Indiana 2024 Regular Session

Indiana Senate Bill SB0166 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 166
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 25-23.6.
7	7	Synopsis: Behavioral health and human services professionals.
8	8	Specifies that statutes concerning behavioral health and human services
9	9	professionals may not be construed to limit social work or clinical
10	10	social work services performed by an employee or staff member of a
11	11	community mental health center. Removes board approval to take a
12	12	licensure examination as a requirement for a temporary permit to
13	13	profess to be a clinical social worker, marriage and family therapist,
14	14	mental health counselor, licensed addiction counselor, or licensed
15	15	clinical addiction counselor.
16	16	Effective: July 1, 2024.
17	17	Alting, Crider, Becker
18	18	January 8, 2024, read first time and referred to Committee on Health and Provider
19	19	Services.
20	20	2024 IN 166—LS 6549/DI 147 Introduced
21	21	Second Regular Session of the 123rd General Assembly (2024)
22	22	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
23	23	Constitution) is being amended, the text of the existing provision will appear in this style type,
24	24	additions will appear in this style type, and deletions will appear in this style type.
25	25	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
26	26	provision adopted), the text of the new provision will appear in this style type. Also, the
27	27	word NEW will appear in that style type in the introductory clause of each SECTION that adds
28	28	a new provision to the Indiana Code or the Indiana Constitution.
29	29	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
30	30	between statutes enacted by the 2023 Regular Session of the General Assembly.
31	31	SENATE BILL No. 166
32	32	A BILL FOR AN ACT to amend the Indiana Code concerning
33	33	professions and occupations.
34	34	Be it enacted by the General Assembly of the State of Indiana:
35	35	1 SECTION 1. IC 25-23.6-4-2, AS AMENDED BY P.L.211-2019,
36	36	2 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37	37	3 JULY 1, 2024]: Sec. 2. (a) This article may not be construed to limit
38	38	4 the social work or clinical social work services performed by a person
39	39	5 who does not use a title specified in this article and who is one (1) of
40	40	6 the following:
41	41	7 (1) A licensed health care professional acting within the scope of
42	42	8 the person's license.
43	43	9 (2) A student, an intern, or a trainee pursuing a course of study in
44	44	10 medicine, psychology, or a course of study to gain licensure under
45	45	11 this article in an accredited eligible postsecondary educational
46	46	12 institution or training institution accredited by the Council on
47	47	13 Social Work Education, or a graduate accumulating experience
48	48	14 required for licensure if:
49	49	15 (A) the services are performed under qualified supervision and
50	50	16 constitute a part of the person's supervised course of study or
51	51	17 other level of supervision; and
52	52	2024 IN 166—LS 6549/DI 147 2
53	53	1 (B) the student or graduate uses a title that contains the term
54	54	2 "intern", "student", or "trainee".
55	55	3 (3) Not a resident of Indiana if the person performed social work
56	56	4 in Indiana for not more than five (5) days in any one (1) month or
57	57	5 more than fifteen (15) days in any one (1) calendar year and the
58	58	6 person is authorized to perform such services under the laws of
59	59	7 the state or country in which the person resides.
60	60	8 (4) A rabbi, priest, Christian Science practitioner, minister, or
61	61	9 other member of the clergy.
62	62	10 (5) An employee or a volunteer for an organization performing
63	63	11 charitable, religious, or educational functions, providing pastoral
64	64	12 counseling, or other assistance.
65	65	13 (6) A person who provides school counseling.
66	66	14 (7) A governmental employee (as defined in IC 25-23.6-1-3.9).
67	67	15 (8) An individual providing services under a contract with the
68	68	16 department of child services who:
69	69	17 (A) is employed by an organization that is nationally
70	70	18 accredited and in good standing by the Joint Commission,
71	71	19 Council on Accreditation, or the Commission on Accreditation
72	72	20 of Rehabilitation Facilities;
73	73	21 (B) is directly supervised by a licensed individual who is:
74	74	22 (i) licensed under IC 25-23.6-2, as a social worker, clinical
75	75	23 social worker, mental health counselor, mental health
76	76	24 counselor associate, marriage and family therapist, or
77	77	25 marriage and family therapist associate, and acting within
78	78	26 the scope of the individual's license;
79	79	27 (ii) licensed as a psychologist under IC 25-33 and acting
80	80	28 within the scope of the individual's license; or
81	81	29 (iii) licensed as a physician under IC 25-22.5 who is actively
82	82	30 engaged in the practice of psychiatry and acting within the
83	83	31 scope of the individual's license; and
84	84	32 (C) meets any additional requirements established by the
85	85	33 department of child services.
86	86	34 (9) An individual providing services under a contract with the
87	87	35 department of child services who:
88	88	36 (A) has completed a bachelor's degree in social work from:
89	89	37 (i) an eligible postsecondary educational institution that is
90	90	38 accredited or approved for candidacy by the Council on
91	91	39 Social Work Education or approved by the behavioral health
92	92	40 and human services licensing board; or
93	93	41 (ii) a foreign school that has a program of study that is
94	94	42 approved by the Foreign Equivalency Determination Service
95	95	2024 IN 166—LS 6549/DI 147 3
96	96	1 of the Council on Social Work Education; and
97	97	2 (B) is employed in a position for which the department of child
98	98	3 services has specified that the job may be filled by individuals
99	99	4 who have completed a bachelor-level degree in social work or
100	100	5 other human services fields but do not need to be licensed.
101	101	6 (10) An employee or staff member of a community mental
102	102	7 health center.
103	103	8 (b) Nothing in this section prohibits a person referred to in
104	104	9 subsection (a) from qualifying for licensure under this article.
105	105	10 SECTION 2. IC 25-23.6-5-11, AS AMENDED BY P.L.195-2018,
106	106	11 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
107	107	12 JULY 1, 2024]: Sec. 11. (a) The board may issue a temporary permit
108	108	13 to an individual to profess to be a clinical social worker if the
109	109	14 individual pays a fee and the individual:
110	110	15 (1) has a valid license or certificate to practice from another state
111	111	16 and the individual has passed an examination substantially
112	112	17 equivalent to the level for which licensure is being requested;
113	113	18 (2) is practicing in a state that does not license or certify social
114	114	19 workers or clinical social workers, but is certified by a national
115	115	20 association approved by the board and the individual has applied
116	116	21 for a license from the board; or
117	117	22 (3) has been approved by the board to take the examination and
118	118	23 has graduated from a school or program approved by the board
119	119	24 and the individual has completed any experience requirement.
120	120	25 (b) A temporary permit expires the earlier of:
121	121	26 (1) the date the individual holding the permit is issued a license
122	122	27 under this article;
123	123	28 (2) the date the board disapproves the individual's license
124	124	29 application; or
125	125	30 (3) one hundred eighty (180) days after the initial permit is issued.
126	126	31 (c) The board may renew a temporary permit if the individual
127	127	32 holding the permit was scheduled to take the next examination and the
128	128	33 individual:
129	129	34 (1) did not take the examination; and
130	130	35 (2) shows good cause for not taking the examination.
131	131	36 (d) A permit renewed under subsection (c) expires on the date the
132	132	37 individual holding the permit receives the results from the next
133	133	38 examination given after the permit was issued, and may not be
134	134	39 extended if the applicant has failed the examination.
135	135	40 SECTION 3. IC 25-23.6-8-10 IS AMENDED TO READ AS
136	136	41 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) The board may
137	137	42 issue a temporary permit to an individual to profess to be a marriage
138	138	2024 IN 166—LS 6549/DI 147 4
139	139	1 and family therapist if the individual pays a fee and the individual:
140	140	2 (1) has a valid license or certificate to practice from another state
141	141	3 and the individual has applied for a license from the board;
142	142	4 (2) is practicing in a state that does not license or certify marriage
143	143	5 and family therapists, but is certified by a national association
144	144	6 approved by the board and the individual has applied for a license
145	145	7 from the board; or
146	146	8 (3) has been approved by the board to take the examination and
147	147	9 has graduated from a school or program approved by the board
148	148	10 and the individual has completed any experience requirement.
149	149	11 (b) A temporary permit expires the earlier of:
150	150	12 (1) the date the individual holding the permit is issued a license
151	151	13 under this article;
152	152	14 (2) the date the board disapproves the individual's license
153	153	15 application; or
154	154	16 (3) one hundred eighty (180) days after the initial permit is issued.
155	155	17 (c) The board may renew a temporary permit if the individual
156	156	18 holding the permit was scheduled to take the next examination and the
157	157	19 individual:
158	158	20 (1) did not take the examination; and
159	159	21 (2) shows good cause for not taking the examination.
160	160	22 (d) A permit renewed under subsection (c) expires on the date the
161	161	23 individual holding the permit receives the results from the next
162	162	24 examination given after the permit was issued.
163	163	25 SECTION 4. IC 25-23.6-8.5-10 IS AMENDED TO READ AS
164	164	26 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) The board may
165	165	27 issue a temporary permit to an individual to profess to be a mental
166	166	28 health counselor if the individual pays a fee and the individual:
167	167	29 (1) has a valid license or certificate to practice from another state
168	168	30 and the individual has applied for a license from the board;
169	169	31 (2) is practicing in a state that does not license or certify mental
170	170	32 health counselors, but is certified by a national association
171	171	33 approved by the board and the individual has applied for a license
172	172	34 from the board; or
173	173	35 (3) has been approved by the board to take the examination and
174	174	36 has graduated from a school or program approved by the board
175	175	37 and the individual has completed any experience requirement.
176	176	38 (b) A temporary permit expires the earlier of:
177	177	39 (1) the date the individual holding the permit is issued a license
178	178	40 under this article; or
179	179	41 (2) the date the board disapproves the individual's license
180	180	42 application.
181	181	2024 IN 166—LS 6549/DI 147 5
182	182	1 (c) The board may renew a temporary permit if the individual
183	183	2 holding the permit was scheduled to take the next examination and the
184	184	3 individual:
185	185	4 (1) did not take the examination; and
186	186	5 (2) shows good cause for not taking the examination.
187	187	6 (d) A permit renewed under subsection (c) expires on the date the
188	188	7 individual holding the permit receives the results from the next
189	189	8 examination given after the permit was issued.
190	190	9 SECTION 5. IC 25-23.6-10.5-10, AS ADDED BY P.L.122-2009,
191	191	10 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
192	192	11 JULY 1, 2024]: Sec. 10. (a) The board may issue a temporary permit
193	193	12 to allow an individual to profess to be a licensed addiction counselor
194	194	13 or licensed clinical addiction counselor if the individual pays a fee
195	195	14 established by the board and the individual:
196	196	15 (1) has a valid license or certificate to practice from another state
197	197	16 and the individual has applied for a license from the board;
198	198	17 (2) is practicing in a state that does not license addiction
199	199	18 counselors or therapists but is certified by a national association
200	200	19 approved by the board and the individual has applied for a license
201	201	20 from the board; or
202	202	21 (3) has been approved by the board to take the examination and
203	203	22 has graduated from a school or program approved by the board
204	204	23 and the individual has completed any experience requirement.
205	205	24 (b) A temporary permit issued under this section expires the earliest
206	206	25 of:
207	207	26 (1) the date the individual holding the permit is issued a license
208	208	27 under this article;
209	209	28 (2) the date the board disapproves the individual's license
210	210	29 application; or
211	211	30 (3) one hundred eighty (180) days after the initial permit is issued.
212	212	31 (c) The board may renew a temporary permit if the individual
213	213	32 holding the permit is scheduled to take the next examination and the
214	214	33 individual:
215	215	34 (1) does not take the examination; and
216	216	35 (2) shows good cause for not taking the examination.
217	217	36 (d) A permit renewed under subsection (c) expires on the date the
218	218	37 individual holding the permit receives the results from the next
219	219	38 examination given after the permit was issued.
220	220	2024 IN 166—LS 6549/DI 147