Introduced Version
HOUSE BILL No. 1261
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 25-1-9.5-3.5; IC 25-8.5; IC 25-22.5-2-7.
Synopsis: Behavior analysis. Reenacts, and extends the expiration
date of, the term "practitioner". Establishes a temporary license for
behavior analysts and assistant behavior analysts. Establishes a
temporary certification for behavior technicians. Makes conforming
changes.
Effective: January 1, 2025 (retroactive); July 1, 2025.
Greene
January 9, 2025, read first time and referred to Committee on Employment, Labor and
Pensions.
2025 IN 1261—LS 7331/DI 153 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1261
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 25-1-9.5-3.5, AS AMENDED BY P.L.109-2022,
2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 3.5. (a) As used in this
4 chapter, "practitioner" means an individual who holds an unlimited
5 license to practice as any of the following in Indiana:
6 (1) An athletic trainer licensed under IC 25-5.1.
7 (2) A chiropractor licensed under IC 25-10.
8 (3) A dental hygienist licensed under IC 25-13.
9 (4) The following:
10 (A) A dentist licensed under IC 25-14.
11 (B) An individual who holds a dental residency permit issued
12 under IC 25-14-1-5.
13 (C) An individual who holds a dental faculty license under
14 IC 25-14-1-5.5.
15 (5) A diabetes educator licensed under IC 25-14.3.
16 (6) A dietitian licensed under IC 25-14.5.
17 (7) A genetic counselor licensed under IC 25-17.3.
2025 IN 1261—LS 7331/DI 153 2
1 (8) The following:
2 (A) A physician licensed under IC 25-22.5.
3 (B) An individual who holds a temporary permit under
4 IC 25-22.5-5-4.
5 (9) A nurse licensed under IC 25-23.
6 (10) The following:
7 (A) An occupational therapist licensed under IC 25-23.5.
8 (B) An occupational therapy assistant licensed under
9 IC 25-23.5.
10 (11) Any behavioral health and human services professional
11 licensed under IC 25-23.6.
12 (12) An optometrist licensed under IC 25-24.
13 (13) A pharmacist licensed under IC 25-26.
14 (14) A physical therapist licensed under IC 25-27.
15 (15) A physician assistant licensed under IC 25-27.5.
16 (16) A podiatrist licensed under IC 25-29.
17 (17) A psychologist licensed under IC 25-33.
18 (18) A respiratory care practitioner licensed under IC 25-34.5.
19 (19) A speech-language pathologist or audiologist licensed under
20 IC 25-35.6.
21 (20) A veterinarian licensed under IC 25-38.1.
22 (21) A behavior analyst licensed under IC 25-8.5.
23 (22) A school psychologist licensed by the department of
24 education.
25 (b) The term includes the following:
26 (1) A developmental therapist enrolled by the bureau of child
27 development services to provide special instruction, as defined in
28 34 CFR 303.13(b)(14), to infants and toddlers receiving early
29 intervention services.
30 (2) A peer as defined in IC 12-21-8-5 and certified by the division
31 of mental health and addiction.
32 (3) A clinical fellow in speech language pathology.
33 (4) A student who:
34 (A) is pursuing a course of study in, or is a graduate from, a
35 program in a profession specified in subsection (a)(1) through
36 (a)(22); and
37 (B) is providing services directed by an individual who holds
38 a license in Indiana for that profession.
39 (5) The following providers within a community mental health
40 center:
41 (A) A qualified behavioral health professional.
42 (B) Other behavioral health professional.
2025 IN 1261—LS 7331/DI 153 3
1 (6) A physical therapist assistant certified under IC 25-27-1-6.3.
2 (c) The term includes a behavior analyst during the time in which
3 the professional licensing agency is preparing to implement licensure
4 of behavioral analysts under IC 25-8.5. This subsection expires January
5 1, 2025.
6 (c) The term includes a behavior analyst during the time in
7 which the professional licensing agency is preparing to implement
8 licensure of behavioral analysts under IC 25-8.5. This subsection
9 expires June 30, 2026.
10 SECTION 2. IC 25-8.5-2-6, AS ADDED BY P.L.212-2021,
11 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2025]: Sec. 6. (a) The committee shall recommend proposed
13 rules to the board establishing standards for the following:
14 (1) The competent practice of behavior analysis.
15 (2) The renewal of licenses issued under this chapter.
16 (3) Continuing education requirements for an individual seeking
17 renewal of licensure as a behavior analyst or assistant behavior
18 analyst.
19 (4) The approval of continuing education providers, programs,
20 courses, fees, and proof of course completion.
21 The board, after considering the committee's recommendations under
22 this subsection, shall adopt rules under IC 4-22-2 concerning the
23 standards described in this subsection.
24 (b) The committee shall recommend, and the board, after
25 considering the committee's recommendations, shall establish fees
26 under IC 25-1-8-2.
27 (c) The committee shall do the following:
28 (1) Consider the qualifications of individuals who apply for a
29 license under this chapter or a certification under this article.
30 (2) Subject to IC 25-1-8-6, renew licenses under this article.
31 (3) Conduct proceedings under IC 25-1-9.
32 SECTION 3. IC 25-8.5-3-1.5 IS ADDED TO THE INDIANA
33 CODE AS A NEW SECTION TO READ AS FOLLOWS
34 [EFFECTIVE JULY 1, 2025]: Sec. 1.5. (a) To be issued a temporary
35 license as a behavior analyst, an individual must do the following:
36 (1) Pay the fee established by the board that is sufficient to
37 cover the operations of the committee.
38 (2) Furnish satisfactory evidence to the committee that the
39 applicant has submitted a complete application under section
40 1 of this chapter.
41 (3) Submit to a national criminal history background check
42 under IC 25-1-1.1-4 and furnish satisfactory evidence to the
2025 IN 1261—LS 7331/DI 153 4
1 committee that the individual has not been convicted of a
2 crime that has a direct bearing on the individual's ability to
3 practice competently.
4 (b) A temporary license must be issued not more than five (5)
5 business days after the committee receives an applicant's complete
6 application.
7 (c) A temporary license expires on the earlier of:
8 (1) ninety (90) days after the temporary license is issued; or
9 (2) the date the individual holding the temporary license is
10 issued a license under section 1 of this chapter.
11 (d) An individual may receive a total of one (1) temporary
12 license. A temporary license may not be renewed.
13 SECTION 4. IC 25-8.5-3-2, AS ADDED BY P.L.212-2021,
14 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2025]: Sec. 2. (a) To be issued a license as an assistant
16 behavior analyst, an individual must do the following:
17 (1) Furnish satisfactory evidence to the committee that the
18 individual is certified as a board certified assistant behavior
19 analyst by:
20 (A) the Behavior Analyst Certification Board, Inc., or its
21 successor; or
22 (B) another entity approved by the committee.
23 (2) Submit to a national criminal history background check under
24 IC 25-1-1.1-4 and furnish satisfactory evidence to the committee
25 that the individual has not been convicted of a crime that has a
26 direct bearing on the individual's ability to practice competently.
27 (3) Furnish satisfactory evidence to the committee that the
28 individual has not been the subject of a disciplinary action by a
29 licensing or certification agency of another state or jurisdiction on
30 the grounds that the individual was not able to practice behavior
31 analysis without endangering the public.
32 (4) Apply for the license in the manner prescribed by the
33 committee.
34 (5) Pay the fee established by the board that is sufficient to cover
35 the operations of the committee.
36 (b) An individual who is licensed as an assistant behavior analyst
37 under this section:
38 (1) must be directly supervised by a behavior analyst licensed
39 under section 1 of this chapter; and
40 (2) must submit to the committee a written record of the
41 supervision provided to the individual by a behavior analyst
42 licensed under section 1 of this chapter.
2025 IN 1261—LS 7331/DI 153 5
1 SECTION 5. IC 25-8.5-3-2.5 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 2.5. (a) To be issued a temporary
4 license as an assistant behavior analyst, an individual must do the
5 following:
6 (1) Pay the fee established by the board that is sufficient to
7 cover the operations of the committee.
8 (2) Furnish satisfactory evidence to the committee that the
9 applicant has submitted a complete application under section
10 2 of this chapter.
11 (3) Submit to a national criminal history background check
12 under IC 25-1-1.1-4 and furnish satisfactory evidence to the
13 committee that the individual has not been convicted of a
14 crime that has a direct bearing on the individual's ability to
15 practice competently.
16 (b) A temporary license must be issued not more than five (5)
17 business days after the committee receives an applicant's complete
18 application.
19 (c) A temporary license expires on the earlier of:
20 (1) ninety (90) days after the temporary license is issued; or
21 (2) the date the individual holding the temporary license is
22 issued a license under section 2 of this chapter.
23 (d) An individual may receive a total of one (1) temporary
24 license. A temporary license may not be renewed.
25 (e) An individual who is temporarily licensed must be directly
26 supervised by a behavior analyst licensed under section 1 of this
27 chapter.
28 SECTION 6. IC 25-8.5-3-2.7 IS ADDED TO THE INDIANA
29 CODE AS A NEW SECTION TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2025]: Sec. 2.7. (a) To be issued a temporary
31 certification as a behavior technician, an individual must do the
32 following:
33 (1) Pay the fee established by the board that is sufficient to
34 cover the operations of the committee.
35 (2) Furnish satisfactory evidence to the committee that the
36 applicant has:
37 (A) met each of the eligibility requirements for a registered
38 behavior technician certification issued by the Behavior
39 Analyst Certification Board, Inc.; and
40 (B) received approval from the Behavior Analyst
41 Certification Board, Inc., to take the registered behavior
42 technician examination offered by the organization.
2025 IN 1261—LS 7331/DI 153 6
1 (3) Submit to a national criminal history background check
2 under IC 25-1-1.1-4 and furnish satisfactory evidence to the
3 committee that the individual has not been convicted of a
4 crime that has a direct bearing on the individual's ability to
5 practice competently.
6 (b) A temporary certification must be issued not more than five
7 (5) business days after the committee receives an applicant's
8 complete application.
9 (c) A temporary certification expires on the earlier of:
10 (1) ninety (90) days after the temporary certification is issued;
11 or
12 (2) the date the individual holding the temporary certification
13 is issued a registered behavior technician certification by the
14 Behavior Analyst Certification Board, Inc.
15 (d) An individual may receive a total of one (1) temporary
16 certification. A temporary certification may not be renewed.
17 SECTION 7. IC 25-22.5-2-7, AS AMENDED BY P.L.3-2024,
18 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2025]: Sec. 7. (a) The board shall do the following:
20 (1) Adopt rules and forms necessary to implement this article that
21 concern, but are not limited to, the following areas:
22 (A) Qualification by education, residence, citizenship,
23 training, and character for admission to an examination for
24 licensure or by endorsement for licensure.
25 (B) The examination for licensure.
26 (C) The license or permit.
27 (D) Fees for examination, permit, licensure, and registration.
28 (E) Reinstatement of licenses and permits.
29 (F) Payment of costs in disciplinary proceedings conducted by
30 the board.
31 (2) Administer oaths in matters relating to the discharge of the
32 board's official duties.
33 (3) Enforce this article and assign to the personnel of the agency
34 duties as may be necessary in the discharge of the board's duty.
35 (4) Maintain, through the agency, full and complete records of all
36 applicants for licensure or permit and of all licenses and permits
37 issued.
38 (5) Make available, upon request, the complete schedule of
39 minimum requirements for licensure or permit.
40 (6) Issue, at the board's discretion, a temporary permit to an
41 applicant for the interim from the date of application until the
42 next regular meeting of the board.
2025 IN 1261—LS 7331/DI 153 7
1 (7) Issue an unlimited license, a limited license, or a temporary
2 medical permit, depending upon the qualifications of the
3 applicant, to any applicant who successfully fulfills all of the
4 requirements of this article.
5 (8) Adopt rules establishing standards for the competent practice
6 of medicine, osteopathic medicine, or any other form of practice
7 regulated by a limited license or permit issued under this article.
8 (9) Adopt rules regarding the appropriate prescribing of Schedule
9 III or Schedule IV controlled substances for the purpose of weight
10 reduction or to control obesity.
11 (10) Adopt rules establishing standards for office based
12 procedures that require moderate sedation, deep sedation, or
13 general anesthesia.
14 (11) Adopt rules or protocol establishing the following:
15 (A) An education program to be used to educate women
16 concerning breast density, including breast density
17 classifications set forth in IC 25-22.5-13.2-1.
18 (B) Standards for providing an annual screening or diagnostic
19 test for a woman who is at least forty (40) years of age whose
20 breast and connective tissue in comparison to fat in the breast
21 is determined to be dense.
22 (12) Adopt rules establishing standards and protocols for the
23 prescribing of controlled substances.
24 (13) Adopt rules as set forth in IC 25-23.4 concerning the
25 certification of certified direct entry midwives.
26 (14) In consultation with the Indiana department of health and the
27 office of the secretary of family and social services, adopt rules
28 under IC 4-22-2 or protocols concerning the following for
29 providers that are providing office based opioid treatment:
30 (A) Requirements of a treatment agreement (as described in
31 IC 12-23-20-2) concerning the proper referral and treatment of
32 mental health and substance use.
33 (B) Parameters around the frequency and types of visits
34 required for the periodic scheduled visits required by
35 IC 12-23-20-2.
36 (C) Conditions on when the following should be ordered or
37 performed:
38 (i) A urine toxicology screening.
39 (ii) HIV, hepatitis B, and hepatitis C testing.
40 (D) Required documentation in a patient's medical record
41 when buprenorphine is prescribed over a specified dosage.
42 (15) Adopt rules as set forth in IC 25-14.5 concerning the
2025 IN 1261—LS 7331/DI 153 8
1 certification of certified dietitians.
2 (16) Adopt rules and establish fees as set forth in IC 25-8.5-2-6
3 concerning the licensure of behavior analysts and behavior
4 technicians.
5 (17) Administer the interstate medical licensure compact under
6 IC 25-22.5-16, including appointing members to the interstate
7 medical licensure compact commission and adopting any rules
8 necessary to administer the compact.
9 (b) The board may adopt rules that establish:
10 (1) certification requirements for child death pathologists;
11 (2) an annual training program for child death pathologists under
12 IC 16-35-7-3(b)(2); and
13 (3) a process to certify a qualified child death pathologist.
14 (c) The board may adopt rules under IC 4-22-2 establishing
15 guidelines for the practice of telehealth in Indiana. Adoption of rules
16 under this subsection may not delay the implementation and provision
17 of telehealth services by a provider under IC 25-1-9.5.
18 SECTION 8. An emergency is declared for this act.
2025 IN 1261—LS 7331/DI 153