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.
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provision adopted), the text of the new provision will appear in this style type. Also, the
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 104
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 25-1-1.1-4, AS AMENDED BY P.L.3-2014,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. (a) This section applies to an individual who is
applying for, or will be applying for, an initial license or an initial
certificate under one (1) of the occupations or professions described in
IC 25-0.5-1.
(b) As used in this chapter, "national criminal history background
check" means the criminal history record system maintained by the
Federal Bureau of Investigation based on fingerprint identification or
any other method of positive identification.
(c) An individual applying for an initial license or initial certificate
specified in subsection (a) shall submit to a national criminal history
background check at the cost of the individual.
(d) The state police department shall release the results of a national
criminal history background check conducted under this section to:
(1) the Indiana professional licensing agency; or
(2) for a license or certificate issued under IC 25-38.1, the
following:
(A) The chief administrative officer of the board of
veterinary medicine.
(B) An authorized agent of the chief administrative officer
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described in clause (A).
(e) A board, a commission, or a committee may conduct a random
audit and require an individual seeking a renewal of a license or a
certificate specified in subsection (a) to submit to a national criminal
history background check at the cost of the individual.
SECTION 2. IC 25-1-1.1-5, AS ADDED BY P.L.155-2011,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 5. (a) As used in this section, "licensee" refers to
an individual who is licensed or certified in a profession set forth in
section 4 of this chapter.
(b) As used in this section, "personal information" means
information that identifies an individual, including the following:
(1) Photograph.
(2) Social Security number.
(3) Driver's license number or identification card number.
(4) Name.
(5) Address.
(6) Telephone number.
(7) Fingerprints.
(c) The state police department and the Indiana professional
licensing agency shall enter into a memorandum of understanding to
provide data exchange and data matching regarding licensees who are
charged with or convicted of an offense.
(d) The state police department and the Indiana board of
veterinary medicine established by IC 25-38.1-2-1 shall enter into
a memorandum of understanding to provide data exchange and
data matching regarding licensees who are charged with or
convicted of an offense.
(d) (e) Personal information data exchanged under subsection (c)
shall be kept confidential and may be used only for the purposes of a
government agency, including the following:
(1) A prosecuting attorney.
(2) The Indiana professional licensing agency or a board,
committee, or commission administered by the Indiana
professional licensing agency.
(3) A court.
(4) A law enforcement agency.
(5) The office of the attorney general.
(6) The Indiana board of veterinary medicine established by
IC 25-38.1-2-1.
SECTION 3. IC 25-1-2-11 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
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1, 2024]: Sec. 11. (a) As used in this section, "board" refers to the
Indiana board of veterinary medicine established by
IC 25-38.1-2-1.
(b) As used in this section, "license or registration certificate"
means a license or registration certificate issued by the board
under IC 25-38.1.
(c) As used in this section, "practitioner" means an individual
who holds a license or registration certificate.
(d) After December 31, 2024, a practitioner must provide the
following information when renewing the practitioner's license or
registration certificate electronically:
(1) The practitioner's specialty or field of practice.
(2) The practitioner's current:
(A) business address or location;
(B) practice setting type;
(C) average hours worked per week;
(D) average distance traveled between patients (if
applicable); and
(E) type of services provided.
(3) The practitioner's educational background and training.
(4) The approximate outstanding balance of student loans
taken out by the practitioner to finance veterinary or
veterinary technician schooling.
(5) Whether the practitioner currently delivers veterinary
services through telehealth (as defined in IC 25-1-9.5-6).
(e) After December 31, 2024, a notice of renewal sent under this
chapter to a practitioner must notify the practitioner of the
requirements of subsection (d).
(f) Not later than December 31 of each year, the board shall do
the following:
(1) Compile the information collected under this section into
a report.
(2) Post the report compiled under subdivision (1) on the
board's website.
(g) A report compiled under subsection (f) may not contain
personal identifying information.
SECTION 4. IC 25-38.1-3-13, AS AMENDED BY P.L.58-2008,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 13. (a) An individual who:
(1) practices veterinary medicine after the individual's license has
expired, been revoked, or been placed on inactive status; or
(2) acts as a registered veterinary technician after the individual's
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registration has expired, been revoked, or been placed on inactive
status;
violates this article.
(b) In accordance with IC 25-1-8-6(c), a veterinarian may renew
an expired license or a registered veterinary technician may renew an
expired registration certificate not later than five (5) three (3) years
after the date of expiration by making written application for renewal
and paying the required fee. fees. However, the board may require
continuing education as a condition of renewal of an expired license.
(c) In accordance with IC 25-1-8-6(d), a veterinarian may not
renew an expired license and or a registered veterinary technician may
not renew an expired registration certificate after more than five (5)
three (3) years have elapsed after the date of the expiration of a license
or a registration certificate by making written application for
renewal and paying the required fees. but the person may make
application for a new license or registration certificate and take the
appropriate examinations. However, the board may require as a
condition of renewal of an expired license or registration certificate
that the applicant:
(1) appear before the board;
(2) complete:
(A) continuing education; or
(B) remediation and additional training; or
(3) practice in consultation with or under the supervision of
a licensed veterinarian;
as deemed appropriate by the board given the lapse of time
involved.
(d) To have a license or registration placed on inactive status, a
licensed veterinarian or registered veterinarian technician must notify
the board in writing of the veterinarian's or technician's desire to have
the license or registration placed on inactive status. The board shall
waive the continuing education requirements, if any, and payment of
the renewal fee during the period the license or registration of a
veterinarian or technician is on inactive status. A license or registration
may be placed on inactive status during the period:
(1) the veterinarian or technician is on active duty with any
branch of the armed services of the United States;
(2) the veterinarian or technician is in the Peace Corps;
(3) the veterinarian or technician is in an alternative service
during a time of national emergency;
(4) the veterinarian or technician is suffering from a severe
medical condition that prevents the veterinarian or technician
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from meeting the requirements of the board; or
(5) after the veterinarian or technician retires.
A veterinarian or technician who is retired and on inactive status may
not maintain an office or practice veterinary medicine. The board may
adopt rules under IC 4-22-2 that establish prerequisites or conditions
for the reactivation of an inactive license or registration.
SECTION 5. IC 35-48-3-3, AS AMENDED BY P.L.185-2013,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. (a) Every person who manufactures or
distributes any controlled substance within this state or who proposes
to engage in the manufacture or distribution of any controlled
substance within this state, must obtain biennially a registration issued
by the board in accordance with the board's rules.
(b) Except as provided in subsection (i), every person who
dispenses or proposes to dispense any controlled substance within
Indiana must have a registration issued by the board in accordance with
the board's rules. A registration issued to a dispenser under this
subsection expires whenever the dispenser's license as a practitioner
expires. The board shall renew a dispenser's registration under this
subsection concurrently with any state license authorizing the dispenser
to act as a practitioner.
(c) This subsection is effective January 1, 2014. An owner must
have a registration issued by the board in accordance with the board's
rules. An owner shall adopt reasonable procedures to ensure that
employed or contracted individuals who are dispensing controlled
substances in the office, facility, clinic, or location owned or controlled
by the owner dispense the controlled substances in a manner that
complies with laws, rules, and regulations.
(d) Persons registered by the board under this article to manufacture,
distribute, dispense, or conduct research with controlled substances
may possess, manufacture, distribute, dispense, or conduct research
with those substances to the extent authorized by their registration and
in conformity with the other provisions of this chapter.
(e) The following persons need not register and may lawfully
possess controlled substances under this article:
(1) An agent or employee of any registered manufacturer,
distributor, or dispenser of any controlled substance if the agent
or employee is acting in the usual course of the agent's or
employee's business or employment.
(2) A common or contract carrier or warehouseman, or an
employee thereof, whose possession of any controlled substance
is in the usual course of business or employment.
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(3) An ultimate user or a person in possession of any controlled
substance under a lawful order of a practitioner or in lawful
possession of a schedule V substance.
(f) The board may waive by rule the requirement for registration of
certain manufacturers, distributors, or dispensers if it finds it consistent
with the public health and safety.
(g) Except as provided in subsections (h) and (i), a separate
registration is required at each principal place of business or
professional practice where the applicant:
(1) manufactures, distributes, dispenses, or possesses controlled
substances; and
(2) employs or contracts with individuals to dispense controlled
substances. This subdivision is effective January 1, 2014.
(h) A person licensed to practice veterinary medicine in Indiana
holding an Indiana controlled substance registration is not
required to obtain a separate registration to possess or dispense
controlled substances in the usual course of veterinary practice at
a site, so long as the site is not a principal place of business or
professional practice.
(i) A person licensed to practice veterinary medicine in another
state holding a federal controlled substance registration is not
required to obtain an Indiana controlled substance registration to
possess or dispense controlled substances in the usual course of
veterinary practice at a site in Indiana, so long as the site is not a
principal place of business or professional practice and the
veterinarian is licensed to practice veterinary medicine in Indiana.
(h) (j) The board may inspect the establishment of a registrant or
applicant for registration in accordance with the board's rules.
(i) (k) Beginning January 1, 2014, the attorney general may file a
petition in circuit or superior court to obtain an injunction against a
violation of this chapter by an owner. In an action filed by the attorney
general under this subsection, the court may:
(1) issue an injunction;
(2) order the owner to pay a civil penalty not to exceed five
thousand dollars ($5,000);
(3) order the owner to pay the state the reasonable costs of the
attorney general's investigation and prosecution related to the
action; and
(4) provide the appointment of a receiver.
SEA 104 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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