Indiana 2025 2025 Regular Session

Indiana House Bill HB1572 Introduced / Bill

Filed 01/15/2025

                     
Introduced Version
HOUSE BILL No. 1572
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 25-1-9.5-3.5; IC 25-20-1; IC 25-35.6.
Synopsis:  Hearing aids and speech-language pathologists. Adds
speech-language pathology assistant to the definition of "practitioner"
for purposes of the provision of telehealth. Specifies services included
in the definition of "audiology". Allows for the sale, use, provision of
customer service, or distribution of an over-the-counter hearing aid
without the fitting of the hearing aid by a hearing aid dealer who has
been issued a certificate of registration or a licensed audiologist.
(Current law does not differentiate between a prescription hearing aid
and an over-the-counter hearing aid concerning the fitting of the
hearing aid.) 
Effective:  July 1, 2025.
Goss-Reaves
January 21, 2025, read first time and referred to Committee on Public Health.
2025	IN 1572—LS 7587/DI 104 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. 1572
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 JULY 1, 2025]: Sec. 3.5. (a) As used in this chapter, "practitioner"
4 means an individual who holds an unlimited license to practice as any
5 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 1572—LS 7587/DI 104 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 speech-language pathology assistant (IC
33 25-35.6-1-2(g)(3)).
34 (3) (4) A clinical fellow in speech language pathology.
35 (4) (5) A student who:
36 (A) is pursuing a course of study in, or is a graduate from, a
37 program in a profession specified in subsection (a)(1) through
38 (a)(22); and
39 (B) is providing services directed by an individual who holds
40 a license in Indiana for that profession.
41 (5) (6) The following providers within a community mental health
42 center:
2025	IN 1572—LS 7587/DI 104 3
1 (A) A qualified behavioral health professional.
2 (B) Other behavioral health professional.
3 (6) (7) A physical therapist assistant certified under
4 IC 25-27-1-6.3.
5 (c) The term includes a behavior analyst during the time in which
6 the professional licensing agency is preparing to implement licensure
7 of behavioral analysts under IC 25-8.5. This subsection expires January
8 1, 2025.
9 SECTION 2. IC 25-20-1-1, AS AMENDED BY P.L.178-2014,
10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2025]: Sec. 1. Except as the context requires otherwise:
12 "Board" shall mean the medical licensing board.
13 "Committee" means the committee of hearing aid dealer examiners.
14 "Over-the-counter hearing aid" has the meaning set forth in 21
15 CFR 800.30(b).
16 "Prescription hearing aid" shall mean any instrument or device
17 worn on the human body, designed and fit for an individual with a
18 hearing loss and any parts, attachments or accessories of such an
19 instrument or device. The term does not include a personal sound
20 amplifier. has the meaning set forth in 21 CFR 800.30(b).
21 "Personal sound amplifier" means a device that simply magnifies
22 sound and does not address an individual's specific hearing loss.
23 "Fit hearing aids" shall mean the hearing aid dealer's or salesman's
24 evaluation or measurement of the powers or range of human hearing
25 for the subsequent selection or adaption or sale of hearing aids.
26 "Dispense hearing aids" shall mean the sale, lease or rental of a
27 hearing aid to anyone other than a hearing aid dealer.
28 "Hearing aid dealer" shall mean any person who fits or dispenses
29 hearing aids and who receives a commission or salary derived from the
30 sale of such devices or maintenance of such devices except any person
31 who serves said dealer only in an administrative or clerical manner and
32 who does not evaluate, fit or dispense hearing aids shall be excluded.
33 "Audiologist" means an individual holding a license to practice
34 audiology issued under IC 25-35.6.
35 "Registration" shall refer to the legal privilege given a person who
36 holds a hearing aid dealer certificate of registration; and "Temporary
37 Registration" shall refer to the legal privilege given a person who holds
38 a temporary hearing aid dealer certificate of registration.
39 SECTION 3. IC 25-20-1-2, AS AMENDED BY P.L.90-2019,
40 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2025]: Sec. 2. (a) This section does not apply to:
42 (1) a person who is an audiologist licensed under IC 25-35.6; or
2025	IN 1572—LS 7587/DI 104 4
1 (2) the sale of hearing aid batteries or cords; or
2 (3) the sale, use, provision of customer service, or distribution
3 of an over-the-counter hearing aid.
4 (b) It is unlawful for a person to fit or dispense prescription hearing
5 aids in Indiana unless the person is:
6 (1) an individual who holds a valid hearing aid dealer certificate
7 of registration; or
8 (2) a hearing aid dealer in training who fits or dispenses hearing
9 aids while under the supervision and direction of an individual
10 who holds a temporary or valid hearing aid dealer certificate of
11 registration;
12 issued by the committee.
13 (c) It is unlawful for a person to fit hearing aids in Indiana
14 unless the person is:
15 (1) an individual who holds a valid hearing aid dealer
16 certificate of registration; or
17 (2) a hearing aid dealer in training who fits hearing aids while
18 under the supervision and direction of an individual who
19 holds a temporary or valid hearing aid dealer certificate of
20 registration;
21 issued by the committee.
22 SECTION 4. IC 25-35.6-1-2, AS AMENDED BY P.L.212-2005,
23 SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2025]: Sec. 2. (a) As used in this article, "board" means the
25 speech-language pathology and audiology board established by this
26 article.
27 (b) As used in this article, "person" means any individual,
28 organization, or corporate body, except that only an individual may be
29 licensed under this article.
30 (c) As used in this article, "speech-language pathologist" means an
31 individual who practices speech-language pathology and who presents
32 himself or herself to the public by any title or description of services
33 incorporating the words speech pathologist, speech-language
34 pathologist, speech therapist, speech-language specialist, teacher of
35 communication disorders, speech correctionist, speech clinician,
36 language pathologist, language therapist, logopedist, communicologist,
37 voice therapist, voice pathologist, or any similar title or description of
38 service.
39 (d) As used in this article, "speech-language pathology" means the
40 application of nonmedical and nonsurgical principles, methods, and
41 procedures for the following:
42 (1) The prevention, evaluation, habilitation, rehabilitation,
2025	IN 1572—LS 7587/DI 104 5
1 instruction, and research of communication and swallowing
2 disorders.
3 (2) The elective modification of communication behaviors.
4 (3) The enhancement of communication, including the use of
5 augmentative or alternate communication strategies.
6 (e) As used in this article, "audiologist" means an individual who
7 practices audiology and who presents himself or herself to the public
8 by any title or description of services incorporating the words
9 audiologist, hearing clinician, hearing therapist, hearing specialist,
10 audiometrist, vestibular specialist, or any similar title or description of
11 service.
12 (f) As used in this article, "audiology" means the application of
13 nonmedical and nonsurgical principles, methods, and procedures of
14 prevention, evaluation, habilitation, rehabilitation, instruction, and
15 research of disorders of hearing, auditory function, and vestibular
16 function. The term includes:
17 (1) the selling and fitting of prescription hearing aids and
18 over-the-counter hearing aids;
19 (2) auditory training; and
20 (3) speech reading.
21 (g) As used in this article, "support personnel" means individuals
22 who meet the qualifications which the board shall establish for the
23 following:
24 (1) Speech-language pathology aide.
25 (2) Speech-language pathology associate.
26 (3) Speech-language pathology assistant.
27 (h) As used in this article, "audiology assistant" means an individual
28 who:
29 (1) is not licensed as an audiologist under this article;
30 (2) meets qualifications which the board may establish; and
31 (3) provides specific services under the direction and supervision
32 of a licensed audiologist.
33 (i) As used in this article, "clinical fellowship" means a supervised
34 professional experience.
35 (j) As used in this article, "direct supervision" means onsite
36 observation and guidance while an assigned evaluation or therapeutic
37 activity is being performed.
38 SECTION 5. IC 25-35.6-4-1, AS ADDED BY P.L.178-2014,
39 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2025]: Sec. 1. (a) This section does not apply to the
41 following:
42 (1) A prescription or order by a person who:
2025	IN 1572—LS 7587/DI 104 6
1 (1) (A) is licensed, certified, registered, or regulated by a
2 board listed in IC 25-1-9-1; and
3 (2) (B) has authority to issue a prescription or order for a
4 hearing aid.
5 (2) The sale, use, marketing, provision of customer services,
6 or distribution of an over-the-counter hearing aid.
7 (b) A person may not sell, lease, or rent a prescription hearing aid
8 (as defined in IC 25-20-1-1) in Indiana unless the hearing aid has been
9 fitted in person by any of the following:
10 (1) A hearing aid dealer who has been issued a certificate of
11 registration under IC 25-20.
12 (2) An audiologist who is licensed under this article.
13 (c) A person who violates this section commits a Class B infraction.
2025	IN 1572—LS 7587/DI 104