." insert "(a)".
923+Page 11, delete lines 36 through 42.
924+Page 12, delete lines 1 through 7, begin a new paragraph and insert:
925+"(b) Notwithstanding any other law, an appointment to a board
358926 that is required to be made by the governor must be made within
359927 ninety (90) days of receiving notification of a resignation from the
360928 applicable board.
361929 (c) If the appointment cannot be made within ninety (90) days
362930 under subsection (b), the governor shall notify the Indiana
363931 professional licensing agency (established by IC 25-1-5-3).
364932 (d) If an appointment to a board that is required to be made by
365933 the governor is not made within ninety (90) days of the notification
366934 of the resignation from the applicable board, the Indiana
367935 professional licensing agency (established by IC 25-1-5-3) shall fill
368936 the vacancy:
937+EH 1460—LS 7208/DI 77 22
369938 (1) within thirty (30) days after receiving notice under
370939 subsection (c); or
371940 (2) before the next meeting of the applicable board;
372941 whichever is earlier. However, the candidate must fulfill any
373-applicable requirements for the vacancy on the board.
374-(e) This section does not affect the manner by which
375-recommendations are made to fill a vacancy to be appointed by the
376-governor.
377-SECTION 9. IC 25-1-21-4.5 IS REPEALED [EFFECTIVE JULY
378-1, 2023]. Sec. 4.5. As used in this chapter, "provisional license or
379-provisional certificate" means a temporary license or certificate issued
380-under this chapter that allows the holder to practice the occupation that
381-was applied for and at the same practice level until the license or
382-certificate expires under section 7(c) of this chapter.
383-SECTION 10. IC 25-1-21-5, AS ADDED BY P.L.149-2022,
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
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:
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