| 1 | + | *ES0176.1* |
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| 2 | + | March 13, 2025 |
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| 3 | + | ENGROSSED |
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| 4 | + | SENATE BILL No. 176 |
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| 5 | + | _____ |
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| 6 | + | DIGEST OF SB 176 (Updated March 11, 2025 12:03 pm - DI 147) |
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| 7 | + | Citations Affected: IC 25-23. |
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| 8 | + | Synopsis: Nursing matters. Adds members to the Indiana state board |
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| 9 | + | of nursing and changes the required qualifications for certain members. |
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| 10 | + | Amends the requirements that an individual applying for a license to |
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| 11 | + | practice as a licensed practical nurse must meet. Provides that an |
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| 12 | + | applicant for a state accredited program of practical nursing (program) |
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| 13 | + | is not required to have a high school diploma or its equivalent. |
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| 14 | + | Requires a student of the program to obtain a high school diploma or |
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| 15 | + | its equivalent before completing the program. |
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| 16 | + | Effective: July 1, 2025. |
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| 17 | + | Yoder, Charbonneau, Johnson T, |
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| 18 | + | Becker, Busch, Bohacek, Leising, |
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| 19 | + | Crider, Jackson L, Ford J.D., |
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| 20 | + | Randolph Lonnie M, Alexander, |
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| 21 | + | Alting, Raatz, Buck, Glick, Hunley, |
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| 22 | + | Spencer, Qaddoura, Pol Jr., |
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| 23 | + | Niezgodski, Taylor G, Tomes |
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| 24 | + | (HOUSE SPONSORS — BARRETT, BEHNING, SHACKLEFORD) |
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| 25 | + | January 8, 2025, read first time and referred to Committee on Health and Provider |
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| 26 | + | Services. |
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| 27 | + | January 16, 2025, amended, reported favorably — Do Pass. |
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| 28 | + | January 21, 2025, read second time, ordered engrossed. Engrossed. |
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| 29 | + | January 23, 2025, read third time, passed. Yeas 49, nays 0. |
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| 30 | + | HOUSE ACTION |
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| 31 | + | March 3, 2025, read first time and referred to Committee on Public Health. |
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| 32 | + | March 13, 2025, amended, reported — Do Pass. |
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| 33 | + | ES 176—LS 6480/DI 148 March 13, 2025 |
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15 | | - | SECTION 1. IC 25-23-1-2, AS AMENDED BY P.L.131-2020, |
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| 49 | + | 1 SECTION 1. IC 25-23-1-2, AS AMENDED BY P.L.131-2020, |
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| 50 | + | 2 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 51 | + | 3 JULY 1, 2025]: Sec. 2. (a) There is established the Indiana state board |
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| 52 | + | 4 of nursing consisting of nine (9) eleven (11) members appointed by the |
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| 53 | + | 5 governor as follows, each to serve a term under IC 25-1-6.5: |
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| 54 | + | 6 (1) Subject to IC 25-1-6.5-3, six (6) eight (8) of the board |
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| 55 | + | 7 members must be registered nurses who are committed to |
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| 56 | + | 8 advancing and safeguarding the nursing profession as a whole. |
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| 57 | + | 9 One (1) Two (2) of the members appointed under this subdivision |
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| 58 | + | 10 must be an advanced practice registered nurse with at least one |
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| 59 | + | 11 (1) member who has, or has had, prescriptive authority. One (1) |
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| 60 | + | 12 of the members appointed under this subdivision must be a |
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| 61 | + | 13 current faculty member of a prelicensure nursing program |
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| 62 | + | 14 who has: |
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| 63 | + | 15 (A) administrative leadership responsibilities; and |
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| 64 | + | 16 (B) at least one (1) year of experience as a faculty member |
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| 65 | + | 17 with the responsibilities described in clause (A). |
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| 66 | + | ES 176—LS 6480/DI 148 2 |
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| 67 | + | 1 (2) Two (2) of the board's members must be licensed practical |
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| 68 | + | 2 nurses. |
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| 69 | + | 3 (3) One (1) member of the board, to represent the general public, |
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| 70 | + | 4 must be a resident of this state and not be associated with nursing |
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| 71 | + | 5 in any way other than as a consumer. |
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| 72 | + | 6 (b) A member of the board may be removed under IC 25-1-6.5-4. |
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| 73 | + | 7 SECTION 2. IC 25-23-1-5 IS AMENDED TO READ AS |
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| 74 | + | 8 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) The board shall |
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| 75 | + | 9 meet annually. At its first meeting of the calendar year, it shall elect |
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| 76 | + | 10 from the membership a president, a vice president, and a secretary. It |
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| 77 | + | 11 shall hold such other meetings during the year as may be necessary for |
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| 78 | + | 12 the transaction of its business. |
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| 79 | + | 13 (b) Five (5) Six (6) members of the board constitute a quorum. An |
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| 80 | + | 14 affirmative vote of a majority of the members appointed to the board |
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| 81 | + | 15 is required for action of the board. |
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| 82 | + | 16 SECTION 3. IC 25-23-1-12, AS AMENDED BY P.L.17-2024, |
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| 83 | + | 17 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 84 | + | 18 JULY 1, 2025]: Sec. 12. (a) A person who applies to the board for a |
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| 85 | + | 19 license to practice as a licensed practical nurse must: |
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| 86 | + | 20 (1) not have been convicted of: |
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| 87 | + | 21 (A) an act which would constitute a ground for disciplinary |
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| 88 | + | 22 sanction under IC 25-1-9; or |
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| 89 | + | 23 (B) a crime that has a direct bearing on the person's ability to |
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| 90 | + | 24 practice competently; |
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| 91 | + | 25 (2) have completed: |
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| 92 | + | 26 (A) the prescribed curriculum and: |
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| 93 | + | 27 (i) met the graduation requirements of a state accredited |
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| 94 | + | 28 program of practical nursing; that only accepts students who |
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| 95 | + | 29 have a high school diploma or its equivalent, and |
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| 96 | + | 30 (ii) provided proof of having earned a high school |
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| 97 | + | 31 diploma or its equivalent to the state accredited |
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| 98 | + | 32 program; |
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| 99 | + | 33 as determined by the board; or |
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| 100 | + | 34 (B) the prescribed curriculum and graduation requirements of |
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| 101 | + | 35 a nursing education program in a foreign country that is |
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| 102 | + | 36 substantially equivalent to a board approved program as |
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| 103 | + | 37 determined by the board. The board may by rule adopted under |
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| 104 | + | 38 IC 4-22-2 require an applicant under this subsection to |
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| 105 | + | 39 successfully complete an examination approved by the board |
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| 106 | + | 40 to measure the applicant's qualifications and background in the |
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| 107 | + | 41 practice of nursing and proficiency in the English language; |
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| 108 | + | 42 and |
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| 109 | + | ES 176—LS 6480/DI 148 3 |
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| 110 | + | 1 (3) be physically and mentally capable of, and professionally |
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| 111 | + | 2 competent to, safely engage in the practice of practical nursing as |
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| 112 | + | 3 determined by the board. |
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| 113 | + | 4 An applicant meets the English proficiency requirement under |
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| 114 | + | 5 subdivision (2) if the applicant passes an English course as certified in |
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| 115 | + | 6 the transcript from the board's approved nursing education program or |
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| 116 | + | 7 submits proof of passing the National Council Licensure Examination |
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| 117 | + | 8 (NCLEX) that was taken in only the English language. |
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| 118 | + | 9 (b) The applicant must pass an examination in such subjects as the |
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| 119 | + | 10 board may determine. |
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| 120 | + | 11 (c) The board may issue a temporary licensed practical nurse permit |
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| 121 | + | 12 to practice as a licensed practical nurse applicant to a person who has |
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| 122 | + | 13 initially applied for license by examination, after the board receives the |
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| 123 | + | 14 necessary materials to determine compliance with subsection (a). The |
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| 124 | + | 15 temporary licensed practical nurse permit is valid until the earlier of six |
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| 125 | + | 16 (6) months after issuance or the licensed practical nurse applicant's |
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| 126 | + | 17 examination results under subsection (b) are received. If the licensed |
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| 127 | + | 18 practical nurse applicant does not receive a passing score on the first |
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| 128 | + | 19 examination under subsection (b), the temporary licensed practical |
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| 129 | + | 20 nurse permit is no longer valid. |
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| 130 | + | 21 (d) A licensed practical nurse applicant must: |
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| 131 | + | 22 (1) practice under the supervision of a licensed practical nurse or |
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| 132 | + | 23 registered nurse; and |
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| 133 | + | 24 (2) use the abbreviation "LPNG" after the licensed practical nurse |
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| 134 | + | 25 graduate's name. |
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| 135 | + | 26 (e) The board may issue by endorsement a license to practice as a |
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| 136 | + | 27 licensed practical nurse to an applicant who has been licensed as a |
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| 137 | + | 28 licensed practical nurse, by examination, under the laws of another |
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| 138 | + | 29 state if the applicant presents proof satisfactory to the board that, at the |
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| 139 | + | 30 time of application for an Indiana license by endorsement, the applicant |
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| 140 | + | 31 possesses credentials and qualifications that are substantially |
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| 141 | + | 32 equivalent to requirements in Indiana for licensure by examination. The |
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| 142 | + | 33 board may specify by rule what shall constitute substantial equivalence |
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| 143 | + | 34 under this subsection. |
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| 144 | + | 35 (f) The board shall issue by endorsement or examination a license |
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| 145 | + | 36 to practice as a licensed practical nurse to an applicant who: |
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| 146 | + | 37 (1) is a graduate of a foreign nursing school; |
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| 147 | + | 38 (2) has successfully passed the National Council Licensure |
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| 148 | + | 39 Examination (NCLEX); |
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| 149 | + | 40 (3) provides: |
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| 150 | + | 41 (A) documentation that the applicant has: |
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| 151 | + | 42 (i) taken an examination prepared by the Commission on |
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| 152 | + | ES 176—LS 6480/DI 148 4 |
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| 153 | + | 1 Graduates of Foreign Nursing Schools International, Inc. |
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| 154 | + | 2 (CGFNS); and |
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| 155 | + | 3 (ii) achieved the passing score required on the examination |
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| 156 | + | 4 at the time the examination was taken; |
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| 157 | + | 5 (B) a satisfactory Credentials Evaluation Service Professional |
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| 158 | + | 6 Report issued by CGFNS; |
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| 159 | + | 7 (C) a VisaScreen Certificate verification letter issued by |
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| 160 | + | 8 CGFNS; or |
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| 161 | + | 9 (D) a satisfactory credential verification assessment from an |
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| 162 | + | 10 organization that is a member of the National Association of |
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| 163 | + | 11 Credential Evaluation Services or any other organization |
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| 164 | + | 12 approved by the board; and |
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| 165 | + | 13 (4) meets the other requirements of this section. |
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| 166 | + | 14 (g) Each applicant for examination and registration to practice as a |
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| 167 | + | 15 practical nurse shall pay: |
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| 168 | + | 16 (1) a fee set by the board; and |
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| 169 | + | 17 (2) if the applicant is applying for a multistate license (as defined |
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| 170 | + | 18 in IC 25-42-1-11) under IC 25-42 (Nurse Licensure Compact), a |
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| 171 | + | 19 fee of twenty-five dollars ($25) in addition to the fee under |
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| 172 | + | 20 subdivision (1); |
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| 173 | + | 21 a part of which must be used for the rehabilitation of impaired |
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| 174 | + | 22 registered nurses and impaired licensed practical nurses. Payment of |
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| 175 | + | 23 the fees shall be made by the applicant before the date of examination. |
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| 176 | + | 24 (h) The lesser of the following amounts from fees collected under |
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| 177 | + | 25 subsection (g) shall be deposited in the impaired nurses account of the |
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| 178 | + | 26 state general fund established by section 34 of this chapter: |
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| 179 | + | 27 (1) Twenty-five percent (25%) of the license application fee per |
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| 180 | + | 28 license applied for under this section. |
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| 181 | + | 29 (2) The cost per license to operate the impaired nurses program, |
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| 182 | + | 30 as determined by the Indiana professional licensing agency. |
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| 183 | + | 31 (i) Any person who holds a license to practice as a licensed practical |
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| 184 | + | 32 nurse in Indiana or under IC 25-42 may use the title "Licensed Practical |
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| 185 | + | 33 Nurse" and the abbreviation "L.P.N.". No other person shall practice or |
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| 186 | + | 34 advertise as or assume the title of licensed practical nurse or use the |
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| 187 | + | 35 abbreviation of "L.P.N." or any other words, letters, signs, or figures to |
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| 188 | + | 36 indicate that the person using them is a licensed practical nurse. |
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| 189 | + | 37 SECTION 4. IC 25-23-1-12.5 IS ADDED TO THE INDIANA |
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| 190 | + | 38 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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| 191 | + | 39 [EFFECTIVE JULY 1, 2025]: Sec. 12.5. An applicant for a state |
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| 192 | + | 40 accredited program of practical nursing is not required to have a |
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| 193 | + | 41 high school diploma or its equivalent. However, a student of a state |
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| 194 | + | 42 accredited program of practical nursing shall obtain a high school |
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| 195 | + | ES 176—LS 6480/DI 148 5 |
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| 196 | + | 1 diploma or its equivalent before completing the program. |
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| 197 | + | ES 176—LS 6480/DI 148 6 |
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| 198 | + | COMMITTEE REPORT |
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| 199 | + | Mr. President: The Senate Committee on Health and Provider |
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| 200 | + | Services, to which was referred Senate Bill No. 176, has had the same |
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| 201 | + | under consideration and begs leave to report the same back to the |
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| 202 | + | Senate with the recommendation that said bill be AMENDED as |
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| 203 | + | follows: |
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| 204 | + | Page 1, delete lines 11 through 14, begin a new line double block |
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| 205 | + | indented and insert: |
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| 206 | + | "(A) the prescribed curriculum and: |
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| 207 | + | (i) met the graduation requirements of a state accredited |
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| 208 | + | program of practical nursing; that only accepts students who |
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| 209 | + | have a high school diploma or its equivalent, and |
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| 210 | + | (ii) provided proof of having earned a high school |
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| 211 | + | diploma or its equivalent to the state accredited |
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| 212 | + | program; |
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| 213 | + | as determined by the board; or". |
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| 214 | + | Page 2, line 6, reset in roman "and". |
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| 215 | + | Page 2, line 9, delete "board; and" and insert "board.". |
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| 216 | + | Page 2, delete line 10. |
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| 217 | + | and when so amended that said bill do pass. |
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| 218 | + | (Reference is to SB 176 as introduced.) |
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| 219 | + | CHARBONNEAU, Chairperson |
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| 220 | + | Committee Vote: Yeas 11, Nays 0. |
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| 221 | + | _____ |
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| 222 | + | COMMITTEE REPORT |
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| 223 | + | Mr. Speaker: Your Committee on Public Health, to which was |
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| 224 | + | referred Senate Bill 176, has had the same under consideration and |
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| 225 | + | begs leave to report the same back to the House with the |
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| 226 | + | recommendation that said bill be amended as follows: |
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| 227 | + | Page 1, between the enacting clause and line 1, begin a new |
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| 228 | + | paragraph and insert: |
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| 229 | + | "SECTION 1. IC 25-23-1-2, AS AMENDED BY P.L.131-2020, |
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47 | | - | is required for action of the board. |
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48 | | - | SECTION 3. IC 25-23-1-12, AS AMENDED BY P.L.17-2024, |
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49 | | - | SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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50 | | - | JULY 1, 2025]: Sec. 12. (a) A person who applies to the board for a |
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51 | | - | license to practice as a licensed practical nurse must: |
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52 | | - | (1) not have been convicted of: |
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53 | | - | (A) an act which would constitute a ground for disciplinary |
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54 | | - | sanction under IC 25-1-9; or |
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55 | | - | (B) a crime that has a direct bearing on the person's ability to |
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56 | | - | practice competently; |
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57 | | - | (2) have completed: |
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58 | | - | (A) the prescribed curriculum and: |
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59 | | - | (i) met the graduation requirements of a state accredited |
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60 | | - | program of practical nursing; that only accepts students who |
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61 | | - | have a high school diploma or its equivalent, and |
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62 | | - | (ii) provided proof of having earned a high school |
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63 | | - | diploma or its equivalent to the state accredited |
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64 | | - | program; |
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65 | | - | as determined by the board; or |
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66 | | - | (B) the prescribed curriculum and graduation requirements of |
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67 | | - | a nursing education program in a foreign country that is |
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68 | | - | substantially equivalent to a board approved program as |
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69 | | - | determined by the board. The board may by rule adopted under |
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70 | | - | IC 4-22-2 require an applicant under this subsection to |
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71 | | - | successfully complete an examination approved by the board |
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72 | | - | to measure the applicant's qualifications and background in the |
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73 | | - | practice of nursing and proficiency in the English language; |
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74 | | - | and |
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75 | | - | (3) be physically and mentally capable of, and professionally |
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76 | | - | competent to, safely engage in the practice of practical nursing as |
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77 | | - | determined by the board. |
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78 | | - | An applicant meets the English proficiency requirement under |
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79 | | - | SEA 176 — Concur 3 |
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80 | | - | subdivision (2) if the applicant passes an English course as certified in |
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81 | | - | the transcript from the board's approved nursing education program or |
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82 | | - | submits proof of passing the National Council Licensure Examination |
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83 | | - | (NCLEX) that was taken in only the English language. |
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84 | | - | (b) The applicant must pass an examination in such subjects as the |
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85 | | - | board may determine. |
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86 | | - | (c) The board may issue a temporary licensed practical nurse permit |
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87 | | - | to practice as a licensed practical nurse applicant to a person who has |
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88 | | - | initially applied for license by examination, after the board receives the |
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89 | | - | necessary materials to determine compliance with subsection (a). The |
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90 | | - | temporary licensed practical nurse permit is valid until the earlier of six |
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91 | | - | (6) months after issuance or the licensed practical nurse applicant's |
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92 | | - | examination results under subsection (b) are received. If the licensed |
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93 | | - | practical nurse applicant does not receive a passing score on the first |
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94 | | - | examination under subsection (b), the temporary licensed practical |
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95 | | - | nurse permit is no longer valid. |
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96 | | - | (d) A licensed practical nurse applicant must: |
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97 | | - | (1) practice under the supervision of a licensed practical nurse or |
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98 | | - | registered nurse; and |
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99 | | - | (2) use the abbreviation "LPNG" after the licensed practical nurse |
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100 | | - | graduate's name. |
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101 | | - | (e) The board may issue by endorsement a license to practice as a |
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102 | | - | licensed practical nurse to an applicant who has been licensed as a |
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103 | | - | licensed practical nurse, by examination, under the laws of another |
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104 | | - | state if the applicant presents proof satisfactory to the board that, at the |
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105 | | - | time of application for an Indiana license by endorsement, the applicant |
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106 | | - | possesses credentials and qualifications that are substantially |
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107 | | - | equivalent to requirements in Indiana for licensure by examination. The |
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108 | | - | board may specify by rule what shall constitute substantial equivalence |
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109 | | - | under this subsection. |
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110 | | - | (f) The board shall issue by endorsement or examination a license |
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111 | | - | to practice as a licensed practical nurse to an applicant who: |
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112 | | - | (1) is a graduate of a foreign nursing school; |
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113 | | - | (2) has successfully passed the National Council Licensure |
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114 | | - | Examination (NCLEX); |
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115 | | - | (3) provides: |
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116 | | - | (A) documentation that the applicant has: |
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117 | | - | (i) taken an examination prepared by the Commission on |
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118 | | - | Graduates of Foreign Nursing Schools International, Inc. |
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119 | | - | (CGFNS); and |
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120 | | - | (ii) achieved the passing score required on the examination |
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121 | | - | at the time the examination was taken; |
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122 | | - | SEA 176 — Concur 4 |
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123 | | - | (B) a satisfactory Credentials Evaluation Service Professional |
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124 | | - | Report issued by CGFNS; |
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125 | | - | (C) a VisaScreen Certificate verification letter issued by |
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126 | | - | CGFNS; or |
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127 | | - | (D) a satisfactory credential verification assessment from an |
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128 | | - | organization that is a member of the National Association of |
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129 | | - | Credential Evaluation Services or any other organization |
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130 | | - | approved by the board; and |
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131 | | - | (4) meets the other requirements of this section. |
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132 | | - | (g) Each applicant for examination and registration to practice as a |
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133 | | - | practical nurse shall pay: |
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134 | | - | (1) a fee set by the board; and |
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135 | | - | (2) if the applicant is applying for a multistate license (as defined |
---|
136 | | - | in IC 25-42-1-11) under IC 25-42 (Nurse Licensure Compact), a |
---|
137 | | - | fee of twenty-five dollars ($25) in addition to the fee under |
---|
138 | | - | subdivision (1); |
---|
139 | | - | a part of which must be used for the rehabilitation of impaired |
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140 | | - | registered nurses and impaired licensed practical nurses. Payment of |
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141 | | - | the fees shall be made by the applicant before the date of examination. |
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142 | | - | (h) The lesser of the following amounts from fees collected under |
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143 | | - | subsection (g) shall be deposited in the impaired nurses account of the |
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144 | | - | state general fund established by section 34 of this chapter: |
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145 | | - | (1) Twenty-five percent (25%) of the license application fee per |
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146 | | - | license applied for under this section. |
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147 | | - | (2) The cost per license to operate the impaired nurses program, |
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148 | | - | as determined by the Indiana professional licensing agency. |
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149 | | - | (i) Any person who holds a license to practice as a licensed practical |
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150 | | - | nurse in Indiana or under IC 25-42 may use the title "Licensed Practical |
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151 | | - | Nurse" and the abbreviation "L.P.N.". No other person shall practice or |
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152 | | - | advertise as or assume the title of licensed practical nurse or use the |
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153 | | - | abbreviation of "L.P.N." or any other words, letters, signs, or figures to |
---|
154 | | - | indicate that the person using them is a licensed practical nurse. |
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155 | | - | SECTION 4. IC 25-23-1-12.5 IS ADDED TO THE INDIANA |
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| 261 | + | is required for action of the board.". |
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| 262 | + | Page 4, after line 4, begin a new paragraph and insert: |
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| 263 | + | "SECTION 2. IC 25-23-1-12.5 IS ADDED TO THE INDIANA |
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