First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1460
AN ACT to amend the Indiana Code concerning professions and
occupations.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 5-14-1.5-3.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 3.8. (a) As used in this section,
"board" means a board that regulates a health care provider or a
regulated professional under IC 25.
(b) Except as provided in subsection (c), a board may
participate in a meeting by any electronic means of communication
that does the following:
(1) Allows all participating members of the board to
simultaneously communicate with each other.
(2) Allows an individual subject to a hearing on the
individual's license to simultaneously communicate with the
board.
(3) Allows the public to simultaneously attend and observe the
meeting. However, this subdivision does not apply to a
meeting held in executive session.
A member of a board who participates in a meeting by an
electronic means of communication is considered present for
purposes of establishing a quorum and taking official action.
(c) A board shall meet physically in person at least one (1) time
per calendar year.
(d) A technological failure in an electronic means of
communication that disrupts or prevents:
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(1) the simultaneous communication between a member who
is not physically present at the meeting of a board; or
(2) a member of the public who is not present at the meeting
from attending and observing the meeting;
does not prevent the board from conducting the meeting or affect
the validity of an official action taken by members of the board at
the meeting if the total number of the board members participating
in the meeting, whether electronically or physically, satisfy the
quorum requirements, and if official action is taken, the voting
requirements of the board are met. Final action may not be taken
on an individual's license if a technological failure in an electronic
means of communication disrupts or prevents the individual who
is subject to the hearing on the individual's license from
simultaneously communicating with the board.
(e) The memoranda for a meeting prepared under section 4 of
this chapter for a meeting held under this section must:
(1) state the name of each member of the board who:
(A) participated in the meeting by using any electronic
means of communication; or
(B) was absent; and
(2) identify the electronic means of communication used by:
(A) members of the board to participate in the meeting;
(B) an individual, who was subject to a hearing on the
individual's license, to participate in the meeting; and
(C) if the meeting was not held in executive session, the
public to attend and observe the meeting.
(f) All votes taken during a meeting under this section must be
taken by roll call vote.
SECTION 2. IC 16-27-1-7.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 7.1. The state department's authority under this
chapter includes the ability to collect information from individuals
who provide home health aide services, as specified under
IC 25-1-2-10.
SECTION 3. IC 16-28-1-11, AS AMENDED BY P.L.180-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 11. (a) Unless an individual is certified under this
section:
(1) the individual may not practice as a qualified medication aide
or a certified nurse aide; and
(2) a facility may not employ the individual as a qualified
medication aide or a certified nurse aide.
(b) The state department shall do the following:
(1) Establish a program for the certification of qualified
medication aides and certified nurse aides who work in facilities
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licensed under this article.
(2) Approve education and training programs for qualified
medication aides and certified nurse aides, including course and
inservice requirements.
(3) Determine the standards concerning the functions that may be
performed by a qualified medication aide and a certified nurse
aide.
(4) Establish annual certification fees for qualified medication
aides.
(5) Adopt rules under IC 4-22-2 necessary to implement and
enforce this section.
(c) The education and training programs approved by the state
department:
(1) must include a competency test that an individual must pass
before being granted an initial certification as:
(A) a qualified medication aide; or
(B) a certified nurse aide; and
(2) must include an optional training module for qualified
medication aides in administering insulin, including:
(A) at least four (4), and not more than eight (8), hours of
classroom training;
(B) at least two (2), and not more than four (4), hours of
practical training; and
(C) passing a written and practical examination administered
by the trainer;
in insulin administration to be completed before a qualified
medication aide may administer insulin.
(d) The state department shall maintain a registry of each individual
who is:
(1) certified as a:
(A) qualified medication aide; or
(B) certified nurse aide; or
(2) registered as a home health aide under rules adopted under
IC 16-27-1-7.
(e) The state department may conduct hearings for violations of this
section under IC 4-21.5.
(f) The state department's authority under this section includes
the ability to collect information from individuals certified as a
qualified medication aide or certified nurse aide, as specified under
IC 25-1-2-10.
SECTION 4. IC 25-1-2-10, AS AMENDED BY P.L.85-2021,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 10. (a) As used in this section, "board" means any
of the following boards or commissions:
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(1) The medical licensing board of Indiana.
(2) The Indiana state board of nursing.
(3) The state board of dentistry.
(4) The behavioral health and human services licensing board.
(5) The state psychology board.
(6) The Indiana board of pharmacy.
(7) The Indiana board of physical therapy.
(8) The Indiana department of health's consumer services and
health care regulation commission.
(b) As used in this section, "license" means:
(1) an unlimited license, certificate, or registration;
(2) a limited or probationary license, certificate, or registration;
(3) a temporary license, certificate, registration, or permit;
(4) an intern permit; or
(5) a provisional license; or
(6) a registration;
issued by the board regulating the profession in question.
(c) As used in this section, "practitioner" means an individual who
holds a license, certificate, or registration under any of the following:
(1) IC 16-27-1-7.
(2) IC 16-28-1-11.
(3) IC 25-3.7.
(4) IC 25-8.5.
(5) IC 25-13.
(1) (6) IC 25-14-1.
(2) (7) IC 25-22.5-5.
(3) (8) IC 25-23.
(9) IC 25-23.5.
(4) (10) IC 25-23.6.
(5) (11) IC 25-26.
(12) IC 25-27.
(6) (13) IC 25-27.5.
(7) (14) IC 25-33.
(15) IC 25-34.5.
(d) To allow for programmatic and policy recommendations to
improve workforce performance, address identified workforce
shortages, and retain practitioners, beginning January 1, 2019, every
practitioner who is renewing online a license issued by a board must
include the following information related to the practitioner's work in
Indiana under the practitioner's license during the previous two (2)
years:
(1) The practitioner's specialty or field of practice.
(2) The following concerning the practitioner's current practice:
(A) The location or address.
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(B) The setting type.
(C) The average hours worked weekly.
(D) The health care services provided.
(3) The practitioner's education background and training.
(4) For a practitioner (as defined in IC 25-1-9.5-3.5), whether the
practitioner delivers health care services through telehealth (as
defined in IC 25-1-9.5-6).
(e) The Indiana professional licensing agency shall do the following:
(1) Include notification with a practitioner's license renewal notice
that the practitioner must submit the information required under
subsection (d) if the practitioner renews the license online.
(2) Compile the information collected under this section into an
annual report. The report may not contain any personal
identifying information and the report must be compliant with the
federal Health Insurance Portability and Accountability Act
(HIPAA).
(3) Post the annual report compiled under this subsection on the
agency's Internet web site. website.
(4) Submit the annual report compiled under this subsection to the
following:
(A) The office of Medicaid policy and planning.
(B) The department of workforce development.
(C) The commission on improving the status of children in
Indiana (IC 2-5-36).
(D) The legislative council in an electronic format under
IC 5-14-6.
(E) The office of the attorney general.
(F) The Indiana department of health.
SECTION 5. IC 25-1-5-4, AS AMENDED BY P.L.78-2017,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 4. (a) The agency shall employ necessary staff,
including specialists and professionals, to carry out the administrative
duties and functions of the boards, including but not limited to:
(1) notice of board meetings and other communication services;
(2) recordkeeping of board meetings, proceedings, and actions;
(3) recordkeeping of all persons licensed, regulated, or certified
by a board;
(4) administration of examinations; and
(5) administration of license or certificate issuance or renewal.
(b) In addition, the agency:
(1) shall prepare a consolidated statement of the budget requests
of all the boards described in IC 25-0.5-5;
(2) may coordinate licensing or certification renewal cycles,
examination schedules, or other routine activities to efficiently
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utilize agency staff, facilities, and transportation resources, and to
improve accessibility of board functions to the public;
(3) may consolidate, where feasible, office space, recordkeeping,
and data processing services; and
(4) shall operate and maintain the electronic registry of
professions established under IC 25-1-5.5;
(5) shall post each board's public meeting agenda on the
applicable board's website not less than seventy-two (72)
hours before a board's public meeting;
(6) shall post each board's public meeting minutes on the
applicable board's website not more than fourteen (14)
calendar days after adoption of the minutes by the board;
(7) shall post any vacancy on a board on the applicable
board's website within fourteen (14) calendar days of the
vacancy;
(8) notwithstanding any other law:
(A) prescribe the application form and manner for each
board; and
(B) make any new application form publicly available on
the applicable board's website for sixty (60) calendar days
before being adopted by the agency; and
(9) shall send notification of incomplete items in an
application to the applicant every fourteen (14) calendar days
after the applicant initiates the application until the earlier of:
(A) the application is completed; or
(B) one (1) calendar year after the applicant initiates the
application.
(c) In administering the renewal of licenses or certificates under this
chapter, the agency shall send a notice of the upcoming expiration of
a license or certificate to each holder of a license or certificate at least
ninety (90) days before the expiration of the license or certificate. The
notice must inform the holder of the license or certificate of the need
to renew and the requirement of payment of the renewal fee. If this
notice of expiration is not sent by the agency, the holder of the license
or certificate is not subject to a sanction for failure to renew if, once
notice is received from the agency, the license or certificate is renewed
within forty-five (45) days after receipt of the notice.
(d) In administering an examination for licensure or certification,
the agency shall make the appropriate application forms available at
least thirty (30) days before the deadline for submitting an application
to all persons wishing to take the examination.
(e) The agency may require an applicant for license renewal to
submit evidence proving that:
(1) the applicant continues to meet the minimum requirements for
licensure; and
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(2) the applicant is not in violation of:
(A) the statute regulating the applicant's profession; or
(B) rules adopted by the board regulating the applicant's
profession.
(f) The agency shall process an application for renewal of a license
or certificate:
(1) not later than ten (10) days after the agency receives all
required forms and evidence; or
(2) within twenty-four (24) hours after the time that an applicant
for renewal appears in person at the agency with all required
forms and evidence.
This subsection does not require the agency to issue a renewal license
or certificate to an applicant if subsection (g) applies.
(g) The agency may delay issuing a license renewal for up to one
hundred twenty (120) days after the renewal date for the purpose of
permitting the board to investigate information received by the agency
that the applicant for renewal may have committed an act for which the
applicant may be disciplined. If the agency delays issuing a license
renewal, the agency shall notify the applicant that the applicant is being
investigated. Except as provided in subsection (h), before the end of the
one hundred twenty (120) day period, the board shall do one (1) of the
following:
(1) Deny the license renewal following a personal appearance by
the applicant before the board.
(2) Issue the license renewal upon satisfaction of all other
conditions for renewal.
(3) Issue the license renewal and file a complaint under IC 25-1-7.
(4) Upon agreement of the applicant and the board and following
a personal appearance by the applicant before the board, renew
the license and place the applicant on probation status under
IC 25-1-9-9.
(h) If an individual fails to appear before the board under subsection
(g), the board may take action on the applicant's license allowed under
subsection (g)(1), (g)(2), or (g)(3).
(i) The applicant's license remains valid until the final determination
of the board is rendered unless the renewal is denied or the license is
summarily suspended under IC 25-1-9-10.
(j) The license of the applicant for a license renewal remains valid
during the one hundred twenty (120) day period unless the license
renewal is denied following a personal appearance by the applicant
before the board before the end of the one hundred twenty (120) day
period. If the one hundred twenty (120) day period expires without
action by the board, the license shall be automatically renewed at the
end of the one hundred twenty (120) day period.
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(k) The board's renewal of a license does not preclude the board
from imposing sanctions on the licensee as a result of a complaint filed
by the attorney general after renewal of the license.
(l) Notwithstanding any other statute, the agency may stagger
license or certificate renewal cycles. However, if a renewal cycle for a
specific board or committee is changed, the agency must obtain the
approval of the affected board or committee.
(m) An application for a license, certificate, registration, or permit
is abandoned without an action of the board, if the applicant does not
complete the requirements to complete the application within one (1)
year after the date on which the application was filed. However, the
board may, for good cause shown, extend the validity of the application
for additional thirty (30) day periods. An application submitted after
the abandonment of an application is considered a new application.
SECTION 6. IC 25-1-5-4.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 4.6. (a) Beginning January 1, 2024, all applications
for a new license or certificate or renewal of a license or certificate
must be submitted electronically, unless an individual requests a
paper copy of the application for a new license or certificate or
renewal of a license or certificate from the agency. The agency
shall prescribe the form and manner to request a paper copy.
(b) Beginning January 1, 2024, before February 1 of each
calendar year, the agency shall post on its website the following
information:
(1) The number of new licenses and certificates issued in the
preceding calendar year, with the information separated by
license and certificate type.
(2) The average wait time for new licenses and certificates
that were issued after submission of a completed application
in the preceding calendar year, with the information
separated by license and certificate type.
(3) The number of licenses and certificates renewed in the
preceding calendar year, with the information separated by
license and certificate type.
SECTION 7. IC 25-1-6.5-1, AS ADDED BY P.L.249-2019,
SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 1. As used in this chapter, "board", except as
provided in section 5 of this chapter, refers to any of the entities
described in IC 25-0.5-5 or IC 25-0.5-7 and the board of licensure for
professional geologists established by IC 25-17.6-2-1.
SECTION 8. IC 25-1-6.5-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 5. (a) As used in this section, "board" has the
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meaning set forth in IC 25-0.5-10-1.
(b) Notwithstanding any other law, an appointment to a board
that is required to be made by the governor must be made within
ninety (90) days of receiving notification of a resignation from the
applicable board.
(c) If the appointment cannot be made within ninety (90) days
under subsection (b), the governor shall notify the Indiana
professional licensing agency (established by IC 25-1-5-3).
(d) If an appointment to a board that is required to be made by
the governor is not made within ninety (90) days of the notification
of the resignation from the applicable board, the Indiana
professional licensing agency (established by IC 25-1-5-3) shall fill
the vacancy:
(1) within thirty (30) days after receiving notice under
subsection (c); or
(2) before the next meeting of the applicable board;
whichever is earlier. However, the candidate must fulfill any
applicable requirements for the vacancy on the board.
(e) This section does not affect the manner by which
recommendations are made to fill a vacancy to be appointed by the
governor.
SECTION 9. IC 25-1-21-4.5 IS REPEALED [EFFECTIVE JULY
1, 2023]. Sec. 4.5. As used in this chapter, "provisional license or
provisional certificate" means a temporary license or certificate issued
under this chapter that allows the holder to practice the occupation that
was applied for and at the same practice level until the license or
certificate expires under section 7(c) of this chapter.
SECTION 10. IC 25-1-21-5, AS ADDED BY P.L.149-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 5. Notwithstanding any other law, subject to
section 11 of this chapter, a board shall issue a license or certificate to
an applicant to allow the individual to practice the applicant's
occupation in Indiana if, upon application to the board, the applicant
satisfies the following conditions:
(1) Holds a current license or certificate from another state or
jurisdiction; and
(A) that state's or jurisdiction's requirements for a license or
certificate are substantially equivalent to or exceed the
requirements for a license or certificate of the board from
which the applicant is seeking licensure or certification; or
(B) when the person was licensed or certified by another state:
(i) there were minimum education requirements in the other
state;
(ii) if there were applicable work experience and clinical
supervision requirements in effect, the person met those
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requirements in order to be licensed or certified in that state;
and
(iii) if required by the other state, the person previously
passed an examination required for the license or
certification.
(2) Has not committed any act in any state or jurisdiction that
would have constituted grounds for refusal, suspension, or
revocation of a license, certificate, registration, or permit to
practice that occupation in Indiana at the time the act was
committed.
(3) Does not have a complaint or an investigation pending before
the regulating agency in another state or jurisdiction that relates
to unprofessional conduct.
(4) Is in good standing and has not been disciplined by the agency
that has authority to issue the license or certification.
(5) Submits a signed affidavit affirming, under the penalties
for perjury, the following:
(A) The individual is in good standing in all states and
jurisdictions in which the individual holds a license or
certificate for the occupation applied for.
(B) The individual has not had a license, certificate,
registration, or permit revoked and has not voluntarily
surrendered a license, certificate, registration, or permit in
another state or jurisdiction while under investigation for
unprofessional conduct.
(C) The individual has not had discipline imposed by the
regulating agency for the occupation in another state or
jurisdiction.
(D) The individual does not have a complaint or an
investigation pending before the regulating agency in
another state or jurisdiction that relates to unprofessional
conduct.
(5) (6) If a law regulating the applicant's occupation requires the
board to administer an examination on the relevant laws of
Indiana, the board may require the applicant to take and pass an
examination specific to the laws of Indiana.
(6) (7) Pays any fees required by the board for which the applicant
is seeking licensure or certification.
SECTION 11. IC 25-1-21-7, AS ADDED BY P.L.149-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 7. (a) Notwithstanding any other law, an applicant
for a license or certificate is entitled to a provisional license or
provisional certificate in the occupation applied for and at the same
practice level as determined by the board, without an examination, if
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all of the following conditions are met:
(1) The individual submits a signed affidavit affirming, under the
penalties for perjury, the following:
(A) The individual is in good standing in all states and
jurisdictions in which the individual holds a license or
certificate for the occupation applied for.
(B) The individual has not had a license revoked and has not
voluntarily surrendered a license in another state or
jurisdiction while under investigation for unprofessional
conduct.
(C) The individual has not had discipline imposed by the
regulating agency for the occupation in another state or
jurisdiction.
(D) The individual does not have a complaint or an
investigation pending before the regulating agency in another
state or jurisdiction that relates to unprofessional conduct.
(2) The individual does not have a disqualifying criminal history,
as determined by the board, if a national criminal history
background check (as defined in IC 25-1-1.1-4) is required under
IC 25-1-1.1-4 for the occupation for which the applicant seeks a
license or certificate.
(3) The individual submits verification that the individual is
currently licensed or certified in at least one (1) other state or
jurisdiction in the occupation applied for.
(4) The individual has submitted an application for a license or
certificate under this chapter with the board and has paid any
application fee.
(b) (a) If an applicant's current license or certificate from one
(1) other state or jurisdiction is verified by the board and the An
applicant who has met the requirements in subsection (a) sections 5
and 6 of this chapter, the applicant shall be issued a provisional
license or provisional certificate not more than thirty (30) days after the
requirements are met.
(c) A provisional license or provisional certificate expires on the
earlier of the following:
(1) Three hundred sixty-five (365) days after it is issued.
(2) The date on which the board approves and issues the
individual a license or certificate for the occupation.
(3) The date on which the board denies the individual's
application for a license or certificate for the occupation.
(d) In addition to any other penalties for perjury, an individual who
violates this section commits a Class A infraction.
(e) If the board discovers that any of the information submitted
under this section is false, the board may immediately revoke the
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individual's provisional license or provisional certificate.
(f) This section does not apply to a license or certificate that is
established by or recognized through an interstate compact, a
reciprocity agreement, or a comity agreement that is established by a
board or a law.
(g) The board shall make a final decision on a license or certificate
application before the expiration of a provisional license or provisional
certificate issued under this section.
(b) Not later than the first renewal of the license or certificate
issued by the board under subsection (a), any remaining licenses or
certificates from other states or jurisdictions must be verified to be
in good standing by the board for the license or certificate to be
renewed.
SECTION 12. IC 25-23-1-3, AS AMENDED BY P.L.249-2019,
SECTION 100, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 3. (a) At any time there is a
vacancy, the Indiana State Nurses' Association shall recommend to the
governor a list of qualified registered nurses for appointment to the
board in the number of not less than twice the number of registered
nurse vacancies to be filled.
(b) At any time there is a vacancy, the Indiana Federation of
Licensed Practical Nurses' shall recommend to the governor a list of
qualified licensed practical nurses and nurse educators of Practical
Nurse Programs for appointment to the board in the number of not less
than twice the number of vacancies to be filled.
SECTION 13. IC 25-23-1-7.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 7.2. (a) As used in this section,
"nursing education program" means a nursing education program
that is required to be authorized by the board for proprietary
education (established by IC 21-18.5-5-1).
(b) The board may not prohibit a nursing education program
from submitting an application for accreditation to the board
before being authorized by the board for proprietary education
(established by IC 21-18.5-5-1).
(c) The board shall review and approve or deny a nursing
education program's application for accreditation within ninety
(90) days of being authorized by the board for proprietary
education (established by IC 21-18.5-5-1) unless the nursing
education program, after receiving authorization from the board
of proprietary education, requests additional time from the board
before the board's review of the application.
SECTION 14. IC 25-23-1-11, AS AMENDED BY P.L.69-2022,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2023]: Sec. 11. (a) Any person who applies to the board for a
license to practice as a registered nurse must:
(1) not have:
(A) been convicted of a crime that has a direct bearing on the
person's ability to practice competently; or
(B) committed an act that would constitute a ground for a
disciplinary sanction under IC 25-1-9;
(2) have completed:
(A) the prescribed curriculum and met the graduation
requirements of a state accredited program of registered
nursing that only accepts students who have a high school
diploma or its equivalent as determined by the board; or
(B) the prescribed curriculum and graduation requirements of
a nursing education program in a foreign country that is
substantially equivalent to a board approved program as
determined by the board. The board may by rule adopted under
IC 4-22-2 require an applicant under this subsection to
successfully complete an examination approved by the board
to measure the applicant's qualifications and background in the
practice of nursing and proficiency in the English language;
and
(3) be physically and mentally capable of and professionally
competent to safely engage in the practice of nursing as
determined by the board.
The board may not require a person to have a baccalaureate degree in
nursing as a prerequisite for licensure.
(b) The applicant must pass an examination in such subjects as the
board may determine.
(c) The board may issue a temporary registered nurse permit to
practice as a registered nurse applicant to a person who has
initially applied for license by examination, after the board receives
the necessary materials to determine compliance with subsection
(a). The temporary registered nurse permit is valid until the earlier
of six (6) months after issuance or the registered nurse applicant's
examination results under subsection (b) are received. If the
registered nurse applicant does not receive a passing score on the
first examination under subsection (b), the temporary registered
nurse permit is no longer valid.
(d) A registered nurse applicant must:
(1) practice under the supervision of a registered nurse; and
(2) use the abbreviation "RNG" after the registered nurse
graduate's name.
(c) (e) The board may issue by endorsement a license to practice as
a registered nurse to an applicant who has been licensed as a registered
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nurse, by examination, under the laws of another state if the applicant
presents proof satisfactory to the board that, at the time that the
applicant applies for an Indiana license by endorsement, the applicant
holds a current license in another state and possesses credentials and
qualifications that are substantially equivalent to requirements in
Indiana for licensure by examination. The board may specify by rule
what constitutes substantial equivalence under this subsection.
(d) (f) The board may issue by endorsement a license to practice as
a registered nurse to an applicant who:
(1) has completed the English version of the:
(A) Canadian Nurse Association Testing Service Examination
(CNAT); or
(B) Canadian Registered Nurse Examination (CRNE);
(2) achieved the passing score required on the examination at the
time the examination was taken;
(3) is currently licensed in a Canadian province or in another
state; and
(4) meets the other requirements under this section.
(e) (g) The board shall issue by endorsement a license to practice as
a registered nurse to an applicant who:
(1) is a graduate of a foreign nursing school;
(2) provides:
(A) documentation that the applicant has:
(i) taken an examination prepared by the Commission on
Graduates of Foreign Nursing Schools International, Inc.
(CGFNS); and
(ii) achieved the passing score required on the examination
at the time the examination was taken;
(B) a satisfactory Credentials Evaluation Service Professional
Report issued by CGFNS; or
(C) a satisfactory VisaScreen Certificate verification letter
issued by CGFNS; and
(3) meets the other requirements of this section.
(f) (h) Each applicant for examination and registration to practice
as a registered nurse shall pay:
(1) a fee set by the board; and
(2) if the applicant is applying for a multistate license (as defined
in IC 25-42-1-11) under IC 25-42 (Nurse Licensure Compact), a
fee of twenty-five dollars ($25) in addition to the fee under
subdivision (1);
a part of which must be used for the rehabilitation of impaired
registered nurses and impaired licensed practical nurses. Payment of
the fee or fees shall be made by the applicant prior to the date of
examination.
HEA 1460 — Concur 15
(g) (i) The lesser of the following amounts from fees collected under
subsection (f) (h) shall be deposited in the impaired nurses account of
the state general fund established by section 34 of this chapter:
(1) Twenty-five percent (25%) of the license application fee per
license applied for under this section.
(2) The cost per license to operate the impaired nurses program,
as determined by the Indiana professional licensing agency.
(h) (j) Any person who holds a license to practice as a registered
nurse in Indiana or under IC 25-42 may use the title "Registered Nurse"
and the abbreviation "R.N.". No other person shall practice or advertise
as or assume the title of registered nurse or use the abbreviation of
"R.N." or any other words, letters, signs, or figures to indicate that the
person using same is a registered nurse.
SECTION 15. IC 25-23-1-12, AS AMENDED BY P.L.69-2022,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 12. (a) A person who applies to the board for a
license to practice as a licensed practical nurse must:
(1) not have been convicted of:
(A) an act which would constitute a ground for disciplinary
sanction under IC 25-1-9; or
(B) a crime that has a direct bearing on the person's ability to
practice competently;
(2) have completed:
(A) the prescribed curriculum and met the graduation
requirements of a state accredited program of practical nursing
that only accepts students who have a high school diploma or
its equivalent, as determined by the board; or
(B) the prescribed curriculum and graduation requirements of
a nursing education program in a foreign country that is
substantially equivalent to a board approved program as
determined by the board. The board may by rule adopted under
IC 4-22-2 require an applicant under this subsection to
successfully complete an examination approved by the board
to measure the applicant's qualifications and background in the
practice of nursing and proficiency in the English language;
and
(3) be physically and mentally capable of, and professionally
competent to, safely engage in the practice of practical nursing as
determined by the board.
(b) The applicant must pass an examination in such subjects as the
board may determine.
(c) The board may issue a temporary licensed practical nurse
permit to practice as a licensed practical nurse applicant to a
person who has initially applied for license by examination, after
HEA 1460 — Concur 16
the board receives the necessary materials to determine
compliance with subsection (a). The temporary licensed practical
nurse permit is valid until the earlier of six (6) months after
issuance or the licensed practical nurse applicant's examination
results under subsection (b) are received. If the licensed practical
nurse applicant does not receive a passing score on the first
examination under subsection (b), the temporary licensed practical
permit is no longer valid.
(d) A licensed practical nurse applicant must:
(1) practice under the supervision of a licensed practical nurse
or registered nurse; and
(2) use the abbreviation "LPNG" after the licensed practical
nurse graduate's name.
(c) (e) The board may issue by endorsement a license to practice as
a licensed practical nurse to an applicant who has been licensed as a
licensed practical nurse, by examination, under the laws of another
state if the applicant presents proof satisfactory to the board that, at the
time of application for an Indiana license by endorsement, the applicant
possesses credentials and qualifications that are substantially
equivalent to requirements in Indiana for licensure by examination. The
board may specify by rule what shall constitute substantial equivalence
under this subsection.
(d) (f) The board shall issue by endorsement a license to practice as
a licensed practical nurse to an applicant who:
(1) is a graduate of a foreign nursing school;
(2) provides:
(A) documentation that the applicant has:
(i) taken an examination prepared by the Commission on
Graduates of Foreign Nursing Schools International, Inc.
(CGFNS); and
(ii) achieved the passing score required on the examination
at the time the examination was taken;
(B) a satisfactory Credentials Evaluation Service Professional
Report issued by CGFNS; or
(C) a VisaScreen Certificate verification letter issued by
CGFNS; and
(3) meets the other requirements of this section.
(e) (g) Each applicant for examination and registration to practice
as a practical nurse shall pay:
(1) a fee set by the board; and
(2) if the applicant is applying for a multistate license (as defined
in IC 25-42-1-11) under IC 25-42 (Nurse Licensure Compact), a
fee of twenty-five dollars ($25) in addition to the fee under
subdivision (1);
HEA 1460 — Concur 17
a part of which must be used for the rehabilitation of impaired
registered nurses and impaired licensed practical nurses. Payment of
the fees shall be made by the applicant before the date of examination.
(f) (h) The lesser of the following amounts from fees collected
under subsection (e) (g) shall be deposited in the impaired nurses
account of the state general fund established by section 34 of this
chapter:
(1) Twenty-five percent (25%) of the license application fee per
license applied for under this section.
(2) The cost per license to operate the impaired nurses program,
as determined by the Indiana professional licensing agency.
(g) (i) Any person who holds a license to practice as a licensed
practical nurse in Indiana or under IC 25-42 may use the title "Licensed
Practical Nurse" and the abbreviation "L.P.N.". No other person shall
practice or advertise as or assume the title of licensed practical nurse
or use the abbreviation of "L.P.N." or any other words, letters, signs, or
figures to indicate that the person using them is a licensed practical
nurse.
SECTION 16. IC 25-23-1-20.1, AS ADDED BY P.L.69-2022,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 20.1. (a) As used in this section, "eligible
associate or bachelor's degree registered nursing program" means an
associate or bachelor's degree registered nursing program that:
(1) is accredited by the board; and
(2) has an annual rate of successful completion of the National
Council Licensure Examination (NCLEX) score of at least eighty
percent (80%).
(b) As used in this section, "nursing program" means any of the
following:
(1) A licensed practical nursing program.
(2) An associate degree nursing program.
(3) A diploma nursing program.
(4) A baccalaureate degree nursing program.
(c) An eligible associate degree or bachelor's degree registered
nursing program that has been operating for at least five (5) years may
increase enrollment in the program at any rate the program considers
appropriate.
(d) A nursing program that:
(1) is operated by a postsecondary educational institution, as
defined in IC 21-7-13-6(a)(1);
(2) was accredited by the board on a date after June 30, 2020; and
before July 1, 2021; and
(3) has been operating for at least one (1) year;
may increase its enrollment rate by not more than one hundred percent
HEA 1460 — Concur 18
(100%).
SECTION 17. IC 25-23-1-27.1, AS AMENDED BY P.L.141-2006,
SECTION 107, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 27.1. (a) As used in this section,
"licensed health professional" means:
(1) a registered nurse;
(2) a licensed practical nurse;
(3) a physician with an unlimited license to practice medicine or
osteopathic medicine;
(4) a licensed dentist;
(5) a licensed chiropractor;
(6) a licensed optometrist;
(7) a licensed pharmacist;
(8) a licensed physical therapist;
(9) a licensed psychologist;
(10) a licensed podiatrist; or
(11) a licensed speech-language pathologist or audiologist.
(b) This chapter does not prohibit:
(1) furnishing nursing assistance in an emergency;
(2) the practice of nursing by any student enrolled in a board
approved nursing education program where such practice is
incidental to the student's program of study;
(3) the practice of any nurse who is employed by the government
of the United States or any of its bureaus, divisions, or agencies
while in the discharge of the nurse's official duties;
(4) the gratuitous care of sick, injured, or infirm individuals by
friends or the family of that individual;
(5) the care of the sick, injured, or infirm in the home for
compensation if the person assists only:
(A) with personal care;
(B) in the administration of a domestic or family remedy; or
(C) in the administration of a remedy that is ordered by a
licensed health professional and that is within the scope of
practice of the licensed health professional under Indiana law;
(6) performance of tasks by persons who provide health care
services which are delegated or ordered by licensed health
professionals, if the delegated or ordered tasks do not exceed the
scope of practice of the licensed health professionals under
Indiana law;
(7) a physician with an unlimited license to practice medicine or
osteopathic medicine in Indiana, a licensed dentist, chiropractor,
dental hygienist, optometrist, pharmacist, physical therapist,
podiatrist, psychologist, speech-language pathologist, or
audiologist from practicing the person's profession;
HEA 1460 — Concur 19
(8) a school corporation or school employee from acting under
IC 34-30-14;
(9) a personal services attendant from providing authorized
attendant care services under IC 12-10-17.1; or
(10) an attendant who provides attendant care services (as defined
in IC 16-18-2-28.5); or
(11) the practice of nursing by a:
(A) registered nurse applicant; or
(B) licensed practical nurse applicant.
SECTION 18. IC 25-23-1-34, AS AMENDED BY P.L.69-2022,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 34. (a) The impaired nurses account is established
within the state general fund for the purposes of providing money for:
(1) providing rehabilitation of impaired registered nurses or
licensed practical nurses under this article;
(2) funding the education compliance officer provided for under
section 21.5 of this chapter; and
(3) carrying out any of the duties of the board.
The account shall be administered by the Indiana professional licensing
agency.
(b) Expenses of administering the account shall be paid from money
in the account. The account consists of the following:
(1) Funds collected for the rehabilitation of impaired registered
nurses and impaired licensed practical nurses under sections
11(f), 12(e), 11(h), 12(g), and 16.1(d) of this chapter.
(2) Funds collected under section 31(c)(2) of this chapter.
(3) Fines collected from registered nurses or licensed practical
nurses under IC 25-1-9-9(a)(6).
(c) The treasurer of state shall invest the money in the account not
currently needed to meet the obligations of the account in the same
manner as other public money may be invested.
(d) Money in the account is appropriated to the board for the
purposes stated in subsection (a).
(e) The amount paid from the impaired nurses account in a state
fiscal year for the purposes stated in subsection (a)(2) and (a)(3) may
not exceed twelve and one-half percent (12.5%) of the average yearly
revenue of the impaired nurses account for the two (2) preceding state
fiscal years.
HEA 1460 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1460 — Concur