Indiana 2024 Regular Session

Indiana Senate Bill SB0104 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0104.1
	2	+	February 19, 2024
	3	+	ENGROSSED
	4	+	SENATE BILL No. 104
	5	+	_____
	6	+	DIGEST OF SB 104 (Updated February 19, 2024 11:11 am - DI 140)
	7	+	Citations Affected: IC 25-1; IC 25-38.1; IC 35-48.
	8	+	Synopsis: Veterinary medicine. Requires the state police department
	9	+	to disclose to the board of veterinary medicine (board) the criminal
	10	+	history or activity of veterinary license or certificate holders or
	11	+	applicants. Requires veterinarians and veterinary technicians to
	12	+	disclose certain information when renewing a license or registration
	13	+	certificate electronically and requires the board to compile that
	14	+	information into an annual report. Provides that a licensed veterinarian
	15	+	is not required to obtain a controlled substance registration or separate
	16	+	controlled substance registration if certain criteria are met. Permits a
	17	+	veterinarian or a registered veterinary technician to renew an expired
	18	+	license or registration certificate more than three years after the date of
	19	+	the expiration.
	20	+	Effective: July 1, 2024.
	21	+	Leising, Glick
	22	+	(HOUSE SPONSORS — SWEET, BAIRD, ZIMMERMAN, AYLESWORTH)
	23	+	January 8, 2024, read first time and referred to Committee on Agriculture.
	24	+	January 22, 2024, reported favorably — Do Pass.
	25	+	January 25, 2024, read second time, ordered engrossed.
	26	+	January 26, 2024, engrossed.
	27	+	January 29, 2024, read third time, passed. Yeas 49, nays 0.
	28	+	HOUSE ACTION
	29	+	February 6, 2024, read first time and referred to Committee on Agriculture and Rural
	30	+	Development.
	31	+	February 19, 2024, reported — Do Pass.
	32	+	ES 104—LS 6364/DI 153 February 19, 2024
1	33		Second Regular Session of the 123rd General Assembly (2024)
2	34		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	35		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	36		additions will appear in this style type, and deletions will appear in this style type.
5	37		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	38		provision adopted), the text of the new provision will appear in this style type. Also, the
7	39		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	40		a new provision to the Indiana Code or the Indiana Constitution.
9	41		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	42		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 104
12		-	AN ACT to amend the Indiana Code concerning professions and
13		-	occupations.
	43	+	ENGROSSED
	44	+	SENATE BILL No. 104
	45	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	46	+	professions and occupations.
14	47		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 25-1-1.1-4, AS AMENDED BY P.L.3-2014,
16		-	SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17		-	JULY 1, 2024]: Sec. 4. (a) This section applies to an individual who is
18		-	applying for, or will be applying for, an initial license or an initial
19		-	certificate under one (1) of the occupations or professions described in
20		-	IC 25-0.5-1.
21		-	(b) As used in this chapter, "national criminal history background
22		-	check" means the criminal history record system maintained by the
23		-	Federal Bureau of Investigation based on fingerprint identification or
24		-	any other method of positive identification.
25		-	(c) An individual applying for an initial license or initial certificate
26		-	specified in subsection (a) shall submit to a national criminal history
27		-	background check at the cost of the individual.
28		-	(d) The state police department shall release the results of a national
29		-	criminal history background check conducted under this section to:
30		-	(1) the Indiana professional licensing agency; or
31		-	(2) for a license or certificate issued under IC 25-38.1, the
32		-	following:
33		-	(A) The chief administrative officer of the board of
34		-	veterinary medicine.
35		-	(B) An authorized agent of the chief administrative officer
36		-	SEA 104 2
37		-	described in clause (A).
38		-	(e) A board, a commission, or a committee may conduct a random
39		-	audit and require an individual seeking a renewal of a license or a
40		-	certificate specified in subsection (a) to submit to a national criminal
41		-	history background check at the cost of the individual.
42		-	SECTION 2. IC 25-1-1.1-5, AS ADDED BY P.L.155-2011,
43		-	SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
44		-	JULY 1, 2024]: Sec. 5. (a) As used in this section, "licensee" refers to
45		-	an individual who is licensed or certified in a profession set forth in
46		-	section 4 of this chapter.
47		-	(b) As used in this section, "personal information" means
48		-	information that identifies an individual, including the following:
49		-	(1) Photograph.
50		-	(2) Social Security number.
51		-	(3) Driver's license number or identification card number.
52		-	(4) Name.
53		-	(5) Address.
54		-	(6) Telephone number.
55		-	(7) Fingerprints.
56		-	(c) The state police department and the Indiana professional
57		-	licensing agency shall enter into a memorandum of understanding to
58		-	provide data exchange and data matching regarding licensees who are
59		-	charged with or convicted of an offense.
60		-	(d) The state police department and the Indiana board of
61		-	veterinary medicine established by IC 25-38.1-2-1 shall enter into
62		-	a memorandum of understanding to provide data exchange and
63		-	data matching regarding licensees who are charged with or
64		-	convicted of an offense.
65		-	(d) (e) Personal information data exchanged under subsection (c)
66		-	shall be kept confidential and may be used only for the purposes of a
67		-	government agency, including the following:
68		-	(1) A prosecuting attorney.
69		-	(2) The Indiana professional licensing agency or a board,
70		-	committee, or commission administered by the Indiana
71		-	professional licensing agency.
72		-	(3) A court.
73		-	(4) A law enforcement agency.
74		-	(5) The office of the attorney general.
75		-	(6) The Indiana board of veterinary medicine established by
76		-	IC 25-38.1-2-1.
77		-	SECTION 3. IC 25-1-2-11 IS ADDED TO THE INDIANA CODE
78		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
79		-	SEA 104 3
80		-	1, 2024]: Sec. 11. (a) As used in this section, "board" refers to the
81		-	Indiana board of veterinary medicine established by
82		-	IC 25-38.1-2-1.
83		-	(b) As used in this section, "license or registration certificate"
84		-	means a license or registration certificate issued by the board
85		-	under IC 25-38.1.
86		-	(c) As used in this section, "practitioner" means an individual
87		-	who holds a license or registration certificate.
88		-	(d) After December 31, 2024, a practitioner must provide the
89		-	following information when renewing the practitioner's license or
90		-	registration certificate electronically:
91		-	(1) The practitioner's specialty or field of practice.
92		-	(2) The practitioner's current:
93		-	(A) business address or location;
94		-	(B) practice setting type;
95		-	(C) average hours worked per week;
96		-	(D) average distance traveled between patients (if
97		-	applicable); and
98		-	(E) type of services provided.
99		-	(3) The practitioner's educational background and training.
100		-	(4) The approximate outstanding balance of student loans
101		-	taken out by the practitioner to finance veterinary or
102		-	veterinary technician schooling.
103		-	(5) Whether the practitioner currently delivers veterinary
104		-	services through telehealth (as defined in IC 25-1-9.5-6).
105		-	(e) After December 31, 2024, a notice of renewal sent under this
106		-	chapter to a practitioner must notify the practitioner of the
107		-	requirements of subsection (d).
108		-	(f) Not later than December 31 of each year, the board shall do
109		-	the following:
110		-	(1) Compile the information collected under this section into
111		-	a report.
112		-	(2) Post the report compiled under subdivision (1) on the
113		-	board's website.
114		-	(g) A report compiled under subsection (f) may not contain
115		-	personal identifying information.
116		-	SECTION 4. IC 25-38.1-3-13, AS AMENDED BY P.L.58-2008,
117		-	SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
118		-	JULY 1, 2024]: Sec. 13. (a) An individual who:
119		-	(1) practices veterinary medicine after the individual's license has
120		-	expired, been revoked, or been placed on inactive status; or
121		-	(2) acts as a registered veterinary technician after the individual's
122		-	SEA 104 4
123		-	registration has expired, been revoked, or been placed on inactive
124		-	status;
125		-	violates this article.
126		-	(b) In accordance with IC 25-1-8-6(c), a veterinarian may renew
127		-	an expired license or a registered veterinary technician may renew an
128		-	expired registration certificate not later than five (5) three (3) years
129		-	after the date of expiration by making written application for renewal
130		-	and paying the required fee. fees. However, the board may require
131		-	continuing education as a condition of renewal of an expired license.
132		-	(c) In accordance with IC 25-1-8-6(d), a veterinarian may not
133		-	renew an expired license and or a registered veterinary technician may
134		-	not renew an expired registration certificate after more than five (5)
135		-	three (3) years have elapsed after the date of the expiration of a license
136		-	or a registration certificate by making written application for
137		-	renewal and paying the required fees. but the person may make
138		-	application for a new license or registration certificate and take the
139		-	appropriate examinations. However, the board may require as a
140		-	condition of renewal of an expired license or registration certificate
141		-	that the applicant:
142		-	(1) appear before the board;
143		-	(2) complete:
144		-	(A) continuing education; or
145		-	(B) remediation and additional training; or
146		-	(3) practice in consultation with or under the supervision of
147		-	a licensed veterinarian;
148		-	as deemed appropriate by the board given the lapse of time
149		-	involved.
150		-	(d) To have a license or registration placed on inactive status, a
151		-	licensed veterinarian or registered veterinarian technician must notify
152		-	the board in writing of the veterinarian's or technician's desire to have
153		-	the license or registration placed on inactive status. The board shall
154		-	waive the continuing education requirements, if any, and payment of
155		-	the renewal fee during the period the license or registration of a
156		-	veterinarian or technician is on inactive status. A license or registration
157		-	may be placed on inactive status during the period:
158		-	(1) the veterinarian or technician is on active duty with any
159		-	branch of the armed services of the United States;
160		-	(2) the veterinarian or technician is in the Peace Corps;
161		-	(3) the veterinarian or technician is in an alternative service
162		-	during a time of national emergency;
163		-	(4) the veterinarian or technician is suffering from a severe
164		-	medical condition that prevents the veterinarian or technician
165		-	SEA 104 5
166		-	from meeting the requirements of the board; or
167		-	(5) after the veterinarian or technician retires.
168		-	A veterinarian or technician who is retired and on inactive status may
169		-	not maintain an office or practice veterinary medicine. The board may
170		-	adopt rules under IC 4-22-2 that establish prerequisites or conditions
171		-	for the reactivation of an inactive license or registration.
172		-	SECTION 5. IC 35-48-3-3, AS AMENDED BY P.L.185-2013,
173		-	SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
174		-	JULY 1, 2024]: Sec. 3. (a) Every person who manufactures or
175		-	distributes any controlled substance within this state or who proposes
176		-	to engage in the manufacture or distribution of any controlled
177		-	substance within this state, must obtain biennially a registration issued
178		-	by the board in accordance with the board's rules.
179		-	(b) Except as provided in subsection (i), every person who
180		-	dispenses or proposes to dispense any controlled substance within
181		-	Indiana must have a registration issued by the board in accordance with
182		-	the board's rules. A registration issued to a dispenser under this
183		-	subsection expires whenever the dispenser's license as a practitioner
184		-	expires. The board shall renew a dispenser's registration under this
185		-	subsection concurrently with any state license authorizing the dispenser
186		-	to act as a practitioner.
187		-	(c) This subsection is effective January 1, 2014. An owner must
188		-	have a registration issued by the board in accordance with the board's
189		-	rules. An owner shall adopt reasonable procedures to ensure that
190		-	employed or contracted individuals who are dispensing controlled
191		-	substances in the office, facility, clinic, or location owned or controlled
192		-	by the owner dispense the controlled substances in a manner that
193		-	complies with laws, rules, and regulations.
194		-	(d) Persons registered by the board under this article to manufacture,
195		-	distribute, dispense, or conduct research with controlled substances
196		-	may possess, manufacture, distribute, dispense, or conduct research
197		-	with those substances to the extent authorized by their registration and
198		-	in conformity with the other provisions of this chapter.
199		-	(e) The following persons need not register and may lawfully
200		-	possess controlled substances under this article:
201		-	(1) An agent or employee of any registered manufacturer,
202		-	distributor, or dispenser of any controlled substance if the agent
203		-	or employee is acting in the usual course of the agent's or
204		-	employee's business or employment.
205		-	(2) A common or contract carrier or warehouseman, or an
206		-	employee thereof, whose possession of any controlled substance
207		-	is in the usual course of business or employment.
208		-	SEA 104 6
209		-	(3) An ultimate user or a person in possession of any controlled
210		-	substance under a lawful order of a practitioner or in lawful
211		-	possession of a schedule V substance.
212		-	(f) The board may waive by rule the requirement for registration of
213		-	certain manufacturers, distributors, or dispensers if it finds it consistent
214		-	with the public health and safety.
215		-	(g) Except as provided in subsections (h) and (i), a separate
216		-	registration is required at each principal place of business or
217		-	professional practice where the applicant:
218		-	(1) manufactures, distributes, dispenses, or possesses controlled
219		-	substances; and
220		-	(2) employs or contracts with individuals to dispense controlled
221		-	substances. This subdivision is effective January 1, 2014.
222		-	(h) A person licensed to practice veterinary medicine in Indiana
223		-	holding an Indiana controlled substance registration is not
224		-	required to obtain a separate registration to possess or dispense
225		-	controlled substances in the usual course of veterinary practice at
226		-	a site, so long as the site is not a principal place of business or
227		-	professional practice.
228		-	(i) A person licensed to practice veterinary medicine in another
229		-	state holding a federal controlled substance registration is not
230		-	required to obtain an Indiana controlled substance registration to
231		-	possess or dispense controlled substances in the usual course of
232		-	veterinary practice at a site in Indiana, so long as the site is not a
233		-	principal place of business or professional practice and the
234		-	veterinarian is licensed to practice veterinary medicine in Indiana.
235		-	(h) (j) The board may inspect the establishment of a registrant or
236		-	applicant for registration in accordance with the board's rules.
237		-	(i) (k) Beginning January 1, 2014, the attorney general may file a
238		-	petition in circuit or superior court to obtain an injunction against a
239		-	violation of this chapter by an owner. In an action filed by the attorney
240		-	general under this subsection, the court may:
241		-	(1) issue an injunction;
242		-	(2) order the owner to pay a civil penalty not to exceed five
243		-	thousand dollars ($5,000);
244		-	(3) order the owner to pay the state the reasonable costs of the
245		-	attorney general's investigation and prosecution related to the
246		-	action; and
247		-	(4) provide the appointment of a receiver.
248		-	SEA 104 President of the Senate
249		-	President Pro Tempore
250		-	Speaker of the House of Representatives
251		-	Governor of the State of Indiana
252		-	Date: Time:
253		-	SEA 104
	48	+	1 SECTION 1. IC 25-1-1.1-4, AS AMENDED BY P.L.3-2014,
	49	+	2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	50	+	3 JULY 1, 2024]: Sec. 4. (a) This section applies to an individual who is
	51	+	4 applying for, or will be applying for, an initial license or an initial
	52	+	5 certificate under one (1) of the occupations or professions described in
	53	+	6 IC 25-0.5-1.
	54	+	7 (b) As used in this chapter, "national criminal history background
	55	+	8 check" means the criminal history record system maintained by the
	56	+	9 Federal Bureau of Investigation based on fingerprint identification or
	57	+	10 any other method of positive identification.
	58	+	11 (c) An individual applying for an initial license or initial certificate
	59	+	12 specified in subsection (a) shall submit to a national criminal history
	60	+	13 background check at the cost of the individual.
	61	+	14 (d) The state police department shall release the results of a national
	62	+	15 criminal history background check conducted under this section to:
	63	+	16 (1) the Indiana professional licensing agency; or
	64	+	17 (2) for a license or certificate issued under IC 25-38.1, the
	65	+	ES 104—LS 6364/DI 153 2
	66	+	1 following:
	67	+	2 (A) The chief administrative officer of the board of
	68	+	3 veterinary medicine.
	69	+	4 (B) An authorized agent of the chief administrative officer
	70	+	5 described in clause (A).
	71	+	6 (e) A board, a commission, or a committee may conduct a random
	72	+	7 audit and require an individual seeking a renewal of a license or a
	73	+	8 certificate specified in subsection (a) to submit to a national criminal
	74	+	9 history background check at the cost of the individual.
	75	+	10 SECTION 2. IC 25-1-1.1-5, AS ADDED BY P.L.155-2011,
	76	+	11 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	77	+	12 JULY 1, 2024]: Sec. 5. (a) As used in this section, "licensee" refers to
	78	+	13 an individual who is licensed or certified in a profession set forth in
	79	+	14 section 4 of this chapter.
	80	+	15 (b) As used in this section, "personal information" means
	81	+	16 information that identifies an individual, including the following:
	82	+	17 (1) Photograph.
	83	+	18 (2) Social Security number.
	84	+	19 (3) Driver's license number or identification card number.
	85	+	20 (4) Name.
	86	+	21 (5) Address.
	87	+	22 (6) Telephone number.
	88	+	23 (7) Fingerprints.
	89	+	24 (c) The state police department and the Indiana professional
	90	+	25 licensing agency shall enter into a memorandum of understanding to
	91	+	26 provide data exchange and data matching regarding licensees who are
	92	+	27 charged with or convicted of an offense.
	93	+	28 (d) The state police department and the Indiana board of
	94	+	29 veterinary medicine established by IC 25-38.1-2-1 shall enter into
	95	+	30 a memorandum of understanding to provide data exchange and
	96	+	31 data matching regarding licensees who are charged with or
	97	+	32 convicted of an offense.
	98	+	33 (d) (e) Personal information data exchanged under subsection (c)
	99	+	34 shall be kept confidential and may be used only for the purposes of a
	100	+	35 government agency, including the following:
	101	+	36 (1) A prosecuting attorney.
	102	+	37 (2) The Indiana professional licensing agency or a board,
	103	+	38 committee, or commission administered by the Indiana
	104	+	39 professional licensing agency.
	105	+	40 (3) A court.
	106	+	41 (4) A law enforcement agency.
	107	+	42 (5) The office of the attorney general.
	108	+	ES 104—LS 6364/DI 153 3
	109	+	1 (6) The Indiana board of veterinary medicine established by
	110	+	2 IC 25-38.1-2-1.
	111	+	3 SECTION 3. IC 25-1-2-11 IS ADDED TO THE INDIANA CODE
	112	+	4 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	113	+	5 1, 2024]: Sec. 11. (a) As used in this section, "board" refers to the
	114	+	6 Indiana board of veterinary medicine established by
	115	+	7 IC 25-38.1-2-1.
	116	+	8 (b) As used in this section, "license or registration certificate"
	117	+	9 means a license or registration certificate issued by the board
	118	+	10 under IC 25-38.1.
	119	+	11 (c) As used in this section, "practitioner" means an individual
	120	+	12 who holds a license or registration certificate.
	121	+	13 (d) After December 31, 2024, a practitioner must provide the
	122	+	14 following information when renewing the practitioner's license or
	123	+	15 registration certificate electronically:
	124	+	16 (1) The practitioner's specialty or field of practice.
	125	+	17 (2) The practitioner's current:
	126	+	18 (A) business address or location;
	127	+	19 (B) practice setting type;
	128	+	20 (C) average hours worked per week;
	129	+	21 (D) average distance traveled between patients (if
	130	+	22 applicable); and
	131	+	23 (E) type of services provided.
	132	+	24 (3) The practitioner's educational background and training.
	133	+	25 (4) The approximate outstanding balance of student loans
	134	+	26 taken out by the practitioner to finance veterinary or
	135	+	27 veterinary technician schooling.
	136	+	28 (5) Whether the practitioner currently delivers veterinary
	137	+	29 services through telehealth (as defined in IC 25-1-9.5-6).
	138	+	30 (e) After December 31, 2024, a notice of renewal sent under this
	139	+	31 chapter to a practitioner must notify the practitioner of the
	140	+	32 requirements of subsection (d).
	141	+	33 (f) Not later than December 31 of each year, the board shall do
	142	+	34 the following:
	143	+	35 (1) Compile the information collected under this section into
	144	+	36 a report.
	145	+	37 (2) Post the report compiled under subdivision (1) on the
	146	+	38 board's website.
	147	+	39 (g) A report compiled under subsection (f) may not contain
	148	+	40 personal identifying information.
	149	+	41 SECTION 4. IC 25-38.1-3-13, AS AMENDED BY P.L.58-2008,
	150	+	42 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	151	+	ES 104—LS 6364/DI 153 4
	152	+	1 JULY 1, 2024]: Sec. 13. (a) An individual who:
	153	+	2 (1) practices veterinary medicine after the individual's license has
	154	+	3 expired, been revoked, or been placed on inactive status; or
	155	+	4 (2) acts as a registered veterinary technician after the individual's
	156	+	5 registration has expired, been revoked, or been placed on inactive
	157	+	6 status;
	158	+	7 violates this article.
	159	+	8 (b) In accordance with IC 25-1-8-6(c), a veterinarian may renew
	160	+	9 an expired license or a registered veterinary technician may renew an
	161	+	10 expired registration certificate not later than five (5) three (3) years
	162	+	11 after the date of expiration by making written application for renewal
	163	+	12 and paying the required fee. fees. However, the board may require
	164	+	13 continuing education as a condition of renewal of an expired license.
	165	+	14 (c) In accordance with IC 25-1-8-6(d), a veterinarian may not
	166	+	15 renew an expired license and or a registered veterinary technician may
	167	+	16 not renew an expired registration certificate after more than five (5)
	168	+	17 three (3) years have elapsed after the date of the expiration of a license
	169	+	18 or a registration certificate by making written application for
	170	+	19 renewal and paying the required fees. but the person may make
	171	+	20 application for a new license or registration certificate and take the
	172	+	21 appropriate examinations. However, the board may require as a
	173	+	22 condition of renewal of an expired license or registration certificate
	174	+	23 that the applicant:
	175	+	24 (1) appear before the board;
	176	+	25 (2) complete:
	177	+	26 (A) continuing education; or
	178	+	27 (B) remediation and additional training; or
	179	+	28 (3) practice in consultation with or under the supervision of
	180	+	29 a licensed veterinarian;
	181	+	30 as deemed appropriate by the board given the lapse of time
	182	+	31 involved.
	183	+	32 (d) To have a license or registration placed on inactive status, a
	184	+	33 licensed veterinarian or registered veterinarian technician must notify
	185	+	34 the board in writing of the veterinarian's or technician's desire to have
	186	+	35 the license or registration placed on inactive status. The board shall
	187	+	36 waive the continuing education requirements, if any, and payment of
	188	+	37 the renewal fee during the period the license or registration of a
	189	+	38 veterinarian or technician is on inactive status. A license or registration
	190	+	39 may be placed on inactive status during the period:
	191	+	40 (1) the veterinarian or technician is on active duty with any
	192	+	41 branch of the armed services of the United States;
	193	+	42 (2) the veterinarian or technician is in the Peace Corps;
	194	+	ES 104—LS 6364/DI 153 5
	195	+	1 (3) the veterinarian or technician is in an alternative service
	196	+	2 during a time of national emergency;
	197	+	3 (4) the veterinarian or technician is suffering from a severe
	198	+	4 medical condition that prevents the veterinarian or technician
	199	+	5 from meeting the requirements of the board; or
	200	+	6 (5) after the veterinarian or technician retires.
	201	+	7 A veterinarian or technician who is retired and on inactive status may
	202	+	8 not maintain an office or practice veterinary medicine. The board may
	203	+	9 adopt rules under IC 4-22-2 that establish prerequisites or conditions
	204	+	10 for the reactivation of an inactive license or registration.
	205	+	11 SECTION 5. IC 35-48-3-3, AS AMENDED BY P.L.185-2013,
	206	+	12 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	207	+	13 JULY 1, 2024]: Sec. 3. (a) Every person who manufactures or
	208	+	14 distributes any controlled substance within this state or who proposes
	209	+	15 to engage in the manufacture or distribution of any controlled
	210	+	16 substance within this state, must obtain biennially a registration issued
	211	+	17 by the board in accordance with the board's rules.
	212	+	18 (b) Except as provided in subsection (i), every person who
	213	+	19 dispenses or proposes to dispense any controlled substance within
	214	+	20 Indiana must have a registration issued by the board in accordance with
	215	+	21 the board's rules. A registration issued to a dispenser under this
	216	+	22 subsection expires whenever the dispenser's license as a practitioner
	217	+	23 expires. The board shall renew a dispenser's registration under this
	218	+	24 subsection concurrently with any state license authorizing the dispenser
	219	+	25 to act as a practitioner.
	220	+	26 (c) This subsection is effective January 1, 2014. An owner must
	221	+	27 have a registration issued by the board in accordance with the board's
	222	+	28 rules. An owner shall adopt reasonable procedures to ensure that
	223	+	29 employed or contracted individuals who are dispensing controlled
	224	+	30 substances in the office, facility, clinic, or location owned or controlled
	225	+	31 by the owner dispense the controlled substances in a manner that
	226	+	32 complies with laws, rules, and regulations.
	227	+	33 (d) Persons registered by the board under this article to manufacture,
	228	+	34 distribute, dispense, or conduct research with controlled substances
	229	+	35 may possess, manufacture, distribute, dispense, or conduct research
	230	+	36 with those substances to the extent authorized by their registration and
	231	+	37 in conformity with the other provisions of this chapter.
	232	+	38 (e) The following persons need not register and may lawfully
	233	+	39 possess controlled substances under this article:
	234	+	40 (1) An agent or employee of any registered manufacturer,
	235	+	41 distributor, or dispenser of any controlled substance if the agent
	236	+	42 or employee is acting in the usual course of the agent's or
	237	+	ES 104—LS 6364/DI 153 6
	238	+	1 employee's business or employment.
	239	+	2 (2) A common or contract carrier or warehouseman, or an
	240	+	3 employee thereof, whose possession of any controlled substance
	241	+	4 is in the usual course of business or employment.
	242	+	5 (3) An ultimate user or a person in possession of any controlled
	243	+	6 substance under a lawful order of a practitioner or in lawful
	244	+	7 possession of a schedule V substance.
	245	+	8 (f) The board may waive by rule the requirement for registration of
	246	+	9 certain manufacturers, distributors, or dispensers if it finds it consistent
	247	+	10 with the public health and safety.
	248	+	11 (g) Except as provided in subsections (h) and (i), a separate
	249	+	12 registration is required at each principal place of business or
	250	+	13 professional practice where the applicant:
	251	+	14 (1) manufactures, distributes, dispenses, or possesses controlled
	252	+	15 substances; and
	253	+	16 (2) employs or contracts with individuals to dispense controlled
	254	+	17 substances. This subdivision is effective January 1, 2014.
	255	+	18 (h) A person licensed to practice veterinary medicine in Indiana
	256	+	19 holding an Indiana controlled substance registration is not
	257	+	20 required to obtain a separate registration to possess or dispense
	258	+	21 controlled substances in the usual course of veterinary practice at
	259	+	22 a site, so long as the site is not a principal place of business or
	260	+	23 professional practice.
	261	+	24 (i) A person licensed to practice veterinary medicine in another
	262	+	25 state holding a federal controlled substance registration is not
	263	+	26 required to obtain an Indiana controlled substance registration to
	264	+	27 possess or dispense controlled substances in the usual course of
	265	+	28 veterinary practice at a site in Indiana, so long as the site is not a
	266	+	29 principal place of business or professional practice and the
	267	+	30 veterinarian is licensed to practice veterinary medicine in Indiana.
	268	+	31 (h) (j) The board may inspect the establishment of a registrant or
	269	+	32 applicant for registration in accordance with the board's rules.
	270	+	33 (i) (k) Beginning January 1, 2014, the attorney general may file a
	271	+	34 petition in circuit or superior court to obtain an injunction against a
	272	+	35 violation of this chapter by an owner. In an action filed by the attorney
	273	+	36 general under this subsection, the court may:
	274	+	37 (1) issue an injunction;
	275	+	38 (2) order the owner to pay a civil penalty not to exceed five
	276	+	39 thousand dollars ($5,000);
	277	+	40 (3) order the owner to pay the state the reasonable costs of the
	278	+	41 attorney general's investigation and prosecution related to the
	279	+	42 action; and
	280	+	ES 104—LS 6364/DI 153 7
	281	+	1 (4) provide the appointment of a receiver.
	282	+	ES 104—LS 6364/DI 153 8
	283	+	COMMITTEE REPORT
	284	+	Madam President: The Senate Committee on Agriculture, to which
	285	+	was referred Senate Bill No. 104, has had the same under consideration
	286	+	and begs leave to report the same back to the Senate with the
	287	+	recommendation that said bill DO PASS.
	288	+	(Reference is to SB 104 as introduced.)
	289	+
	290	+	LEISING, Chairperson
	291	+	Committee Vote: Yeas 7, Nays 0
	292	+	_____
	293	+	COMMITTEE REPORT
	294	+	Mr. Speaker: Your Committee on Agriculture and Rural
	295	+	Development, to which was referred Senate Bill 104, has had the same
	296	+	under consideration and begs leave to report the same back to the
	297	+	House with the recommendation that said bill do pass.
	298	+	(Reference is to SB 104 as printed January 23, 2024.)
	299	+	AYLESWORTH
	300	+	Committee Vote: Yeas 11, Nays 0
	301	+	ES 104—LS 6364/DI 153