Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1138
AN ACT to amend the Indiana Code concerning professions and
occupations.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 25-1-11-12, AS AMENDED BY P.L.197-2011,
SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 12. (a) The board may impose any of the
following sanctions, singly or in combination, if the board finds that a
practitioner is subject to disciplinary sanctions under sections 5
through 9 of this chapter:
(1) Permanently revoke a practitioner's license.
(2) Suspend a practitioner's license.
(3) Censure a practitioner.
(4) Issue a letter of reprimand.
(5) Place a practitioner on probation status and require the
practitioner to:
(A) report regularly to the board upon the matters that are the
basis of probation;
(B) limit practice to those areas prescribed by the board;
(C) continue or renew professional education approved by the
board until a satisfactory degree of skill has been attained in
those areas that are the basis of the probation;
(D) perform or refrain from performing any acts, including
community restitution or service without compensation, that
the board considers appropriate to the public interest or to the
rehabilitation or treatment of the practitioner; or
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(E) satisfactorily complete a quality review (before July 1,
2012) or peer review (after June 30, 2012) specified by the
board as a condition for termination of probationary status if
the practitioner is a licensee (as defined in IC 25-2.1-1-8).
(6) Assess a civil penalty against the practitioner for not more
than one thousand dollars ($1,000) for each violation listed in
sections 5 through 9 of this chapter except for a finding of
incompetency due to a physical or mental disability.
(7) Order a practitioner to pay consumer restitution to a person
who suffered damages as a result of the conduct or omission that
was the basis for the disciplinary sanctions under this chapter.
(b) When imposing a civil penalty under subsection (a)(6), the board
shall consider a practitioner's ability to pay the amount assessed. If the
practitioner fails to pay the civil penalty within the time specified by
the board, the board may suspend the practitioner's license without
additional proceedings. However, a suspension may not be imposed if
the sole basis for the suspension is the practitioner's inability to pay a
civil penalty.
(c) The board may withdraw or modify the probation under
subsection (a)(5) if the board finds after a hearing that the deficiency
that required disciplinary action has been remedied or that changed
circumstances warrant a modification of the order.
SECTION 2. IC 25-2.1-1-6.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6.3. "Compilation"
means providing a service of any compilation engagement to be
performed in accordance with AICPA Statements on Standards for
Accounting and Review Services (SSARS). or other similar standards
adopted by reference under IC 25-2.1-2-15 that is presenting, in the
form of financial statements, information that is the representation of
the management or owners without undertaking to express any
assurance on the statements.
SECTION 3. IC 25-2.1-1-8.7, AS ADDED BY P.L.197-2011,
SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 8.7. (a) "Peer review" means a study, an appraisal,
or a review of at least one (1) aspect of the professional work of:
(1) an individual who; or
(2) a firm in the practice of accountancy that;
attests or issues compilation reports, by at least one (1) individual who
holds a certificate from any state and possesses qualifications that meet
the applicable substantial equivalency standards and who is
independent of the individual or firm being reviewed. The term
includes any part of a quality review conducted before July 1, 2012,
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that becomes part of a peer review conducted or peer review report
issued after June 30, 2012.
(b) After June 30, 2012, any reference in any law, rule, or other
document to "quality review" as that term was applied under this article
before July 1, 2012, shall be treated as a reference to peer review.
SECTION 4. IC 25-2.1-2-15, AS AMENDED BY P.L.197-2011,
SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 15. The board may adopt rules under IC 4-22-2
governing the administration and enforcement of this article and the
conduct of licensees, including the following:
(1) The board's meetings and conduct of business.
(2) The procedure of investigations and hearings.
(3) The educational and experience qualifications required for the
issuance of certificates under this article and the continuing
professional education required for renewal of certificates under
IC 25-2.1-4.
(4) Rules of professional conduct directed to controlling the
quality and probity of the practice of accountancy by licensees,
including independence, integrity, and objectivity, competence
and technical standards, and responsibilities to the public and
clients.
(5) The actions and circumstances that constitute professing to be
a licensee in connection with the practice of accountancy.
(6) The manner and circumstances of use of the title "certified
public accountant" and the abbreviation "CPA".
(7) Quality reviews (before July 1, 2012) or Peer reviews (after
June 30, 2012) that may be required to be performed under this
article.
(8) Methods of applying for and conducting the examinations,
including methods for grading examinations and determining a
passing grade required of an applicant for a certificate. However,
the board shall to the extent possible provide that the
examination, grading of the examination, and the passing grades
are uniform with those applicable in other states.
(9) Substantial equivalency.
(10) Administration of the accountant investigative fund
established by IC 25-2.1-8-4.
SECTION 5. IC 25-2.1-5-8, AS AMENDED BY P.L.168-2016,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 8. (a) The board shall adopt rules that require as
a condition to renew a permit under this chapter, that an applicant
undergo, not more than once every three (3) years, a peer review
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conducted in a manner the board specifies.
(b) The rules adopted under subsection (a) must:
(1) be adopted reasonably in advance of the time when a peer
review first becomes effective;
(2) include reasonable provision for compliance by an applicant
showing that the applicant has in the preceding three (3) years
undergone a peer review that is a satisfactory equivalent to the
peer review required under this section;
(3) require the firm to submit a copy of allow the administering
entity to provide access to the results of its most recently
accepted peer review and other objective information specified
by the rules to the board; either directly or through the
administering entity;
(4) require, with respect to peer reviews under subdivision (2),
that the peer review be subject to review by an oversight body
committee established or sanctioned by the board that shall:
(A) comply with IC 25-2.1-9-4; and
(B) periodically report to the board on the effectiveness of the
review program and provide to the board a listing of firms that
have participated in a peer review program; and
(5) subject to section 9 of this chapter and IC 25-2.1-9-4, require,
with respect to peer reviews under subdivision (2), that:
(A) the proceedings, records, and work papers of a review
committee are privileged and are not subject to discovery,
subpoena, or other means of legal process or introduction into
evidence in a civil action, arbitration, administrative
proceeding, or Indiana board of accountancy proceeding; and
(B) a member of the review committee or individual who was
involved in the peer review process is not permitted or
required to testify in a civil action, arbitration, administrative
proceeding, or board proceeding to matters:
(i) produced, presented, disclosed or discussed during, or in
connection with, the peer review process; or
(ii) that involve findings, recommendations, evaluations,
opinions, or other actions of the committee or a committee
member.
SECTION 6. IC 25-2.1-8-2, AS AMENDED BY P.L.197-2011,
SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. In place of or in addition to any remedy
specifically provided in IC 25-1-11, the board may require the
following of a licensee:
(1) To undergo a quality review (before July 1, 2012) or a peer
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review. (after June 30, 2012).
(2) To satisfactorily complete continuing professional education
programs.
SECTION 7. IC 25-2.1-9-4, AS ADDED BY P.L.197-2011,
SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. (a) This section applies to a licensee that
receives a peer review rating of fail on a peer review report issued after
June 30, 2012, for a peer review conducted under IC 25-2.1-5-8.
(b) The following definitions apply throughout this section:
(1) "Administering entity" refers to the oversight body established
or sanctioned by the board to conduct a peer review program.
(2) "Director" refers to the director of the division of consumer
protection in the office of the attorney general.
(3) "Oversight committee" refers to a committee of licensees who
are not board members that is designated by the board to receive
a report. the results of a peer review.
(4) "Report" refers to a peer review report described in subsection
(a), including any description of the deficiencies on which the
peer review rating of fail is based.
(c) The board shall provide the director with the name and contact
information for the administering entity.
(d) Not more than thirty (30) days after the issuance of a report, the
administering entity shall make the report available to the oversight
committee. The oversight committee may forward the report results of
a peer review to the director. Receipt of the report shall results may
be treated under IC 25-1-7-4, IC 25-1-7-5, and IC 25-1-7-6 as a
complaint submitted by the board. If, after conducting an investigation,
the director believes that a licensee should be subjected to disciplinary
sanctions by the board, the director shall report the director's
determination to the attorney general. Upon receiving the director's
report, the attorney general may prosecute the matter, on behalf of the
state of Indiana, before the board. IC 25-1-7-7(b) does not apply to a
determination related to a complaint filed under this section.
(e) The administering entity and the peer review committee issuing
a report shall cooperate with an investigation under IC 25-1-7 of a
complaint filed under this section. and with any resulting proceeding,
including compliance with any request for access to or production of
the proceedings, records, and work papers of the review committee by
the director, the office of the attorney general, or a party to any
proceeding initiated as a result of the filing of a complaint under this
section. However, all complaints and information pertaining to a
complaint are confidential until the attorney general files notice with
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the board of the attorney general's intent to prosecute a licensee under
IC 25-1-7-7. Any meeting of the board, the oversight committee, or a
designee of the board or oversight committee that is required in an
investigation conducted before the attorney general files notice of
intent to prosecute shall be conducted as an executive session under
IC 5-14-1.5-6.1.
SECTION 8. IC 25-2.1-9-5, AS ADDED BY P.L.197-2011,
SECTION 84, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 5. An:
(1) entity administering a quality review program before July 1,
2012, or a peer review program; after June 30, 2012;
(2) officer, member, or employee of an entity administering a
quality review program before July 1, 2012, or a peer review
program; after June 30, 2012;
(3) employee or member of a quality review committee before
July 1, 2012, or a peer review committee; after June 30, 2012; and
(4) entity in which or for which a member of a quality review
committee (before July 1, 2012) or peer review committee (after
June 30, 2012) is a sole proprietor, a partner, a shareholder, a
member, or an employee;
is immune from civil liability that would otherwise arise from
communications, supervision, findings, recommendations, evaluations,
reports, opinions, or other actions taken or omissions occurring in good
faith in the course and scope of the duties of a quality review
administering entity (before July 1, 2012) or peer review administering
entity (after June 30, 2012) or a quality review committee (before July
1, 2012) or peer review committee (after June 30, 2012) that arise
under this article, including the rules adopted by the board. The
immunity granted under this section includes immunity for an act or
omission related to any part of a quality review conducted under this
article before July 1, 2012, that becomes part of a peer review
conducted or peer review report issued after June 30, 2012.
SECTION 9. IC 25-2.1-11-2, AS AMENDED BY P.L.197-2011,
SECTION 85, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. Before reinstating a suspended certificate or
permit under IC 25-1-11-14, the board may require the applicant to
show successful completion of specified continuing professional
education or other actions, and the board may make the reinstatement
of a certificate or permit conditional on satisfactory completion of a
quality review (before July 1, 2012) or peer review (after June 30,
2012) specified by the board.
SECTION 10. IC 25-2.1-14-2, AS AMENDED BY P.L.197-2011,
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SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. The information derived from or as the result
of professional services is confidential and privileged. However, this
section does not prohibit a certified public accountant, a public
accountant, or an accounting practitioner from disclosing any data
required to be disclosed by the standards of the profession:
(1) in rendering an opinion on the presentation of financial
statements;
(2) in ethical investigations conducted by private professional
organizations;
(3) in the course of quality reviews (before July 1, 2012) or peer
reviews (after June 30, 2012) or an investigation or proceeding
related to a quality review (before July 1, 2012) or peer review;
(after June 30, 2012); or
(4) in making disclosure where the financial statements or the
professional services of an accountant are contested.
SECTION 11. IC 25-2.1-14-5, AS AMENDED BY P.L.197-2011,
SECTION 88, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 5. (a) This chapter does not prohibit a temporary
transfer of work papers or other material necessary to carry out quality
reviews (before July 1, 2012) or peer reviews, (after June 30, 2012),
conduct an investigation or proceeding related to a quality review
(before July 1, 2012) or peer review, (after June 30, 2012), or comply
with the disclosure of information under this chapter.
(b) A licensee is not required to keep any work paper beyond the
period prescribed in any applicable statute.
SECTION 12. IC 25-4-1-18.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 18.5. (a) An individual who has
graduated from a school or college of architecture accredited by
the National Architectural Accrediting Board, Inc., or its successor
may profess to be an "architectural graduate" and use the term to
describe the individual.
(b) An individual currently enrolled in, but not yet graduated
from, a school or college of architecture accredited by the National
Architectural Accrediting Board, Inc., or its successor may profess
to be an "architectural intern" and use the term to describe the
individual.
SECTION 13. IC 25-4-2-10.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 10.5. (a) An individual who has
graduated from an accredited curriculum of landscape
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architecture presented by a college or school approved by the
board may profess to be a "landscape architectural graduate" and
use the term to describe the individual.
(b) An individual currently enrolled in, but not yet graduated
from, an accredited curriculum of landscape architecture
presented by a college or school approved by the board may
profess to be a "landscape architectural intern" and use the term
to describe the individual.
SECTION 14. IC 25-17.6-5-5, AS ADDED BY P.L.108-2022,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 5. (a) Before July 1, 2024, the board shall adopt
rules in accordance with IC 25-1-4 to:
(1) require a licensed professional geologist to obtain continuing
education in geological sciences as a condition of license renewal;
and
(2) set forth the conditions, requirements, and implementation of
the continuing education program.
(b) The continuing education requirements adopted under this
section must allow a licensed professional geologist to receive full
credit for continuing education courses completed in a state other than
Indiana.
(c) The continuing education requirements adopted under this
section do not apply to a licensed professional geologist until after the
first full license renewal cycle beginning one (1) year after final
adoption of the rules under this section. In order to renew a license
after June 30, 2025, a professional geologist must comply with the
continuing education requirements adopted under this section.
(d) The continuing education requirements adopted under this
section do not apply to a person who is not licensed under this article.
SECTION 15. IC 25-23.6-5-3.5, AS AMENDED BY
P.L.215-2018(ss), SECTION 12, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3.5. (a) For purposes
of this section, "virtual supervision" means supervision of an
applicant for a license as a clinical social worker by a qualified
supervisor through an electronic platform that provides for
synchronous visual and audio interaction in real time, and which
is compliant with the federal Health Insurance Portability and
Accountability Act (HIPAA). Virtual supervision does not include
telephone calls, electronic mail, or text messages.
(a) (b) The applicant for a license as a clinical social worker must
have at least two (2) years of clinical social work experience after
receiving a graduate degree in social work and under the supervision
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of a qualified supervisor as determined by the board.
(b) (c) If an individual is obtaining the clinical social work
experience described in subsection (a) (b) in Indiana, the individual
must be licensed as a social worker under section 1 of this chapter.
(c) (d) A doctoral internship may be applied toward the supervised
clinical social work experience requirement.
(d) (e) Except as provided in subsection (e), (f), the clinical social
work experience requirement may be met by work performed at or
away from the premises of the qualified supervisor.
(e) (f) Except as provided in subsection (g), (h), the clinical social
work requirement may not be performed away from the qualified
supervisor's premises if:
(1) the work is the independent private practice of clinical social
work; and
(2) the work is not performed at a place with the supervision of a
qualified supervisor available.
(f) (g) Any supervised clinical social work experience hours that an
applicant accumulates under this chapter after being licensed as a
social worker under section 1 of this chapter do not expire and may be
used by the applicant to satisfy the supervised clinical social work
experience requirements under this chapter.
(g) (h) Up to fifty percent (50%) one hundred percent (100%) of
the supervised clinical social work experience hours required under
subsection (a) (b) may be accounted for through virtual supervision by
a qualified supervisor described in subsection (a). (b).
(h) (i) After obtaining a temporary permit under section 11.5 of this
chapter, any supervised clinical social work experience hours that an
applicant accumulates under this chapter before the temporary permit
expires may be used by the applicant to satisfy the supervised clinical
social work experience requirements under this chapter during the
following time after the applicant obtained the temporary permit:
(1) For not more than four (4) years.
(2) After the four (4) year period, if approved by the board.
SECTION 16. IC 25-23.6-5-4, AS AMENDED BY P.L.11-2023,
SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. (a) As used in this section, "term" refers to
an academic semester, trimester, or quarter.
(b) An individual who satisfies the requirements of section 1 or 2 of
this chapter may take the examination provided by the board.
(c) An individual who:
(1) is enrolled in the last term of the last year of a program
leading to a degree that meets the requirements of section 1(1)
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of this chapter; and
(2) provides a letter of good standing from the director of the
social work department or the director's designee;
may take the examination provided by the board for a license as a
social worker.
(d) A letter of good standing provided under subsection (c)(2) by
an individual who applies for a license as a social worker must
include the following information:
(1) The individual's first and last name.
(2) The type of degree and program in which the individual is
enrolled.
(3) A statement confirming that the individual is currently in
the final term of the program.
(4) The anticipated date of completion of the program.
(5) A statement confirming that the individual is in good
academic standing.
SECTION 17. IC 25-23.6-8-1.7, AS ADDED BY P.L.177-2009,
SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 1.7. An individual who receives a master's degree
and enters a doctoral program may do either of the following:
(1) Apply for a marriage and family therapist associate license
under section 1.5 of this chapter by meeting the requirements of
this chapter.
(2) Elect not to apply for a marriage and family therapist associate
license under section 1.5 of this chapter, accrue the clinical
experience required under section 2.7(b) 2.7(c) of this chapter,
and apply for a marriage and family therapist license at the
conclusion of the doctoral program.
SECTION 18. IC 25-23.6-8-2.7, AS AMENDED BY P.L.160-2018,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2.7. (a) For purposes of this section, "virtual
supervision" means supervision of an applicant for a license as a
marriage and family therapist by a qualified supervisor through an
electronic platform that provides for synchronous visual and audio
interaction in real time, and which is compliant with the federal
Health Insurance Portability and Accountability Act (HIPAA).
Virtual supervision does not include telephone calls, electronic
mail, or text messages.
(a) (b) As used in this section, "first available examination" means
the first examination:
(1) after the date of an individual's:
(1) (A) graduation; or
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(2) (B) moving into Indiana;
that has an application deadline that is at least thirty (30) days
after the date of graduation or the date of moving into Indiana,
unless the individual chooses to meet a deadline that is less than
thirty (30) days after either of those events; or
(2) during the individual's last academic semester, trimester,
or quarter, if the individual is eligible to take the exam
pursuant to section 3 of this chapter.
(b) (c) An applicant for a license as a marriage and family therapist
under section 1 of this chapter must have at least two (2) years of
postdegree clinical experience, during which at least fifty percent
(50%) of the applicant's clients were receiving marriage and family
therapy services. The applicant's clinical experience must include one
thousand (1,000) hours of postdegree clinical experience and two
hundred (200) hours of postdegree clinical supervision, of which one
hundred (100) hours must be individual supervision, under the
supervision of a licensed marriage and family therapist who has at least
five (5) years of experience or an equivalent supervisor, as determined
by the board.
(c) (d) If an individual applies for, takes, and passes the first
available examination, the individual may not count more than five
hundred (500) hours of the postdegree clinical experience that is:
(1) required under subsection (b); (c); and
(2) accumulated before taking the examination toward licensure
as a marriage and family therapist.
(d) (e) If an individual does not pass the first available examination,
the individual may:
(1) retain the hours accumulated before taking the examination;
(2) continue working; and
(3) not accumulate any additional hours toward licensure as a
marriage and family therapist until passing the examination.
(e) (f) If an individual does not take the first available examination,
the individual may not begin accumulating any postdegree clinical
experience hours toward licensure as a marriage and family therapist
until the individual passes the examination.
(f) (g) When obtaining the clinical experience required under
subsection (b), (c), the applicant must provide direct individual, group,
and family therapy and counseling to the following categories of cases:
(1) Unmarried couples. romantic relationships and relational
systems.
(2) Married couples.
(3) Separating or divorcing couples.
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(4) Family groups, systems and groupings, including children
and minors.
(g) (h) A doctoral internship may be applied toward the supervised
work experience requirement.
(h) (i) Except as provided in subsection (i), (j), the experience
requirement may be met by work performed at or away from the
premises of the supervising marriage and family therapist.
(i) (j) Except as provided in subsection (j), (k), the work
requirement may not be performed away from the supervising marriage
and family therapist's premises if:
(1) the work is the independent private practice of marriage and
family therapy; and
(2) the work is not performed at a place that has the supervision
of a licensed marriage and family therapist or an equivalent
supervisor, as determined by the board.
(j) (k) Up to fifty percent (50%) one hundred percent (100%) of
the supervised postdegree clinical experience hours required under
subsection (b) (c) may be accounted for through virtual supervision by
a licensed marriage and family therapist or equivalent supervisor
described in subsection (b). (c).
SECTION 19. IC 25-23.6-8-3, AS AMENDED BY P.L.10-2019,
SECTION 112, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 3. (a) As used in this section,
"term" refers to an academic semester, trimester, or quarter.
(b) An individual who satisfies the requirements of section 1.5(a)(1)
through 1.5(a)(4) of this chapter may take the examination provided by
the board.
(c) An individual who:
(1) is enrolled in the last term of the last year of a program
leading to a degree that meets the requirements of section
1.5(a)(1) of this chapter; and
(2) provides a letter of good standing from the director of the
marriage and family therapy department or the director's
designee;
may take the examination provided by the board for a license as a
marriage and family therapist associate.
(d) A letter of good standing provided under subsection (c)(2) by
an individual who applies for a license as a marriage and family
therapist associate must include the following information:
(1) The individual's first and last name.
(2) The type of degree and program in which the individual is
enrolled.
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(3) A statement confirming that the individual is currently in
the final term of the program.
(4) The anticipated date of completion of the program.
(5) A statement confirming that the individual is in good
academic standing.
SECTION 20. IC 25-23.6-8.5-4, AS AMENDED BY P.L.160-2018,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. (a) For purposes of this section, "virtual
supervision" means supervision of an applicant for a license as a
mental health counselor by a qualified supervisor through an
electronic platform that provides for synchronous visual and audio
interaction in real time, and which is compliant with the federal
Health Insurance Portability and Accountability Act (HIPAA).
Virtual supervision does not include telephone calls, electronic
mail, or text messages.
(a) (b) As used in this section, "first available examination" means
the first examination:
(1) after the date of an individual's:
(1) (A) graduation; or
(2) (B) moving into Indiana;
that has an application deadline that is at least thirty (30) days
after the date of graduation or the date of moving into Indiana,
unless the individual chooses to meet a deadline that is less than
thirty (30) days after either of those events; or
(2) during the individual's last academic semester, trimester,
or quarter, if the individual is eligible to take the exam
pursuant to section 5 of this chapter.
(b) (c) The applicant must have at least three thousand (3,000) hours
of post-graduate clinical experience over a two (2) year period. The
clinical experience must consist of one hundred (100) hours of
supervision under the supervision of a licensed mental health counselor
or an equivalent supervisor, as determined by the board.
(c) (d) A doctoral internship may be applied toward the supervised
work experience requirement.
(d) (e) Except as provided in subsection (e), (f), the clinical
experience requirement may be met by work performed at or away
from the premises of the supervising mental health counselor.
(e) (f) Except as provided in subsection (i), (j), the clinical work
requirement may not be performed away from the supervising mental
health counselor's premises if:
(1) the work is the independent private practice of mental health
counseling; and
HEA 1138 — Concur 14
(2) the work is not performed at a place that has the supervision
of a licensed mental health counselor or an equivalent supervisor,
as determined by the board.
(f) (g) If an individual applies for, takes, and passes the first
available examination, the individual may not count more than one
thousand five hundred (1,500) hours of the postdegree clinical
experience that is:
(1) required under subsection (b); (c); and
(2) accumulated before taking the examination toward licensure
as a mental health counselor.
(g) (h) If an individual does not pass the first available examination,
the individual may:
(1) retain the hours accumulated before taking the examination;
(2) continue working; and
(3) not accumulate any additional hours toward licensure as a
mental health counselor until passing the examination.
(h) (i) If an individual does not take the first available examination,
the individual may not begin accumulating any postdegree clinical
experience hours toward licensure as a mental health counselor until
the individual passes the examination.
(i) (j) Up to fifty percent (50%) one hundred percent (100%) of
the supervised post-graduate clinical experience hours required under
subsection (b) (c) may be accounted for through virtual supervision by
a licensed mental health counselor or equivalent supervisor described
in subsection (b). (c).
SECTION 21. IC 25-23.6-8.5-5, AS AMENDED BY P.L.84-2010,
SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 5. (a) As used in this section, "term" refers to
an academic semester, trimester, or quarter.
(b) An individual who satisfies the requirements of:
(1) section 1 or 1.5 of this chapter; and
(2) section 2 of this chapter;
may take the examination provided by the board.
(c) An individual who:
(1) is enrolled in the last term of the last year of a program
leading to a degree that meets the requirements of section
1.5(a)(1) of this chapter; and
(2) provides a letter of good standing from the director of the
mental health counselor department or the director's
designee;
may take the examination provided by the board for a license as a
mental health counselor associate.
HEA 1138 — Concur 15
(d) A letter of good standing provided under subsection (c)(2) by
an individual who applies for a license as a mental health counselor
associate must include the following information:
(1) The individual's first and last name.
(2) The type of degree and program in which the individual is
enrolled.
(3) A statement confirming that the individual is currently in
the final term of the program.
(4) The anticipated date of completion of the program.
(5) A statement confirming that the individual is in good
academic standing.
SECTION 22. IC 25-23.6-10.5-7, AS AMENDED BY
P.L.207-2021, SECTION 28, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) For purposes of
this section, "virtual supervision" means supervision of an
applicant for a license as an addiction counselor by a qualified
supervisor through an electronic platform that provides for
synchronous visual and audio interaction in real time, and which
is compliant with the federal Health Insurance Portability and
Accountability Act (HIPAA). Virtual supervision does not include
telephone calls, electronic mail, or text messages.
(a) (b) An applicant under section 1 of this chapter must have at
least two (2) years of addiction counseling experience that must include
at least one hundred fifty (150) hours under supervision, one hundred
(100) hours of which must be under individual supervision and fifty
(50) hours of which must be under group supervision. The supervision
required must be provided by a qualified supervisor, as determined by
the board.
(b) (c) A doctoral internship, or a supervised master's level
practicum, an internship, or field experience in addiction counseling,
may be applied toward the supervised work experience requirement.
(c) (d) Except as provided in subsection (d), (e), the experience
requirement may be met by work performed at or away from the
premises of the qualified supervisor.
(d) (e) Except as provided in subsection (e), (f), the work
requirement may not be performed away from the qualified supervisor's
premises if:
(1) the work is the independent private practice of addiction
counseling; and
(2) the work is not performed at a place that has the supervision
of a qualified supervisor.
(e) (f) Up to fifty percent (50%) one hundred percent (100%) of
HEA 1138 — Concur 16
the supervised addiction counseling experience hours required under
subsection (a) (b) may be accounted for through virtual supervision by
a qualified supervisor described in subsection (a). (b).
SECTION 23. IC 25-23.6-10.5-8, AS AMENDED BY
P.L.207-2021, SECTION 29, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) For purposes of
this section, "virtual supervision" means supervision of an
applicant for a license as a clinical addiction counselor by a
qualified supervisor through an electronic platform that provides
for synchronous visual and audio interaction in real time, and
which is compliant with the federal Health Insurance Portability
and Accountability Act (HIPAA). Virtual supervision does not
include telephone calls, electronic mail, or text messages.
(a) (b) An applicant under section 2 of this chapter must have at
least two (2) years of clinical addiction counseling experience that must
include at least two hundred (200) hours under supervision, one
hundred (100) hours of which must be under individual supervision
and up to one hundred (100) hours of which may be under group
supervision. The supervision required must be provided by a qualified
supervisor, as determined by the board.
(b) (c) A doctoral internship may be applied toward the supervised
work experience requirement.
(c) (d) Except as provided in subsection (d), (e), the experience
requirement may be met by work performed at or away from the
premises of the qualified supervisor.
(d) (e) The work requirement may not be performed away from the
qualified supervisor's premises if:
(1) the work is the independent private practice of addiction
therapy; and
(2) the work is not performed at a place that has the supervision
of a qualified supervisor.
(f) Up to one hundred percent (100%) of the supervised clinical
addiction counseling experience hours required under subsection
(b) may be accounted for through virtual supervision by a qualified
supervisor described in subsection (b).
SECTION 24. IC 25-23.6-10.5-9, AS ADDED BY P.L.122-2009,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 9. (a) As used in this section, "term" refers to
an academic semester, trimester, or quarter.
(a) (b) An individual who satisfies the requirements of sections 4,
6, and 8 of this chapter may take the licensed clinical addiction
counselor examination established by the board.
HEA 1138 — Concur 17
(b) (c) An individual who satisfies the requirements of sections 3,
5, and 7 of this chapter may take the licensed addiction counselor
examination established by the board.
(d) An individual who:
(1) is enrolled in the last term of the last year of a program
leading to a degree that meets the requirements of section
1.5(a)(1) of this chapter; and
(2) provides a letter of good standing from the director of the
addiction counselor department or the director's designee;
may take the examination provided by the board for a license as an
addiction counselor associate.
(e) An individual who:
(1) is enrolled in the last term of the last year of a program
leading to a degree that meets the requirements of section
2.5(1) of this chapter; and
(2) provides a letter of good standing from the director of the
addiction counselor department or the director's designee;
may take the examination provided by the board for a license as a
clinical addiction counselor associate.
(f) A letter of good standing provided under subsection (d)(2) or
(e)(2) by an individual who applies for a license as an addiction
counselor associate or clinical addiction counselor associate must
include the following information:
(1) The individual's first and last name.
(2) The type of degree and program in which the individual is
enrolled.
(3) A statement confirming that the individual is currently in
the final term of the program.
(4) The anticipated date of completion of the program.
(5) A statement confirming that the individual is in good
academic standing.
SECTION 25. IC 34-30-2.1-366, AS ADDED BY P.L.105-2022,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 366. IC 25-2.1-9-5 (Concerning immunity of an
entity administering a quality review (before July 1, 2012) or peer
review (after June 30, 2012) program and members of a quality review
committee (before July 1, 2012) or peer review committee). (after June
30, 2012)).
SECTION 26. IC 34-46-2-17, AS AMENDED BY P.L.197-2011,
SECTION 126, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 17. IC 25-2.1-5-8 (Concerning
proceedings, records, and work papers of a quality review committee
HEA 1138 — Concur 18
that conducts a quality review of an accounting firm before July 1,
2012, or a peer review committee that conducts a peer review of an
accounting firm). after June 30, 2012).
HEA 1138 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1138 — Concur