Indiana 2025 Regular Session

Indiana House Bill HB1167 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1167.1
	2	+	March 19, 2025
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1167
	5	+	_____
	6	+	DIGEST OF HB 1167 (Updated March 18, 2025 9:14 am - DI 140)
	7	+	Citations Affected: IC 16-31; IC 22-15; IC 25-1; IC 35-48.
	8	+	Synopsis: Exceptions to paraphernalia statutes. Provides that the
	9	+	controlled substance paraphernalia statutes do not apply to items
	10	+	marketed to detect the presence of a drug or controlled substance.
	11	+	Effective: July 1, 2025.
	12	+	Meltzer, Garcia Wilburn,
	13	+	Zimmerman, Shackleford
	14	+	(SENATE SPONSORS — CLARK, JOHNSON T)
	15	+	January 8, 2025, read first time and referred to Committee on Courts and Criminal Code.
	16	+	January 21, 2025, amended, reported — Do Pass.
	17	+	January 27, 2025, read second time, ordered engrossed.
	18	+	January 28, 2025, engrossed. Read third time, passed. Yeas 91, nays 2.
	19	+	SENATE ACTION
	20	+	February 18, 2025, read first time and referred to Committee on Corrections and Criminal
	21	+	Law.
	22	+	March 18, 2025, reported favorably — Do Pass.
	23	+	EH 1167—LS 6066/DI 151 March 19, 2025
1	24		First Regular Session of the 124th General Assembly (2025)
2	25		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	26		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	27		additions will appear in this style type, and deletions will appear in this style type.
5	28		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	29		provision adopted), the text of the new provision will appear in this style type. Also, the
7	30		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	31		a new provision to the Indiana Code or the Indiana Constitution.
9	32		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	33		between statutes enacted by the 2024 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1167
12		-	AN ACT to amend the Indiana Code concerning criminal law and
13		-	procedure.
	34	+	ENGROSSED
	35	+	HOUSE BILL No. 1167
	36	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	37	+	criminal law and procedure.
14	38		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 16-31-3-14, AS AMENDED BY P.L.170-2022,
	39	+	1 SECTION 1. IC 16-31-3-14, AS AMENDED BY P.L.170-2022,
	40	+	2 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	41	+	3 JULY 1, 2025]: Sec. 14. (a) A person holding a certificate or license
	42	+	4 issued under this article must comply with the applicable standards and
	43	+	5 rules established under this article. A certificate holder or license
	44	+	6 holder is subject to disciplinary sanctions under subsection (b) if the
	45	+	7 department of homeland security determines that the certificate holder
	46	+	8 or license holder:
	47	+	9 (1) engaged in or knowingly cooperated in fraud or material
	48	+	10 deception in order to obtain a certificate or license, including
	49	+	11 cheating on a certification or licensure examination;
	50	+	12 (2) engaged in fraud or material deception in the course of
	51	+	13 professional services or activities;
	52	+	14 (3) advertised services or goods in a false or misleading manner;
	53	+	15 (4) falsified or knowingly allowed another person to falsify
	54	+	16 attendance records or certificates of completion of continuing
	55	+	17 education courses required under this article or rules adopted
	56	+	EH 1167—LS 6066/DI 151 2
	57	+	1 under this article;
	58	+	2 (5) is convicted of a crime, if the act that resulted in the
	59	+	3 conviction has a direct bearing on determining if the certificate
	60	+	4 holder or license holder should be entrusted to provide emergency
	61	+	5 medical services;
	62	+	6 (6) is convicted of violating IC 9-19-14.5;
	63	+	7 (7) fails to comply and maintain compliance with or violates any
	64	+	8 applicable provision, standard, or other requirement of this article
	65	+	9 or rules adopted under this article;
	66	+	10 (8) continues to practice if the certificate holder or license holder
	67	+	11 becomes unfit to practice due to:
	68	+	12 (A) professional incompetence that includes the undertaking
	69	+	13 of professional activities that the certificate holder or license
	70	+	14 holder is not qualified by training or experience to undertake;
	71	+	15 (B) failure to keep abreast of current professional theory or
	72	+	16 practice;
	73	+	17 (C) physical or mental disability; or
	74	+	18 (D) addiction to, abuse of, or dependency on alcohol or other
	75	+	19 drugs that endanger the public by impairing the certificate
	76	+	20 holder's or license holder's ability to practice safely;
	77	+	21 (9) engages in a course of lewd or immoral conduct in connection
	78	+	22 with the delivery of services to the public;
	79	+	23 (10) allows the certificate holder's or license holder's name or a
	80	+	24 certificate or license issued under this article to be used in
	81	+	25 connection with a person who renders services beyond the scope
	82	+	26 of that person's training, experience, or competence;
	83	+	27 (11) is subjected to disciplinary action in another state or
	84	+	28 jurisdiction on grounds similar to those contained in this chapter.
	85	+	29 For purposes of this subdivision, a certified copy of a record of
	86	+	30 disciplinary action constitutes prima facie evidence of a
	87	+	31 disciplinary action in another jurisdiction;
	88	+	32 (12) assists another person in committing an act that would
	89	+	33 constitute a ground for disciplinary sanction under this chapter;
	90	+	34 (13) allows a certificate or license issued by the commission to
	91	+	35 be:
	92	+	36 (A) used by another person; or
	93	+	37 (B) displayed to the public when the certificate or license is
	94	+	38 expired, inactive, invalid, revoked, or suspended; or
	95	+	39 (14) fails to notify the department in writing of any misdemeanor
	96	+	40 or felony criminal conviction, except traffic related misdemeanors
	97	+	41 other than operating a motor vehicle under the influence of a drug
	98	+	42 or alcohol, within ninety (90) days after the entry of an order or
	99	+	EH 1167—LS 6066/DI 151 3
	100	+	1 judgment. A certified copy of the order or judgment with a letter
	101	+	2 of explanation must be submitted to the department along with the
	102	+	3 written notice.
	103	+	4 (b) The department of homeland security may issue an order under
	104	+	5 IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if
	105	+	6 the department of homeland security determines that a certificate
	106	+	7 holder or license holder is subject to disciplinary sanctions under
	107	+	8 subsection (a):
	108	+	9 (1) Revocation of a certificate holder's certificate or license
	109	+	10 holder's license for a period not to exceed seven (7) years.
	110	+	11 (2) Suspension of a certificate holder's certificate or license
	111	+	12 holder's license for a period not to exceed seven (7) years.
	112	+	13 (3) Censure of a certificate holder or license holder.
	113	+	14 (4) Issuance of a letter of reprimand.
	114	+	15 (5) Assessment of a civil penalty against the certificate holder or
	115	+	16 license holder in accordance with the following:
	116	+	17 (A) The civil penalty may not exceed five hundred dollars
	117	+	18 ($500) per day per violation.
	118	+	19 (B) If the certificate holder or license holder fails to pay the
	119	+	20 civil penalty within the time specified by the department of
	120	+	21 homeland security, the department of homeland security may
	121	+	22 suspend the certificate holder's certificate or license holder's
	122	+	23 license without additional proceedings.
	123	+	24 (6) Placement of a certificate holder or license holder on
	124	+	25 probation status and requirement of the certificate holder or
	125	+	26 license holder to:
	126	+	27 (A) report regularly to the department of homeland security
	127	+	28 upon the matters that are the basis of probation;
	128	+	29 (B) limit practice to those areas prescribed by the department
	129	+	30 of homeland security;
	130	+	31 (C) continue or renew professional education approved by the
	131	+	32 department of homeland security until a satisfactory degree of
	132	+	33 skill has been attained in those areas that are the basis of the
	133	+	34 probation; or
	134	+	35 (D) perform or refrain from performing any acts, including
	135	+	36 community restitution or service without compensation, that
	136	+	37 the department of homeland security considers appropriate to
	137	+	38 the public interest or to the rehabilitation or treatment of the
	138	+	39 certificate holder or license holder.
	139	+	40 The department of homeland security may withdraw or modify
	140	+	41 this probation if the department of homeland security finds after
	141	+	42 a hearing that the deficiency that required disciplinary action is
	142	+	EH 1167—LS 6066/DI 151 4
	143	+	1 remedied or that changed circumstances warrant a modification
	144	+	2 of the order.
	145	+	3 (c) If an applicant or a certificate holder or license holder has
	146	+	4 engaged in or knowingly cooperated in fraud or material deception to
	147	+	5 obtain a certificate or license, including cheating on the certification or
	148	+	6 licensure examination, the department of homeland security may
	149	+	7 rescind the certificate or license if it has been granted, void the
	150	+	8 examination or other fraudulent or deceptive material, and prohibit the
	151	+	9 applicant from reapplying for the certificate or license for a length of
	152	+	10 time established by the department of homeland security.
	153	+	11 (d) The department of homeland security may deny certification or
	154	+	12 licensure to an applicant who would be subject to disciplinary sanctions
	155	+	13 under subsection (b) if that person were a certificate holder or license
	156	+	14 holder, has had disciplinary action taken against the applicant or the
	157	+	15 applicant's certificate or license to practice in another state or
	158	+	16 jurisdiction, or has practiced without a certificate or license in violation
	159	+	17 of the law. A certified copy of the record of disciplinary action is
	160	+	18 conclusive evidence of the other jurisdiction's disciplinary action.
	161	+	19 (e) The department of homeland security may order a certificate
	162	+	20 holder or license holder to submit to a reasonable physical or mental
	163	+	21 examination if the certificate holder's or license holder's physical or
	164	+	22 mental capacity to practice safely and competently is at issue in a
	165	+	23 disciplinary proceeding. Failure to comply with a department of
	166	+	24 homeland security order to submit to a physical or mental examination
	167	+	25 makes a certificate holder or license holder liable to temporary
	168	+	26 suspension under subsection (i).
	169	+	27 (f) Except as provided under subsection (a), subsection (g), and
	170	+	28 section 14.5 of this chapter, a certificate or license may not be denied,
	171	+	29 revoked, or suspended because the applicant, certificate holder, or
	172	+	30 license holder has been convicted of an offense. The acts from which
	173	+	31 the applicant's, certificate holder's, or license holder's conviction
	174	+	32 resulted may be considered as to whether the applicant or certificate
	175	+	33 holder or license holder should be entrusted to serve the public in a
	176	+	34 specific capacity.
	177	+	35 (g) The department of homeland security may deny, suspend, or
	178	+	36 revoke a certificate or license issued under this article if the individual
	179	+	37 who holds or is applying for the certificate or license is convicted of
	180	+	38 any of the following:
	181	+	39 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
	182	+	40 (2) Possession of methamphetamine under IC 35-48-4-6.1.
	183	+	41 (3) Possession of a controlled substance under IC 35-48-4-7(a).
	184	+	42 (4) Fraudulently obtaining a controlled substance under
	185	+	EH 1167—LS 6066/DI 151 5
	186	+	1 IC 35-48-4-7(c).
	187	+	2 (5) Manufacture of paraphernalia as a Class D felony (for a crime
	188	+	3 committed before July 1, 2014) or Level 6 felony (for a crime
	189	+	4 committed after June 30, 2014) under IC 35-48-4-8.1(b).
	190	+	5 IC 35-48-4-8.1(c).
	191	+	6 (6) Dealing in paraphernalia as a Class D felony (for a crime
	192	+	7 committed before July 1, 2014) or Level 6 felony (for a crime
	193	+	8 committed after June 30, 2014) under IC 35-48-4-8.5(b).
	194	+	9 (7) Possession of paraphernalia as a Class D felony (for a crime
	195	+	10 committed before July 1, 2014) or Level 6 felony (for a crime
	196	+	11 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
	197	+	12 its amendment on July 1, 2015).
	198	+	13 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
	199	+	14 D felony (for a crime committed before July 1, 2014) or Level 6
	200	+	15 felony (for a crime committed after June 30, 2014) under
	201	+	16 IC 35-48-4-11.
	202	+	17 (9) A felony offense under IC 35-48-4 involving:
	203	+	18 (A) possession of a synthetic drug (as defined in
	204	+	19 IC 35-31.5-2-321);
	205	+	20 (B) possession of a synthetic drug lookalike substance (as
	206	+	21 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
	207	+	22 2019)) as a:
	208	+	23 (i) Class D felony (for a crime committed before July 1,
	209	+	24 2014); or
	210	+	25 (ii) Level 6 felony (for a crime committed after June 30,
	211	+	26 2014);
	212	+	27 under IC 35-48-4-11.5 (before its repeal on July 1, 2019); or
	213	+	28 (C) possession of a controlled substance analog (as defined in
	214	+	29 IC 35-48-1-9.3).
	215	+	30 (10) Maintaining a common nuisance under IC 35-48-4-13
	216	+	31 (repealed) or IC 35-45-1-5, if the common nuisance involves a
	217	+	32 controlled substance.
	218	+	33 (11) An offense relating to registration, labeling, and prescription
	219	+	34 forms under IC 35-48-4-14.
	220	+	35 (h) A decision of the department of homeland security under
	221	+	36 subsections (b) through (g) may be appealed to the commission under
	222	+	37 IC 4-21.5-3-7.
	223	+	38 (i) The department of homeland security may temporarily suspend
	224	+	39 a certificate holder's certificate or license holder's license under
	225	+	40 IC 4-21.5-4 before a final adjudication or during the appeals process if
	226	+	41 the department of homeland security finds that a certificate holder or
	227	+	42 license holder would represent a clear and immediate danger to the
	228	+	EH 1167—LS 6066/DI 151 6
	229	+	1 public's health, safety, or property if the certificate holder or license
	230	+	2 holder were allowed to continue to practice.
	231	+	3 (j) On receipt of a complaint or information alleging that a person
	232	+	4 certified or licensed under this chapter or IC 16-31-3.5 has engaged in
	233	+	5 or is engaging in a practice that is subject to disciplinary sanctions
	234	+	6 under this chapter, the department of homeland security must initiate
	235	+	7 an investigation against the person.
	236	+	8 (k) The department of homeland security shall conduct a factfinding
	237	+	9 investigation as the department of homeland security considers proper
	238	+	10 in relation to the complaint.
	239	+	11 (l) The department of homeland security may reinstate a certificate
	240	+	12 or license that has been suspended under this section if the department
	241	+	13 of homeland security is satisfied that the applicant is able to practice
	242	+	14 with reasonable skill, competency, and safety to the public. As a
	243	+	15 condition of reinstatement, the department of homeland security may
	244	+	16 impose disciplinary or corrective measures authorized under this
	245	+	17 chapter.
	246	+	18 (m) The department of homeland security may not reinstate a
	247	+	19 certificate or license that has been revoked under this chapter.
	248	+	20 (n) The department of homeland security must be consistent in the
	249	+	21 application of sanctions authorized in this chapter. Significant
	250	+	22 departures from prior decisions involving similar conduct must be
	251	+	23 explained in the department of homeland security's findings or orders.
	252	+	24 (o) A certificate holder may not surrender the certificate holder's
	253	+	25 certificate, and a license holder may not surrender the license holder's
	254	+	26 license, without the written approval of the department of homeland
	255	+	27 security, and the department of homeland security may impose any
	256	+	28 conditions appropriate to the surrender or reinstatement of a
	257	+	29 surrendered certificate or license.
	258	+	30 (p) For purposes of this section, "certificate holder" means a person
	259	+	31 who holds:
	260	+	32 (1) an unlimited certificate;
	261	+	33 (2) a limited or probationary certificate; or
	262	+	34 (3) an inactive certificate.
	263	+	35 (q) For purposes of this section, "license holder" means a person
	264	+	36 who holds:
	265	+	37 (1) an unlimited license;
	266	+	38 (2) a limited or probationary license; or
	267	+	39 (3) an inactive license.
	268	+	40 SECTION 2. IC 22-15-5-16, AS AMENDED BY P.L.142-2020,
	269	+	41 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	270	+	42 JULY 1, 2025]: Sec. 16. (a) A practitioner shall comply with the
	271	+	EH 1167—LS 6066/DI 151 7
	272	+	1 standards established under this licensing program. A practitioner is
	273	+	2 subject to the exercise of the disciplinary sanctions under subsection
	274	+	3 (b) if the department finds that a practitioner has:
	275	+	4 (1) engaged in or knowingly cooperated in fraud or material
	276	+	5 deception in order to obtain a license to practice, including
	277	+	6 cheating on a licensing examination;
	278	+	7 (2) engaged in fraud or material deception in the course of
	279	+	8 professional services or activities;
	280	+	9 (3) advertised services or goods in a false or misleading manner;
	281	+	10 (4) falsified or knowingly allowed another person to falsify
	282	+	11 attendance records or certificates of completion of continuing
	283	+	12 education courses provided under this chapter;
	284	+	13 (5) been convicted of a crime that has a direct bearing on the
	285	+	14 practitioner's ability to continue to practice competently;
	286	+	15 (6) knowingly violated a state statute or rule or federal statute or
	287	+	16 regulation regulating the profession for which the practitioner is
	288	+	17 licensed;
	289	+	18 (7) continued to practice although the practitioner has become
	290	+	19 unfit to practice due to:
	291	+	20 (A) professional incompetence;
	292	+	21 (B) failure to keep abreast of current professional theory or
	293	+	22 practice;
	294	+	23 (C) physical or mental disability; or
	295	+	24 (D) addiction to, abuse of, or severe dependency on alcohol or
	296	+	25 other drugs that endanger the public by impairing a
	297	+	26 practitioner's ability to practice safely;
	298	+	27 (8) engaged in a course of lewd or immoral conduct in connection
	299	+	28 with the delivery of services to the public;
	300	+	29 (9) allowed the practitioner's name or a license issued under this
	301	+	30 chapter to be used in connection with an individual or business
	302	+	31 who renders services beyond the scope of that individual's or
	303	+	32 business's training, experience, or competence;
	304	+	33 (10) had disciplinary action taken against the practitioner or the
	305	+	34 practitioner's license to practice in another state or jurisdiction on
	306	+	35 grounds similar to those under this chapter;
	307	+	36 (11) assisted another person in committing an act that would
	308	+	37 constitute a ground for disciplinary sanction under this chapter;
	309	+	38 or
	310	+	39 (12) allowed a license issued by the department to be:
	311	+	40 (A) used by another person; or
	312	+	41 (B) displayed to the public when the license has expired, is
	313	+	42 inactive, is invalid, or has been revoked or suspended.
	314	+	EH 1167—LS 6066/DI 151 8
	315	+	1 For purposes of subdivision (10), a certified copy of a record of
	316	+	2 disciplinary action constitutes prima facie evidence of a disciplinary
	317	+	3 action in another jurisdiction.
	318	+	4 (b) The department may impose one (1) or more of the following
	319	+	5 sanctions if the department finds that a practitioner is subject to
	320	+	6 disciplinary sanctions under subsection (a):
	321	+	7 (1) Permanent revocation of a practitioner's license.
	322	+	8 (2) Suspension of a practitioner's license.
	323	+	9 (3) Censure of a practitioner.
	324	+	10 (4) Issuance of a letter of reprimand.
	325	+	11 (5) Assessment of a civil penalty against the practitioner in
	326	+	12 accordance with the following:
	327	+	13 (A) The civil penalty may not be more than one thousand
	328	+	14 dollars ($1,000) for each violation listed in subsection (a),
	329	+	15 except for a finding of incompetency due to a physical or
	330	+	16 mental disability.
	331	+	17 (B) When imposing a civil penalty, the department shall
	332	+	18 consider a practitioner's ability to pay the amount assessed. If
	333	+	19 the practitioner fails to pay the civil penalty within the time
	334	+	20 specified by the department, the department may suspend the
	335	+	21 practitioner's license without additional proceedings. However,
	336	+	22 a suspension may not be imposed if the sole basis for the
	337	+	23 suspension is the practitioner's inability to pay a civil penalty.
	338	+	24 (6) Placement of a practitioner on probation status and
	339	+	25 requirement of the practitioner to:
	340	+	26 (A) report regularly to the department upon the matters that
	341	+	27 are the basis of probation;
	342	+	28 (B) limit practice to those areas prescribed by the department;
	343	+	29 (C) continue or renew professional education approved by the
	344	+	30 department until a satisfactory degree of skill has been attained
	345	+	31 in those areas that are the basis of the probation; or
	346	+	32 (D) perform or refrain from performing any acts, including
	347	+	33 community restitution or service without compensation, that
	348	+	34 the department considers appropriate to the public interest or
	349	+	35 to the rehabilitation or treatment of the practitioner.
	350	+	36 The department may withdraw or modify this probation if the
	351	+	37 department finds after a hearing that the deficiency that required
	352	+	38 disciplinary action has been remedied or that changed
	353	+	39 circumstances warrant a modification of the order.
	354	+	40 (c) If an applicant or a practitioner has engaged in or knowingly
	355	+	41 cooperated in fraud or material deception to obtain a license to
	356	+	42 practice, including cheating on the licensing examination, the
	357	+	EH 1167—LS 6066/DI 151 9
	358	+	1 department may rescind the license if it has been granted, void the
	359	+	2 examination or other fraudulent or deceptive material, and prohibit the
	360	+	3 applicant from reapplying for the license for a length of time
	361	+	4 established by the department.
	362	+	5 (d) The department may deny licensure to an applicant who has had
	363	+	6 disciplinary action taken against the applicant or the applicant's license
	364	+	7 to practice in another state or jurisdiction or who has practiced without
	365	+	8 a license in violation of the law. A certified copy of the record of
	366	+	9 disciplinary action is conclusive evidence of the other jurisdiction's
	367	+	10 disciplinary action.
	368	+	11 (e) The department may order a practitioner to submit to a
	369	+	12 reasonable physical or mental examination if the practitioner's physical
	370	+	13 or mental capacity to practice safely and competently is at issue in a
	371	+	14 disciplinary proceeding. Failure to comply with a department order to
	372	+	15 submit to a physical or mental examination makes a practitioner liable
	373	+	16 to temporary suspension under subsection (j).
	374	+	17 (f) Except as provided under subsection (g) or (h), a license may not
	375	+	18 be denied, revoked, or suspended because the applicant or holder has
	376	+	19 been convicted of an offense. The acts from which the applicant's or
	377	+	20 holder's conviction resulted may, however, be considered as to whether
	378	+	21 the applicant or holder should be entrusted to serve the public in a
	379	+	22 specific capacity.
	380	+	23 (g) The department may deny, suspend, or revoke a license issued
	381	+	24 under this chapter if the individual who holds the license is convicted
	382	+	25 of any of the following:
	383	+	26 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
	384	+	27 (2) Possession of methamphetamine under IC 35-48-4-6.1.
	385	+	28 (3) Possession of a controlled substance under IC 35-48-4-7(a).
	386	+	29 (4) Fraudulently obtaining a controlled substance under
	387	+	30 IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or
	388	+	31 IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
	389	+	32 (5) Manufacture of paraphernalia as a Class D felony (for a crime
	390	+	33 committed before July 1, 2014) or a Level 6 felony (for a crime
	391	+	34 committed after June 30, 2014) under IC 35-48-4-8.1(b).
	392	+	35 IC 35-48-4-8.1(c).
	393	+	36 (6) Dealing in paraphernalia as a Class D felony (for a crime
	394	+	37 committed before July 1, 2014) or a Level 6 felony (for a crime
	395	+	38 committed after June 30, 2014) under IC 35-48-4-8.5(b).
	396	+	39 (7) Possession of paraphernalia as a Class D felony (for a crime
	397	+	40 committed before July 1, 2014) or a Level 6 felony (for a crime
	398	+	41 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
	399	+	42 its amendment on July 1, 2015).
	400	+	EH 1167—LS 6066/DI 151 10
	401	+	1 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
	402	+	2 D felony (for a crime committed before July 1, 2014) or a Level
	403	+	3 6 felony (for a crime committed after June 30, 2014) under
	404	+	4 IC 35-48-4-11.
	405	+	5 (9) A felony offense under IC 35-48-4 involving possession of a
	406	+	6 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
	407	+	7 controlled substance analog (as defined in IC 35-48-1-9.3), or
	408	+	8 possession of a synthetic drug lookalike substance (as defined in
	409	+	9 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
	410	+	10 (A) Class D felony for a crime committed before July 1, 2014;
	411	+	11 or
	412	+	12 (B) Level 6 felony for a crime committed after June 30, 2014;
	413	+	13 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
	414	+	14 (10) Maintaining a common nuisance under IC 35-48-4-13
	415	+	15 (repealed) or IC 35-45-1-5, if the common nuisance involves a
	416	+	16 controlled substance.
	417	+	17 (11) An offense relating to registration, labeling, and prescription
	418	+	18 forms under IC 35-48-4-14.
	419	+	19 (h) The department shall deny, revoke, or suspend a license issued
	420	+	20 under this chapter if the individual who holds the license is convicted
	421	+	21 of any of the following:
	422	+	22 (1) Dealing in a controlled substance resulting in death under
	423	+	23 IC 35-42-1-1.5.
	424	+	24 (2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
	425	+	25 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
	426	+	26 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
	427	+	27 (5) Dealing in a schedule I, II, or III controlled substance under
	428	+	28 IC 35-48-4-2.
	429	+	29 (6) Dealing in a schedule IV controlled substance under
	430	+	30 IC 35-48-4-3.
	431	+	31 (7) Dealing in a schedule V controlled substance under
	432	+	32 IC 35-48-4-4.
	433	+	33 (8) Dealing in a substance represented to be a controlled
	434	+	34 substance under IC 35-48-4-4.5 (repealed).
	435	+	35 (9) Knowingly or intentionally manufacturing, advertising,
	436	+	36 distributing, or possessing with intent to manufacture, advertise,
	437	+	37 or distribute a substance represented to be a controlled substance
	438	+	38 under IC 35-48-4-4.6.
	439	+	39 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
	440	+	40 (11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
	441	+	41 under IC 35-48-4-10.
	442	+	42 (12) An offense under IC 35-48-4 involving the manufacture or
	443	+	EH 1167—LS 6066/DI 151 11
	444	+	1 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
	445	+	2 synthetic drug lookalike substance (as defined in
	446	+	3 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
	447	+	4 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
	448	+	5 substance analog (as defined in IC 35-48-1-9.3), or a substance
	449	+	6 represented to be a controlled substance (as described in
	450	+	7 IC 35-48-4-4.6).
	451	+	8 (13) A violation of any federal or state drug law or rule related to
	452	+	9 wholesale legend drug distributors licensed under IC 25-26-14.
	453	+	10 (i) A decision of the department under subsections (b) through (h)
	454	+	11 may be appealed to the commission under IC 4-21.5-3-7.
	455	+	12 (j) The department may temporarily suspend a practitioner's license
	456	+	13 under IC 4-21.5-4 before a final adjudication or during the appeals
	457	+	14 process if the department finds that a practitioner represents a clear and
	458	+	15 immediate danger to the public's health, safety, or property if the
	459	+	16 practitioner is allowed to continue to practice.
	460	+	17 (k) On receipt of a complaint or an information alleging that a
	461	+	18 person licensed under this chapter has engaged in or is engaging in a
	462	+	19 practice that jeopardizes the public health, safety, or welfare, the
	463	+	20 department shall initiate an investigation against the person.
	464	+	21 (l) Any complaint filed with the office of the attorney general
	465	+	22 alleging a violation of this licensing program shall be referred to the
	466	+	23 department for summary review and for its general information and any
	467	+	24 authorized action at the time of the filing.
	468	+	25 (m) The department shall conduct a fact finding investigation as the
	469	+	26 department considers proper in relation to the complaint.
	470	+	27 (n) The department may reinstate a license that has been suspended
	471	+	28 under this section if, after a hearing, the department is satisfied that the
	472	+	29 applicant is able to practice with reasonable skill, safety, and
	473	+	30 competency to the public. As a condition of reinstatement, the
	474	+	31 department may impose disciplinary or corrective measures authorized
	475	+	32 under this chapter.
	476	+	33 (o) The department may not reinstate a license that has been
	477	+	34 revoked under this chapter. An individual whose license has been
	478	+	35 revoked under this chapter may not apply for a new license until seven
	479	+	36 (7) years after the date of revocation.
	480	+	37 (p) The department shall seek to achieve consistency in the
	481	+	38 application of sanctions authorized in this chapter. Significant
	482	+	39 departures from prior decisions involving similar conduct must be
	483	+	40 explained in the department's findings or orders.
	484	+	41 (q) A practitioner may petition the department to accept the
	485	+	42 surrender of the practitioner's license instead of having a hearing before
	486	+	EH 1167—LS 6066/DI 151 12
	487	+	1 the commission. The practitioner may not surrender the practitioner's
	488	+	2 license without the written approval of the department, and the
	489	+	3 department may impose any conditions appropriate to the surrender or
	490	+	4 reinstatement of a surrendered license.
	491	+	5 (r) A practitioner who has been subjected to disciplinary sanctions
	492	+	6 may be required by the commission to pay the costs of the proceeding.
	493	+	7 The practitioner's ability to pay shall be considered when costs are
	494	+	8 assessed. If the practitioner fails to pay the costs, a suspension may not
	495	+	9 be imposed solely upon the practitioner's inability to pay the amount
	496	+	10 assessed. The costs are limited to costs for the following:
	497	+	11 (1) Court reporters.
	498	+	12 (2) Transcripts.
	499	+	13 (3) Certification of documents.
	500	+	14 (4) Photo duplication.
	501	+	15 (5) Witness attendance and mileage fees.
	502	+	16 (6) Postage.
	503	+	17 (7) Expert witnesses.
	504	+	18 (8) Depositions.
	505	+	19 (9) Notarizations.
	506	+	20 SECTION 3. IC 25-1-1.1-2, AS AMENDED BY P.L.142-2020,
	507	+	21 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	508	+	22 JULY 1, 2025]: Sec. 2. Notwithstanding IC 25-1-7, a board, a
	509	+	23 commission, or a committee may suspend, deny, or revoke a license or
	510	+	24 certificate issued under this title by the board, the commission, or the
	511	+	25 committee without an investigation by the office of the attorney general
	512	+	26 if the individual who holds the license or certificate is convicted of any
	513	+	27 of the following and the board, commission, or committee determines,
	514	+	28 after the individual has appeared in person, that the offense affects the
	515	+	29 individual's ability to perform the duties of the profession:
	516	+	30 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
	517	+	31 (2) Possession of methamphetamine under IC 35-48-4-6.1.
	518	+	32 (3) Possession of a controlled substance under IC 35-48-4-7(a).
	519	+	33 (4) Fraudulently obtaining a controlled substance under
	520	+	34 IC 35-48-4-7(c).
	521	+	35 (5) Manufacture of paraphernalia as a Class D felony (for a crime
	522	+	36 committed before July 1, 2014) or a Level 6 felony (for a crime
	523	+	37 committed after June 30, 2014) under IC 35-48-4-8.1(b).
	524	+	38 IC 35-48-4-8.1(c).
	525	+	39 (6) Dealing in paraphernalia as a Class D felony (for a crime
	526	+	40 committed before July 1, 2014) or a Level 6 felony (for a crime
	527	+	41 committed after June 30, 2014) under IC 35-48-4-8.5(b).
	528	+	42 (7) Possession of paraphernalia as a Class D felony (for a crime
	529	+	EH 1167—LS 6066/DI 151 13
	530	+	1 committed before July 1, 2014) or a Level 6 felony (for a crime
	531	+	2 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
	532	+	3 its amendment on July 1, 2015).
	533	+	4 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
	534	+	5 D felony (for a crime committed before July 1, 2014) or a Level
	535	+	6 6 felony (for a crime committed after June 30, 2014) under
	536	+	7 IC 35-48-4-11.
	537	+	8 (9) A felony offense under IC 35-48-4 involving possession of a
	538	+	9 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
	539	+	10 controlled substance analog (as defined in IC 35-48-1-9.3), or
	540	+	11 possession of a synthetic drug lookalike substance (as defined in
	541	+	12 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
	542	+	13 (A) Class D felony for a crime committed before July 1, 2014;
	543	+	14 or
	544	+	15 (B) Level 6 felony for a crime committed after June 30, 2014;
	545	+	16 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
	546	+	17 (10) Maintaining a common nuisance under IC 35-48-4-13
	547	+	18 (repealed) or IC 35-45-1-5, if the common nuisance involves a
	548	+	19 controlled substance.
	549	+	20 (11) An offense relating to registration, labeling, and prescription
	550	+	21 forms under IC 35-48-4-14.
	551	+	22 (12) A sex crime under IC 35-42-4.
	552	+	23 (13) A felony that reflects adversely on the individual's fitness to
	553	+	24 hold a professional license.
	554	+	25 SECTION 4. IC 35-48-4-8.1, AS AMENDED BY P.L.158-2013,
	555	+	26 SECTION 634, IS AMENDED TO READ AS FOLLOWS
	556	+	27 [EFFECTIVE JULY 1, 2025]: Sec. 8.1. (a) This section does not
	557	+	28 apply to an item marketed to detect the presence of a drug or
	558	+	29 controlled substance, including field test kits and test strips.
	559	+	30 (a) (b) A person who manufactures, finances the manufacture of, or
	560	+	31 designs an instrument, a device, or other object that is intended to be
	561	+	32 used primarily for:
	562	+	33 (1) introducing into the human body a controlled substance;
	563	+	34 (2) testing the strength, effectiveness, or purity of a controlled
	564	+	35 substance; or
	565	+	36 (3) enhancing the effect of a controlled substance;
	566	+	37 in violation of this chapter commits a Class A infraction for
	567	+	38 manufacturing paraphernalia.
	568	+	39 (b) (c) A person who:
	569	+	40 (1) knowingly or intentionally violates this section; and
	570	+	41 (2) has a previous judgment for violation of this section;
	571	+	42 commits manufacture of paraphernalia, a Level 6 felony.
	572	+	EH 1167—LS 6066/DI 151 14
	573	+	1 SECTION 5. IC 35-48-4-8.3, AS AMENDED BY P.L.187-2015,
	574	+	2 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	575	+	3 JULY 1, 2025]: Sec. 8.3. (a) This section does not apply to:
	576	+	4 (1) a rolling paper; or
	577	+	5 (2) an item marketed to detect the presence of a drug or
	578	+	6 controlled substance, including field test kits and test strips.
	579	+	7 (b) A person who knowingly or intentionally possesses an
	580	+	8 instrument, a device, or another object that the person intends to use
	581	+	9 for:
	582	+	10 (1) introducing into the person's body a controlled substance;
	583	+	11 (2) testing the strength, effectiveness, or purity of a controlled
	584	+	12 substance; or
	585	+	13 (3) enhancing the effect of a controlled substance;
	586	+	14 commits a Class C misdemeanor. However, the offense is a Class A
	587	+	15 misdemeanor if the person has a prior unrelated judgment or conviction
	588	+	16 under this section.
	589	+	17 SECTION 6. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
	590	+	18 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	591	+	19 JULY 1, 2025]: Sec. 8.5. (a) A person who keeps for sale, offers for
	592	+	20 sale, delivers, or finances the delivery of a raw material, an instrument,
	593	+	21 a device, or other object that is intended to be or that is designed or
	594	+	22 marketed to be used primarily for:
	595	+	23 (1) ingesting, inhaling, or otherwise introducing into the human
	596	+	24 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
	597	+	25 controlled substance;
	598	+	26 (2) testing the strength, effectiveness, or purity of marijuana, hash
	599	+	27 oil, hashish, salvia, a synthetic drug, or a controlled substance;
	600	+	28 (3) enhancing the effect of a controlled substance;
	601	+	29 (4) manufacturing, compounding, converting, producing,
	602	+	30 processing, or preparing marijuana, hash oil, hashish, salvia, a
	603	+	31 synthetic drug, or a controlled substance;
	604	+	32 (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
	605	+	33 synthetic drug, or a controlled substance by individuals; or
	606	+	34 (6) any purpose announced or described by the seller that is in
	607	+	35 violation of this chapter;
	608	+	36 commits a Class A infraction for dealing in paraphernalia.
	609	+	37 (b) A person who knowingly or intentionally violates subsection (a)
	610	+	38 commits a Class A misdemeanor. However, the offense is a Level 6
	611	+	39 felony if the person has a prior unrelated judgment or conviction under
	612	+	40 this section.
	613	+	41 (c) This section does not apply to the following:
	614	+	42 (1) Items marketed for use in the preparation, compounding,
	615	+	EH 1167—LS 6066/DI 151 15
	616	+	1 packaging, labeling, or other use of marijuana, hash oil, hashish,
	617	+	2 salvia, a synthetic drug, or a controlled substance as an incident
	618	+	3 to lawful research, teaching, or chemical analysis and not for sale.
	619	+	4 (2) Items marketed for or historically and customarily used in
	620	+	5 connection with the planting, propagating, cultivating, growing,
	621	+	6 harvesting, manufacturing, compounding, converting, producing,
	622	+	7 processing, preparing, testing, analyzing, packaging, repackaging,
	623	+	8 storing, containing, concealing, injecting, ingesting, or inhaling
	624	+	9 of tobacco or any other lawful substance.
	625	+	10 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
	626	+	11 a syringe or needle as part of a program under IC 16-41-7.5.
	627	+	12 (4) Any entity or person that provides funding to a qualified entity
	628	+	13 (as defined in IC 16-41-7.5-3) to operate a program described in
	629	+	14 IC 16-41-7.5.
	630	+	15 (5) Items marketed to detect the presence of a drug or
	631	+	16 controlled substance, including field test kits and test strips.
	632	+	EH 1167—LS 6066/DI 151 16
	633	+	COMMITTEE REPORT
	634	+	Mr. Speaker: Your Committee on Courts and Criminal Code, to
	635	+	which was referred House Bill 1167, has had the same under
	636	+	consideration and begs leave to report the same back to the House with
	637	+	the recommendation that said bill be amended as follows:
	638	+	Page 1, delete lines 1 through 17, begin a new paragraph, and insert:
	639	+	"SECTION 1. IC 16-31-3-14, AS AMENDED BY P.L.170-2022,
16	640		SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17	641		JULY 1, 2025]: Sec. 14. (a) A person holding a certificate or license
18	642		issued under this article must comply with the applicable standards and
19	643		rules established under this article. A certificate holder or license
20	644		holder is subject to disciplinary sanctions under subsection (b) if the
21	645		department of homeland security determines that the certificate holder
22	646		or license holder:
23	647		(1) engaged in or knowingly cooperated in fraud or material
24	648		deception in order to obtain a certificate or license, including
25	649		cheating on a certification or licensure examination;
26	650		(2) engaged in fraud or material deception in the course of
27	651		professional services or activities;
28	652		(3) advertised services or goods in a false or misleading manner;
29	653		(4) falsified or knowingly allowed another person to falsify
30	654		attendance records or certificates of completion of continuing
31	655		education courses required under this article or rules adopted
32	656		under this article;
33	657		(5) is convicted of a crime, if the act that resulted in the
34	658		conviction has a direct bearing on determining if the certificate
35	659		holder or license holder should be entrusted to provide emergency
36		-	HEA 1167 2
37	660		medical services;
38	661		(6) is convicted of violating IC 9-19-14.5;
39	662		(7) fails to comply and maintain compliance with or violates any
40	663		applicable provision, standard, or other requirement of this article
41	664		or rules adopted under this article;
42	665		(8) continues to practice if the certificate holder or license holder
43	666		becomes unfit to practice due to:
44	667		(A) professional incompetence that includes the undertaking
45	668		of professional activities that the certificate holder or license
46	669		holder is not qualified by training or experience to undertake;
47	670		(B) failure to keep abreast of current professional theory or
48	671		practice;
49	672		(C) physical or mental disability; or
50	673		(D) addiction to, abuse of, or dependency on alcohol or other
	674	+	EH 1167—LS 6066/DI 151 17
51	675		drugs that endanger the public by impairing the certificate
52	676		holder's or license holder's ability to practice safely;
53	677		(9) engages in a course of lewd or immoral conduct in connection
54	678		with the delivery of services to the public;
55	679		(10) allows the certificate holder's or license holder's name or a
56	680		certificate or license issued under this article to be used in
57	681		connection with a person who renders services beyond the scope
58	682		of that person's training, experience, or competence;
59	683		(11) is subjected to disciplinary action in another state or
60	684		jurisdiction on grounds similar to those contained in this chapter.
61	685		For purposes of this subdivision, a certified copy of a record of
62	686		disciplinary action constitutes prima facie evidence of a
63	687		disciplinary action in another jurisdiction;
64	688		(12) assists another person in committing an act that would
65	689		constitute a ground for disciplinary sanction under this chapter;
66	690		(13) allows a certificate or license issued by the commission to
67	691		be:
68	692		(A) used by another person; or
69	693		(B) displayed to the public when the certificate or license is
70	694		expired, inactive, invalid, revoked, or suspended; or
71	695		(14) fails to notify the department in writing of any misdemeanor
72	696		or felony criminal conviction, except traffic related misdemeanors
73	697		other than operating a motor vehicle under the influence of a drug
74	698		or alcohol, within ninety (90) days after the entry of an order or
75	699		judgment. A certified copy of the order or judgment with a letter
76	700		of explanation must be submitted to the department along with the
77	701		written notice.
78	702		(b) The department of homeland security may issue an order under
79		-	HEA 1167 3
80	703		IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if
81	704		the department of homeland security determines that a certificate
82	705		holder or license holder is subject to disciplinary sanctions under
83	706		subsection (a):
84	707		(1) Revocation of a certificate holder's certificate or license
85	708		holder's license for a period not to exceed seven (7) years.
86	709		(2) Suspension of a certificate holder's certificate or license
87	710		holder's license for a period not to exceed seven (7) years.
88	711		(3) Censure of a certificate holder or license holder.
89	712		(4) Issuance of a letter of reprimand.
90	713		(5) Assessment of a civil penalty against the certificate holder or
91	714		license holder in accordance with the following:
92	715		(A) The civil penalty may not exceed five hundred dollars
93	716		($500) per day per violation.
	717	+	EH 1167—LS 6066/DI 151 18
94	718		(B) If the certificate holder or license holder fails to pay the
95	719		civil penalty within the time specified by the department of
96	720		homeland security, the department of homeland security may
97	721		suspend the certificate holder's certificate or license holder's
98	722		license without additional proceedings.
99	723		(6) Placement of a certificate holder or license holder on
100	724		probation status and requirement of the certificate holder or
101	725		license holder to:
102	726		(A) report regularly to the department of homeland security
103	727		upon the matters that are the basis of probation;
104	728		(B) limit practice to those areas prescribed by the department
105	729		of homeland security;
106	730		(C) continue or renew professional education approved by the
107	731		department of homeland security until a satisfactory degree of
108	732		skill has been attained in those areas that are the basis of the
109	733		probation; or
110	734		(D) perform or refrain from performing any acts, including
111	735		community restitution or service without compensation, that
112	736		the department of homeland security considers appropriate to
113	737		the public interest or to the rehabilitation or treatment of the
114	738		certificate holder or license holder.
115	739		The department of homeland security may withdraw or modify
116	740		this probation if the department of homeland security finds after
117	741		a hearing that the deficiency that required disciplinary action is
118	742		remedied or that changed circumstances warrant a modification
119	743		of the order.
120	744		(c) If an applicant or a certificate holder or license holder has
121	745		engaged in or knowingly cooperated in fraud or material deception to
122		-	HEA 1167 4
123	746		obtain a certificate or license, including cheating on the certification or
124	747		licensure examination, the department of homeland security may
125	748		rescind the certificate or license if it has been granted, void the
126	749		examination or other fraudulent or deceptive material, and prohibit the
127	750		applicant from reapplying for the certificate or license for a length of
128	751		time established by the department of homeland security.
129	752		(d) The department of homeland security may deny certification or
130	753		licensure to an applicant who would be subject to disciplinary sanctions
131	754		under subsection (b) if that person were a certificate holder or license
132	755		holder, has had disciplinary action taken against the applicant or the
133	756		applicant's certificate or license to practice in another state or
134	757		jurisdiction, or has practiced without a certificate or license in violation
135	758		of the law. A certified copy of the record of disciplinary action is
136	759		conclusive evidence of the other jurisdiction's disciplinary action.
	760	+	EH 1167—LS 6066/DI 151 19
137	761		(e) The department of homeland security may order a certificate
138	762		holder or license holder to submit to a reasonable physical or mental
139	763		examination if the certificate holder's or license holder's physical or
140	764		mental capacity to practice safely and competently is at issue in a
141	765		disciplinary proceeding. Failure to comply with a department of
142	766		homeland security order to submit to a physical or mental examination
143	767		makes a certificate holder or license holder liable to temporary
144	768		suspension under subsection (i).
145	769		(f) Except as provided under subsection (a), subsection (g), and
146	770		section 14.5 of this chapter, a certificate or license may not be denied,
147	771		revoked, or suspended because the applicant, certificate holder, or
148	772		license holder has been convicted of an offense. The acts from which
149	773		the applicant's, certificate holder's, or license holder's conviction
150	774		resulted may be considered as to whether the applicant or certificate
151	775		holder or license holder should be entrusted to serve the public in a
152	776		specific capacity.
153	777		(g) The department of homeland security may deny, suspend, or
154	778		revoke a certificate or license issued under this article if the individual
155	779		who holds or is applying for the certificate or license is convicted of
156	780		any of the following:
157	781		(1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
158	782		(2) Possession of methamphetamine under IC 35-48-4-6.1.
159	783		(3) Possession of a controlled substance under IC 35-48-4-7(a).
160	784		(4) Fraudulently obtaining a controlled substance under
161	785		IC 35-48-4-7(c).
162	786		(5) Manufacture of paraphernalia as a Class D felony (for a crime
163	787		committed before July 1, 2014) or Level 6 felony (for a crime
164	788		committed after June 30, 2014) under IC 35-48-4-8.1(b).
165		-	HEA 1167 5
166	789		IC 35-48-4-8.1(c).
167	790		(6) Dealing in paraphernalia as a Class D felony (for a crime
168	791		committed before July 1, 2014) or Level 6 felony (for a crime
169	792		committed after June 30, 2014) under IC 35-48-4-8.5(b).
170	793		(7) Possession of paraphernalia as a Class D felony (for a crime
171	794		committed before July 1, 2014) or Level 6 felony (for a crime
172	795		committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
173	796		its amendment on July 1, 2015).
174	797		(8) Possession of marijuana, hash oil, hashish, or salvia as a Class
175	798		D felony (for a crime committed before July 1, 2014) or Level 6
176	799		felony (for a crime committed after June 30, 2014) under
177	800		IC 35-48-4-11.
178	801		(9) A felony offense under IC 35-48-4 involving:
179	802		(A) possession of a synthetic drug (as defined in
	803	+	EH 1167—LS 6066/DI 151 20
180	804		IC 35-31.5-2-321);
181	805		(B) possession of a synthetic drug lookalike substance (as
182	806		defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
183	807		2019)) as a:
184	808		(i) Class D felony (for a crime committed before July 1,
185	809		2014); or
186	810		(ii) Level 6 felony (for a crime committed after June 30,
187	811		2014);
188	812		under IC 35-48-4-11.5 (before its repeal on July 1, 2019); or
189	813		(C) possession of a controlled substance analog (as defined in
190	814		IC 35-48-1-9.3).
191	815		(10) Maintaining a common nuisance under IC 35-48-4-13
192	816		(repealed) or IC 35-45-1-5, if the common nuisance involves a
193	817		controlled substance.
194	818		(11) An offense relating to registration, labeling, and prescription
195	819		forms under IC 35-48-4-14.
196	820		(h) A decision of the department of homeland security under
197	821		subsections (b) through (g) may be appealed to the commission under
198	822		IC 4-21.5-3-7.
199	823		(i) The department of homeland security may temporarily suspend
200	824		a certificate holder's certificate or license holder's license under
201	825		IC 4-21.5-4 before a final adjudication or during the appeals process if
202	826		the department of homeland security finds that a certificate holder or
203	827		license holder would represent a clear and immediate danger to the
204	828		public's health, safety, or property if the certificate holder or license
205	829		holder were allowed to continue to practice.
206	830		(j) On receipt of a complaint or information alleging that a person
207	831		certified or licensed under this chapter or IC 16-31-3.5 has engaged in
208		-	HEA 1167 6
209	832		or is engaging in a practice that is subject to disciplinary sanctions
210	833		under this chapter, the department of homeland security must initiate
211	834		an investigation against the person.
212	835		(k) The department of homeland security shall conduct a factfinding
213	836		investigation as the department of homeland security considers proper
214	837		in relation to the complaint.
215	838		(l) The department of homeland security may reinstate a certificate
216	839		or license that has been suspended under this section if the department
217	840		of homeland security is satisfied that the applicant is able to practice
218	841		with reasonable skill, competency, and safety to the public. As a
219	842		condition of reinstatement, the department of homeland security may
220	843		impose disciplinary or corrective measures authorized under this
221	844		chapter.
222	845		(m) The department of homeland security may not reinstate a
	846	+	EH 1167—LS 6066/DI 151 21
223	847		certificate or license that has been revoked under this chapter.
224	848		(n) The department of homeland security must be consistent in the
225	849		application of sanctions authorized in this chapter. Significant
226	850		departures from prior decisions involving similar conduct must be
227	851		explained in the department of homeland security's findings or orders.
228	852		(o) A certificate holder may not surrender the certificate holder's
229	853		certificate, and a license holder may not surrender the license holder's
230	854		license, without the written approval of the department of homeland
231	855		security, and the department of homeland security may impose any
232	856		conditions appropriate to the surrender or reinstatement of a
233	857		surrendered certificate or license.
234	858		(p) For purposes of this section, "certificate holder" means a person
235	859		who holds:
236	860		(1) an unlimited certificate;
237	861		(2) a limited or probationary certificate; or
238	862		(3) an inactive certificate.
239	863		(q) For purposes of this section, "license holder" means a person
240	864		who holds:
241	865		(1) an unlimited license;
242	866		(2) a limited or probationary license; or
243	867		(3) an inactive license.
244	868		SECTION 2. IC 22-15-5-16, AS AMENDED BY P.L.142-2020,
245	869		SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
246	870		JULY 1, 2025]: Sec. 16. (a) A practitioner shall comply with the
247	871		standards established under this licensing program. A practitioner is
248	872		subject to the exercise of the disciplinary sanctions under subsection
249	873		(b) if the department finds that a practitioner has:
250	874		(1) engaged in or knowingly cooperated in fraud or material
251		-	HEA 1167 7
252	875		deception in order to obtain a license to practice, including
253	876		cheating on a licensing examination;
254	877		(2) engaged in fraud or material deception in the course of
255	878		professional services or activities;
256	879		(3) advertised services or goods in a false or misleading manner;
257	880		(4) falsified or knowingly allowed another person to falsify
258	881		attendance records or certificates of completion of continuing
259	882		education courses provided under this chapter;
260	883		(5) been convicted of a crime that has a direct bearing on the
261	884		practitioner's ability to continue to practice competently;
262	885		(6) knowingly violated a state statute or rule or federal statute or
263	886		regulation regulating the profession for which the practitioner is
264	887		licensed;
265	888		(7) continued to practice although the practitioner has become
	889	+	EH 1167—LS 6066/DI 151 22
266	890		unfit to practice due to:
267	891		(A) professional incompetence;
268	892		(B) failure to keep abreast of current professional theory or
269	893		practice;
270	894		(C) physical or mental disability; or
271	895		(D) addiction to, abuse of, or severe dependency on alcohol or
272	896		other drugs that endanger the public by impairing a
273	897		practitioner's ability to practice safely;
274	898		(8) engaged in a course of lewd or immoral conduct in connection
275	899		with the delivery of services to the public;
276	900		(9) allowed the practitioner's name or a license issued under this
277	901		chapter to be used in connection with an individual or business
278	902		who renders services beyond the scope of that individual's or
279	903		business's training, experience, or competence;
280	904		(10) had disciplinary action taken against the practitioner or the
281	905		practitioner's license to practice in another state or jurisdiction on
282	906		grounds similar to those under this chapter;
283	907		(11) assisted another person in committing an act that would
284	908		constitute a ground for disciplinary sanction under this chapter;
285	909		or
286	910		(12) allowed a license issued by the department to be:
287	911		(A) used by another person; or
288	912		(B) displayed to the public when the license has expired, is
289	913		inactive, is invalid, or has been revoked or suspended.
290	914		For purposes of subdivision (10), a certified copy of a record of
291	915		disciplinary action constitutes prima facie evidence of a disciplinary
292	916		action in another jurisdiction.
293	917		(b) The department may impose one (1) or more of the following
294		-	HEA 1167 8
295	918		sanctions if the department finds that a practitioner is subject to
296	919		disciplinary sanctions under subsection (a):
297	920		(1) Permanent revocation of a practitioner's license.
298	921		(2) Suspension of a practitioner's license.
299	922		(3) Censure of a practitioner.
300	923		(4) Issuance of a letter of reprimand.
301	924		(5) Assessment of a civil penalty against the practitioner in
302	925		accordance with the following:
303	926		(A) The civil penalty may not be more than one thousand
304	927		dollars ($1,000) for each violation listed in subsection (a),
305	928		except for a finding of incompetency due to a physical or
306	929		mental disability.
307	930		(B) When imposing a civil penalty, the department shall
308	931		consider a practitioner's ability to pay the amount assessed. If
	932	+	EH 1167—LS 6066/DI 151 23
309	933		the practitioner fails to pay the civil penalty within the time
310	934		specified by the department, the department may suspend the
311	935		practitioner's license without additional proceedings. However,
312	936		a suspension may not be imposed if the sole basis for the
313	937		suspension is the practitioner's inability to pay a civil penalty.
314	938		(6) Placement of a practitioner on probation status and
315	939		requirement of the practitioner to:
316	940		(A) report regularly to the department upon the matters that
317	941		are the basis of probation;
318	942		(B) limit practice to those areas prescribed by the department;
319	943		(C) continue or renew professional education approved by the
320	944		department until a satisfactory degree of skill has been attained
321	945		in those areas that are the basis of the probation; or
322	946		(D) perform or refrain from performing any acts, including
323	947		community restitution or service without compensation, that
324	948		the department considers appropriate to the public interest or
325	949		to the rehabilitation or treatment of the practitioner.
326	950		The department may withdraw or modify this probation if the
327	951		department finds after a hearing that the deficiency that required
328	952		disciplinary action has been remedied or that changed
329	953		circumstances warrant a modification of the order.
330	954		(c) If an applicant or a practitioner has engaged in or knowingly
331	955		cooperated in fraud or material deception to obtain a license to
332	956		practice, including cheating on the licensing examination, the
333	957		department may rescind the license if it has been granted, void the
334	958		examination or other fraudulent or deceptive material, and prohibit the
335	959		applicant from reapplying for the license for a length of time
336	960		established by the department.
337		-	HEA 1167 9
338	961		(d) The department may deny licensure to an applicant who has had
339	962		disciplinary action taken against the applicant or the applicant's license
340	963		to practice in another state or jurisdiction or who has practiced without
341	964		a license in violation of the law. A certified copy of the record of
342	965		disciplinary action is conclusive evidence of the other jurisdiction's
343	966		disciplinary action.
344	967		(e) The department may order a practitioner to submit to a
345	968		reasonable physical or mental examination if the practitioner's physical
346	969		or mental capacity to practice safely and competently is at issue in a
347	970		disciplinary proceeding. Failure to comply with a department order to
348	971		submit to a physical or mental examination makes a practitioner liable
349	972		to temporary suspension under subsection (j).
350	973		(f) Except as provided under subsection (g) or (h), a license may not
351	974		be denied, revoked, or suspended because the applicant or holder has
	975	+	EH 1167—LS 6066/DI 151 24
352	976		been convicted of an offense. The acts from which the applicant's or
353	977		holder's conviction resulted may, however, be considered as to whether
354	978		the applicant or holder should be entrusted to serve the public in a
355	979		specific capacity.
356	980		(g) The department may deny, suspend, or revoke a license issued
357	981		under this chapter if the individual who holds the license is convicted
358	982		of any of the following:
359	983		(1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
360	984		(2) Possession of methamphetamine under IC 35-48-4-6.1.
361	985		(3) Possession of a controlled substance under IC 35-48-4-7(a).
362	986		(4) Fraudulently obtaining a controlled substance under
363	987		IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or
364	988		IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
365	989		(5) Manufacture of paraphernalia as a Class D felony (for a crime
366	990		committed before July 1, 2014) or a Level 6 felony (for a crime
367	991		committed after June 30, 2014) under IC 35-48-4-8.1(b).
368	992		IC 35-48-4-8.1(c).
369	993		(6) Dealing in paraphernalia as a Class D felony (for a crime
370	994		committed before July 1, 2014) or a Level 6 felony (for a crime
371	995		committed after June 30, 2014) under IC 35-48-4-8.5(b).
372	996		(7) Possession of paraphernalia as a Class D felony (for a crime
373	997		committed before July 1, 2014) or a Level 6 felony (for a crime
374	998		committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
375	999		its amendment on July 1, 2015).
376	1000		(8) Possession of marijuana, hash oil, hashish, or salvia as a Class
377	1001		D felony (for a crime committed before July 1, 2014) or a Level
378	1002		6 felony (for a crime committed after June 30, 2014) under
379	1003		IC 35-48-4-11.
380		-	HEA 1167 10
381	1004		(9) A felony offense under IC 35-48-4 involving possession of a
382	1005		synthetic drug (as defined in IC 35-31.5-2-321), possession of a
383	1006		controlled substance analog (as defined in IC 35-48-1-9.3), or
384	1007		possession of a synthetic drug lookalike substance (as defined in
385	1008		IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
386	1009		(A) Class D felony for a crime committed before July 1, 2014;
387	1010		or
388	1011		(B) Level 6 felony for a crime committed after June 30, 2014;
389	1012		under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
390	1013		(10) Maintaining a common nuisance under IC 35-48-4-13
391	1014		(repealed) or IC 35-45-1-5, if the common nuisance involves a
392	1015		controlled substance.
393	1016		(11) An offense relating to registration, labeling, and prescription
394	1017		forms under IC 35-48-4-14.
	1018	+	EH 1167—LS 6066/DI 151 25
395	1019		(h) The department shall deny, revoke, or suspend a license issued
396	1020		under this chapter if the individual who holds the license is convicted
397	1021		of any of the following:
398	1022		(1) Dealing in a controlled substance resulting in death under
399	1023		IC 35-42-1-1.5.
400	1024		(2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
401	1025		(3) Dealing in methamphetamine under IC 35-48-4-1.1.
402	1026		(4) Manufacturing methamphetamine under IC 35-48-4-1.2.
403	1027		(5) Dealing in a schedule I, II, or III controlled substance under
404	1028		IC 35-48-4-2.
405	1029		(6) Dealing in a schedule IV controlled substance under
406	1030		IC 35-48-4-3.
407	1031		(7) Dealing in a schedule V controlled substance under
408	1032		IC 35-48-4-4.
409	1033		(8) Dealing in a substance represented to be a controlled
410	1034		substance under IC 35-48-4-4.5 (repealed).
411	1035		(9) Knowingly or intentionally manufacturing, advertising,
412	1036		distributing, or possessing with intent to manufacture, advertise,
413	1037		or distribute a substance represented to be a controlled substance
414	1038		under IC 35-48-4-4.6.
415	1039		(10) Dealing in a counterfeit substance under IC 35-48-4-5.
416	1040		(11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
417	1041		under IC 35-48-4-10.
418	1042		(12) An offense under IC 35-48-4 involving the manufacture or
419	1043		sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
420	1044		synthetic drug lookalike substance (as defined in
421	1045		IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
422	1046		IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
423		-	HEA 1167 11
424	1047		substance analog (as defined in IC 35-48-1-9.3), or a substance
425	1048		represented to be a controlled substance (as described in
426	1049		IC 35-48-4-4.6).
427	1050		(13) A violation of any federal or state drug law or rule related to
428	1051		wholesale legend drug distributors licensed under IC 25-26-14.
429	1052		(i) A decision of the department under subsections (b) through (h)
430	1053		may be appealed to the commission under IC 4-21.5-3-7.
431	1054		(j) The department may temporarily suspend a practitioner's license
432	1055		under IC 4-21.5-4 before a final adjudication or during the appeals
433	1056		process if the department finds that a practitioner represents a clear and
434	1057		immediate danger to the public's health, safety, or property if the
435	1058		practitioner is allowed to continue to practice.
436	1059		(k) On receipt of a complaint or an information alleging that a
437	1060		person licensed under this chapter has engaged in or is engaging in a
	1061	+	EH 1167—LS 6066/DI 151 26
438	1062		practice that jeopardizes the public health, safety, or welfare, the
439	1063		department shall initiate an investigation against the person.
440	1064		(l) Any complaint filed with the office of the attorney general
441	1065		alleging a violation of this licensing program shall be referred to the
442	1066		department for summary review and for its general information and any
443	1067		authorized action at the time of the filing.
444	1068		(m) The department shall conduct a fact finding investigation as the
445	1069		department considers proper in relation to the complaint.
446	1070		(n) The department may reinstate a license that has been suspended
447	1071		under this section if, after a hearing, the department is satisfied that the
448	1072		applicant is able to practice with reasonable skill, safety, and
449	1073		competency to the public. As a condition of reinstatement, the
450	1074		department may impose disciplinary or corrective measures authorized
451	1075		under this chapter.
452	1076		(o) The department may not reinstate a license that has been
453	1077		revoked under this chapter. An individual whose license has been
454	1078		revoked under this chapter may not apply for a new license until seven
455	1079		(7) years after the date of revocation.
456	1080		(p) The department shall seek to achieve consistency in the
457	1081		application of sanctions authorized in this chapter. Significant
458	1082		departures from prior decisions involving similar conduct must be
459	1083		explained in the department's findings or orders.
460	1084		(q) A practitioner may petition the department to accept the
461	1085		surrender of the practitioner's license instead of having a hearing before
462	1086		the commission. The practitioner may not surrender the practitioner's
463	1087		license without the written approval of the department, and the
464	1088		department may impose any conditions appropriate to the surrender or
465	1089		reinstatement of a surrendered license.
466		-	HEA 1167 12
467	1090		(r) A practitioner who has been subjected to disciplinary sanctions
468	1091		may be required by the commission to pay the costs of the proceeding.
469	1092		The practitioner's ability to pay shall be considered when costs are
470	1093		assessed. If the practitioner fails to pay the costs, a suspension may not
471	1094		be imposed solely upon the practitioner's inability to pay the amount
472	1095		assessed. The costs are limited to costs for the following:
473	1096		(1) Court reporters.
474	1097		(2) Transcripts.
475	1098		(3) Certification of documents.
476	1099		(4) Photo duplication.
477	1100		(5) Witness attendance and mileage fees.
478	1101		(6) Postage.
479	1102		(7) Expert witnesses.
480	1103		(8) Depositions.
	1104	+	EH 1167—LS 6066/DI 151 27
481	1105		(9) Notarizations.
482	1106		SECTION 3. IC 25-1-1.1-2, AS AMENDED BY P.L.142-2020,
483	1107		SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
484	1108		JULY 1, 2025]: Sec. 2. Notwithstanding IC 25-1-7, a board, a
485	1109		commission, or a committee may suspend, deny, or revoke a license or
486	1110		certificate issued under this title by the board, the commission, or the
487	1111		committee without an investigation by the office of the attorney general
488	1112		if the individual who holds the license or certificate is convicted of any
489	1113		of the following and the board, commission, or committee determines,
490	1114		after the individual has appeared in person, that the offense affects the
491	1115		individual's ability to perform the duties of the profession:
492	1116		(1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
493	1117		(2) Possession of methamphetamine under IC 35-48-4-6.1.
494	1118		(3) Possession of a controlled substance under IC 35-48-4-7(a).
495	1119		(4) Fraudulently obtaining a controlled substance under
496	1120		IC 35-48-4-7(c).
497	1121		(5) Manufacture of paraphernalia as a Class D felony (for a crime
498	1122		committed before July 1, 2014) or a Level 6 felony (for a crime
499	1123		committed after June 30, 2014) under IC 35-48-4-8.1(b).
500	1124		IC 35-48-4-8.1(c).
501	1125		(6) Dealing in paraphernalia as a Class D felony (for a crime
502	1126		committed before July 1, 2014) or a Level 6 felony (for a crime
503	1127		committed after June 30, 2014) under IC 35-48-4-8.5(b).
504	1128		(7) Possession of paraphernalia as a Class D felony (for a crime
505	1129		committed before July 1, 2014) or a Level 6 felony (for a crime
506	1130		committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
507	1131		its amendment on July 1, 2015).
508	1132		(8) Possession of marijuana, hash oil, hashish, or salvia as a Class
509		-	HEA 1167 13
510	1133		D felony (for a crime committed before July 1, 2014) or a Level
511	1134		6 felony (for a crime committed after June 30, 2014) under
512	1135		IC 35-48-4-11.
513	1136		(9) A felony offense under IC 35-48-4 involving possession of a
514	1137		synthetic drug (as defined in IC 35-31.5-2-321), possession of a
515	1138		controlled substance analog (as defined in IC 35-48-1-9.3), or
516	1139		possession of a synthetic drug lookalike substance (as defined in
517	1140		IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
518	1141		(A) Class D felony for a crime committed before July 1, 2014;
519	1142		or
520	1143		(B) Level 6 felony for a crime committed after June 30, 2014;
521	1144		under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
522	1145		(10) Maintaining a common nuisance under IC 35-48-4-13
523	1146		(repealed) or IC 35-45-1-5, if the common nuisance involves a
	1147	+	EH 1167—LS 6066/DI 151 28
524	1148		controlled substance.
525	1149		(11) An offense relating to registration, labeling, and prescription
526	1150		forms under IC 35-48-4-14.
527	1151		(12) A sex crime under IC 35-42-4.
528	1152		(13) A felony that reflects adversely on the individual's fitness to
529	1153		hold a professional license.
530	1154		SECTION 4. IC 35-48-4-8.1, AS AMENDED BY P.L.158-2013,
531	1155		SECTION 634, IS AMENDED TO READ AS FOLLOWS
532	1156		[EFFECTIVE JULY 1, 2025]: Sec. 8.1. (a) This section does not
533	1157		apply to an item marketed to detect the presence of a drug or
534	1158		controlled substance, including field test kits and test strips.
535	1159		(a) (b) A person who manufactures, finances the manufacture of, or
536	1160		designs an instrument, a device, or other object that is intended to be
537	1161		used primarily for:
538	1162		(1) introducing into the human body a controlled substance;
539	1163		(2) testing the strength, effectiveness, or purity of a controlled
540	1164		substance; or
541	1165		(3) enhancing the effect of a controlled substance;
542	1166		in violation of this chapter commits a Class A infraction for
543	1167		manufacturing paraphernalia.
544	1168		(b) (c) A person who:
545	1169		(1) knowingly or intentionally violates this section; and
546	1170		(2) has a previous judgment for violation of this section;
547	1171		commits manufacture of paraphernalia, a Level 6 felony.
548	1172		SECTION 5. IC 35-48-4-8.3, AS AMENDED BY P.L.187-2015,
549	1173		SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
550	1174		JULY 1, 2025]: Sec. 8.3. (a) This section does not apply to:
551	1175		(1) a rolling paper; or
552		-	HEA 1167 14
553	1176		(2) an item marketed to detect the presence of a drug or
554	1177		controlled substance, including field test kits and test strips.
555	1178		(b) A person who knowingly or intentionally possesses an
556	1179		instrument, a device, or another object that the person intends to use
557	1180		for:
558	1181		(1) introducing into the person's body a controlled substance;
559	1182		(2) testing the strength, effectiveness, or purity of a controlled
560	1183		substance; or
561	1184		(3) enhancing the effect of a controlled substance;
562	1185		commits a Class C misdemeanor. However, the offense is a Class A
563	1186		misdemeanor if the person has a prior unrelated judgment or conviction
564		-	under this section.
565		-	SECTION 6. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
566		-	SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
567		-	JULY 1, 2025]: Sec. 8.5. (a) A person who keeps for sale, offers for
568		-	sale, delivers, or finances the delivery of a raw material, an instrument,
569		-	a device, or other object that is intended to be or that is designed or
570		-	marketed to be used primarily for:
571		-	(1) ingesting, inhaling, or otherwise introducing into the human
572		-	body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
573		-	controlled substance;
574		-	(2) testing the strength, effectiveness, or purity of marijuana, hash
575		-	oil, hashish, salvia, a synthetic drug, or a controlled substance;
576		-	(3) enhancing the effect of a controlled substance;
577		-	(4) manufacturing, compounding, converting, producing,
578		-	processing, or preparing marijuana, hash oil, hashish, salvia, a
579		-	synthetic drug, or a controlled substance;
580		-	(5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
581		-	synthetic drug, or a controlled substance by individuals; or
582		-	(6) any purpose announced or described by the seller that is in
583		-	violation of this chapter;
584		-	commits a Class A infraction for dealing in paraphernalia.
585		-	(b) A person who knowingly or intentionally violates subsection (a)
586		-	commits a Class A misdemeanor. However, the offense is a Level 6
587		-	felony if the person has a prior unrelated judgment or conviction under
588		-	this section.
589		-	(c) This section does not apply to the following:
590		-	(1) Items marketed for use in the preparation, compounding,
591		-	packaging, labeling, or other use of marijuana, hash oil, hashish,
592		-	salvia, a synthetic drug, or a controlled substance as an incident
593		-	to lawful research, teaching, or chemical analysis and not for sale.
594		-	(2) Items marketed for or historically and customarily used in
595		-	HEA 1167 15
596		-	connection with the planting, propagating, cultivating, growing,
597		-	harvesting, manufacturing, compounding, converting, producing,
598		-	processing, preparing, testing, analyzing, packaging, repackaging,
599		-	storing, containing, concealing, injecting, ingesting, or inhaling
600		-	of tobacco or any other lawful substance.
601		-	(3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
602		-	a syringe or needle as part of a program under IC 16-41-7.5.
603		-	(4) Any entity or person that provides funding to a qualified entity
604		-	(as defined in IC 16-41-7.5-3) to operate a program described in
605		-	IC 16-41-7.5.
606		-	(5) Items marketed to detect the presence of a drug or
607		-	controlled substance, including field test kits and test strips.
608		-	HEA 1167 Speaker of the House of Representatives
609		-	President of the Senate
610		-	President Pro Tempore
611		-	Governor of the State of Indiana
612		-	Date: Time:
613		-	HEA 1167
	1187	+	under this section.".
	1188	+	Page 2, delete lines 1 through 12.
	1189	+	Page 2, reset in roman lines 22 through 23.
	1190	+	EH 1167—LS 6066/DI 151 29
	1191	+	Page 2, line 24, reset in roman "(3)".
	1192	+	Page 2, line 24, delete "(2)".
	1193	+	Page 2, line 25, reset in roman "(4)".
	1194	+	Page 2, line 25, delete "(3)".
	1195	+	Page 2, line 28, reset in roman "(5)".
	1196	+	Page 2, line 28, delete "(4)".
	1197	+	Page 2, line 30, reset in roman "(6)".
	1198	+	Page 2, line 30, delete "(5)".
	1199	+	Page 3, after line 10, begin a new line block indented and insert:
	1200	+	"(5) Items marketed to detect the presence of a drug or
	1201	+	controlled substance, including field test kits and test strips.".
	1202	+	Renumber all SECTIONS consecutively.
	1203	+	and when so amended that said bill do pass.
	1204	+	(Reference is to HB 1167 as introduced.)
	1205	+	MCNAMARA
	1206	+	Committee Vote: yeas 13, nays 0.
	1207	+	_____
	1208	+	COMMITTEE REPORT
	1209	+	Mr. President: The Senate Committee on Corrections and Criminal
	1210	+	Law, to which was referred House Bill No. 1167, has had the same
	1211	+	under consideration and begs leave to report the same back to the
	1212	+	Senate with the recommendation that said bill DO PASS.
	1213	+	(Reference is to HB 1167 as printed January 21, 2025.)
	1214	+
	1215	+	FREEMAN, Chairperson
	1216	+	Committee Vote: Yeas 9, Nays 0
	1217	+	EH 1167—LS 6066/DI 151