| Old | New | Differences | |
|---|---|---|---|
| 1 | + | *EH1138.3* | |
| 2 | + | Printer's Error | |
| 3 | + | Reprinted | |
| 4 | + | February 23, 2024 | |
| 5 | + | ENGROSSED | |
| 6 | + | HOUSE BILL No. 1138 | |
| 7 | + | _____ | |
| 8 | + | DIGEST OF HB 1138 (Updated February 22, 2024 4:58 pm - DI 153) | |
| 9 | + | Citations Affected: IC 25-1; IC 25-2.1; IC 25-4; IC 25-17.6; | |
| 10 | + | IC 25-23.6; IC 34-30; IC 34-46. | |
| 11 | + | Synopsis: Professional licensing matters. Removes references to a | |
| 12 | + | quality review in provisions relating to the licensing of accountants. | |
| 13 | + | Requires the Indiana board of accountancy (board) to adopt rules | |
| 14 | + | requiring the firm to allow the administering entity to provide access | |
| 15 | + | to the results of its most recently accepted peer review and other | |
| 16 | + | objective information to the board. Removes language requiring the | |
| 17 | + | administering entity to make a peer review report available to the | |
| 18 | + | (Continued next page) | |
| 19 | + | Effective: July 1, 2024. | |
| 20 | + | Goss-Reaves, Rowray, Goodrich, | |
| 21 | + | VanNatter | |
| 22 | + | (SENATE SPONSORS — ZAY, CRIDER, CRANE, NIEZGODSKI) | |
| 23 | + | January 8, 2024, read first time and referred to Committee on Employment, Labor and | |
| 24 | + | Pensions. | |
| 25 | + | January 25, 2024, amended, reported — Do Pass. | |
| 26 | + | January 29, 2024, read second time, ordered engrossed. | |
| 27 | + | January 30, 2024, engrossed. Read third time, passed. Yeas 95, nays 0. | |
| 28 | + | SENATE ACTION | |
| 29 | + | February 7, 2024, read first time and referred to Committee on Pensions and Labor. | |
| 30 | + | February 15, 2024, amended, reported favorably — Do Pass. | |
| 31 | + | February 22, 2024, read second time, amended, ordered engrossed. | |
| 32 | + | EH 1138—LS 6525/DI 141 Digest Continued | |
| 33 | + | oversight committee not more than 30 days after the issuance of the | |
| 34 | + | peer review report. Provides that the results of a peer review may be | |
| 35 | + | treated as a complaint submitted by the board. Removes language | |
| 36 | + | requiring the peer review committee issuing a report to cooperate with | |
| 37 | + | an investigation of a complaint. Allows the use of certain titles by an | |
| 38 | + | individual who is enrolled in or has graduated from a school or college | |
| 39 | + | of architecture or an accredited curriculum of landscape architecture. | |
| 40 | + | Specifies that the renewal of a professional geologist license after June | |
| 41 | + | 30, 2025, requires continuing education. Allows certain individuals to | |
| 42 | + | take various licensing examinations early if certain conditions are met. | |
| 43 | + | Increases the number of clinical or supervised hours certain individuals | |
| 44 | + | may obtain through virtual supervision. | |
| 45 | + | EH 1138—LS 6525/DI 141EH 1138—LS 6525/DI 141 Printer's Error | |
| 46 | + | Reprinted | |
| 47 | + | February 23, 2024 | |
| 1 | 48 | Second Regular Session of the 123rd General Assembly (2024) | |
| 2 | 49 | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana | |
| 3 | 50 | Constitution) is being amended, the text of the existing provision will appear in this style type, | |
| 4 | 51 | additions will appear in this style type, and deletions will appear in this style type. | |
| 5 | 52 | Additions: Whenever a new statutory provision is being enacted (or a new constitutional | |
| 6 | 53 | provision adopted), the text of the new provision will appear in this style type. Also, the | |
| 7 | 54 | word NEW will appear in that style type in the introductory clause of each SECTION that adds | |
| 8 | 55 | a new provision to the Indiana Code or the Indiana Constitution. | |
| 9 | 56 | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts | |
| 10 | 57 | between statutes enacted by the 2023 Regular Session of the General Assembly. | |
| 11 | - | HOUSE ENROLLED ACT No. 1138 | |
| 12 | - | AN ACT to amend the Indiana Code concerning professions and | |
| 13 | - | occupations. | |
| 58 | + | ENGROSSED | |
| 59 | + | HOUSE BILL No. 1138 | |
| 60 | + | A BILL FOR AN ACT to amend the Indiana Code concerning | |
| 61 | + | professions and occupations. | |
| 14 | 62 | Be it enacted by the General Assembly of the State of Indiana: | |
| 15 | - | SECTION 1. IC 25-1-11-12, AS AMENDED BY P.L.197-2011, | |
| 63 | + | 1 SECTION 1. IC 25-1-11-12, AS AMENDED BY P.L.197-2011, | |
| 64 | + | 2 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 65 | + | 3 JULY 1, 2024]: Sec. 12. (a) The board may impose any of the | |
| 66 | + | 4 following sanctions, singly or in combination, if the board finds that a | |
| 67 | + | 5 practitioner is subject to disciplinary sanctions under sections 5 | |
| 68 | + | 6 through 9 of this chapter: | |
| 69 | + | 7 (1) Permanently revoke a practitioner's license. | |
| 70 | + | 8 (2) Suspend a practitioner's license. | |
| 71 | + | 9 (3) Censure a practitioner. | |
| 72 | + | 10 (4) Issue a letter of reprimand. | |
| 73 | + | 11 (5) Place a practitioner on probation status and require the | |
| 74 | + | 12 practitioner to: | |
| 75 | + | 13 (A) report regularly to the board upon the matters that are the | |
| 76 | + | 14 basis of probation; | |
| 77 | + | 15 (B) limit practice to those areas prescribed by the board; | |
| 78 | + | 16 (C) continue or renew professional education approved by the | |
| 79 | + | 17 board until a satisfactory degree of skill has been attained in | |
| 80 | + | EH 1138—LS 6525/DI 141 2 | |
| 81 | + | 1 those areas that are the basis of the probation; | |
| 82 | + | 2 (D) perform or refrain from performing any acts, including | |
| 83 | + | 3 community restitution or service without compensation, that | |
| 84 | + | 4 the board considers appropriate to the public interest or to the | |
| 85 | + | 5 rehabilitation or treatment of the practitioner; or | |
| 86 | + | 6 (E) satisfactorily complete a quality review (before July 1, | |
| 87 | + | 7 2012) or peer review (after June 30, 2012) specified by the | |
| 88 | + | 8 board as a condition for termination of probationary status if | |
| 89 | + | 9 the practitioner is a licensee (as defined in IC 25-2.1-1-8). | |
| 90 | + | 10 (6) Assess a civil penalty against the practitioner for not more | |
| 91 | + | 11 than one thousand dollars ($1,000) for each violation listed in | |
| 92 | + | 12 sections 5 through 9 of this chapter except for a finding of | |
| 93 | + | 13 incompetency due to a physical or mental disability. | |
| 94 | + | 14 (7) Order a practitioner to pay consumer restitution to a person | |
| 95 | + | 15 who suffered damages as a result of the conduct or omission that | |
| 96 | + | 16 was the basis for the disciplinary sanctions under this chapter. | |
| 97 | + | 17 (b) When imposing a civil penalty under subsection (a)(6), the board | |
| 98 | + | 18 shall consider a practitioner's ability to pay the amount assessed. If the | |
| 99 | + | 19 practitioner fails to pay the civil penalty within the time specified by | |
| 100 | + | 20 the board, the board may suspend the practitioner's license without | |
| 101 | + | 21 additional proceedings. However, a suspension may not be imposed if | |
| 102 | + | 22 the sole basis for the suspension is the practitioner's inability to pay a | |
| 103 | + | 23 civil penalty. | |
| 104 | + | 24 (c) The board may withdraw or modify the probation under | |
| 105 | + | 25 subsection (a)(5) if the board finds after a hearing that the deficiency | |
| 106 | + | 26 that required disciplinary action has been remedied or that changed | |
| 107 | + | 27 circumstances warrant a modification of the order. | |
| 108 | + | 28 SECTION 2. IC 25-2.1-1-6.3 IS AMENDED TO READ AS | |
| 109 | + | 29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6.3. "Compilation" | |
| 110 | + | 30 means providing a service of any compilation engagement to be | |
| 111 | + | 31 performed in accordance with AICPA Statements on Standards for | |
| 112 | + | 32 Accounting and Review Services (SSARS). or other similar standards | |
| 113 | + | 33 adopted by reference under IC 25-2.1-2-15 that is presenting, in the | |
| 114 | + | 34 form of financial statements, information that is the representation of | |
| 115 | + | 35 the management or owners without undertaking to express any | |
| 116 | + | 36 assurance on the statements. | |
| 117 | + | 37 SECTION 3. IC 25-2.1-1-8.7, AS ADDED BY P.L.197-2011, | |
| 118 | + | 38 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 119 | + | 39 JULY 1, 2024]: Sec. 8.7. (a) "Peer review" means a study, an appraisal, | |
| 120 | + | 40 or a review of at least one (1) aspect of the professional work of: | |
| 121 | + | 41 (1) an individual who; or | |
| 122 | + | 42 (2) a firm in the practice of accountancy that; | |
| 123 | + | EH 1138—LS 6525/DI 141 3 | |
| 124 | + | 1 attests or issues compilation reports, by at least one (1) individual who | |
| 125 | + | 2 holds a certificate from any state and possesses qualifications that meet | |
| 126 | + | 3 the applicable substantial equivalency standards and who is | |
| 127 | + | 4 independent of the individual or firm being reviewed. The term | |
| 128 | + | 5 includes any part of a quality review conducted before July 1, 2012, | |
| 129 | + | 6 that becomes part of a peer review conducted or peer review report | |
| 130 | + | 7 issued after June 30, 2012. | |
| 131 | + | 8 (b) After June 30, 2012, any reference in any law, rule, or other | |
| 132 | + | 9 document to "quality review" as that term was applied under this article | |
| 133 | + | 10 before July 1, 2012, shall be treated as a reference to peer review. | |
| 134 | + | 11 SECTION 4. IC 25-2.1-2-15, AS AMENDED BY P.L.197-2011, | |
| 135 | + | 12 SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 136 | + | 13 JULY 1, 2024]: Sec. 15. The board may adopt rules under IC 4-22-2 | |
| 137 | + | 14 governing the administration and enforcement of this article and the | |
| 138 | + | 15 conduct of licensees, including the following: | |
| 139 | + | 16 (1) The board's meetings and conduct of business. | |
| 140 | + | 17 (2) The procedure of investigations and hearings. | |
| 141 | + | 18 (3) The educational and experience qualifications required for the | |
| 142 | + | 19 issuance of certificates under this article and the continuing | |
| 143 | + | 20 professional education required for renewal of certificates under | |
| 144 | + | 21 IC 25-2.1-4. | |
| 145 | + | 22 (4) Rules of professional conduct directed to controlling the | |
| 146 | + | 23 quality and probity of the practice of accountancy by licensees, | |
| 147 | + | 24 including independence, integrity, and objectivity, competence | |
| 148 | + | 25 and technical standards, and responsibilities to the public and | |
| 149 | + | 26 clients. | |
| 150 | + | 27 (5) The actions and circumstances that constitute professing to be | |
| 151 | + | 28 a licensee in connection with the practice of accountancy. | |
| 152 | + | 29 (6) The manner and circumstances of use of the title "certified | |
| 153 | + | 30 public accountant" and the abbreviation "CPA". | |
| 154 | + | 31 (7) Quality reviews (before July 1, 2012) or Peer reviews (after | |
| 155 | + | 32 June 30, 2012) that may be required to be performed under this | |
| 156 | + | 33 article. | |
| 157 | + | 34 (8) Methods of applying for and conducting the examinations, | |
| 158 | + | 35 including methods for grading examinations and determining a | |
| 159 | + | 36 passing grade required of an applicant for a certificate. However, | |
| 160 | + | 37 the board shall to the extent possible provide that the | |
| 161 | + | 38 examination, grading of the examination, and the passing grades | |
| 162 | + | 39 are uniform with those applicable in other states. | |
| 163 | + | 40 (9) Substantial equivalency. | |
| 164 | + | 41 (10) Administration of the accountant investigative fund | |
| 165 | + | 42 established by IC 25-2.1-8-4. | |
| 166 | + | EH 1138—LS 6525/DI 141 4 | |
| 167 | + | 1 SECTION 5. IC 25-2.1-5-8, AS AMENDED BY P.L.168-2016, | |
| 168 | + | 2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 169 | + | 3 JULY 1, 2024]: Sec. 8. (a) The board shall adopt rules that require as | |
| 170 | + | 4 a condition to renew a permit under this chapter, that an applicant | |
| 171 | + | 5 undergo, not more than once every three (3) years, a peer review | |
| 172 | + | 6 conducted in a manner the board specifies. | |
| 173 | + | 7 (b) The rules adopted under subsection (a) must: | |
| 174 | + | 8 (1) be adopted reasonably in advance of the time when a peer | |
| 175 | + | 9 review first becomes effective; | |
| 176 | + | 10 (2) include reasonable provision for compliance by an applicant | |
| 177 | + | 11 showing that the applicant has in the preceding three (3) years | |
| 178 | + | 12 undergone a peer review that is a satisfactory equivalent to the | |
| 179 | + | 13 peer review required under this section; | |
| 180 | + | 14 (3) require the firm to submit a copy of allow the administering | |
| 181 | + | 15 entity to provide access to the results of its most recently | |
| 182 | + | 16 accepted peer review and other objective information specified | |
| 183 | + | 17 by the rules to the board; either directly or through the | |
| 184 | + | 18 administering entity; | |
| 185 | + | 19 (4) require, with respect to peer reviews under subdivision (2), | |
| 186 | + | 20 that the peer review be subject to review by an oversight body | |
| 187 | + | 21 committee established or sanctioned by the board that shall: | |
| 188 | + | 22 (A) comply with IC 25-2.1-9-4; and | |
| 189 | + | 23 (B) periodically report to the board on the effectiveness of the | |
| 190 | + | 24 review program and provide to the board a listing of firms that | |
| 191 | + | 25 have participated in a peer review program; and | |
| 192 | + | 26 (5) subject to section 9 of this chapter and IC 25-2.1-9-4, require, | |
| 193 | + | 27 with respect to peer reviews under subdivision (2), that: | |
| 194 | + | 28 (A) the proceedings, records, and work papers of a review | |
| 195 | + | 29 committee are privileged and are not subject to discovery, | |
| 196 | + | 30 subpoena, or other means of legal process or introduction into | |
| 197 | + | 31 evidence in a civil action, arbitration, administrative | |
| 198 | + | 32 proceeding, or Indiana board of accountancy proceeding; and | |
| 199 | + | 33 (B) a member of the review committee or individual who was | |
| 200 | + | 34 involved in the peer review process is not permitted or | |
| 201 | + | 35 required to testify in a civil action, arbitration, administrative | |
| 202 | + | 36 proceeding, or board proceeding to matters: | |
| 203 | + | 37 (i) produced, presented, disclosed or discussed during, or in | |
| 204 | + | 38 connection with, the peer review process; or | |
| 205 | + | 39 (ii) that involve findings, recommendations, evaluations, | |
| 206 | + | 40 opinions, or other actions of the committee or a committee | |
| 207 | + | 41 member. | |
| 208 | + | 42 SECTION 6. IC 25-2.1-8-2, AS AMENDED BY P.L.197-2011, | |
| 209 | + | EH 1138—LS 6525/DI 141 5 | |
| 210 | + | 1 SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 211 | + | 2 JULY 1, 2024]: Sec. 2. In place of or in addition to any remedy | |
| 212 | + | 3 specifically provided in IC 25-1-11, the board may require the | |
| 213 | + | 4 following of a licensee: | |
| 214 | + | 5 (1) To undergo a quality review (before July 1, 2012) or a peer | |
| 215 | + | 6 review. (after June 30, 2012). | |
| 216 | + | 7 (2) To satisfactorily complete continuing professional education | |
| 217 | + | 8 programs. | |
| 218 | + | 9 SECTION 7. IC 25-2.1-9-4, AS ADDED BY P.L.197-2011, | |
| 219 | + | 10 SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 220 | + | 11 JULY 1, 2024]: Sec. 4. (a) This section applies to a licensee that | |
| 221 | + | 12 receives a peer review rating of fail on a peer review report issued after | |
| 222 | + | 13 June 30, 2012, for a peer review conducted under IC 25-2.1-5-8. | |
| 223 | + | 14 (b) The following definitions apply throughout this section: | |
| 224 | + | 15 (1) "Administering entity" refers to the oversight body established | |
| 225 | + | 16 or sanctioned by the board to conduct a peer review program. | |
| 226 | + | 17 (2) "Director" refers to the director of the division of consumer | |
| 227 | + | 18 protection in the office of the attorney general. | |
| 228 | + | 19 (3) "Oversight committee" refers to a committee of licensees who | |
| 229 | + | 20 are not board members that is designated by the board to receive | |
| 230 | + | 21 a report. the results of a peer review. | |
| 231 | + | 22 (4) "Report" refers to a peer review report described in subsection | |
| 232 | + | 23 (a), including any description of the deficiencies on which the | |
| 233 | + | 24 peer review rating of fail is based. | |
| 234 | + | 25 (c) The board shall provide the director with the name and contact | |
| 235 | + | 26 information for the administering entity. | |
| 236 | + | 27 (d) Not more than thirty (30) days after the issuance of a report, the | |
| 237 | + | 28 administering entity shall make the report available to the oversight | |
| 238 | + | 29 committee. The oversight committee may forward the report results of | |
| 239 | + | 30 a peer review to the director. Receipt of the report shall results may | |
| 240 | + | 31 be treated under IC 25-1-7-4, IC 25-1-7-5, and IC 25-1-7-6 as a | |
| 241 | + | 32 complaint submitted by the board. If, after conducting an investigation, | |
| 242 | + | 33 the director believes that a licensee should be subjected to disciplinary | |
| 243 | + | 34 sanctions by the board, the director shall report the director's | |
| 244 | + | 35 determination to the attorney general. Upon receiving the director's | |
| 245 | + | 36 report, the attorney general may prosecute the matter, on behalf of the | |
| 246 | + | 37 state of Indiana, before the board. IC 25-1-7-7(b) does not apply to a | |
| 247 | + | 38 determination related to a complaint filed under this section. | |
| 248 | + | 39 (e) The administering entity and the peer review committee issuing | |
| 249 | + | 40 a report shall cooperate with an investigation under IC 25-1-7 of a | |
| 250 | + | 41 complaint filed under this section. and with any resulting proceeding, | |
| 251 | + | 42 including compliance with any request for access to or production of | |
| 252 | + | EH 1138—LS 6525/DI 141 6 | |
| 253 | + | 1 the proceedings, records, and work papers of the review committee by | |
| 254 | + | 2 the director, the office of the attorney general, or a party to any | |
| 255 | + | 3 proceeding initiated as a result of the filing of a complaint under this | |
| 256 | + | 4 section. However, all complaints and information pertaining to a | |
| 257 | + | 5 complaint are confidential until the attorney general files notice with | |
| 258 | + | 6 the board of the attorney general's intent to prosecute a licensee under | |
| 259 | + | 7 IC 25-1-7-7. Any meeting of the board, the oversight committee, or a | |
| 260 | + | 8 designee of the board or oversight committee that is required in an | |
| 261 | + | 9 investigation conducted before the attorney general files notice of | |
| 262 | + | 10 intent to prosecute shall be conducted as an executive session under | |
| 263 | + | 11 IC 5-14-1.5-6.1. | |
| 264 | + | 12 SECTION 8. IC 25-2.1-9-5, AS ADDED BY P.L.197-2011, | |
| 265 | + | 13 SECTION 84, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 266 | + | 14 JULY 1, 2024]: Sec. 5. An: | |
| 267 | + | 15 (1) entity administering a quality review program before July 1, | |
| 268 | + | 16 2012, or a peer review program; after June 30, 2012; | |
| 269 | + | 17 (2) officer, member, or employee of an entity administering a | |
| 270 | + | 18 quality review program before July 1, 2012, or a peer review | |
| 271 | + | 19 program; after June 30, 2012; | |
| 272 | + | 20 (3) employee or member of a quality review committee before | |
| 273 | + | 21 July 1, 2012, or a peer review committee; after June 30, 2012; and | |
| 274 | + | 22 (4) entity in which or for which a member of a quality review | |
| 275 | + | 23 committee (before July 1, 2012) or peer review committee (after | |
| 276 | + | 24 June 30, 2012) is a sole proprietor, a partner, a shareholder, a | |
| 277 | + | 25 member, or an employee; | |
| 278 | + | 26 is immune from civil liability that would otherwise arise from | |
| 279 | + | 27 communications, supervision, findings, recommendations, evaluations, | |
| 280 | + | 28 reports, opinions, or other actions taken or omissions occurring in good | |
| 281 | + | 29 faith in the course and scope of the duties of a quality review | |
| 282 | + | 30 administering entity (before July 1, 2012) or peer review administering | |
| 283 | + | 31 entity (after June 30, 2012) or a quality review committee (before July | |
| 284 | + | 32 1, 2012) or peer review committee (after June 30, 2012) that arise | |
| 285 | + | 33 under this article, including the rules adopted by the board. The | |
| 286 | + | 34 immunity granted under this section includes immunity for an act or | |
| 287 | + | 35 omission related to any part of a quality review conducted under this | |
| 288 | + | 36 article before July 1, 2012, that becomes part of a peer review | |
| 289 | + | 37 conducted or peer review report issued after June 30, 2012. | |
| 290 | + | 38 SECTION 9. IC 25-2.1-11-2, AS AMENDED BY P.L.197-2011, | |
| 291 | + | 39 SECTION 85, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 292 | + | 40 JULY 1, 2024]: Sec. 2. Before reinstating a suspended certificate or | |
| 293 | + | 41 permit under IC 25-1-11-14, the board may require the applicant to | |
| 294 | + | 42 show successful completion of specified continuing professional | |
| 295 | + | EH 1138—LS 6525/DI 141 7 | |
| 296 | + | 1 education or other actions, and the board may make the reinstatement | |
| 297 | + | 2 of a certificate or permit conditional on satisfactory completion of a | |
| 298 | + | 3 quality review (before July 1, 2012) or peer review (after June 30, | |
| 299 | + | 4 2012) specified by the board. | |
| 300 | + | 5 SECTION 10. IC 25-2.1-14-2, AS AMENDED BY P.L.197-2011, | |
| 301 | + | 6 SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 302 | + | 7 JULY 1, 2024]: Sec. 2. The information derived from or as the result | |
| 303 | + | 8 of professional services is confidential and privileged. However, this | |
| 304 | + | 9 section does not prohibit a certified public accountant, a public | |
| 305 | + | 10 accountant, or an accounting practitioner from disclosing any data | |
| 306 | + | 11 required to be disclosed by the standards of the profession: | |
| 307 | + | 12 (1) in rendering an opinion on the presentation of financial | |
| 308 | + | 13 statements; | |
| 309 | + | 14 (2) in ethical investigations conducted by private professional | |
| 310 | + | 15 organizations; | |
| 311 | + | 16 (3) in the course of quality reviews (before July 1, 2012) or peer | |
| 312 | + | 17 reviews (after June 30, 2012) or an investigation or proceeding | |
| 313 | + | 18 related to a quality review (before July 1, 2012) or peer review; | |
| 314 | + | 19 (after June 30, 2012); or | |
| 315 | + | 20 (4) in making disclosure where the financial statements or the | |
| 316 | + | 21 professional services of an accountant are contested. | |
| 317 | + | 22 SECTION 11. IC 25-2.1-14-5, AS AMENDED BY P.L.197-2011, | |
| 318 | + | 23 SECTION 88, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 319 | + | 24 JULY 1, 2024]: Sec. 5. (a) This chapter does not prohibit a temporary | |
| 320 | + | 25 transfer of work papers or other material necessary to carry out quality | |
| 321 | + | 26 reviews (before July 1, 2012) or peer reviews, (after June 30, 2012), | |
| 322 | + | 27 conduct an investigation or proceeding related to a quality review | |
| 323 | + | 28 (before July 1, 2012) or peer review, (after June 30, 2012), or comply | |
| 324 | + | 29 with the disclosure of information under this chapter. | |
| 325 | + | 30 (b) A licensee is not required to keep any work paper beyond the | |
| 326 | + | 31 period prescribed in any applicable statute. | |
| 327 | + | 32 SECTION 12. IC 25-4-1-18.5 IS ADDED TO THE INDIANA | |
| 328 | + | 33 CODE AS A NEW SECTION TO READ AS FOLLOWS | |
| 329 | + | 34 [EFFECTIVE JULY 1, 2024]: Sec. 18.5. (a) An individual who has | |
| 330 | + | 35 graduated from a school or college of architecture accredited by | |
| 331 | + | 36 the National Architectural Accrediting Board, Inc., or its successor | |
| 332 | + | 37 may profess to be an "architectural graduate" and use the term to | |
| 333 | + | 38 describe the individual. | |
| 334 | + | 39 (b) An individual currently enrolled in, but not yet graduated | |
| 335 | + | 40 from, a school or college of architecture accredited by the National | |
| 336 | + | 41 Architectural Accrediting Board, Inc., or its successor may profess | |
| 337 | + | 42 to be an "architectural intern" and use the term to describe the | |
| 338 | + | EH 1138—LS 6525/DI 141 8 | |
| 339 | + | 1 individual. | |
| 340 | + | 2 SECTION 13. IC 25-4-2-10.5 IS ADDED TO THE INDIANA | |
| 341 | + | 3 CODE AS A NEW SECTION TO READ AS FOLLOWS | |
| 342 | + | 4 [EFFECTIVE JULY 1, 2024]: Sec. 10.5. (a) An individual who has | |
| 343 | + | 5 graduated from an accredited curriculum of landscape | |
| 344 | + | 6 architecture presented by a college or school approved by the | |
| 345 | + | 7 board may profess to be a "landscape architectural graduate" and | |
| 346 | + | 8 use the term to describe the individual. | |
| 347 | + | 9 (b) An individual currently enrolled in, but not yet graduated | |
| 348 | + | 10 from, an accredited curriculum of landscape architecture | |
| 349 | + | 11 presented by a college or school approved by the board may | |
| 350 | + | 12 profess to be a "landscape architectural intern" and use the term | |
| 351 | + | 13 to describe the individual. | |
| 352 | + | 14 SECTION 14. IC 25-17.6-5-5, AS ADDED BY P.L.108-2022, | |
| 353 | + | 15 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 354 | + | 16 JULY 1, 2024]: Sec. 5. (a) Before July 1, 2024, the board shall adopt | |
| 355 | + | 17 rules in accordance with IC 25-1-4 to: | |
| 356 | + | 18 (1) require a licensed professional geologist to obtain continuing | |
| 357 | + | 19 education in geological sciences as a condition of license renewal; | |
| 358 | + | 20 and | |
| 359 | + | 21 (2) set forth the conditions, requirements, and implementation of | |
| 360 | + | 22 the continuing education program. | |
| 361 | + | 23 (b) The continuing education requirements adopted under this | |
| 362 | + | 24 section must allow a licensed professional geologist to receive full | |
| 363 | + | 25 credit for continuing education courses completed in a state other than | |
| 364 | + | 26 Indiana. | |
| 365 | + | 27 (c) The continuing education requirements adopted under this | |
| 366 | + | 28 section do not apply to a licensed professional geologist until after the | |
| 367 | + | 29 first full license renewal cycle beginning one (1) year after final | |
| 368 | + | 30 adoption of the rules under this section. In order to renew a license | |
| 369 | + | 31 after June 30, 2025, a professional geologist must comply with the | |
| 370 | + | 32 continuing education requirements adopted under this section. | |
| 371 | + | 33 (d) The continuing education requirements adopted under this | |
| 372 | + | 34 section do not apply to a person who is not licensed under this article. | |
| 373 | + | 35 SECTION 15. IC 25-23.6-5-3.5, AS AMENDED BY | |
| 374 | + | 36 P.L.215-2018(ss), SECTION 12, IS AMENDED TO READ AS | |
| 375 | + | 37 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3.5. (a) For purposes | |
| 376 | + | 38 of this section, "virtual supervision" means supervision of an | |
| 377 | + | 39 applicant for a license as a clinical social worker by a qualified | |
| 378 | + | 40 supervisor through an electronic platform that provides for | |
| 379 | + | 41 synchronous visual and audio interaction in real time, and which | |
| 380 | + | 42 is compliant with the federal Health Insurance Portability and | |
| 381 | + | EH 1138—LS 6525/DI 141 9 | |
| 382 | + | 1 Accountability Act (HIPAA). Virtual supervision does not include | |
| 383 | + | 2 telephone calls, electronic mail, or text messages. | |
| 384 | + | 3 (a) (b) The applicant for a license as a clinical social worker must | |
| 385 | + | 4 have at least two (2) years of clinical social work experience after | |
| 386 | + | 5 receiving a graduate degree in social work and under the supervision | |
| 387 | + | 6 of a qualified supervisor as determined by the board. | |
| 388 | + | 7 (b) (c) If an individual is obtaining the clinical social work | |
| 389 | + | 8 experience described in subsection (a) (b) in Indiana, the individual | |
| 390 | + | 9 must be licensed as a social worker under section 1 of this chapter. | |
| 391 | + | 10 (c) (d) A doctoral internship may be applied toward the supervised | |
| 392 | + | 11 clinical social work experience requirement. | |
| 393 | + | 12 (d) (e) Except as provided in subsection (e), (f), the clinical social | |
| 394 | + | 13 work experience requirement may be met by work performed at or | |
| 395 | + | 14 away from the premises of the qualified supervisor. | |
| 396 | + | 15 (e) (f) Except as provided in subsection (g), (h), the clinical social | |
| 397 | + | 16 work requirement may not be performed away from the qualified | |
| 398 | + | 17 supervisor's premises if: | |
| 399 | + | 18 (1) the work is the independent private practice of clinical social | |
| 400 | + | 19 work; and | |
| 401 | + | 20 (2) the work is not performed at a place with the supervision of a | |
| 402 | + | 21 qualified supervisor available. | |
| 403 | + | 22 (f) (g) Any supervised clinical social work experience hours that an | |
| 404 | + | 23 applicant accumulates under this chapter after being licensed as a | |
| 405 | + | 24 social worker under section 1 of this chapter do not expire and may be | |
| 406 | + | 25 used by the applicant to satisfy the supervised clinical social work | |
| 407 | + | 26 experience requirements under this chapter. | |
| 408 | + | 27 (g) (h) Up to fifty percent (50%) one hundred percent (100%) of | |
| 409 | + | 28 the supervised clinical social work experience hours required under | |
| 410 | + | 29 subsection (a) (b) may be accounted for through virtual supervision by | |
| 411 | + | 30 a qualified supervisor described in subsection (a). (b). | |
| 412 | + | 31 (h) (i) After obtaining a temporary permit under section 11.5 of this | |
| 413 | + | 32 chapter, any supervised clinical social work experience hours that an | |
| 414 | + | 33 applicant accumulates under this chapter before the temporary permit | |
| 415 | + | 34 expires may be used by the applicant to satisfy the supervised clinical | |
| 416 | + | 35 social work experience requirements under this chapter during the | |
| 417 | + | 36 following time after the applicant obtained the temporary permit: | |
| 418 | + | 37 (1) For not more than four (4) years. | |
| 419 | + | 38 (2) After the four (4) year period, if approved by the board. | |
| 420 | + | 39 SECTION 16. IC 25-23.6-5-4, AS AMENDED BY P.L.11-2023, | |
| 421 | + | 40 SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 422 | + | 41 JULY 1, 2024]: Sec. 4. (a) As used in this section, "term" refers to | |
| 423 | + | 42 an academic semester, trimester, or quarter. | |
| 424 | + | EH 1138—LS 6525/DI 141 10 | |
| 425 | + | 1 (b) An individual who satisfies the requirements of section 1 or 2 of | |
| 426 | + | 2 this chapter may take the examination provided by the board. | |
| 427 | + | 3 (c) An individual who: | |
| 428 | + | 4 (1) is enrolled in the last term of the last year of a program | |
| 429 | + | 5 leading to a degree that meets the requirements of section 1(1) | |
| 430 | + | 6 of this chapter; and | |
| 431 | + | 7 (2) provides a letter of good standing from the director of the | |
| 432 | + | 8 social work department or the director's designee; | |
| 433 | + | 9 may take the examination provided by the board for a license as a | |
| 434 | + | 10 social worker. | |
| 435 | + | 11 (d) A letter of good standing provided under subsection (c)(2) by | |
| 436 | + | 12 an individual who applies for a license as a social worker must | |
| 437 | + | 13 include the following information: | |
| 438 | + | 14 (1) The individual's first and last name. | |
| 439 | + | 15 (2) The type of degree and program in which the individual is | |
| 440 | + | 16 enrolled. | |
| 441 | + | 17 (3) A statement confirming that the individual is currently in | |
| 442 | + | 18 the final term of the program. | |
| 443 | + | 19 (4) The anticipated date of completion of the program. | |
| 444 | + | 20 (5) A statement confirming that the individual is in good | |
| 445 | + | 21 academic standing. | |
| 446 | + | 22 SECTION 17. IC 25-23.6-8-1.7, AS ADDED BY P.L.177-2009, | |
| 447 | + | 23 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 448 | + | 24 JULY 1, 2024]: Sec. 1.7. An individual who receives a master's degree | |
| 449 | + | 25 and enters a doctoral program may do either of the following: | |
| 450 | + | 26 (1) Apply for a marriage and family therapist associate license | |
| 451 | + | 27 under section 1.5 of this chapter by meeting the requirements of | |
| 452 | + | 28 this chapter. | |
| 453 | + | 29 (2) Elect not to apply for a marriage and family therapist associate | |
| 454 | + | 30 license under section 1.5 of this chapter, accrue the clinical | |
| 455 | + | 31 experience required under section 2.7(b) 2.7(c) of this chapter, | |
| 456 | + | 32 and apply for a marriage and family therapist license at the | |
| 457 | + | 33 conclusion of the doctoral program. | |
| 458 | + | 34 SECTION 18. IC 25-23.6-8-2.7, AS AMENDED BY P.L.160-2018, | |
| 459 | + | 35 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 460 | + | 36 JULY 1, 2024]: Sec. 2.7. (a) For purposes of this section, "virtual | |
| 461 | + | 37 supervision" means supervision of an applicant for a license as a | |
| 462 | + | 38 marriage and family therapist by a qualified supervisor through an | |
| 463 | + | 39 electronic platform that provides for synchronous visual and audio | |
| 464 | + | 40 interaction in real time, and which is compliant with the federal | |
| 465 | + | 41 Health Insurance Portability and Accountability Act (HIPAA). | |
| 466 | + | 42 Virtual supervision does not include telephone calls, electronic | |
| 467 | + | EH 1138—LS 6525/DI 141 11 | |
| 468 | + | 1 mail, or text messages. | |
| 469 | + | 2 (a) (b) As used in this section, "first available examination" means | |
| 470 | + | 3 the first examination: | |
| 471 | + | 4 (1) after the date of an individual's: | |
| 472 | + | 5 (1) (A) graduation; or | |
| 473 | + | 6 (2) (B) moving into Indiana; | |
| 474 | + | 7 that has an application deadline that is at least thirty (30) days | |
| 475 | + | 8 after the date of graduation or the date of moving into Indiana, | |
| 476 | + | 9 unless the individual chooses to meet a deadline that is less than | |
| 477 | + | 10 thirty (30) days after either of those events; or | |
| 478 | + | 11 (2) during the individual's last academic semester, trimester, | |
| 479 | + | 12 or quarter, if the individual is eligible to take the exam | |
| 480 | + | 13 pursuant to section 3 of this chapter. | |
| 481 | + | 14 (b) (c) An applicant for a license as a marriage and family therapist | |
| 482 | + | 15 under section 1 of this chapter must have at least two (2) years of | |
| 483 | + | 16 postdegree clinical experience, during which at least fifty percent | |
| 484 | + | 17 (50%) of the applicant's clients were receiving marriage and family | |
| 485 | + | 18 therapy services. The applicant's clinical experience must include one | |
| 486 | + | 19 thousand (1,000) hours of postdegree clinical experience and two | |
| 487 | + | 20 hundred (200) hours of postdegree clinical supervision, of which one | |
| 488 | + | 21 hundred (100) hours must be individual supervision, under the | |
| 489 | + | 22 supervision of a licensed marriage and family therapist who has at least | |
| 490 | + | 23 five (5) years of experience or an equivalent supervisor, as determined | |
| 491 | + | 24 by the board. | |
| 492 | + | 25 (c) (d) If an individual applies for, takes, and passes the first | |
| 493 | + | 26 available examination, the individual may not count more than five | |
| 494 | + | 27 hundred (500) hours of the postdegree clinical experience that is: | |
| 495 | + | 28 (1) required under subsection (b); (c); and | |
| 496 | + | 29 (2) accumulated before taking the examination toward licensure | |
| 497 | + | 30 as a marriage and family therapist. | |
| 498 | + | 31 (d) (e) If an individual does not pass the first available examination, | |
| 499 | + | 32 the individual may: | |
| 500 | + | 33 (1) retain the hours accumulated before taking the examination; | |
| 501 | + | 34 (2) continue working; and | |
| 502 | + | 35 (3) not accumulate any additional hours toward licensure as a | |
| 503 | + | 36 marriage and family therapist until passing the examination. | |
| 504 | + | 37 (e) (f) If an individual does not take the first available examination, | |
| 505 | + | 38 the individual may not begin accumulating any postdegree clinical | |
| 506 | + | 39 experience hours toward licensure as a marriage and family therapist | |
| 507 | + | 40 until the individual passes the examination. | |
| 508 | + | 41 (f) (g) When obtaining the clinical experience required under | |
| 509 | + | 42 subsection (b), (c), the applicant must provide direct individual, group, | |
| 510 | + | EH 1138—LS 6525/DI 141 12 | |
| 511 | + | 1 and family therapy and counseling to the following categories of cases: | |
| 512 | + | 2 (1) Unmarried couples. romantic relationships and relational | |
| 513 | + | 3 systems. | |
| 514 | + | 4 (2) Married couples. | |
| 515 | + | 5 (3) Separating or divorcing couples. | |
| 516 | + | 6 (4) Family groups, systems and groupings, including children | |
| 517 | + | 7 and minors. | |
| 518 | + | 8 (g) (h) A doctoral internship may be applied toward the supervised | |
| 519 | + | 9 work experience requirement. | |
| 520 | + | 10 (h) (i) Except as provided in subsection (i), (j), the experience | |
| 521 | + | 11 requirement may be met by work performed at or away from the | |
| 522 | + | 12 premises of the supervising marriage and family therapist. | |
| 523 | + | 13 (i) (j) Except as provided in subsection (j), (k), the work | |
| 524 | + | 14 requirement may not be performed away from the supervising marriage | |
| 525 | + | 15 and family therapist's premises if: | |
| 526 | + | 16 (1) the work is the independent private practice of marriage and | |
| 527 | + | 17 family therapy; and | |
| 528 | + | 18 (2) the work is not performed at a place that has the supervision | |
| 529 | + | 19 of a licensed marriage and family therapist or an equivalent | |
| 530 | + | 20 supervisor, as determined by the board. | |
| 531 | + | 21 (j) (k) Up to fifty percent (50%) one hundred percent (100%) of | |
| 532 | + | 22 the supervised postdegree clinical experience hours required under | |
| 533 | + | 23 subsection (b) (c) may be accounted for through virtual supervision by | |
| 534 | + | 24 a licensed marriage and family therapist or equivalent supervisor | |
| 535 | + | 25 described in subsection (b). (c). | |
| 536 | + | 26 SECTION 19. IC 25-23.6-8-3, AS AMENDED BY P.L.10-2019, | |
| 537 | + | 27 SECTION 112, IS AMENDED TO READ AS FOLLOWS | |
| 538 | + | 28 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) As used in this section, | |
| 539 | + | 29 "term" refers to an academic semester, trimester, or quarter. | |
| 540 | + | 30 (b) An individual who satisfies the requirements of section 1.5(a)(1) | |
| 541 | + | 31 through 1.5(a)(4) of this chapter may take the examination provided by | |
| 542 | + | 32 the board. | |
| 543 | + | 33 (c) An individual who: | |
| 544 | + | 34 (1) is enrolled in the last term of the last year of a program | |
| 545 | + | 35 leading to a degree that meets the requirements of section | |
| 546 | + | 36 1.5(a)(1) of this chapter; and | |
| 547 | + | 37 (2) provides a letter of good standing from the director of the | |
| 548 | + | 38 marriage and family therapy department or the director's | |
| 549 | + | 39 designee; | |
| 550 | + | 40 may take the examination provided by the board for a license as a | |
| 551 | + | 41 marriage and family therapist associate. | |
| 552 | + | 42 (d) A letter of good standing provided under subsection (c)(2) by | |
| 553 | + | EH 1138—LS 6525/DI 141 13 | |
| 554 | + | 1 an individual who applies for a license as a marriage and family | |
| 555 | + | 2 therapist associate must include the following information: | |
| 556 | + | 3 (1) The individual's first and last name. | |
| 557 | + | 4 (2) The type of degree and program in which the individual is | |
| 558 | + | 5 enrolled. | |
| 559 | + | 6 (3) A statement confirming that the individual is currently in | |
| 560 | + | 7 the final term of the program. | |
| 561 | + | 8 (4) The anticipated date of completion of the program. | |
| 562 | + | 9 (5) A statement confirming that the individual is in good | |
| 563 | + | 10 academic standing. | |
| 564 | + | 11 SECTION 20. IC 25-23.6-8.5-4, AS AMENDED BY P.L.160-2018, | |
| 565 | + | 12 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 566 | + | 13 JULY 1, 2024]: Sec. 4. (a) For purposes of this section, "virtual | |
| 567 | + | 14 supervision" means supervision of an applicant for a license as a | |
| 568 | + | 15 mental health counselor by a qualified supervisor through an | |
| 569 | + | 16 electronic platform that provides for synchronous visual and audio | |
| 570 | + | 17 interaction in real time, and which is compliant with the federal | |
| 571 | + | 18 Health Insurance Portability and Accountability Act (HIPAA). | |
| 572 | + | 19 Virtual supervision does not include telephone calls, electronic | |
| 573 | + | 20 mail, or text messages. | |
| 574 | + | 21 (a) (b) As used in this section, "first available examination" means | |
| 575 | + | 22 the first examination: | |
| 576 | + | 23 (1) after the date of an individual's: | |
| 577 | + | 24 (1) (A) graduation; or | |
| 578 | + | 25 (2) (B) moving into Indiana; | |
| 579 | + | 26 that has an application deadline that is at least thirty (30) days | |
| 580 | + | 27 after the date of graduation or the date of moving into Indiana, | |
| 581 | + | 28 unless the individual chooses to meet a deadline that is less than | |
| 582 | + | 29 thirty (30) days after either of those events; or | |
| 583 | + | 30 (2) during the individual's last academic semester, trimester, | |
| 584 | + | 31 or quarter, if the individual is eligible to take the exam | |
| 585 | + | 32 pursuant to section 5 of this chapter. | |
| 586 | + | 33 (b) (c) The applicant must have at least three thousand (3,000) hours | |
| 587 | + | 34 of post-graduate clinical experience over a two (2) year period. The | |
| 588 | + | 35 clinical experience must consist of one hundred (100) hours of | |
| 589 | + | 36 supervision under the supervision of a licensed mental health counselor | |
| 590 | + | 37 or an equivalent supervisor, as determined by the board. | |
| 591 | + | 38 (c) (d) A doctoral internship may be applied toward the supervised | |
| 592 | + | 39 work experience requirement. | |
| 593 | + | 40 (d) (e) Except as provided in subsection (e), (f), the clinical | |
| 594 | + | 41 experience requirement may be met by work performed at or away | |
| 595 | + | 42 from the premises of the supervising mental health counselor. | |
| 596 | + | EH 1138—LS 6525/DI 141 14 | |
| 597 | + | 1 (e) (f) Except as provided in subsection (i), (j), the clinical work | |
| 598 | + | 2 requirement may not be performed away from the supervising mental | |
| 599 | + | 3 health counselor's premises if: | |
| 600 | + | 4 (1) the work is the independent private practice of mental health | |
| 601 | + | 5 counseling; and | |
| 602 | + | 6 (2) the work is not performed at a place that has the supervision | |
| 603 | + | 7 of a licensed mental health counselor or an equivalent supervisor, | |
| 604 | + | 8 as determined by the board. | |
| 605 | + | 9 (f) (g) If an individual applies for, takes, and passes the first | |
| 606 | + | 10 available examination, the individual may not count more than one | |
| 607 | + | 11 thousand five hundred (1,500) hours of the postdegree clinical | |
| 608 | + | 12 experience that is: | |
| 609 | + | 13 (1) required under subsection (b); (c); and | |
| 610 | + | 14 (2) accumulated before taking the examination toward licensure | |
| 611 | + | 15 as a mental health counselor. | |
| 612 | + | 16 (g) (h) If an individual does not pass the first available examination, | |
| 613 | + | 17 the individual may: | |
| 614 | + | 18 (1) retain the hours accumulated before taking the examination; | |
| 615 | + | 19 (2) continue working; and | |
| 616 | + | 20 (3) not accumulate any additional hours toward licensure as a | |
| 617 | + | 21 mental health counselor until passing the examination. | |
| 618 | + | 22 (h) (i) If an individual does not take the first available examination, | |
| 619 | + | 23 the individual may not begin accumulating any postdegree clinical | |
| 620 | + | 24 experience hours toward licensure as a mental health counselor until | |
| 621 | + | 25 the individual passes the examination. | |
| 622 | + | 26 (i) (j) Up to fifty percent (50%) one hundred percent (100%) of | |
| 623 | + | 27 the supervised post-graduate clinical experience hours required under | |
| 624 | + | 28 subsection (b) (c) may be accounted for through virtual supervision by | |
| 625 | + | 29 a licensed mental health counselor or equivalent supervisor described | |
| 626 | + | 30 in subsection (b). (c). | |
| 627 | + | 31 SECTION 21. IC 25-23.6-8.5-5, AS AMENDED BY P.L.84-2010, | |
| 628 | + | 32 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 629 | + | 33 JULY 1, 2024]: Sec. 5. (a) As used in this section, "term" refers to | |
| 630 | + | 34 an academic semester, trimester, or quarter. | |
| 631 | + | 35 (b) An individual who satisfies the requirements of: | |
| 632 | + | 36 (1) section 1 or 1.5 of this chapter; and | |
| 633 | + | 37 (2) section 2 of this chapter; | |
| 634 | + | 38 may take the examination provided by the board. | |
| 635 | + | 39 (c) An individual who: | |
| 636 | + | 40 (1) is enrolled in the last term of the last year of a program | |
| 637 | + | 41 leading to a degree that meets the requirements of section | |
| 638 | + | 42 1.5(a)(1) of this chapter; and | |
| 639 | + | EH 1138—LS 6525/DI 141 15 | |
| 640 | + | 1 (2) provides a letter of good standing from the director of the | |
| 641 | + | 2 mental health counselor department or the director's | |
| 642 | + | 3 designee; | |
| 643 | + | 4 may take the examination provided by the board for a license as a | |
| 644 | + | 5 mental health counselor associate. | |
| 645 | + | 6 (d) A letter of good standing provided under subsection (c)(2) by | |
| 646 | + | 7 an individual who applies for a license as a mental health counselor | |
| 647 | + | 8 associate must include the following information: | |
| 648 | + | 9 (1) The individual's first and last name. | |
| 649 | + | 10 (2) The type of degree and program in which the individual is | |
| 650 | + | 11 enrolled. | |
| 651 | + | 12 (3) A statement confirming that the individual is currently in | |
| 652 | + | 13 the final term of the program. | |
| 653 | + | 14 (4) The anticipated date of completion of the program. | |
| 654 | + | 15 (5) A statement confirming that the individual is in good | |
| 655 | + | 16 academic standing. | |
| 656 | + | 17 SECTION 22. IC 25-23.6-10.5-7, AS AMENDED BY | |
| 657 | + | 18 P.L.207-2021, SECTION 28, IS AMENDED TO READ AS | |
| 658 | + | 19 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) For purposes of | |
| 659 | + | 20 this section, "virtual supervision" means supervision of an | |
| 660 | + | 21 applicant for a license as an addiction counselor by a qualified | |
| 661 | + | 22 supervisor through an electronic platform that provides for | |
| 662 | + | 23 synchronous visual and audio interaction in real time, and which | |
| 663 | + | 24 is compliant with the federal Health Insurance Portability and | |
| 664 | + | 25 Accountability Act (HIPAA). Virtual supervision does not include | |
| 665 | + | 26 telephone calls, electronic mail, or text messages. | |
| 666 | + | 27 (a) (b) An applicant under section 1 of this chapter must have at | |
| 667 | + | 28 least two (2) years of addiction counseling experience that must include | |
| 668 | + | 29 at least one hundred fifty (150) hours under supervision, one hundred | |
| 669 | + | 30 (100) hours of which must be under individual supervision and fifty | |
| 670 | + | 31 (50) hours of which must be under group supervision. The supervision | |
| 671 | + | 32 required must be provided by a qualified supervisor, as determined by | |
| 672 | + | 33 the board. | |
| 673 | + | 34 (b) (c) A doctoral internship, or a supervised master's level | |
| 674 | + | 35 practicum, an internship, or field experience in addiction counseling, | |
| 675 | + | 36 may be applied toward the supervised work experience requirement. | |
| 676 | + | 37 (c) (d) Except as provided in subsection (d), (e), the experience | |
| 677 | + | 38 requirement may be met by work performed at or away from the | |
| 678 | + | 39 premises of the qualified supervisor. | |
| 679 | + | 40 (d) (e) Except as provided in subsection (e), (f), the work | |
| 680 | + | 41 requirement may not be performed away from the qualified supervisor's | |
| 681 | + | 42 premises if: | |
| 682 | + | EH 1138—LS 6525/DI 141 16 | |
| 683 | + | 1 (1) the work is the independent private practice of addiction | |
| 684 | + | 2 counseling; and | |
| 685 | + | 3 (2) the work is not performed at a place that has the supervision | |
| 686 | + | 4 of a qualified supervisor. | |
| 687 | + | 5 (e) (f) Up to fifty percent (50%) one hundred percent (100%) of | |
| 688 | + | 6 the supervised addiction counseling experience hours required under | |
| 689 | + | 7 subsection (a) (b) may be accounted for through virtual supervision by | |
| 690 | + | 8 a qualified supervisor described in subsection (a). (b). | |
| 691 | + | 9 SECTION 23. IC 25-23.6-10.5-8, AS AMENDED BY | |
| 692 | + | 10 P.L.207-2021, SECTION 29, IS AMENDED TO READ AS | |
| 693 | + | 11 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) For purposes of | |
| 694 | + | 12 this section, "virtual supervision" means supervision of an | |
| 695 | + | 13 applicant for a license as a clinical addiction counselor by a | |
| 696 | + | 14 qualified supervisor through an electronic platform that provides | |
| 697 | + | 15 for synchronous visual and audio interaction in real time, and | |
| 698 | + | 16 which is compliant with the federal Health Insurance Portability | |
| 699 | + | 17 and Accountability Act (HIPAA). Virtual supervision does not | |
| 700 | + | 18 include telephone calls, electronic mail, or text messages. | |
| 701 | + | 19 (a) (b) An applicant under section 2 of this chapter must have at | |
| 702 | + | 20 least two (2) years of clinical addiction counseling experience that must | |
| 703 | + | 21 include at least two hundred (200) hours under supervision, one | |
| 704 | + | 22 hundred (100) hours of which must be under individual supervision | |
| 705 | + | 23 and up to one hundred (100) hours of which may be under group | |
| 706 | + | 24 supervision. The supervision required must be provided by a qualified | |
| 707 | + | 25 supervisor, as determined by the board. | |
| 708 | + | 26 (b) (c) A doctoral internship may be applied toward the supervised | |
| 709 | + | 27 work experience requirement. | |
| 710 | + | 28 (c) (d) Except as provided in subsection (d), (e), the experience | |
| 711 | + | 29 requirement may be met by work performed at or away from the | |
| 712 | + | 30 premises of the qualified supervisor. | |
| 713 | + | 31 (d) (e) The work requirement may not be performed away from the | |
| 714 | + | 32 qualified supervisor's premises if: | |
| 715 | + | 33 (1) the work is the independent private practice of addiction | |
| 716 | + | 34 therapy; and | |
| 717 | + | 35 (2) the work is not performed at a place that has the supervision | |
| 718 | + | 36 of a qualified supervisor. | |
| 719 | + | 37 (f) Up to one hundred percent (100%) of the supervised clinical | |
| 720 | + | 38 addiction counseling experience hours required under subsection | |
| 721 | + | 39 (b) may be accounted for through virtual supervision by a qualified | |
| 722 | + | 40 supervisor described in subsection (b). | |
| 723 | + | 41 SECTION 24. IC 25-23.6-10.5-9, AS ADDED BY P.L.122-2009, | |
| 724 | + | 42 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 725 | + | EH 1138—LS 6525/DI 141 17 | |
| 726 | + | 1 JULY 1, 2024]: Sec. 9. (a) As used in this section, "term" refers to | |
| 727 | + | 2 an academic semester, trimester, or quarter. | |
| 728 | + | 3 (a) (b) An individual who satisfies the requirements of sections 4, | |
| 729 | + | 4 6, and 8 of this chapter may take the licensed clinical addiction | |
| 730 | + | 5 counselor examination established by the board. | |
| 731 | + | 6 (b) (c) An individual who satisfies the requirements of sections 3, | |
| 732 | + | 7 5, and 7 of this chapter may take the licensed addiction counselor | |
| 733 | + | 8 examination established by the board. | |
| 734 | + | 9 (d) An individual who: | |
| 735 | + | 10 (1) is enrolled in the last term of the last year of a program | |
| 736 | + | 11 leading to a degree that meets the requirements of section | |
| 737 | + | 12 1.5(a)(1) of this chapter; and | |
| 738 | + | 13 (2) provides a letter of good standing from the director of the | |
| 739 | + | 14 addiction counselor department or the director's designee; | |
| 740 | + | 15 may take the examination provided by the board for a license as an | |
| 741 | + | 16 addiction counselor associate. | |
| 742 | + | 17 (e) An individual who: | |
| 743 | + | 18 (1) is enrolled in the last term of the last year of a program | |
| 744 | + | 19 leading to a degree that meets the requirements of section | |
| 745 | + | 20 2.5(1) of this chapter; and | |
| 746 | + | 21 (2) provides a letter of good standing from the director of the | |
| 747 | + | 22 addiction counselor department or the director's designee; | |
| 748 | + | 23 may take the examination provided by the board for a license as a | |
| 749 | + | 24 clinical addiction counselor associate. | |
| 750 | + | 25 (f) A letter of good standing provided under subsection (d)(2) or | |
| 751 | + | 26 (e)(2) by an individual who applies for a license as an addiction | |
| 752 | + | 27 counselor associate or clinical addiction counselor associate must | |
| 753 | + | 28 include the following information: | |
| 754 | + | 29 (1) The individual's first and last name. | |
| 755 | + | 30 (2) The type of degree and program in which the individual is | |
| 756 | + | 31 enrolled. | |
| 757 | + | 32 (3) A statement confirming that the individual is currently in | |
| 758 | + | 33 the final term of the program. | |
| 759 | + | 34 (4) The anticipated date of completion of the program. | |
| 760 | + | 35 (5) A statement confirming that the individual is in good | |
| 761 | + | 36 academic standing. | |
| 762 | + | 37 SECTION 25. IC 34-30-2.1-366, AS ADDED BY P.L.105-2022, | |
| 763 | + | 38 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 764 | + | 39 JULY 1, 2024]: Sec. 366. IC 25-2.1-9-5 (Concerning immunity of an | |
| 765 | + | 40 entity administering a quality review (before July 1, 2012) or peer | |
| 766 | + | 41 review (after June 30, 2012) program and members of a quality review | |
| 767 | + | 42 committee (before July 1, 2012) or peer review committee). (after June | |
| 768 | + | EH 1138—LS 6525/DI 141 18 | |
| 769 | + | 1 30, 2012)). | |
| 770 | + | 2 SECTION 26. IC 34-46-2-17, AS AMENDED BY P.L.197-2011, | |
| 771 | + | 3 SECTION 126, IS AMENDED TO READ AS FOLLOWS | |
| 772 | + | 4 [EFFECTIVE JULY 1, 2024]: Sec. 17. IC 25-2.1-5-8 (Concerning | |
| 773 | + | 5 proceedings, records, and work papers of a quality review committee | |
| 774 | + | 6 that conducts a quality review of an accounting firm before July 1, | |
| 775 | + | 7 2012, or a peer review committee that conducts a peer review of an | |
| 776 | + | 8 accounting firm). after June 30, 2012). | |
| 777 | + | EH 1138—LS 6525/DI 141 19 | |
| 778 | + | COMMITTEE REPORT | |
| 779 | + | Mr. Speaker: Your Committee on Employment, Labor and Pensions, | |
| 780 | + | to which was referred House Bill 1138, has had the same under | |
| 781 | + | consideration and begs leave to report the same back to the House with | |
| 782 | + | the recommendation that said bill be amended as follows: | |
| 783 | + | Page 1, between the enacting clause and line 1, begin a new | |
| 784 | + | paragraph and insert: | |
| 785 | + | "SECTION 1. IC 25-1-11-12, AS AMENDED BY P.L.197-2011, | |
| 16 | 786 | SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 17 | 787 | JULY 1, 2024]: Sec. 12. (a) The board may impose any of the | |
| 18 | 788 | following sanctions, singly or in combination, if the board finds that a | |
| 19 | 789 | practitioner is subject to disciplinary sanctions under sections 5 | |
| 20 | 790 | through 9 of this chapter: | |
| 21 | 791 | (1) Permanently revoke a practitioner's license. | |
| 22 | 792 | (2) Suspend a practitioner's license. | |
| 23 | 793 | (3) Censure a practitioner. | |
| 24 | 794 | (4) Issue a letter of reprimand. | |
| 25 | 795 | (5) Place a practitioner on probation status and require the | |
| 26 | 796 | practitioner to: | |
| 27 | 797 | (A) report regularly to the board upon the matters that are the | |
| 28 | 798 | basis of probation; | |
| 29 | 799 | (B) limit practice to those areas prescribed by the board; | |
| 30 | 800 | (C) continue or renew professional education approved by the | |
| 31 | 801 | board until a satisfactory degree of skill has been attained in | |
| 32 | 802 | those areas that are the basis of the probation; | |
| 33 | 803 | (D) perform or refrain from performing any acts, including | |
| 34 | 804 | community restitution or service without compensation, that | |
| 35 | 805 | the board considers appropriate to the public interest or to the | |
| 36 | 806 | rehabilitation or treatment of the practitioner; or | |
| 37 | - | HEA 1138 — Concur 2 | |
| 38 | 807 | (E) satisfactorily complete a quality review (before July 1, | |
| 39 | 808 | 2012) or peer review (after June 30, 2012) specified by the | |
| 40 | 809 | board as a condition for termination of probationary status if | |
| 41 | 810 | the practitioner is a licensee (as defined in IC 25-2.1-1-8). | |
| 42 | 811 | (6) Assess a civil penalty against the practitioner for not more | |
| 43 | 812 | than one thousand dollars ($1,000) for each violation listed in | |
| 44 | 813 | sections 5 through 9 of this chapter except for a finding of | |
| 45 | 814 | incompetency due to a physical or mental disability. | |
| 46 | 815 | (7) Order a practitioner to pay consumer restitution to a person | |
| 47 | 816 | who suffered damages as a result of the conduct or omission that | |
| 48 | 817 | was the basis for the disciplinary sanctions under this chapter. | |
| 49 | 818 | (b) When imposing a civil penalty under subsection (a)(6), the board | |
| 819 | + | EH 1138—LS 6525/DI 141 20 | |
| 50 | 820 | shall consider a practitioner's ability to pay the amount assessed. If the | |
| 51 | 821 | practitioner fails to pay the civil penalty within the time specified by | |
| 52 | 822 | the board, the board may suspend the practitioner's license without | |
| 53 | 823 | additional proceedings. However, a suspension may not be imposed if | |
| 54 | 824 | the sole basis for the suspension is the practitioner's inability to pay a | |
| 55 | 825 | civil penalty. | |
| 56 | 826 | (c) The board may withdraw or modify the probation under | |
| 57 | 827 | subsection (a)(5) if the board finds after a hearing that the deficiency | |
| 58 | 828 | that required disciplinary action has been remedied or that changed | |
| 59 | 829 | circumstances warrant a modification of the order. | |
| 60 | 830 | SECTION 2. IC 25-2.1-1-6.3 IS AMENDED TO READ AS | |
| 61 | 831 | FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6.3. "Compilation" | |
| 62 | 832 | means providing a service of any compilation engagement to be | |
| 63 | 833 | performed in accordance with AICPA Statements on Standards for | |
| 64 | 834 | Accounting and Review Services (SSARS). or other similar standards | |
| 65 | 835 | adopted by reference under IC 25-2.1-2-15 that is presenting, in the | |
| 66 | 836 | form of financial statements, information that is the representation of | |
| 67 | 837 | the management or owners without undertaking to express any | |
| 68 | 838 | assurance on the statements. | |
| 69 | 839 | SECTION 3. IC 25-2.1-1-8.7, AS ADDED BY P.L.197-2011, | |
| 70 | 840 | SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 71 | 841 | JULY 1, 2024]: Sec. 8.7. (a) "Peer review" means a study, an appraisal, | |
| 72 | 842 | or a review of at least one (1) aspect of the professional work of: | |
| 73 | 843 | (1) an individual who; or | |
| 74 | 844 | (2) a firm in the practice of accountancy that; | |
| 75 | 845 | attests or issues compilation reports, by at least one (1) individual who | |
| 76 | 846 | holds a certificate from any state and possesses qualifications that meet | |
| 77 | 847 | the applicable substantial equivalency standards and who is | |
| 78 | 848 | independent of the individual or firm being reviewed. The term | |
| 79 | 849 | includes any part of a quality review conducted before July 1, 2012, | |
| 80 | - | HEA 1138 — Concur 3 | |
| 81 | 850 | that becomes part of a peer review conducted or peer review report | |
| 82 | 851 | issued after June 30, 2012. | |
| 83 | 852 | (b) After June 30, 2012, any reference in any law, rule, or other | |
| 84 | 853 | document to "quality review" as that term was applied under this article | |
| 85 | 854 | before July 1, 2012, shall be treated as a reference to peer review. | |
| 86 | 855 | SECTION 4. IC 25-2.1-2-15, AS AMENDED BY P.L.197-2011, | |
| 87 | 856 | SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 88 | 857 | JULY 1, 2024]: Sec. 15. The board may adopt rules under IC 4-22-2 | |
| 89 | 858 | governing the administration and enforcement of this article and the | |
| 90 | 859 | conduct of licensees, including the following: | |
| 91 | 860 | (1) The board's meetings and conduct of business. | |
| 92 | 861 | (2) The procedure of investigations and hearings. | |
| 862 | + | EH 1138—LS 6525/DI 141 21 | |
| 93 | 863 | (3) The educational and experience qualifications required for the | |
| 94 | 864 | issuance of certificates under this article and the continuing | |
| 95 | 865 | professional education required for renewal of certificates under | |
| 96 | 866 | IC 25-2.1-4. | |
| 97 | 867 | (4) Rules of professional conduct directed to controlling the | |
| 98 | 868 | quality and probity of the practice of accountancy by licensees, | |
| 99 | 869 | including independence, integrity, and objectivity, competence | |
| 100 | 870 | and technical standards, and responsibilities to the public and | |
| 101 | 871 | clients. | |
| 102 | 872 | (5) The actions and circumstances that constitute professing to be | |
| 103 | 873 | a licensee in connection with the practice of accountancy. | |
| 104 | 874 | (6) The manner and circumstances of use of the title "certified | |
| 105 | 875 | public accountant" and the abbreviation "CPA". | |
| 106 | 876 | (7) Quality reviews (before July 1, 2012) or Peer reviews (after | |
| 107 | 877 | June 30, 2012) that may be required to be performed under this | |
| 108 | 878 | article. | |
| 109 | 879 | (8) Methods of applying for and conducting the examinations, | |
| 110 | 880 | including methods for grading examinations and determining a | |
| 111 | 881 | passing grade required of an applicant for a certificate. However, | |
| 112 | 882 | the board shall to the extent possible provide that the | |
| 113 | 883 | examination, grading of the examination, and the passing grades | |
| 114 | 884 | are uniform with those applicable in other states. | |
| 115 | 885 | (9) Substantial equivalency. | |
| 116 | 886 | (10) Administration of the accountant investigative fund | |
| 117 | 887 | established by IC 25-2.1-8-4. | |
| 118 | 888 | SECTION 5. IC 25-2.1-5-8, AS AMENDED BY P.L.168-2016, | |
| 119 | 889 | SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 120 | 890 | JULY 1, 2024]: Sec. 8. (a) The board shall adopt rules that require as | |
| 121 | 891 | a condition to renew a permit under this chapter, that an applicant | |
| 122 | 892 | undergo, not more than once every three (3) years, a peer review | |
| 123 | - | HEA 1138 — Concur 4 | |
| 124 | 893 | conducted in a manner the board specifies. | |
| 125 | 894 | (b) The rules adopted under subsection (a) must: | |
| 126 | 895 | (1) be adopted reasonably in advance of the time when a peer | |
| 127 | 896 | review first becomes effective; | |
| 128 | 897 | (2) include reasonable provision for compliance by an applicant | |
| 129 | 898 | showing that the applicant has in the preceding three (3) years | |
| 130 | 899 | undergone a peer review that is a satisfactory equivalent to the | |
| 131 | 900 | peer review required under this section; | |
| 132 | 901 | (3) require the firm to submit a copy of allow the administering | |
| 133 | 902 | entity to provide access to the results of its most recently | |
| 134 | 903 | accepted peer review and other objective information specified | |
| 135 | 904 | by the rules to the board; either directly or through the | |
| 905 | + | EH 1138—LS 6525/DI 141 22 | |
| 136 | 906 | administering entity; | |
| 137 | 907 | (4) require, with respect to peer reviews under subdivision (2), | |
| 138 | 908 | that the peer review be subject to review by an oversight body | |
| 139 | 909 | committee established or sanctioned by the board that shall: | |
| 140 | 910 | (A) comply with IC 25-2.1-9-4; and | |
| 141 | 911 | (B) periodically report to the board on the effectiveness of the | |
| 142 | 912 | review program and provide to the board a listing of firms that | |
| 143 | 913 | have participated in a peer review program; and | |
| 144 | 914 | (5) subject to section 9 of this chapter and IC 25-2.1-9-4, require, | |
| 145 | 915 | with respect to peer reviews under subdivision (2), that: | |
| 146 | 916 | (A) the proceedings, records, and work papers of a review | |
| 147 | 917 | committee are privileged and are not subject to discovery, | |
| 148 | 918 | subpoena, or other means of legal process or introduction into | |
| 149 | 919 | evidence in a civil action, arbitration, administrative | |
| 150 | 920 | proceeding, or Indiana board of accountancy proceeding; and | |
| 151 | 921 | (B) a member of the review committee or individual who was | |
| 152 | 922 | involved in the peer review process is not permitted or | |
| 153 | 923 | required to testify in a civil action, arbitration, administrative | |
| 154 | 924 | proceeding, or board proceeding to matters: | |
| 155 | 925 | (i) produced, presented, disclosed or discussed during, or in | |
| 156 | 926 | connection with, the peer review process; or | |
| 157 | 927 | (ii) that involve findings, recommendations, evaluations, | |
| 158 | 928 | opinions, or other actions of the committee or a committee | |
| 159 | 929 | member. | |
| 160 | 930 | SECTION 6. IC 25-2.1-8-2, AS AMENDED BY P.L.197-2011, | |
| 161 | 931 | SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 162 | 932 | JULY 1, 2024]: Sec. 2. In place of or in addition to any remedy | |
| 163 | 933 | specifically provided in IC 25-1-11, the board may require the | |
| 164 | 934 | following of a licensee: | |
| 165 | 935 | (1) To undergo a quality review (before July 1, 2012) or a peer | |
| 166 | - | HEA 1138 — Concur 5 | |
| 167 | 936 | review. (after June 30, 2012). | |
| 168 | 937 | (2) To satisfactorily complete continuing professional education | |
| 169 | 938 | programs. | |
| 170 | 939 | SECTION 7. IC 25-2.1-9-4, AS ADDED BY P.L.197-2011, | |
| 171 | 940 | SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 172 | 941 | JULY 1, 2024]: Sec. 4. (a) This section applies to a licensee that | |
| 173 | 942 | receives a peer review rating of fail on a peer review report issued after | |
| 174 | 943 | June 30, 2012, for a peer review conducted under IC 25-2.1-5-8. | |
| 175 | 944 | (b) The following definitions apply throughout this section: | |
| 176 | 945 | (1) "Administering entity" refers to the oversight body established | |
| 177 | 946 | or sanctioned by the board to conduct a peer review program. | |
| 178 | 947 | (2) "Director" refers to the director of the division of consumer | |
| 948 | + | EH 1138—LS 6525/DI 141 23 | |
| 179 | 949 | protection in the office of the attorney general. | |
| 180 | 950 | (3) "Oversight committee" refers to a committee of licensees who | |
| 181 | 951 | are not board members that is designated by the board to receive | |
| 182 | 952 | a report. the results of a peer review. | |
| 183 | 953 | (4) "Report" refers to a peer review report described in subsection | |
| 184 | 954 | (a), including any description of the deficiencies on which the | |
| 185 | 955 | peer review rating of fail is based. | |
| 186 | 956 | (c) The board shall provide the director with the name and contact | |
| 187 | 957 | information for the administering entity. | |
| 188 | 958 | (d) Not more than thirty (30) days after the issuance of a report, the | |
| 189 | 959 | administering entity shall make the report available to the oversight | |
| 190 | 960 | committee. The oversight committee may forward the report results of | |
| 191 | 961 | a peer review to the director. Receipt of the report shall results may | |
| 192 | 962 | be treated under IC 25-1-7-4, IC 25-1-7-5, and IC 25-1-7-6 as a | |
| 193 | 963 | complaint submitted by the board. If, after conducting an investigation, | |
| 194 | 964 | the director believes that a licensee should be subjected to disciplinary | |
| 195 | 965 | sanctions by the board, the director shall report the director's | |
| 196 | 966 | determination to the attorney general. Upon receiving the director's | |
| 197 | 967 | report, the attorney general may prosecute the matter, on behalf of the | |
| 198 | 968 | state of Indiana, before the board. IC 25-1-7-7(b) does not apply to a | |
| 199 | 969 | determination related to a complaint filed under this section. | |
| 200 | 970 | (e) The administering entity and the peer review committee issuing | |
| 201 | 971 | a report shall cooperate with an investigation under IC 25-1-7 of a | |
| 202 | 972 | complaint filed under this section. and with any resulting proceeding, | |
| 203 | 973 | including compliance with any request for access to or production of | |
| 204 | 974 | the proceedings, records, and work papers of the review committee by | |
| 205 | 975 | the director, the office of the attorney general, or a party to any | |
| 206 | 976 | proceeding initiated as a result of the filing of a complaint under this | |
| 207 | 977 | section. However, all complaints and information pertaining to a | |
| 208 | 978 | complaint are confidential until the attorney general files notice with | |
| 209 | - | HEA 1138 — Concur 6 | |
| 210 | 979 | the board of the attorney general's intent to prosecute a licensee under | |
| 211 | 980 | IC 25-1-7-7. Any meeting of the board, the oversight committee, or a | |
| 212 | 981 | designee of the board or oversight committee that is required in an | |
| 213 | 982 | investigation conducted before the attorney general files notice of | |
| 214 | 983 | intent to prosecute shall be conducted as an executive session under | |
| 215 | 984 | IC 5-14-1.5-6.1. | |
| 216 | 985 | SECTION 8. IC 25-2.1-9-5, AS ADDED BY P.L.197-2011, | |
| 217 | 986 | SECTION 84, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 218 | 987 | JULY 1, 2024]: Sec. 5. An: | |
| 219 | 988 | (1) entity administering a quality review program before July 1, | |
| 220 | 989 | 2012, or a peer review program; after June 30, 2012; | |
| 221 | 990 | (2) officer, member, or employee of an entity administering a | |
| 991 | + | EH 1138—LS 6525/DI 141 24 | |
| 222 | 992 | quality review program before July 1, 2012, or a peer review | |
| 223 | 993 | program; after June 30, 2012; | |
| 224 | 994 | (3) employee or member of a quality review committee before | |
| 225 | 995 | July 1, 2012, or a peer review committee; after June 30, 2012; and | |
| 226 | 996 | (4) entity in which or for which a member of a quality review | |
| 227 | 997 | committee (before July 1, 2012) or peer review committee (after | |
| 228 | 998 | June 30, 2012) is a sole proprietor, a partner, a shareholder, a | |
| 229 | 999 | member, or an employee; | |
| 230 | 1000 | is immune from civil liability that would otherwise arise from | |
| 231 | 1001 | communications, supervision, findings, recommendations, evaluations, | |
| 232 | 1002 | reports, opinions, or other actions taken or omissions occurring in good | |
| 233 | 1003 | faith in the course and scope of the duties of a quality review | |
| 234 | 1004 | administering entity (before July 1, 2012) or peer review administering | |
| 235 | 1005 | entity (after June 30, 2012) or a quality review committee (before July | |
| 236 | 1006 | 1, 2012) or peer review committee (after June 30, 2012) that arise | |
| 237 | 1007 | under this article, including the rules adopted by the board. The | |
| 238 | 1008 | immunity granted under this section includes immunity for an act or | |
| 239 | 1009 | omission related to any part of a quality review conducted under this | |
| 240 | 1010 | article before July 1, 2012, that becomes part of a peer review | |
| 241 | 1011 | conducted or peer review report issued after June 30, 2012. | |
| 242 | 1012 | SECTION 9. IC 25-2.1-11-2, AS AMENDED BY P.L.197-2011, | |
| 243 | 1013 | SECTION 85, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 244 | 1014 | JULY 1, 2024]: Sec. 2. Before reinstating a suspended certificate or | |
| 245 | 1015 | permit under IC 25-1-11-14, the board may require the applicant to | |
| 246 | 1016 | show successful completion of specified continuing professional | |
| 247 | 1017 | education or other actions, and the board may make the reinstatement | |
| 248 | 1018 | of a certificate or permit conditional on satisfactory completion of a | |
| 249 | 1019 | quality review (before July 1, 2012) or peer review (after June 30, | |
| 250 | 1020 | 2012) specified by the board. | |
| 251 | 1021 | SECTION 10. IC 25-2.1-14-2, AS AMENDED BY P.L.197-2011, | |
| 252 | - | HEA 1138 — Concur 7 | |
| 253 | 1022 | SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 254 | 1023 | JULY 1, 2024]: Sec. 2. The information derived from or as the result | |
| 255 | 1024 | of professional services is confidential and privileged. However, this | |
| 256 | 1025 | section does not prohibit a certified public accountant, a public | |
| 257 | 1026 | accountant, or an accounting practitioner from disclosing any data | |
| 258 | 1027 | required to be disclosed by the standards of the profession: | |
| 259 | 1028 | (1) in rendering an opinion on the presentation of financial | |
| 260 | 1029 | statements; | |
| 261 | 1030 | (2) in ethical investigations conducted by private professional | |
| 262 | 1031 | organizations; | |
| 263 | 1032 | (3) in the course of quality reviews (before July 1, 2012) or peer | |
| 264 | 1033 | reviews (after June 30, 2012) or an investigation or proceeding | |
| 1034 | + | EH 1138—LS 6525/DI 141 25 | |
| 265 | 1035 | related to a quality review (before July 1, 2012) or peer review; | |
| 266 | 1036 | (after June 30, 2012); or | |
| 267 | 1037 | (4) in making disclosure where the financial statements or the | |
| 268 | 1038 | professional services of an accountant are contested. | |
| 269 | 1039 | SECTION 11. IC 25-2.1-14-5, AS AMENDED BY P.L.197-2011, | |
| 270 | 1040 | SECTION 88, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 271 | 1041 | JULY 1, 2024]: Sec. 5. (a) This chapter does not prohibit a temporary | |
| 272 | 1042 | transfer of work papers or other material necessary to carry out quality | |
| 273 | 1043 | reviews (before July 1, 2012) or peer reviews, (after June 30, 2012), | |
| 274 | 1044 | conduct an investigation or proceeding related to a quality review | |
| 275 | 1045 | (before July 1, 2012) or peer review, (after June 30, 2012), or comply | |
| 276 | 1046 | with the disclosure of information under this chapter. | |
| 277 | 1047 | (b) A licensee is not required to keep any work paper beyond the | |
| 278 | 1048 | period prescribed in any applicable statute. | |
| 279 | 1049 | SECTION 12. IC 25-4-1-18.5 IS ADDED TO THE INDIANA | |
| 280 | 1050 | CODE AS A NEW SECTION TO READ AS FOLLOWS | |
| 281 | 1051 | [EFFECTIVE JULY 1, 2024]: Sec. 18.5. (a) An individual who has | |
| 282 | 1052 | graduated from a school or college of architecture accredited by | |
| 283 | 1053 | the National Architectural Accrediting Board, Inc., or its successor | |
| 284 | 1054 | may profess to be an "architectural graduate" and use the term to | |
| 285 | 1055 | describe the individual. | |
| 286 | 1056 | (b) An individual currently enrolled in, but not yet graduated | |
| 287 | 1057 | from, a school or college of architecture accredited by the National | |
| 288 | 1058 | Architectural Accrediting Board, Inc., or its successor may profess | |
| 289 | 1059 | to be an "architectural intern" and use the term to describe the | |
| 290 | 1060 | individual. | |
| 291 | 1061 | SECTION 13. IC 25-4-2-10.5 IS ADDED TO THE INDIANA | |
| 292 | 1062 | CODE AS A NEW SECTION TO READ AS FOLLOWS | |
| 293 | 1063 | [EFFECTIVE JULY 1, 2024]: Sec. 10.5. (a) An individual who has | |
| 294 | 1064 | graduated from an accredited curriculum of landscape | |
| 295 | - | HEA 1138 — Concur 8 | |
| 296 | 1065 | architecture presented by a college or school approved by the | |
| 297 | 1066 | board may profess to be a "landscape architectural graduate" and | |
| 298 | 1067 | use the term to describe the individual. | |
| 299 | 1068 | (b) An individual currently enrolled in, but not yet graduated | |
| 300 | 1069 | from, an accredited curriculum of landscape architecture | |
| 301 | 1070 | presented by a college or school approved by the board may | |
| 302 | 1071 | profess to be a "landscape architectural intern" and use the term | |
| 303 | - | to describe the individual. | |
| 304 | - | SECTION 14. IC 25-17.6-5-5, AS ADDED BY P.L.108-2022, | |
| 1072 | + | to describe the individual.". | |
| 1073 | + | Page 2, after line 8, begin a new paragraph and insert: | |
| 1074 | + | "SECTION 15. IC 34-30-2.1-366, AS ADDED BY P.L.105-2022, | |
| 1075 | + | SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1076 | + | JULY 1, 2024]: Sec. 366. IC 25-2.1-9-5 (Concerning immunity of an | |
| 1077 | + | EH 1138—LS 6525/DI 141 26 | |
| 1078 | + | entity administering a quality review (before July 1, 2012) or peer | |
| 1079 | + | review (after June 30, 2012) program and members of a quality review | |
| 1080 | + | committee (before July 1, 2012) or peer review committee). (after June | |
| 1081 | + | 30, 2012)). | |
| 1082 | + | SECTION 16. IC 34-46-2-17, AS AMENDED BY P.L.197-2011, | |
| 1083 | + | SECTION 126, IS AMENDED TO READ AS FOLLOWS | |
| 1084 | + | [EFFECTIVE JULY 1, 2024]: Sec. 17. IC 25-2.1-5-8 (Concerning | |
| 1085 | + | proceedings, records, and work papers of a quality review committee | |
| 1086 | + | that conducts a quality review of an accounting firm before July 1, | |
| 1087 | + | 2012, or a peer review committee that conducts a peer review of an | |
| 1088 | + | accounting firm). after June 30, 2012).". | |
| 1089 | + | Renumber all SECTIONS consecutively. | |
| 1090 | + | and when so amended that said bill do pass. | |
| 1091 | + | (Reference is to HB 1138 as introduced.) | |
| 1092 | + | VANNATTER | |
| 1093 | + | Committee Vote: yeas 9, nays 0. | |
| 1094 | + | _____ | |
| 1095 | + | COMMITTEE REPORT | |
| 1096 | + | Madam President: The Senate Committee on Pensions and Labor, | |
| 1097 | + | to which was referred House Bill No. 1138, has had the same under | |
| 1098 | + | consideration and begs leave to report the same back to the Senate with | |
| 1099 | + | the recommendation that said bill be AMENDED as follows: | |
| 1100 | + | Page 8, between lines 13 and 14, begin a new paragraph and insert: | |
| 1101 | + | "SECTION 14. IC 25-17.6-5-5, AS ADDED BY P.L.108-2022, | |
| 305 | 1102 | SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 306 | 1103 | JULY 1, 2024]: Sec. 5. (a) Before July 1, 2024, the board shall adopt | |
| 307 | 1104 | rules in accordance with IC 25-1-4 to: | |
| 308 | 1105 | (1) require a licensed professional geologist to obtain continuing | |
| 309 | 1106 | education in geological sciences as a condition of license renewal; | |
| 310 | 1107 | and | |
| 311 | 1108 | (2) set forth the conditions, requirements, and implementation of | |
| 312 | 1109 | the continuing education program. | |
| 313 | 1110 | (b) The continuing education requirements adopted under this | |
| 314 | 1111 | section must allow a licensed professional geologist to receive full | |
| 315 | 1112 | credit for continuing education courses completed in a state other than | |
| 316 | 1113 | Indiana. | |
| 317 | 1114 | (c) The continuing education requirements adopted under this | |
| 1115 | + | EH 1138—LS 6525/DI 141 27 | |
| 318 | 1116 | section do not apply to a licensed professional geologist until after the | |
| 319 | 1117 | first full license renewal cycle beginning one (1) year after final | |
| 320 | 1118 | adoption of the rules under this section. In order to renew a license | |
| 321 | 1119 | after June 30, 2025, a professional geologist must comply with the | |
| 322 | 1120 | continuing education requirements adopted under this section. | |
| 323 | 1121 | (d) The continuing education requirements adopted under this | |
| 324 | 1122 | section do not apply to a person who is not licensed under this article. | |
| 325 | 1123 | SECTION 15. IC 25-23.6-5-3.5, AS AMENDED BY | |
| 326 | 1124 | P.L.215-2018(ss), SECTION 12, IS AMENDED TO READ AS | |
| 327 | 1125 | FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3.5. (a) For purposes | |
| 328 | 1126 | of this section, "virtual supervision" means supervision of an | |
| 329 | 1127 | applicant for a license as a clinical social worker by a qualified | |
| 330 | 1128 | supervisor through an electronic platform that provides for | |
| 331 | 1129 | synchronous visual and audio interaction in real time, and which | |
| 332 | 1130 | is compliant with the federal Health Insurance Portability and | |
| 333 | 1131 | Accountability Act (HIPAA). Virtual supervision does not include | |
| 334 | 1132 | telephone calls, electronic mail, or text messages. | |
| 335 | 1133 | (a) (b) The applicant for a license as a clinical social worker must | |
| 336 | 1134 | have at least two (2) years of clinical social work experience after | |
| 337 | 1135 | receiving a graduate degree in social work and under the supervision | |
| 338 | - | HEA 1138 — Concur 9 | |
| 339 | 1136 | of a qualified supervisor as determined by the board. | |
| 340 | 1137 | (b) (c) If an individual is obtaining the clinical social work | |
| 341 | 1138 | experience described in subsection (a) (b) in Indiana, the individual | |
| 342 | 1139 | must be licensed as a social worker under section 1 of this chapter. | |
| 343 | 1140 | (c) (d) A doctoral internship may be applied toward the supervised | |
| 344 | 1141 | clinical social work experience requirement. | |
| 345 | 1142 | (d) (e) Except as provided in subsection (e), (f), the clinical social | |
| 346 | 1143 | work experience requirement may be met by work performed at or | |
| 347 | 1144 | away from the premises of the qualified supervisor. | |
| 348 | 1145 | (e) (f) Except as provided in subsection (g), (h), the clinical social | |
| 349 | 1146 | work requirement may not be performed away from the qualified | |
| 350 | 1147 | supervisor's premises if: | |
| 351 | 1148 | (1) the work is the independent private practice of clinical social | |
| 352 | 1149 | work; and | |
| 353 | 1150 | (2) the work is not performed at a place with the supervision of a | |
| 354 | 1151 | qualified supervisor available. | |
| 355 | 1152 | (f) (g) Any supervised clinical social work experience hours that an | |
| 356 | 1153 | applicant accumulates under this chapter after being licensed as a | |
| 357 | 1154 | social worker under section 1 of this chapter do not expire and may be | |
| 358 | 1155 | used by the applicant to satisfy the supervised clinical social work | |
| 359 | 1156 | experience requirements under this chapter. | |
| 360 | 1157 | (g) (h) Up to fifty percent (50%) one hundred percent (100%) of | |
| 1158 | + | EH 1138—LS 6525/DI 141 28 | |
| 361 | 1159 | the supervised clinical social work experience hours required under | |
| 362 | 1160 | subsection (a) (b) may be accounted for through virtual supervision by | |
| 363 | 1161 | a qualified supervisor described in subsection (a). (b). | |
| 364 | 1162 | (h) (i) After obtaining a temporary permit under section 11.5 of this | |
| 365 | 1163 | chapter, any supervised clinical social work experience hours that an | |
| 366 | 1164 | applicant accumulates under this chapter before the temporary permit | |
| 367 | 1165 | expires may be used by the applicant to satisfy the supervised clinical | |
| 368 | 1166 | social work experience requirements under this chapter during the | |
| 369 | 1167 | following time after the applicant obtained the temporary permit: | |
| 370 | 1168 | (1) For not more than four (4) years. | |
| 371 | - | (2) After the four (4) year period, if approved by the board. | |
| 372 | - | SECTION 16. IC 25-23.6-5-4, AS AMENDED BY P.L.11-2023, | |
| 373 | - | SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 374 | - | JULY 1, 2024]: Sec. 4. (a) As used in this section, "term" refers to | |
| 375 | - | an academic semester, trimester, or quarter. | |
| 376 | - | (b) An individual who satisfies the requirements of section 1 or 2 of | |
| 377 | - | this chapter may take the examination provided by the board. | |
| 1169 | + | (2) After the four (4) year period, if approved by the board.". | |
| 1170 | + | Page 8, between lines 38 and 39, begin a new paragraph and insert: | |
| 1171 | + | "SECTION 17. IC 25-23.6-8-2.7, AS AMENDED BY | |
| 1172 | + | P.L.160-2018, SECTION 3, IS AMENDED TO READ AS FOLLOWS | |
| 1173 | + | [EFFECTIVE JULY 1, 2024]: Sec. 2.7. (a) As used in this section, | |
| 1174 | + | "first available examination" means the first examination after the date | |
| 1175 | + | of: | |
| 1176 | + | (1) graduation; or | |
| 1177 | + | (2) moving into Indiana; | |
| 1178 | + | that has an application deadline that is at least thirty (30) days after the | |
| 1179 | + | date of graduation or the date of moving into Indiana, unless the | |
| 1180 | + | individual chooses to meet a deadline that is less than thirty (30) days | |
| 1181 | + | after either of those events. | |
| 1182 | + | (b) An applicant for a license as a marriage and family therapist | |
| 1183 | + | under section 1 of this chapter must have at least two (2) years of | |
| 1184 | + | postdegree clinical experience, during which at least fifty percent | |
| 1185 | + | (50%) of the applicant's clients were receiving marriage and family | |
| 1186 | + | therapy services. The applicant's clinical experience must include one | |
| 1187 | + | thousand (1,000) hours of postdegree clinical experience and two | |
| 1188 | + | hundred (200) hours of postdegree clinical supervision, of which one | |
| 1189 | + | hundred (100) hours must be individual supervision, under the | |
| 1190 | + | supervision of a licensed marriage and family therapist who has at least | |
| 1191 | + | five (5) years of experience or an equivalent supervisor, as determined | |
| 1192 | + | by the board. | |
| 1193 | + | (c) If an individual applies for, takes, and passes the first available | |
| 1194 | + | examination, the individual may not count more than five hundred | |
| 1195 | + | (500) hours of the postdegree clinical experience that is: | |
| 1196 | + | (1) required under subsection (b); and | |
| 1197 | + | (2) accumulated before taking the examination toward licensure | |
| 1198 | + | as a marriage and family therapist. | |
| 1199 | + | (d) If an individual does not pass the first available examination, the | |
| 1200 | + | individual may: | |
| 1201 | + | EH 1138—LS 6525/DI 141 29 | |
| 1202 | + | (1) retain the hours accumulated before taking the examination; | |
| 1203 | + | (2) continue working; and | |
| 1204 | + | (3) not accumulate any additional hours toward licensure as a | |
| 1205 | + | marriage and family therapist until passing the examination. | |
| 1206 | + | (e) If an individual does not take the first available examination, the | |
| 1207 | + | individual may not begin accumulating any postdegree clinical | |
| 1208 | + | experience hours toward licensure as a marriage and family therapist | |
| 1209 | + | until the individual passes the examination. | |
| 1210 | + | (f) When obtaining the clinical experience required under | |
| 1211 | + | subsection (b), the applicant must provide direct individual, group, and | |
| 1212 | + | family therapy and counseling to the following categories of cases: | |
| 1213 | + | (1) Unmarried couples. romantic relationships and relational | |
| 1214 | + | systems. | |
| 1215 | + | (2) Married couples. | |
| 1216 | + | (3) Separating or divorcing couples. | |
| 1217 | + | (4) Family groups, systems and groupings, including children | |
| 1218 | + | and minors. | |
| 1219 | + | (g) A doctoral internship may be applied toward the supervised | |
| 1220 | + | work experience requirement. | |
| 1221 | + | (h) Except as provided in subsection (i), the experience requirement | |
| 1222 | + | may be met by work performed at or away from the premises of the | |
| 1223 | + | supervising marriage and family therapist. | |
| 1224 | + | (i) Except as provided in subsection (j), the work requirement may | |
| 1225 | + | not be performed away from the supervising marriage and family | |
| 1226 | + | therapist's premises if: | |
| 1227 | + | (1) the work is the independent private practice of marriage and | |
| 1228 | + | family therapy; and | |
| 1229 | + | (2) the work is not performed at a place that has the supervision | |
| 1230 | + | of a licensed marriage and family therapist or an equivalent | |
| 1231 | + | supervisor, as determined by the board. | |
| 1232 | + | (j) Up to fifty percent (50%) one hundred percent (100%) of the | |
| 1233 | + | supervised postdegree clinical experience hours required under | |
| 1234 | + | subsection (b) may be accounted for through virtual supervision by a | |
| 1235 | + | licensed marriage and family therapist or equivalent supervisor | |
| 1236 | + | described in subsection (b). | |
| 1237 | + | SECTION 18. IC 25-23.6-8-3, AS AMENDED BY P.L.10-2019, | |
| 1238 | + | SECTION 112, IS AMENDED TO READ AS FOLLOWS | |
| 1239 | + | [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) As used in this section, | |
| 1240 | + | "term" refers to an academic semester, trimester, or quarter. | |
| 1241 | + | (b) An individual who satisfies the requirements of section 1.5(a)(1) | |
| 1242 | + | through 1.5(a)(4) of this chapter may take the examination provided by | |
| 1243 | + | the board. | |
| 1244 | + | EH 1138—LS 6525/DI 141 30 | |
| 378 | 1245 | (c) An individual who: | |
| 379 | 1246 | (1) is enrolled in the last term of the last year of a program | |
| 380 | - | leading to a degree that meets the requirements of section 1(1) | |
| 381 | - | HEA 1138 — Concur 10 | |
| 382 | - | of this chapter; and | |
| 1247 | + | leading to a degree that meets the requirements of section | |
| 1248 | + | 1.5(a)(1) of this chapter; and | |
| 383 | 1249 | (2) provides a letter of good standing from the director of the | |
| 384 | - | social work department or the director's designee; | |
| 1250 | + | marriage and family therapy department or the director's | |
| 1251 | + | designee; | |
| 385 | 1252 | may take the examination provided by the board for a license as a | |
| 386 | - | ||
| 1253 | + | marriage and family therapist associate. | |
| 387 | 1254 | (d) A letter of good standing provided under subsection (c)(2) by | |
| 388 | - | an individual who applies for a license as a | |
| 389 | - | include the following information: | |
| 1255 | + | an individual who applies for a license as a marriage and family | |
| 1256 | + | therapist associate must include the following information: | |
| 390 | 1257 | (1) The individual's first and last name. | |
| 391 | 1258 | (2) The type of degree and program in which the individual is | |
| 392 | 1259 | enrolled. | |
| 393 | 1260 | (3) A statement confirming that the individual is currently in | |
| 394 | 1261 | the final term of the program. | |
| 395 | 1262 | (4) The anticipated date of completion of the program. | |
| 396 | 1263 | (5) A statement confirming that the individual is in good | |
| 397 | 1264 | academic standing. | |
| 398 | - | SECTION 17. IC 25-23.6-8-1.7, AS ADDED BY P.L.177-2009, | |
| 1265 | + | SECTION 19. IC 25-23.6-8.5-5, AS AMENDED BY P.L.84-2010, | |
| 1266 | + | SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1267 | + | JULY 1, 2024]: Sec. 5. (a) As used in this section, "term" refers to | |
| 1268 | + | an academic semester, trimester, or quarter. | |
| 1269 | + | (b) An individual who satisfies the requirements of: | |
| 1270 | + | (1) section 1 or 1.5 of this chapter; and | |
| 1271 | + | (2) section 2 of this chapter; | |
| 1272 | + | may take the examination provided by the board. | |
| 1273 | + | (c) An individual who: | |
| 1274 | + | (1) is enrolled in the last term of the last year of a program | |
| 1275 | + | leading to a degree that meets the requirements of section | |
| 1276 | + | 1.5(a)(1) of this chapter; and | |
| 1277 | + | (2) provides a letter of good standing from the director of the | |
| 1278 | + | mental health counselor department or the director's | |
| 1279 | + | designee; | |
| 1280 | + | may take the examination provided by the board for a license as a | |
| 1281 | + | mental health counselor associate. | |
| 1282 | + | (d) A letter of good standing provided under subsection (c)(2) by | |
| 1283 | + | an individual who applies for a license as a mental health counselor | |
| 1284 | + | associate must include the following information: | |
| 1285 | + | (1) The individual's first and last name. | |
| 1286 | + | (2) The type of degree and program in which the individual is | |
| 1287 | + | EH 1138—LS 6525/DI 141 31 | |
| 1288 | + | enrolled. | |
| 1289 | + | (3) A statement confirming that the individual is currently in | |
| 1290 | + | the final term of the program. | |
| 1291 | + | (4) The anticipated date of completion of the program. | |
| 1292 | + | (5) A statement confirming that the individual is in good | |
| 1293 | + | academic standing. | |
| 1294 | + | SECTION 20. IC 25-23.6-10.5-9, AS ADDED BY P.L.122-2009, | |
| 1295 | + | SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 1296 | + | JULY 1, 2024]: Sec. 9. (a) As used in this section, "term" refers to | |
| 1297 | + | an academic semester, trimester, or quarter. | |
| 1298 | + | (a) (b) An individual who satisfies the requirements of sections 4, | |
| 1299 | + | 6, and 8 of this chapter may take the licensed clinical addiction | |
| 1300 | + | counselor examination established by the board. | |
| 1301 | + | (b) (c) An individual who satisfies the requirements of sections 3, | |
| 1302 | + | 5, and 7 of this chapter may take the licensed addiction counselor | |
| 1303 | + | examination established by the board. | |
| 1304 | + | (d) An individual who: | |
| 1305 | + | (1) is enrolled in the last term of the last year of a program | |
| 1306 | + | leading to a degree that meets the requirements of section | |
| 1307 | + | 1.5(a)(1) of this chapter; and | |
| 1308 | + | (2) provides a letter of good standing from the director of the | |
| 1309 | + | addiction counselor department or the director's designee; | |
| 1310 | + | may take the examination provided by the board for a license as an | |
| 1311 | + | addiction counselor associate. | |
| 1312 | + | (e) A letter of good standing provided under subsection (d)(2) by | |
| 1313 | + | an individual who applies for a license as an addiction counselor | |
| 1314 | + | associate must include the following information: | |
| 1315 | + | (1) The individual's first and last name. | |
| 1316 | + | (2) The type of degree and program in which the individual is | |
| 1317 | + | enrolled. | |
| 1318 | + | (3) A statement confirming that the individual is currently in | |
| 1319 | + | the final term of the program. | |
| 1320 | + | (4) The anticipated date of completion of the program. | |
| 1321 | + | (5) A statement confirming that the individual is in good | |
| 1322 | + | academic standing.". | |
| 1323 | + | Renumber all SECTIONS consecutively. | |
| 1324 | + | and when so amended that said bill do pass. | |
| 1325 | + | EH 1138—LS 6525/DI 141 32 | |
| 1326 | + | (Reference is to HB 1138 as printed January 25, 2024.) | |
| 1327 | + | ROGERS, Chairperson | |
| 1328 | + | Committee Vote: Yeas 10, Nays 0. | |
| 1329 | + | _____ | |
| 1330 | + | SENATE MOTION | |
| 1331 | + | Madam President: I move that Engrossed House Bill 1138 be | |
| 1332 | + | amended to read as follows: | |
| 1333 | + | Page 10, delete lines 22 through 42. | |
| 1334 | + | Delete page 11. | |
| 1335 | + | Page 12, delete line 1, begin a new paragraph and insert: | |
| 1336 | + | "SECTION 17. IC 25-23.6-8-1.7, AS ADDED BY P.L.177-2009, | |
| 399 | 1337 | SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 400 | 1338 | JULY1, 2024]: Sec. 1.7. An individual who receives a master's degree | |
| 401 | 1339 | and enters a doctoral program may do either of the following: | |
| 402 | 1340 | (1) Apply for a marriage and family therapist associate license | |
| 403 | 1341 | under section 1.5 of this chapter by meeting the requirements of | |
| 404 | 1342 | this chapter. | |
| 405 | 1343 | (2) Elect not to apply for a marriage and family therapist associate | |
| 406 | 1344 | license under section 1.5 of this chapter, accrue the clinical | |
| 407 | 1345 | experience required under section 2.7(b) 2.7(c) of this chapter, | |
| 408 | 1346 | and apply for a marriage and family therapist license at the | |
| 409 | 1347 | conclusion of the doctoral program. | |
| 410 | 1348 | SECTION 18. IC 25-23.6-8-2.7, AS AMENDED BY P.L.160-2018, | |
| 411 | 1349 | SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 412 | 1350 | JULY 1, 2024]: Sec. 2.7. (a) For purposes of this section, "virtual | |
| 413 | 1351 | supervision" means supervision of an applicant for a license as a | |
| 414 | 1352 | marriage and family therapist by a qualified supervisor through an | |
| 415 | 1353 | electronic platform that provides for synchronous visual and audio | |
| 416 | 1354 | interaction in real time, and which is compliant with the federal | |
| 417 | 1355 | Health Insurance Portability and Accountability Act (HIPAA). | |
| 418 | 1356 | Virtual supervision does not include telephone calls, electronic | |
| 419 | 1357 | mail, or text messages. | |
| 420 | 1358 | (a) (b) As used in this section, "first available examination" means | |
| 421 | 1359 | the first examination: | |
| 422 | 1360 | (1) after the date of an individual's: | |
| 423 | 1361 | (1) (A) graduation; or | |
| 424 | - | HEA 1138 — Concur 11 | |
| 425 | 1362 | (2) (B) moving into Indiana; | |
| 1363 | + | EH 1138—LS 6525/DI 141 33 | |
| 426 | 1364 | that has an application deadline that is at least thirty (30) days | |
| 427 | 1365 | after the date of graduation or the date of moving into Indiana, | |
| 428 | 1366 | unless the individual chooses to meet a deadline that is less than | |
| 429 | 1367 | thirty (30) days after either of those events; or | |
| 430 | - | (2) during the individual's last academic semester, | |
| 431 | - | or quarter, if the individual is eligible to take the | |
| 432 | - | pursuant to section 3 of this chapter. | |
| 1368 | + | (2) during the individual's last academic SEMESTER, | |
| 1369 | + | trimester, or quarter, if the individual is eligible to take the | |
| 1370 | + | exam pursuant to section 3 of this chapter. | |
| 433 | 1371 | (b) (c) An applicant for a license as a marriage and family therapist | |
| 434 | 1372 | under section 1 of this chapter must have at least two (2) years of | |
| 435 | 1373 | postdegree clinical experience, during which at least fifty percent | |
| 436 | 1374 | (50%) of the applicant's clients were receiving marriage and family | |
| 437 | 1375 | therapy services. The applicant's clinical experience must include one | |
| 438 | 1376 | thousand (1,000) hours of postdegree clinical experience and two | |
| 439 | 1377 | hundred (200) hours of postdegree clinical supervision, of which one | |
| 440 | 1378 | hundred (100) hours must be individual supervision, under the | |
| 441 | 1379 | supervision of a licensed marriage and family therapist who has at least | |
| 442 | 1380 | five (5) years of experience or an equivalent supervisor, as determined | |
| 443 | 1381 | by the board. | |
| 444 | 1382 | (c) (d) If an individual applies for, takes, and passes the first | |
| 445 | 1383 | available examination, the individual may not count more than five | |
| 446 | 1384 | hundred (500) hours of the postdegree clinical experience that is: | |
| 447 | 1385 | (1) required under subsection (b); (c); and | |
| 448 | 1386 | (2) accumulated before taking the examination toward licensure | |
| 449 | 1387 | as a marriage and family therapist. | |
| 450 | 1388 | (d) (e) If an individual does not pass the first available examination, | |
| 451 | 1389 | the individual may: | |
| 452 | 1390 | (1) retain the hours accumulated before taking the examination; | |
| 453 | 1391 | (2) continue working; and | |
| 454 | 1392 | (3) not accumulate any additional hours toward licensure as a | |
| 455 | 1393 | marriage and family therapist until passing the examination. | |
| 456 | 1394 | (e) (f) If an individual does not take the first available examination, | |
| 457 | 1395 | the individual may not begin accumulating any postdegree clinical | |
| 458 | 1396 | experience hours toward licensure as a marriage and family therapist | |
| 459 | 1397 | until the individual passes the examination. | |
| 460 | 1398 | (f) (g) When obtaining the clinical experience required under | |
| 461 | 1399 | subsection (b), (c), the applicant must provide direct individual, group, | |
| 462 | 1400 | and family therapy and counseling to the following categories of cases: | |
| 463 | 1401 | (1) Unmarried couples. romantic relationships and relational | |
| 464 | 1402 | systems. | |
| 465 | 1403 | (2) Married couples. | |
| 466 | 1404 | (3) Separating or divorcing couples. | |
| 467 | - | HEA 1138 — Concur 12 | |
| 468 | 1405 | (4) Family groups, systems and groupings, including children | |
| 1406 | + | EH 1138—LS 6525/DI 141 34 | |
| 469 | 1407 | and minors. | |
| 470 | 1408 | (g) (h) A doctoral internship may be applied toward the supervised | |
| 471 | 1409 | work experience requirement. | |
| 472 | 1410 | (h) (i) Except as provided in subsection (i), (j), the experience | |
| 473 | 1411 | requirement may be met by work performed at or away from the | |
| 474 | 1412 | premises of the supervising marriage and family therapist. | |
| 475 | 1413 | (i) (j) Except as provided in subsection (j), (k), the work | |
| 476 | 1414 | requirement may not be performed away from the supervising marriage | |
| 477 | 1415 | and family therapist's premises if: | |
| 478 | 1416 | (1) the work is the independent private practice of marriage and | |
| 479 | 1417 | family therapy; and | |
| 480 | 1418 | (2) the work is not performed at a place that has the supervision | |
| 481 | 1419 | of a licensed marriage and family therapist or an equivalent | |
| 482 | 1420 | supervisor, as determined by the board. | |
| 483 | 1421 | (j) (k) Up to fifty percent (50%) one hundred percent (100%) of | |
| 484 | 1422 | the supervised postdegree clinical experience hours required under | |
| 485 | 1423 | subsection (b) (c) may be accounted for through virtual supervision by | |
| 486 | 1424 | a licensed marriage and family therapist or equivalent supervisor | |
| 487 | - | described in subsection (b). (c). | |
| 488 | - | SECTION 19. IC 25-23.6-8-3, AS AMENDED BY P.L.10-2019, | |
| 489 | - | SECTION 112, IS AMENDED TO READ AS FOLLOWS | |
| 490 | - | [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) As used in this section, | |
| 491 | - | "term" refers to an academic semester, trimester, or quarter. | |
| 492 | - | (b) An individual who satisfies the requirements of section 1.5(a)(1) | |
| 493 | - | through 1.5(a)(4) of this chapter may take the examination provided by | |
| 494 | - | the board. | |
| 495 | - | (c) An individual who: | |
| 496 | - | (1) is enrolled in the last term of the last year of a program | |
| 497 | - | leading to a degree that meets the requirements of section | |
| 498 | - | 1.5(a)(1) of this chapter; and | |
| 499 | - | (2) provides a letter of good standing from the director of the | |
| 500 | - | marriage and family therapy department or the director's | |
| 501 | - | designee; | |
| 502 | - | may take the examination provided by the board for a license as a | |
| 503 | - | marriage and family therapist associate. | |
| 504 | - | (d) A letter of good standing provided under subsection (c)(2) by | |
| 505 | - | an individual who applies for a license as a marriage and family | |
| 506 | - | therapist associate must include the following information: | |
| 507 | - | (1) The individual's first and last name. | |
| 508 | - | (2) The type of degree and program in which the individual is | |
| 509 | - | enrolled. | |
| 510 | - | HEA 1138 — Concur 13 | |
| 511 | - | (3) A statement confirming that the individual is currently in | |
| 512 | - | the final term of the program. | |
| 513 | - | (4) The anticipated date of completion of the program. | |
| 514 | - | (5) A statement confirming that the individual is in good | |
| 515 | - | academic standing. | |
| 516 | - | SECTION 20. IC 25-23.6-8.5-4, AS AMENDED BY P.L.160-2018, | |
| 517 | - | SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 518 | - | JULY 1, 2024]: Sec. 4. (a) For purposes of this section, "virtual | |
| 519 | - | supervision" means supervision of an applicant for a license as a | |
| 520 | - | mental health counselor by a qualified supervisor through an | |
| 521 | - | electronic platform that provides for synchronous visual and audio | |
| 522 | - | interaction in real time, and which is compliant with the federal | |
| 523 | - | Health Insurance Portability and Accountability Act (HIPAA). | |
| 524 | - | Virtual supervision does not include telephone calls, electronic | |
| 525 | - | mail, or text messages. | |
| 1425 | + | described in subsection (b). (c).". | |
| 1426 | + | Page 12, between lines 28 and 29, begin a new paragraph and insert: | |
| 1427 | + | "SECTION 20. IC 25-23.6-8.5-4, AS AMENDED BY | |
| 1428 | + | P.L.160-2018, SECTION 5, IS AMENDED TO READ AS FOLLOWS | |
| 1429 | + | [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) For purposes of this section, | |
| 1430 | + | "virtual supervision" means supervision of an applicant for a | |
| 1431 | + | license as a mental health counselor by a qualified supervisor | |
| 1432 | + | through an electronic platform that provides for synchronous | |
| 1433 | + | visual and audio interaction in real time, and which is compliant | |
| 1434 | + | with the federal Health Insurance Portability and Accountability | |
| 1435 | + | Act (HIPAA). Virtual supervision does not include telephone calls, | |
| 1436 | + | electronic mail, or text messages. | |
| 526 | 1437 | (a) (b) As used in this section, "first available examination" means | |
| 527 | 1438 | the first examination: | |
| 528 | 1439 | (1) after the date of an individual's: | |
| 529 | 1440 | (1) (A) graduation; or | |
| 530 | 1441 | (2) (B) moving into Indiana; | |
| 531 | 1442 | that has an application deadline that is at least thirty (30) days | |
| 532 | 1443 | after the date of graduation or the date of moving into Indiana, | |
| 533 | 1444 | unless the individual chooses to meet a deadline that is less than | |
| 534 | 1445 | thirty (30) days after either of those events; or | |
| 535 | 1446 | (2) during the individual's last academic semester, trimester, | |
| 536 | 1447 | or quarter, if the individual is eligible to take the exam | |
| 537 | 1448 | pursuant to section 5 of this chapter. | |
| 1449 | + | EH 1138—LS 6525/DI 141 35 | |
| 538 | 1450 | (b) (c) The applicant must have at least three thousand (3,000) hours | |
| 539 | 1451 | of post-graduate clinical experience over a two (2) year period. The | |
| 540 | 1452 | clinical experience must consist of one hundred (100) hours of | |
| 541 | 1453 | supervision under the supervision of a licensed mental health counselor | |
| 542 | 1454 | or an equivalent supervisor, as determined by the board. | |
| 543 | 1455 | (c) (d) A doctoral internship may be applied toward the supervised | |
| 544 | 1456 | work experience requirement. | |
| 545 | 1457 | (d) (e) Except as provided in subsection (e), (f), the clinical | |
| 546 | 1458 | experience requirement may be met by work performed at or away | |
| 547 | 1459 | from the premises of the supervising mental health counselor. | |
| 548 | 1460 | (e) (f) Except as provided in subsection (i), (j), the clinical work | |
| 549 | 1461 | requirement may not be performed away from the supervising mental | |
| 550 | 1462 | health counselor's premises if: | |
| 551 | 1463 | (1) the work is the independent private practice of mental health | |
| 552 | 1464 | counseling; and | |
| 553 | - | HEA 1138 — Concur 14 | |
| 554 | 1465 | (2) the work is not performed at a place that has the supervision | |
| 555 | 1466 | of a licensed mental health counselor or an equivalent supervisor, | |
| 556 | 1467 | as determined by the board. | |
| 557 | 1468 | (f) (g) If an individual applies for, takes, and passes the first | |
| 558 | 1469 | available examination, the individual may not count more than one | |
| 559 | 1470 | thousand five hundred (1,500) hours of the postdegree clinical | |
| 560 | 1471 | experience that is: | |
| 561 | 1472 | (1) required under subsection (b); (c); and | |
| 562 | 1473 | (2) accumulated before taking the examination toward licensure | |
| 563 | 1474 | as a mental health counselor. | |
| 564 | 1475 | (g) (h) If an individual does not pass the first available examination, | |
| 565 | 1476 | the individual may: | |
| 566 | 1477 | (1) retain the hours accumulated before taking the examination; | |
| 567 | 1478 | (2) continue working; and | |
| 568 | 1479 | (3) not accumulate any additional hours toward licensure as a | |
| 569 | 1480 | mental health counselor until passing the examination. | |
| 570 | 1481 | (h) (i) If an individual does not take the first available examination, | |
| 571 | 1482 | the individual may not begin accumulating any postdegree clinical | |
| 572 | 1483 | experience hours toward licensure as a mental health counselor until | |
| 573 | 1484 | the individual passes the examination. | |
| 574 | 1485 | (i) (j) Up to fifty percent (50%) one hundred percent (100%) of | |
| 575 | 1486 | the supervised post-graduate clinical experience hours required under | |
| 576 | 1487 | subsection (b) (c) may be accounted for through virtual supervision by | |
| 577 | 1488 | a licensed mental health counselor or equivalent supervisor described | |
| 578 | - | in subsection (b). (c). | |
| 579 | - | SECTION 21. IC 25-23.6-8.5-5, AS AMENDED BY P.L.84-2010, | |
| 580 | - | SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 581 | - | JULY 1, 2024]: Sec. 5. (a) As used in this section, "term" refers to | |
| 582 | - | an academic semester, trimester, or quarter. | |
| 583 | - | (b) An individual who satisfies the requirements of: | |
| 584 | - | (1) section 1 or 1.5 of this chapter; and | |
| 585 | - | (2) section 2 of this chapter; | |
| 586 | - | may take the examination provided by the board. | |
| 587 | - | (c) An individual who: | |
| 588 | - | (1) is enrolled in the last term of the last year of a program | |
| 589 | - | leading to a degree that meets the requirements of section | |
| 590 | - | 1.5(a)(1) of this chapter; and | |
| 591 | - | (2) provides a letter of good standing from the director of the | |
| 592 | - | mental health counselor department or the director's | |
| 593 | - | designee; | |
| 594 | - | may take the examination provided by the board for a license as a | |
| 595 | - | mental health counselor associate. | |
| 596 | - | HEA 1138 — Concur 15 | |
| 597 | - | (d) A letter of good standing provided under subsection (c)(2) by | |
| 598 | - | an individual who applies for a license as a mental health counselor | |
| 599 | - | associate must include the following information: | |
| 600 | - | (1) The individual's first and last name. | |
| 601 | - | (2) The type of degree and program in which the individual is | |
| 602 | - | enrolled. | |
| 603 | - | (3) A statement confirming that the individual is currently in | |
| 604 | - | the final term of the program. | |
| 605 | - | (4) The anticipated date of completion of the program. | |
| 606 | - | (5) A statement confirming that the individual is in good | |
| 607 | - | academic standing. | |
| 608 | - | SECTION 22. IC 25-23.6-10.5-7, AS AMENDED BY | |
| 1489 | + | in subsection (b). (c).". | |
| 1490 | + | Page 13, delete lines 15 through 42. | |
| 1491 | + | Page 14, delete line 1, begin a new paragraph and insert: | |
| 1492 | + | EH 1138—LS 6525/DI 141 36 | |
| 1493 | + | "SECTION 22. IC 25-23.6-10.5-7, AS AMENDED BY | |
| 609 | 1494 | P.L.207-2021, SECTION 28, IS AMENDED TO READ AS | |
| 610 | 1495 | FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) For purposes of | |
| 611 | 1496 | this section, "virtual supervision" means supervision of an | |
| 612 | 1497 | applicant for a license as an addiction counselor by a qualified | |
| 613 | 1498 | supervisor through an electronic platform that provides for | |
| 614 | 1499 | synchronous visual and audio interaction in real time, and which | |
| 615 | 1500 | is compliant with the federal Health Insurance Portability and | |
| 616 | 1501 | Accountability Act (HIPAA). Virtual supervision does not include | |
| 617 | 1502 | telephone calls, electronic mail, or text messages. | |
| 618 | 1503 | (a) (b) An applicant under section 1 of this chapter must have at | |
| 619 | 1504 | least two (2) years of addiction counseling experience that must include | |
| 620 | 1505 | at least one hundred fifty (150) hours under supervision, one hundred | |
| 621 | 1506 | (100) hours of which must be under individual supervision and fifty | |
| 622 | 1507 | (50) hours of which must be under group supervision. The supervision | |
| 623 | 1508 | required must be provided by a qualified supervisor, as determined by | |
| 624 | 1509 | the board. | |
| 625 | 1510 | (b) (c) A doctoral internship, or a supervised master's level | |
| 626 | 1511 | practicum, an internship, or field experience in addiction counseling, | |
| 627 | 1512 | may be applied toward the supervised work experience requirement. | |
| 628 | 1513 | (c) (d) Except as provided in subsection (d), (e), the experience | |
| 629 | 1514 | requirement may be met by work performed at or away from the | |
| 630 | 1515 | premises of the qualified supervisor. | |
| 631 | 1516 | (d) (e) Except as provided in subsection (e), (f), the work | |
| 632 | 1517 | requirement may not be performed away from the qualified supervisor's | |
| 633 | 1518 | premises if: | |
| 634 | 1519 | (1) the work is the independent private practice of addiction | |
| 635 | 1520 | counseling; and | |
| 636 | 1521 | (2) the work is not performed at a place that has the supervision | |
| 637 | 1522 | of a qualified supervisor. | |
| 638 | 1523 | (e) (f) Up to fifty percent (50%) one hundred percent (100%) of | |
| 639 | - | HEA 1138 — Concur 16 | |
| 640 | 1524 | the supervised addiction counseling experience hours required under | |
| 641 | 1525 | subsection (a) (b) may be accounted for through virtual supervision by | |
| 642 | 1526 | a qualified supervisor described in subsection (a). (b). | |
| 643 | 1527 | SECTION 23. IC 25-23.6-10.5-8, AS AMENDED BY | |
| 644 | 1528 | P.L.207-2021, SECTION 29, IS AMENDED TO READ AS | |
| 645 | 1529 | FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) For purposes of | |
| 646 | 1530 | this section, "virtual supervision" means supervision of an | |
| 647 | 1531 | applicant for a license as a clinical addiction counselor by a | |
| 648 | 1532 | qualified supervisor through an electronic platform that provides | |
| 649 | 1533 | for synchronous visual and audio interaction in real time, and | |
| 650 | 1534 | which is compliant with the federal Health Insurance Portability | |
| 1535 | + | EH 1138—LS 6525/DI 141 37 | |
| 651 | 1536 | and Accountability Act (HIPAA). Virtual supervision does not | |
| 652 | 1537 | include telephone calls, electronic mail, or text messages. | |
| 653 | 1538 | (a) (b) An applicant under section 2 of this chapter must have at | |
| 654 | 1539 | least two (2) years of clinical addiction counseling experience that must | |
| 655 | 1540 | include at least two hundred (200) hours under supervision, one | |
| 656 | 1541 | hundred (100) hours of which must be under individual supervision | |
| 657 | 1542 | and up to one hundred (100) hours of which may be under group | |
| 658 | 1543 | supervision. The supervision required must be provided by a qualified | |
| 659 | 1544 | supervisor, as determined by the board. | |
| 660 | 1545 | (b) (c) A doctoral internship may be applied toward the supervised | |
| 661 | 1546 | work experience requirement. | |
| 662 | 1547 | (c) (d) Except as provided in subsection (d), (e), the experience | |
| 663 | 1548 | requirement may be met by work performed at or away from the | |
| 664 | 1549 | premises of the qualified supervisor. | |
| 665 | 1550 | (d) (e) The work requirement may not be performed away from the | |
| 666 | 1551 | qualified supervisor's premises if: | |
| 667 | 1552 | (1) the work is the independent private practice of addiction | |
| 668 | 1553 | therapy; and | |
| 669 | 1554 | (2) the work is not performed at a place that has the supervision | |
| 670 | 1555 | of a qualified supervisor. | |
| 671 | 1556 | (f) Up to one hundred percent (100%) of the supervised clinical | |
| 672 | 1557 | addiction counseling experience hours required under subsection | |
| 673 | 1558 | (b) may be accounted for through virtual supervision by a qualified | |
| 674 | 1559 | supervisor described in subsection (b). | |
| 675 | 1560 | SECTION 24. IC 25-23.6-10.5-9, AS ADDED BY P.L.122-2009, | |
| 676 | 1561 | SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 677 | 1562 | JULY 1, 2024]: Sec. 9. (a) As used in this section, "term" refers to | |
| 678 | 1563 | an academic semester, trimester, or quarter. | |
| 679 | 1564 | (a) (b) An individual who satisfies the requirements of sections 4, | |
| 680 | 1565 | 6, and 8 of this chapter may take the licensed clinical addiction | |
| 681 | 1566 | counselor examination established by the board. | |
| 682 | - | HEA 1138 — Concur 17 | |
| 683 | 1567 | (b) (c) An individual who satisfies the requirements of sections 3, | |
| 684 | 1568 | 5, and 7 of this chapter may take the licensed addiction counselor | |
| 685 | 1569 | examination established by the board. | |
| 686 | 1570 | (d) An individual who: | |
| 687 | 1571 | (1) is enrolled in the last term of the last year of a program | |
| 688 | 1572 | leading to a degree that meets the requirements of section | |
| 689 | 1573 | 1.5(a)(1) of this chapter; and | |
| 690 | 1574 | (2) provides a letter of good standing from the director of the | |
| 691 | 1575 | addiction counselor department or the director's designee; | |
| 692 | 1576 | may take the examination provided by the board for a license as an | |
| 693 | 1577 | addiction counselor associate. | |
| 1578 | + | EH 1138—LS 6525/DI 141 38 | |
| 694 | 1579 | (e) An individual who: | |
| 695 | 1580 | (1) is enrolled in the last term of the last year of a program | |
| 696 | 1581 | leading to a degree that meets the requirements of section | |
| 697 | 1582 | 2.5(1) of this chapter; and | |
| 698 | 1583 | (2) provides a letter of good standing from the director of the | |
| 699 | 1584 | addiction counselor department or the director's designee; | |
| 700 | 1585 | may take the examination provided by the board for a license as a | |
| 701 | 1586 | clinical addiction counselor associate. | |
| 702 | 1587 | (f) A letter of good standing provided under subsection (d)(2) or | |
| 703 | 1588 | (e)(2) by an individual who applies for a license as an addiction | |
| 704 | 1589 | counselor associate or clinical addiction counselor associate must | |
| 705 | 1590 | include the following information: | |
| 706 | 1591 | (1) The individual's first and last name. | |
| 707 | 1592 | (2) The type of degree and program in which the individual is | |
| 708 | 1593 | enrolled. | |
| 709 | 1594 | (3) A statement confirming that the individual is currently in | |
| 710 | 1595 | the final term of the program. | |
| 711 | 1596 | (4) The anticipated date of completion of the program. | |
| 712 | 1597 | (5) A statement confirming that the individual is in good | |
| 713 | - | academic standing. | |
| 714 | - | SECTION 25. IC 34-30-2.1-366, AS ADDED BY P.L.105-2022, | |
| 715 | - | SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
| 716 | - | JULY 1, 2024]: Sec. 366. IC 25-2.1-9-5 (Concerning immunity of an | |
| 717 | - | entity administering a quality review (before July 1, 2012) or peer | |
| 718 | - | review (after June 30, 2012) program and members of a quality review | |
| 719 | - | committee (before July 1, 2012) or peer review committee). (after June | |
| 720 | - | 30, 2012)). | |
| 721 | - | SECTION 26. IC 34-46-2-17, AS AMENDED BY P.L.197-2011, | |
| 722 | - | SECTION 126, IS AMENDED TO READ AS FOLLOWS | |
| 723 | - | [EFFECTIVE JULY 1, 2024]: Sec. 17. IC 25-2.1-5-8 (Concerning | |
| 724 | - | proceedings, records, and work papers of a quality review committee | |
| 725 | - | HEA 1138 — Concur 18 | |
| 726 | - | that conducts a quality review of an accounting firm before July 1, | |
| 727 | - | 2012, or a peer review committee that conducts a peer review of an | |
| 728 | - | accounting firm). after June 30, 2012). | |
| 729 | - | HEA 1138 — Concur Speaker of the House of Representatives | |
| 730 | - | President of the Senate | |
| 731 | - | President Pro Tempore | |
| 732 | - | Governor of the State of Indiana | |
| 733 | - | Date: Time: | |
| 734 | - | HEA 1138 — Concur | |
| 1598 | + | academic standing.". | |
| 1599 | + | Renumber all SECTIONS consecutively. | |
| 1600 | + | (Reference is to EHB 1138 as printed February 16, 2024.) | |
| 1601 | + | ZAY | |
| 1602 | + | EH 1138—LS 6525/DI 141 |