*SB0104.1*
January 23, 2024
SENATE BILL No. 104
_____
DIGEST OF SB 104 (Updated January 22, 2024 10:36 am - DI 140)
Citations Affected: IC 25-1; IC 25-38.1; IC 35-48.
Synopsis: Veterinary medicine. Requires the state police department
to disclose to the board of veterinary medicine (board) the criminal
history or activity of veterinary license or certificate holders or
applicants. Requires veterinarians and veterinary technicians to
disclose certain information when renewing a license or registration
certificate electronically and requires the board to compile that
information into an annual report. Provides that a licensed veterinarian
is not required to obtain a controlled substance registration or separate
controlled substance registration if certain criteria are met. Permits a
veterinarian or a registered veterinary technician to renew an expired
license or registration certificate more than three years after the date of
the expiration.
Effective: July 1, 2024.
Leising
January 8, 2024, read first time and referred to Committee on Agriculture.
January 22, 2024, reported favorably — Do Pass.
SB 104—LS 6364/DI 153 January 23, 2024
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.
SENATE BILL No. 104
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 25-1-1.1-4, AS AMENDED BY P.L.3-2014,
2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 4. (a) This section applies to an individual who is
4 applying for, or will be applying for, an initial license or an initial
5 certificate under one (1) of the occupations or professions described in
6 IC 25-0.5-1.
7 (b) As used in this chapter, "national criminal history background
8 check" means the criminal history record system maintained by the
9 Federal Bureau of Investigation based on fingerprint identification or
10 any other method of positive identification.
11 (c) An individual applying for an initial license or initial certificate
12 specified in subsection (a) shall submit to a national criminal history
13 background check at the cost of the individual.
14 (d) The state police department shall release the results of a national
15 criminal history background check conducted under this section to:
16 (1) the Indiana professional licensing agency; or
17 (2) for a license or certificate issued under IC 25-38.1, the
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1 following:
2 (A) The chief administrative officer of the board of
3 veterinary medicine.
4 (B) An authorized agent of the chief administrative officer
5 described in clause (A).
6 (e) A board, a commission, or a committee may conduct a random
7 audit and require an individual seeking a renewal of a license or a
8 certificate specified in subsection (a) to submit to a national criminal
9 history background check at the cost of the individual.
10 SECTION 2. IC 25-1-1.1-5, AS ADDED BY P.L.155-2011,
11 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 5. (a) As used in this section, "licensee" refers to
13 an individual who is licensed or certified in a profession set forth in
14 section 4 of this chapter.
15 (b) As used in this section, "personal information" means
16 information that identifies an individual, including the following:
17 (1) Photograph.
18 (2) Social Security number.
19 (3) Driver's license number or identification card number.
20 (4) Name.
21 (5) Address.
22 (6) Telephone number.
23 (7) Fingerprints.
24 (c) The state police department and the Indiana professional
25 licensing agency shall enter into a memorandum of understanding to
26 provide data exchange and data matching regarding licensees who are
27 charged with or convicted of an offense.
28 (d) The state police department and the Indiana board of
29 veterinary medicine established by IC 25-38.1-2-1 shall enter into
30 a memorandum of understanding to provide data exchange and
31 data matching regarding licensees who are charged with or
32 convicted of an offense.
33 (d) (e) Personal information data exchanged under subsection (c)
34 shall be kept confidential and may be used only for the purposes of a
35 government agency, including the following:
36 (1) A prosecuting attorney.
37 (2) The Indiana professional licensing agency or a board,
38 committee, or commission administered by the Indiana
39 professional licensing agency.
40 (3) A court.
41 (4) A law enforcement agency.
42 (5) The office of the attorney general.
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1 (6) The Indiana board of veterinary medicine established by
2 IC 25-38.1-2-1.
3 SECTION 3. IC 25-1-2-11 IS ADDED TO THE INDIANA CODE
4 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
5 1, 2024]: Sec. 11. (a) As used in this section, "board" refers to the
6 Indiana board of veterinary medicine established by
7 IC 25-38.1-2-1.
8 (b) As used in this section, "license or registration certificate"
9 means a license or registration certificate issued by the board
10 under IC 25-38.1.
11 (c) As used in this section, "practitioner" means an individual
12 who holds a license or registration certificate.
13 (d) After December 31, 2024, a practitioner must provide the
14 following information when renewing the practitioner's license or
15 registration certificate electronically:
16 (1) The practitioner's specialty or field of practice.
17 (2) The practitioner's current:
18 (A) business address or location;
19 (B) practice setting type;
20 (C) average hours worked per week;
21 (D) average distance traveled between patients (if
22 applicable); and
23 (E) type of services provided.
24 (3) The practitioner's educational background and training.
25 (4) The approximate outstanding balance of student loans
26 taken out by the practitioner to finance veterinary or
27 veterinary technician schooling.
28 (5) Whether the practitioner currently delivers veterinary
29 services through telehealth (as defined in IC 25-1-9.5-6).
30 (e) After December 31, 2024, a notice of renewal sent under this
31 chapter to a practitioner must notify the practitioner of the
32 requirements of subsection (d).
33 (f) Not later than December 31 of each year, the board shall do
34 the following:
35 (1) Compile the information collected under this section into
36 a report.
37 (2) Post the report compiled under subdivision (1) on the
38 board's website.
39 (g) A report compiled under subsection (f) may not contain
40 personal identifying information.
41 SECTION 4. IC 25-38.1-3-13, AS AMENDED BY P.L.58-2008,
42 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
SB 104—LS 6364/DI 153 4
1 JULY 1, 2024]: Sec. 13. (a) An individual who:
2 (1) practices veterinary medicine after the individual's license has
3 expired, been revoked, or been placed on inactive status; or
4 (2) acts as a registered veterinary technician after the individual's
5 registration has expired, been revoked, or been placed on inactive
6 status;
7 violates this article.
8 (b) In accordance with IC 25-1-8-6(c), a veterinarian may renew
9 an expired license or a registered veterinary technician may renew an
10 expired registration certificate not later than five (5) three (3) years
11 after the date of expiration by making written application for renewal
12 and paying the required fee. fees. However, the board may require
13 continuing education as a condition of renewal of an expired license.
14 (c) In accordance with IC 25-1-8-6(d), a veterinarian may not
15 renew an expired license and or a registered veterinary technician may
16 not renew an expired registration certificate after more than five (5)
17 three (3) years have elapsed after the date of the expiration of a license
18 or a registration certificate by making written application for
19 renewal and paying the required fees. but the person may make
20 application for a new license or registration certificate and take the
21 appropriate examinations. However, the board may require as a
22 condition of renewal of an expired license or registration certificate
23 that the applicant:
24 (1) appear before the board;
25 (2) complete:
26 (A) continuing education; or
27 (B) remediation and additional training; or
28 (3) practice in consultation with or under the supervision of
29 a licensed veterinarian;
30 as deemed appropriate by the board given the lapse of time
31 involved.
32 (d) To have a license or registration placed on inactive status, a
33 licensed veterinarian or registered veterinarian technician must notify
34 the board in writing of the veterinarian's or technician's desire to have
35 the license or registration placed on inactive status. The board shall
36 waive the continuing education requirements, if any, and payment of
37 the renewal fee during the period the license or registration of a
38 veterinarian or technician is on inactive status. A license or registration
39 may be placed on inactive status during the period:
40 (1) the veterinarian or technician is on active duty with any
41 branch of the armed services of the United States;
42 (2) the veterinarian or technician is in the Peace Corps;
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1 (3) the veterinarian or technician is in an alternative service
2 during a time of national emergency;
3 (4) the veterinarian or technician is suffering from a severe
4 medical condition that prevents the veterinarian or technician
5 from meeting the requirements of the board; or
6 (5) after the veterinarian or technician retires.
7 A veterinarian or technician who is retired and on inactive status may
8 not maintain an office or practice veterinary medicine. The board may
9 adopt rules under IC 4-22-2 that establish prerequisites or conditions
10 for the reactivation of an inactive license or registration.
11 SECTION 5. IC 35-48-3-3, AS AMENDED BY P.L.185-2013,
12 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2024]: Sec. 3. (a) Every person who manufactures or
14 distributes any controlled substance within this state or who proposes
15 to engage in the manufacture or distribution of any controlled
16 substance within this state, must obtain biennially a registration issued
17 by the board in accordance with the board's rules.
18 (b) Except as provided in subsection (i), every person who
19 dispenses or proposes to dispense any controlled substance within
20 Indiana must have a registration issued by the board in accordance with
21 the board's rules. A registration issued to a dispenser under this
22 subsection expires whenever the dispenser's license as a practitioner
23 expires. The board shall renew a dispenser's registration under this
24 subsection concurrently with any state license authorizing the dispenser
25 to act as a practitioner.
26 (c) This subsection is effective January 1, 2014. An owner must
27 have a registration issued by the board in accordance with the board's
28 rules. An owner shall adopt reasonable procedures to ensure that
29 employed or contracted individuals who are dispensing controlled
30 substances in the office, facility, clinic, or location owned or controlled
31 by the owner dispense the controlled substances in a manner that
32 complies with laws, rules, and regulations.
33 (d) Persons registered by the board under this article to manufacture,
34 distribute, dispense, or conduct research with controlled substances
35 may possess, manufacture, distribute, dispense, or conduct research
36 with those substances to the extent authorized by their registration and
37 in conformity with the other provisions of this chapter.
38 (e) The following persons need not register and may lawfully
39 possess controlled substances under this article:
40 (1) An agent or employee of any registered manufacturer,
41 distributor, or dispenser of any controlled substance if the agent
42 or employee is acting in the usual course of the agent's or
SB 104—LS 6364/DI 153 6
1 employee's business or employment.
2 (2) A common or contract carrier or warehouseman, or an
3 employee thereof, whose possession of any controlled substance
4 is in the usual course of business or employment.
5 (3) An ultimate user or a person in possession of any controlled
6 substance under a lawful order of a practitioner or in lawful
7 possession of a schedule V substance.
8 (f) The board may waive by rule the requirement for registration of
9 certain manufacturers, distributors, or dispensers if it finds it consistent
10 with the public health and safety.
11 (g) Except as provided in subsections (h) and (i), a separate
12 registration is required at each principal place of business or
13 professional practice where the applicant:
14 (1) manufactures, distributes, dispenses, or possesses controlled
15 substances; and
16 (2) employs or contracts with individuals to dispense controlled
17 substances. This subdivision is effective January 1, 2014.
18 (h) A person licensed to practice veterinary medicine in Indiana
19 holding an Indiana controlled substance registration is not
20 required to obtain a separate registration to possess or dispense
21 controlled substances in the usual course of veterinary practice at
22 a site, so long as the site is not a principal place of business or
23 professional practice.
24 (i) A person licensed to practice veterinary medicine in another
25 state holding a federal controlled substance registration is not
26 required to obtain an Indiana controlled substance registration to
27 possess or dispense controlled substances in the usual course of
28 veterinary practice at a site in Indiana, so long as the site is not a
29 principal place of business or professional practice and the
30 veterinarian is licensed to practice veterinary medicine in Indiana.
31 (h) (j) The board may inspect the establishment of a registrant or
32 applicant for registration in accordance with the board's rules.
33 (i) (k) Beginning January 1, 2014, the attorney general may file a
34 petition in circuit or superior court to obtain an injunction against a
35 violation of this chapter by an owner. In an action filed by the attorney
36 general under this subsection, the court may:
37 (1) issue an injunction;
38 (2) order the owner to pay a civil penalty not to exceed five
39 thousand dollars ($5,000);
40 (3) order the owner to pay the state the reasonable costs of the
41 attorney general's investigation and prosecution related to the
42 action; and
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1 (4) provide the appointment of a receiver.
SB 104—LS 6364/DI 153 8
COMMITTEE REPORT
Madam President: The Senate Committee on Agriculture, to which
was referred Senate Bill No. 104, has had the same under consideration
and begs leave to report the same back to the Senate with the
recommendation that said bill DO PASS.
(Reference is to SB 104 as introduced.)
LEISING, Chairperson
Committee Vote: Yeas 7, Nays 0
SB 104—LS 6364/DI 153