Indiana 2025 Regular Session

Indiana Senate Bill SB0312 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB0312.1~~
2		-	~~January 29, 2025~~
	1	+
	2	+	Introduced Version
3	3		SENATE BILL No. 312
4	4		_____
5		-	DIGEST OF SB 312 (Updated January 28, 2025 10:19 am - DI 140)
6		-	Citations Affected: IC 16-31; IC 22-15; IC 25-1; IC 35-48.
	5	+	DIGEST OF INTRODUCED BILL
	6	+	Citations Affected: IC 16-31-3-14; IC 22-15-5-16; IC 25-1-1.1-2;
	7	+	IC 35-48-4.
7	8		Synopsis: Exceptions to paraphernalia statutes. Provides that the
8	9		controlled substance paraphernalia statutes do not apply to items
9	10		marketed to detect the presence of a drug or controlled substance.
10	11		Effective: July 1, 2025.
11		-	Clark, Baldwin, Pol Jr., Yoder,
12		-	Jackson L
	12	+	Clark
13	13		January 13, 2025, read first time and referred to Committee on Corrections and Criminal
14	14		Law.
15		-	January 28, 2025, reported favorably — Do Pass.
16		-	SB 312—LS 6538/DI 107 January 29, 2025
	15	+	2025 IN 312—LS 6538/DI 107 Introduced
17	16		First Regular Session of the 124th General Assembly (2025)
18	17		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
19	18		Constitution) is being amended, the text of the existing provision will appear in this style type,
20	19		additions will appear in this style type, and deletions will appear in this style type.
21	20		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
22	21		provision adopted), the text of the new provision will appear in this style type. Also, the
23	22		word NEW will appear in that style type in the introductory clause of each SECTION that adds
24	23		a new provision to the Indiana Code or the Indiana Constitution.
25	24		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
26	25		between statutes enacted by the 2024 Regular Session of the General Assembly.
27	26		SENATE BILL No. 312
28	27		A BILL FOR AN ACT to amend the Indiana Code concerning
29	28		criminal law and procedure.
30	29		Be it enacted by the General Assembly of the State of Indiana:
31	30		1 SECTION 1. IC 16-31-3-14, AS AMENDED BY P.L.170-2022,
32	31		2 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33	32		3 JULY 1, 2025]: Sec. 14. (a) A person holding a certificate or license
34	33		4 issued under this article must comply with the applicable standards and
35	34		5 rules established under this article. A certificate holder or license
36	35		6 holder is subject to disciplinary sanctions under subsection (b) if the
37	36		7 department of homeland security determines that the certificate holder
38	37		8 or license holder:
39	38		9 (1) engaged in or knowingly cooperated in fraud or material
40	39		10 deception in order to obtain a certificate or license, including
41	40		11 cheating on a certification or licensure examination;
42	41		12 (2) engaged in fraud or material deception in the course of
43	42		13 professional services or activities;
44	43		14 (3) advertised services or goods in a false or misleading manner;
45	44		15 (4) falsified or knowingly allowed another person to falsify
46	45		16 attendance records or certificates of completion of continuing
47	46		17 education courses required under this article or rules adopted
48		-	SB 312—LS 6538/DI 107 2
	47	+	2025 IN 312—LS 6538/DI 107 2
49	48		1 under this article;
50	49		2 (5) is convicted of a crime, if the act that resulted in the
51	50		3 conviction has a direct bearing on determining if the certificate
52	51		4 holder or license holder should be entrusted to provide emergency
53	52		5 medical services;
54	53		6 (6) is convicted of violating IC 9-19-14.5;
55	54		7 (7) fails to comply and maintain compliance with or violates any
56	55		8 applicable provision, standard, or other requirement of this article
57	56		9 or rules adopted under this article;
58	57		10 (8) continues to practice if the certificate holder or license holder
59	58		11 becomes unfit to practice due to:
60	59		12 (A) professional incompetence that includes the undertaking
61	60		13 of professional activities that the certificate holder or license
62	61		14 holder is not qualified by training or experience to undertake;
63	62		15 (B) failure to keep abreast of current professional theory or
64	63		16 practice;
65	64		17 (C) physical or mental disability; or
66	65		18 (D) addiction to, abuse of, or dependency on alcohol or other
67	66		19 drugs that endanger the public by impairing the certificate
68	67		20 holder's or license holder's ability to practice safely;
69	68		21 (9) engages in a course of lewd or immoral conduct in connection
70	69		22 with the delivery of services to the public;
71	70		23 (10) allows the certificate holder's or license holder's name or a
72	71		24 certificate or license issued under this article to be used in
73	72		25 connection with a person who renders services beyond the scope
74	73		26 of that person's training, experience, or competence;
75	74		27 (11) is subjected to disciplinary action in another state or
76	75		28 jurisdiction on grounds similar to those contained in this chapter.
77	76		29 For purposes of this subdivision, a certified copy of a record of
78	77		30 disciplinary action constitutes prima facie evidence of a
79	78		31 disciplinary action in another jurisdiction;
80	79		32 (12) assists another person in committing an act that would
81	80		33 constitute a ground for disciplinary sanction under this chapter;
82	81		34 (13) allows a certificate or license issued by the commission to
83	82		35 be:
84	83		36 (A) used by another person; or
85	84		37 (B) displayed to the public when the certificate or license is
86	85		38 expired, inactive, invalid, revoked, or suspended; or
87	86		39 (14) fails to notify the department in writing of any misdemeanor
88	87		40 or felony criminal conviction, except traffic related misdemeanors
89	88		41 other than operating a motor vehicle under the influence of a drug
90	89		42 or alcohol, within ninety (90) days after the entry of an order or
91		-	SB 312—LS 6538/DI 107 3
	90	+	2025 IN 312—LS 6538/DI 107 3
92	91		1 judgment. A certified copy of the order or judgment with a letter
93	92		2 of explanation must be submitted to the department along with the
94	93		3 written notice.
95	94		4 (b) The department of homeland security may issue an order under
96	95		5 IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if
97	96		6 the department of homeland security determines that a certificate
98	97		7 holder or license holder is subject to disciplinary sanctions under
99	98		8 subsection (a):
100	99		9 (1) Revocation of a certificate holder's certificate or license
101	100		10 holder's license for a period not to exceed seven (7) years.
102	101		11 (2) Suspension of a certificate holder's certificate or license
103	102		12 holder's license for a period not to exceed seven (7) years.
104	103		13 (3) Censure of a certificate holder or license holder.
105	104		14 (4) Issuance of a letter of reprimand.
106	105		15 (5) Assessment of a civil penalty against the certificate holder or
107	106		16 license holder in accordance with the following:
108	107		17 (A) The civil penalty may not exceed five hundred dollars
109	108		18 ($500) per day per violation.
110	109		19 (B) If the certificate holder or license holder fails to pay the
111	110		20 civil penalty within the time specified by the department of
112	111		21 homeland security, the department of homeland security may
113	112		22 suspend the certificate holder's certificate or license holder's
114	113		23 license without additional proceedings.
115	114		24 (6) Placement of a certificate holder or license holder on
116	115		25 probation status and requirement of the certificate holder or
117	116		26 license holder to:
118	117		27 (A) report regularly to the department of homeland security
119	118		28 upon the matters that are the basis of probation;
120	119		29 (B) limit practice to those areas prescribed by the department
121	120		30 of homeland security;
122	121		31 (C) continue or renew professional education approved by the
123	122		32 department of homeland security until a satisfactory degree of
124	123		33 skill has been attained in those areas that are the basis of the
125	124		34 probation; or
126	125		35 (D) perform or refrain from performing any acts, including
127	126		36 community restitution or service without compensation, that
128	127		37 the department of homeland security considers appropriate to
129	128		38 the public interest or to the rehabilitation or treatment of the
130	129		39 certificate holder or license holder.
131	130		40 The department of homeland security may withdraw or modify
132	131		41 this probation if the department of homeland security finds after
133	132		42 a hearing that the deficiency that required disciplinary action is
134		-	SB 312—LS 6538/DI 107 4
	133	+	2025 IN 312—LS 6538/DI 107 4
135	134		1 remedied or that changed circumstances warrant a modification
136	135		2 of the order.
137	136		3 (c) If an applicant or a certificate holder or license holder has
138	137		4 engaged in or knowingly cooperated in fraud or material deception to
139	138		5 obtain a certificate or license, including cheating on the certification or
140	139		6 licensure examination, the department of homeland security may
141	140		7 rescind the certificate or license if it has been granted, void the
142	141		8 examination or other fraudulent or deceptive material, and prohibit the
143	142		9 applicant from reapplying for the certificate or license for a length of
144	143		10 time established by the department of homeland security.
145	144		11 (d) The department of homeland security may deny certification or
146	145		12 licensure to an applicant who would be subject to disciplinary sanctions
147	146		13 under subsection (b) if that person were a certificate holder or license
148	147		14 holder, has had disciplinary action taken against the applicant or the
149	148		15 applicant's certificate or license to practice in another state or
150	149		16 jurisdiction, or has practiced without a certificate or license in violation
151	150		17 of the law. A certified copy of the record of disciplinary action is
152	151		18 conclusive evidence of the other jurisdiction's disciplinary action.
153	152		19 (e) The department of homeland security may order a certificate
154	153		20 holder or license holder to submit to a reasonable physical or mental
155	154		21 examination if the certificate holder's or license holder's physical or
156	155		22 mental capacity to practice safely and competently is at issue in a
157	156		23 disciplinary proceeding. Failure to comply with a department of
158	157		24 homeland security order to submit to a physical or mental examination
159	158		25 makes a certificate holder or license holder liable to temporary
160	159		26 suspension under subsection (i).
161	160		27 (f) Except as provided under subsection (a), subsection (g), and
162	161		28 section 14.5 of this chapter, a certificate or license may not be denied,
163	162		29 revoked, or suspended because the applicant, certificate holder, or
164	163		30 license holder has been convicted of an offense. The acts from which
165	164		31 the applicant's, certificate holder's, or license holder's conviction
166	165		32 resulted may be considered as to whether the applicant or certificate
167	166		33 holder or license holder should be entrusted to serve the public in a
168	167		34 specific capacity.
169	168		35 (g) The department of homeland security may deny, suspend, or
170	169		36 revoke a certificate or license issued under this article if the individual
171	170		37 who holds or is applying for the certificate or license is convicted of
172	171		38 any of the following:
173	172		39 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
174	173		40 (2) Possession of methamphetamine under IC 35-48-4-6.1.
175	174		41 (3) Possession of a controlled substance under IC 35-48-4-7(a).
176	175		42 (4) Fraudulently obtaining a controlled substance under
177		-	SB 312—LS 6538/DI 107 5
	176	+	2025 IN 312—LS 6538/DI 107 5
178	177		1 IC 35-48-4-7(c).
179	178		2 (5) Manufacture of paraphernalia as a Class D felony (for a crime
180	179		3 committed before July 1, 2014) or Level 6 felony (for a crime
181	180		4 committed after June 30, 2014) under IC 35-48-4-8.1(b).
182	181		5 IC 35-48-4-8.1(c).
183	182		6 (6) Dealing in paraphernalia as a Class D felony (for a crime
184	183		7 committed before July 1, 2014) or Level 6 felony (for a crime
185	184		8 committed after June 30, 2014) under IC 35-48-4-8.5(b).
186	185		9 (7) Possession of paraphernalia as a Class D felony (for a crime
187	186		10 committed before July 1, 2014) or Level 6 felony (for a crime
188	187		11 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
189	188		12 its amendment on July 1, 2015).
190	189		13 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
191	190		14 D felony (for a crime committed before July 1, 2014) or Level 6
192	191		15 felony (for a crime committed after June 30, 2014) under
193	192		16 IC 35-48-4-11.
194	193		17 (9) A felony offense under IC 35-48-4 involving:
195	194		18 (A) possession of a synthetic drug (as defined in
196	195		19 IC 35-31.5-2-321);
197	196		20 (B) possession of a synthetic drug lookalike substance (as
198	197		21 defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
199	198		22 2019)) as a:
200	199		23 (i) Class D felony (for a crime committed before July 1,
201	200		24 2014); or
202	201		25 (ii) Level 6 felony (for a crime committed after June 30,
203	202		26 2014);
204	203		27 under IC 35-48-4-11.5 (before its repeal on July 1, 2019); or
205	204		28 (C) possession of a controlled substance analog (as defined in
206	205		29 IC 35-48-1-9.3).
207	206		30 (10) Maintaining a common nuisance under IC 35-48-4-13
208	207		31 (repealed) or IC 35-45-1-5, if the common nuisance involves a
209	208		32 controlled substance.
210	209		33 (11) An offense relating to registration, labeling, and prescription
211	210		34 forms under IC 35-48-4-14.
212	211		35 (h) A decision of the department of homeland security under
213	212		36 subsections (b) through (g) may be appealed to the commission under
214	213		37 IC 4-21.5-3-7.
215	214		38 (i) The department of homeland security may temporarily suspend
216	215		39 a certificate holder's certificate or license holder's license under
217	216		40 IC 4-21.5-4 before a final adjudication or during the appeals process if
218	217		41 the department of homeland security finds that a certificate holder or
219	218		42 license holder would represent a clear and immediate danger to the
220		-	SB 312—LS 6538/DI 107 6
	219	+	2025 IN 312—LS 6538/DI 107 6
221	220		1 public's health, safety, or property if the certificate holder or license
222	221		2 holder were allowed to continue to practice.
223	222		3 (j) On receipt of a complaint or information alleging that a person
224	223		4 certified or licensed under this chapter or IC 16-31-3.5 has engaged in
225	224		5 or is engaging in a practice that is subject to disciplinary sanctions
226	225		6 under this chapter, the department of homeland security must initiate
227	226		7 an investigation against the person.
228	227		8 (k) The department of homeland security shall conduct a factfinding
229	228		9 investigation as the department of homeland security considers proper
230	229		10 in relation to the complaint.
231	230		11 (l) The department of homeland security may reinstate a certificate
232	231		12 or license that has been suspended under this section if the department
233	232		13 of homeland security is satisfied that the applicant is able to practice
234	233		14 with reasonable skill, competency, and safety to the public. As a
235	234		15 condition of reinstatement, the department of homeland security may
236	235		16 impose disciplinary or corrective measures authorized under this
237	236		17 chapter.
238	237		18 (m) The department of homeland security may not reinstate a
239	238		19 certificate or license that has been revoked under this chapter.
240	239		20 (n) The department of homeland security must be consistent in the
241	240		21 application of sanctions authorized in this chapter. Significant
242	241		22 departures from prior decisions involving similar conduct must be
243	242		23 explained in the department of homeland security's findings or orders.
244	243		24 (o) A certificate holder may not surrender the certificate holder's
245	244		25 certificate, and a license holder may not surrender the license holder's
246	245		26 license, without the written approval of the department of homeland
247	246		27 security, and the department of homeland security may impose any
248	247		28 conditions appropriate to the surrender or reinstatement of a
249	248		29 surrendered certificate or license.
250	249		30 (p) For purposes of this section, "certificate holder" means a person
251	250		31 who holds:
252	251		32 (1) an unlimited certificate;
253	252		33 (2) a limited or probationary certificate; or
254	253		34 (3) an inactive certificate.
255	254		35 (q) For purposes of this section, "license holder" means a person
256	255		36 who holds:
257	256		37 (1) an unlimited license;
258	257		38 (2) a limited or probationary license; or
259	258		39 (3) an inactive license.
260	259		40 SECTION 2. IC 22-15-5-16, AS AMENDED BY P.L.142-2020,
261	260		41 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
262	261		42 JULY 1, 2025]: Sec. 16. (a) A practitioner shall comply with the
263		-	SB 312—LS 6538/DI 107 7
	262	+	2025 IN 312—LS 6538/DI 107 7
264	263		1 standards established under this licensing program. A practitioner is
265	264		2 subject to the exercise of the disciplinary sanctions under subsection
266	265		3 (b) if the department finds that a practitioner has:
267	266		4 (1) engaged in or knowingly cooperated in fraud or material
268	267		5 deception in order to obtain a license to practice, including
269	268		6 cheating on a licensing examination;
270	269		7 (2) engaged in fraud or material deception in the course of
271	270		8 professional services or activities;
272	271		9 (3) advertised services or goods in a false or misleading manner;
273	272		10 (4) falsified or knowingly allowed another person to falsify
274	273		11 attendance records or certificates of completion of continuing
275	274		12 education courses provided under this chapter;
276	275		13 (5) been convicted of a crime that has a direct bearing on the
277	276		14 practitioner's ability to continue to practice competently;
278	277		15 (6) knowingly violated a state statute or rule or federal statute or
279	278		16 regulation regulating the profession for which the practitioner is
280	279		17 licensed;
281	280		18 (7) continued to practice although the practitioner has become
282	281		19 unfit to practice due to:
283	282		20 (A) professional incompetence;
284	283		21 (B) failure to keep abreast of current professional theory or
285	284		22 practice;
286	285		23 (C) physical or mental disability; or
287	286		24 (D) addiction to, abuse of, or severe dependency on alcohol or
288	287		25 other drugs that endanger the public by impairing a
289	288		26 practitioner's ability to practice safely;
290	289		27 (8) engaged in a course of lewd or immoral conduct in connection
291	290		28 with the delivery of services to the public;
292	291		29 (9) allowed the practitioner's name or a license issued under this
293	292		30 chapter to be used in connection with an individual or business
294	293		31 who renders services beyond the scope of that individual's or
295	294		32 business's training, experience, or competence;
296	295		33 (10) had disciplinary action taken against the practitioner or the
297	296		34 practitioner's license to practice in another state or jurisdiction on
298	297		35 grounds similar to those under this chapter;
299	298		36 (11) assisted another person in committing an act that would
300	299		37 constitute a ground for disciplinary sanction under this chapter;
301	300		38 or
302	301		39 (12) allowed a license issued by the department to be:
303	302		40 (A) used by another person; or
304	303		41 (B) displayed to the public when the license has expired, is
305	304		42 inactive, is invalid, or has been revoked or suspended.
306		-	SB 312—LS 6538/DI 107 8
	305	+	2025 IN 312—LS 6538/DI 107 8
307	306		1 For purposes of subdivision (10), a certified copy of a record of
308	307		2 disciplinary action constitutes prima facie evidence of a disciplinary
309	308		3 action in another jurisdiction.
310	309		4 (b) The department may impose one (1) or more of the following
311	310		5 sanctions if the department finds that a practitioner is subject to
312	311		6 disciplinary sanctions under subsection (a):
313	312		7 (1) Permanent revocation of a practitioner's license.
314	313		8 (2) Suspension of a practitioner's license.
315	314		9 (3) Censure of a practitioner.
316	315		10 (4) Issuance of a letter of reprimand.
317	316		11 (5) Assessment of a civil penalty against the practitioner in
318	317		12 accordance with the following:
319	318		13 (A) The civil penalty may not be more than one thousand
320	319		14 dollars ($1,000) for each violation listed in subsection (a),
321	320		15 except for a finding of incompetency due to a physical or
322	321		16 mental disability.
323	322		17 (B) When imposing a civil penalty, the department shall
324	323		18 consider a practitioner's ability to pay the amount assessed. If
325	324		19 the practitioner fails to pay the civil penalty within the time
326	325		20 specified by the department, the department may suspend the
327	326		21 practitioner's license without additional proceedings. However,
328	327		22 a suspension may not be imposed if the sole basis for the
329	328		23 suspension is the practitioner's inability to pay a civil penalty.
330	329		24 (6) Placement of a practitioner on probation status and
331	330		25 requirement of the practitioner to:
332	331		26 (A) report regularly to the department upon the matters that
333	332		27 are the basis of probation;
334	333		28 (B) limit practice to those areas prescribed by the department;
335	334		29 (C) continue or renew professional education approved by the
336	335		30 department until a satisfactory degree of skill has been attained
337	336		31 in those areas that are the basis of the probation; or
338	337		32 (D) perform or refrain from performing any acts, including
339	338		33 community restitution or service without compensation, that
340	339		34 the department considers appropriate to the public interest or
341	340		35 to the rehabilitation or treatment of the practitioner.
342	341		36 The department may withdraw or modify this probation if the
343	342		37 department finds after a hearing that the deficiency that required
344	343		38 disciplinary action has been remedied or that changed
345	344		39 circumstances warrant a modification of the order.
346	345		40 (c) If an applicant or a practitioner has engaged in or knowingly
347	346		41 cooperated in fraud or material deception to obtain a license to
348	347		42 practice, including cheating on the licensing examination, the
349		-	SB 312—LS 6538/DI 107 9
	348	+	2025 IN 312—LS 6538/DI 107 9
350	349		1 department may rescind the license if it has been granted, void the
351	350		2 examination or other fraudulent or deceptive material, and prohibit the
352	351		3 applicant from reapplying for the license for a length of time
353	352		4 established by the department.
354	353		5 (d) The department may deny licensure to an applicant who has had
355	354		6 disciplinary action taken against the applicant or the applicant's license
356	355		7 to practice in another state or jurisdiction or who has practiced without
357	356		8 a license in violation of the law. A certified copy of the record of
358	357		9 disciplinary action is conclusive evidence of the other jurisdiction's
359	358		10 disciplinary action.
360	359		11 (e) The department may order a practitioner to submit to a
361	360		12 reasonable physical or mental examination if the practitioner's physical
362	361		13 or mental capacity to practice safely and competently is at issue in a
363	362		14 disciplinary proceeding. Failure to comply with a department order to
364	363		15 submit to a physical or mental examination makes a practitioner liable
365	364		16 to temporary suspension under subsection (j).
366	365		17 (f) Except as provided under subsection (g) or (h), a license may not
367	366		18 be denied, revoked, or suspended because the applicant or holder has
368	367		19 been convicted of an offense. The acts from which the applicant's or
369	368		20 holder's conviction resulted may, however, be considered as to whether
370	369		21 the applicant or holder should be entrusted to serve the public in a
371	370		22 specific capacity.
372	371		23 (g) The department may deny, suspend, or revoke a license issued
373	372		24 under this chapter if the individual who holds the license is convicted
374	373		25 of any of the following:
375	374		26 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
376	375		27 (2) Possession of methamphetamine under IC 35-48-4-6.1.
377	376		28 (3) Possession of a controlled substance under IC 35-48-4-7(a).
378	377		29 (4) Fraudulently obtaining a controlled substance under
379	378		30 IC 35-48-4-7(b) (for a crime committed before July 1, 2014) or
380	379		31 IC 35-48-4-7(c) (for a crime committed after June 30, 2014).
381	380		32 (5) Manufacture of paraphernalia as a Class D felony (for a crime
382	381		33 committed before July 1, 2014) or a Level 6 felony (for a crime
383	382		34 committed after June 30, 2014) under IC 35-48-4-8.1(b).
384	383		35 IC 35-48-4-8.1(c).
385	384		36 (6) Dealing in paraphernalia as a Class D felony (for a crime
386	385		37 committed before July 1, 2014) or a Level 6 felony (for a crime
387	386		38 committed after June 30, 2014) under IC 35-48-4-8.5(b).
388	387		39 (7) Possession of paraphernalia as a Class D felony (for a crime
389	388		40 committed before July 1, 2014) or a Level 6 felony (for a crime
390	389		41 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
391	390		42 its amendment on July 1, 2015).
392		-	SB 312—LS 6538/DI 107 10
	391	+	2025 IN 312—LS 6538/DI 107 10
393	392		1 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
394	393		2 D felony (for a crime committed before July 1, 2014) or a Level
395	394		3 6 felony (for a crime committed after June 30, 2014) under
396	395		4 IC 35-48-4-11.
397	396		5 (9) A felony offense under IC 35-48-4 involving possession of a
398	397		6 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
399	398		7 controlled substance analog (as defined in IC 35-48-1-9.3), or
400	399		8 possession of a synthetic drug lookalike substance (as defined in
401	400		9 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
402	401		10 (A) Class D felony for a crime committed before July 1, 2014;
403	402		11 or
404	403		12 (B) Level 6 felony for a crime committed after June 30, 2014;
405	404		13 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
406	405		14 (10) Maintaining a common nuisance under IC 35-48-4-13
407	406		15 (repealed) or IC 35-45-1-5, if the common nuisance involves a
408	407		16 controlled substance.
409	408		17 (11) An offense relating to registration, labeling, and prescription
410	409		18 forms under IC 35-48-4-14.
411	410		19 (h) The department shall deny, revoke, or suspend a license issued
412	411		20 under this chapter if the individual who holds the license is convicted
413	412		21 of any of the following:
414	413		22 (1) Dealing in a controlled substance resulting in death under
415	414		23 IC 35-42-1-1.5.
416	415		24 (2) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
417	416		25 (3) Dealing in methamphetamine under IC 35-48-4-1.1.
418	417		26 (4) Manufacturing methamphetamine under IC 35-48-4-1.2.
419	418		27 (5) Dealing in a schedule I, II, or III controlled substance under
420	419		28 IC 35-48-4-2.
421	420		29 (6) Dealing in a schedule IV controlled substance under
422	421		30 IC 35-48-4-3.
423	422		31 (7) Dealing in a schedule V controlled substance under
424	423		32 IC 35-48-4-4.
425	424		33 (8) Dealing in a substance represented to be a controlled
426	425		34 substance under IC 35-48-4-4.5 (repealed).
427	426		35 (9) Knowingly or intentionally manufacturing, advertising,
428	427		36 distributing, or possessing with intent to manufacture, advertise,
429	428		37 or distribute a substance represented to be a controlled substance
430	429		38 under IC 35-48-4-4.6.
431	430		39 (10) Dealing in a counterfeit substance under IC 35-48-4-5.
432	431		40 (11) Dealing in marijuana, hash oil, hashish, or salvia as a felony
433	432		41 under IC 35-48-4-10.
434	433		42 (12) An offense under IC 35-48-4 involving the manufacture or
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	434	+	2025 IN 312—LS 6538/DI 107 11
436	435		1 sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
437	436		2 synthetic drug lookalike substance (as defined in
438	437		3 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under
439	438		4 IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
440	439		5 substance analog (as defined in IC 35-48-1-9.3), or a substance
441	440		6 represented to be a controlled substance (as described in
442	441		7 IC 35-48-4-4.6).
443	442		8 (13) A violation of any federal or state drug law or rule related to
444	443		9 wholesale legend drug distributors licensed under IC 25-26-14.
445	444		10 (i) A decision of the department under subsections (b) through (h)
446	445		11 may be appealed to the commission under IC 4-21.5-3-7.
447	446		12 (j) The department may temporarily suspend a practitioner's license
448	447		13 under IC 4-21.5-4 before a final adjudication or during the appeals
449	448		14 process if the department finds that a practitioner represents a clear and
450	449		15 immediate danger to the public's health, safety, or property if the
451	450		16 practitioner is allowed to continue to practice.
452	451		17 (k) On receipt of a complaint or an information alleging that a
453	452		18 person licensed under this chapter has engaged in or is engaging in a
454	453		19 practice that jeopardizes the public health, safety, or welfare, the
455	454		20 department shall initiate an investigation against the person.
456	455		21 (l) Any complaint filed with the office of the attorney general
457	456		22 alleging a violation of this licensing program shall be referred to the
458	457		23 department for summary review and for its general information and any
459	458		24 authorized action at the time of the filing.
460	459		25 (m) The department shall conduct a fact finding investigation as the
461	460		26 department considers proper in relation to the complaint.
462	461		27 (n) The department may reinstate a license that has been suspended
463	462		28 under this section if, after a hearing, the department is satisfied that the
464	463		29 applicant is able to practice with reasonable skill, safety, and
465	464		30 competency to the public. As a condition of reinstatement, the
466	465		31 department may impose disciplinary or corrective measures authorized
467	466		32 under this chapter.
468	467		33 (o) The department may not reinstate a license that has been
469	468		34 revoked under this chapter. An individual whose license has been
470	469		35 revoked under this chapter may not apply for a new license until seven
471	470		36 (7) years after the date of revocation.
472	471		37 (p) The department shall seek to achieve consistency in the
473	472		38 application of sanctions authorized in this chapter. Significant
474	473		39 departures from prior decisions involving similar conduct must be
475	474		40 explained in the department's findings or orders.
476	475		41 (q) A practitioner may petition the department to accept the
477	476		42 surrender of the practitioner's license instead of having a hearing before
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479	478		1 the commission. The practitioner may not surrender the practitioner's
480	479		2 license without the written approval of the department, and the
481	480		3 department may impose any conditions appropriate to the surrender or
482	481		4 reinstatement of a surrendered license.
483	482		5 (r) A practitioner who has been subjected to disciplinary sanctions
484	483		6 may be required by the commission to pay the costs of the proceeding.
485	484		7 The practitioner's ability to pay shall be considered when costs are
486	485		8 assessed. If the practitioner fails to pay the costs, a suspension may not
487	486		9 be imposed solely upon the practitioner's inability to pay the amount
488	487		10 assessed. The costs are limited to costs for the following:
489	488		11 (1) Court reporters.
490	489		12 (2) Transcripts.
491	490		13 (3) Certification of documents.
492	491		14 (4) Photo duplication.
493	492		15 (5) Witness attendance and mileage fees.
494	493		16 (6) Postage.
495	494		17 (7) Expert witnesses.
496	495		18 (8) Depositions.
497	496		19 (9) Notarizations.
498	497		20 SECTION 3. IC 25-1-1.1-2, AS AMENDED BY P.L.142-2020,
499	498		21 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
500	499		22 JULY 1, 2025]: Sec. 2. Notwithstanding IC 25-1-7, a board, a
501	500		23 commission, or a committee may suspend, deny, or revoke a license or
502	501		24 certificate issued under this title by the board, the commission, or the
503	502		25 committee without an investigation by the office of the attorney general
504	503		26 if the individual who holds the license or certificate is convicted of any
505	504		27 of the following and the board, commission, or committee determines,
506	505		28 after the individual has appeared in person, that the offense affects the
507	506		29 individual's ability to perform the duties of the profession:
508	507		30 (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
509	508		31 (2) Possession of methamphetamine under IC 35-48-4-6.1.
510	509		32 (3) Possession of a controlled substance under IC 35-48-4-7(a).
511	510		33 (4) Fraudulently obtaining a controlled substance under
512	511		34 IC 35-48-4-7(c).
513	512		35 (5) Manufacture of paraphernalia as a Class D felony (for a crime
514	513		36 committed before July 1, 2014) or a Level 6 felony (for a crime
515	514		37 committed after June 30, 2014) under IC 35-48-4-8.1(b).
516	515		38 IC 35-48-4-8.1(c).
517	516		39 (6) Dealing in paraphernalia as a Class D felony (for a crime
518	517		40 committed before July 1, 2014) or a Level 6 felony (for a crime
519	518		41 committed after June 30, 2014) under IC 35-48-4-8.5(b).
520	519		42 (7) Possession of paraphernalia as a Class D felony (for a crime
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522	521		1 committed before July 1, 2014) or a Level 6 felony (for a crime
523	522		2 committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
524	523		3 its amendment on July 1, 2015).
525	524		4 (8) Possession of marijuana, hash oil, hashish, or salvia as a Class
526	525		5 D felony (for a crime committed before July 1, 2014) or a Level
527	526		6 6 felony (for a crime committed after June 30, 2014) under
528	527		7 IC 35-48-4-11.
529	528		8 (9) A felony offense under IC 35-48-4 involving possession of a
530	529		9 synthetic drug (as defined in IC 35-31.5-2-321), possession of a
531	530		10 controlled substance analog (as defined in IC 35-48-1-9.3), or
532	531		11 possession of a synthetic drug lookalike substance (as defined in
533	532		12 IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:
534	533		13 (A) Class D felony for a crime committed before July 1, 2014;
535	534		14 or
536	535		15 (B) Level 6 felony for a crime committed after June 30, 2014;
537	536		16 under IC 35-48-4-11.5 (before its repeal on July 1, 2019).
538	537		17 (10) Maintaining a common nuisance under IC 35-48-4-13
539	538		18 (repealed) or IC 35-45-1-5, if the common nuisance involves a
540	539		19 controlled substance.
541	540		20 (11) An offense relating to registration, labeling, and prescription
542	541		21 forms under IC 35-48-4-14.
543	542		22 (12) A sex crime under IC 35-42-4.
544	543		23 (13) A felony that reflects adversely on the individual's fitness to
545	544		24 hold a professional license.
546	545		25 SECTION 4. IC 35-48-4-8.1, AS AMENDED BY P.L.158-2013,
547	546		26 SECTION 634, IS AMENDED TO READ AS FOLLOWS
548	547		27 [EFFECTIVE JULY 1, 2025]: Sec. 8.1. (a) This section does not
549	548		28 apply to an item marketed to detect the presence of a drug or
550	549		29 controlled substance, including field test kits and test strips.
551	550		30 (a) (b) A person who manufactures, finances the manufacture of, or
552	551		31 designs an instrument, a device, or other object that is intended to be
553	552		32 used primarily for:
554	553		33 (1) introducing into the human body a controlled substance;
555	554		34 (2) testing the strength, effectiveness, or purity of a controlled
556	555		35 substance; or
557	556		36 (3) enhancing the effect of a controlled substance;
558	557		37 in violation of this chapter commits a Class A infraction for
559	558		38 manufacturing paraphernalia.
560	559		39 (b) (c) A person who:
561	560		40 (1) knowingly or intentionally violates this section; and
562	561		41 (2) has a previous judgment for violation of this section;
563	562		42 commits manufacture of paraphernalia, a Level 6 felony.
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565	564		1 SECTION 5. IC 35-48-4-8.3, AS AMENDED BY P.L.187-2015,
566	565		2 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
567	566		3 JULY 1, 2025]: Sec. 8.3. (a) This section does not apply to:
568	567		4 (1) a rolling paper; or
569	568		5 (2) an item marketed to detect the presence of a drug or
570	569		6 controlled substance, including field test kits and test strips.
571	570		7 (b) A person who knowingly or intentionally possesses an
572	571		8 instrument, a device, or another object that the person intends to use
573	572		9 for:
574	573		10 (1) introducing into the person's body a controlled substance;
575	574		11 (2) testing the strength, effectiveness, or purity of a controlled
576	575		12 substance; or
577	576		13 (3) enhancing the effect of a controlled substance;
578	577		14 commits a Class C misdemeanor. However, the offense is a Class A
579	578		15 misdemeanor if the person has a prior unrelated judgment or conviction
580	579		16 under this section.
581	580		17 SECTION 6. IC 35-48-4-8.5, AS AMENDED BY P.L.153-2018,
582	581		18 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
583	582		19 JULY 1, 2025]: Sec. 8.5. (a) A person who keeps for sale, offers for
584	583		20 sale, delivers, or finances the delivery of a raw material, an instrument,
585	584		21 a device, or other object that is intended to be or that is designed or
586	585		22 marketed to be used primarily for:
587	586		23 (1) ingesting, inhaling, or otherwise introducing into the human
588	587		24 body marijuana, hash oil, hashish, salvia, a synthetic drug, or a
589	588		25 controlled substance;
590	589		26 (2) testing the strength, effectiveness, or purity of marijuana, hash
591	590		27 oil, hashish, salvia, a synthetic drug, or a controlled substance;
592	591		28 (3) enhancing the effect of a controlled substance;
593	592		29 (4) manufacturing, compounding, converting, producing,
594	593		30 processing, or preparing marijuana, hash oil, hashish, salvia, a
595	594		31 synthetic drug, or a controlled substance;
596	595		32 (5) diluting or adulterating marijuana, hash oil, hashish, salvia, a
597	596		33 synthetic drug, or a controlled substance by individuals; or
598	597		34 (6) any purpose announced or described by the seller that is in
599	598		35 violation of this chapter;
600	599		36 commits a Class A infraction for dealing in paraphernalia.
601	600		37 (b) A person who knowingly or intentionally violates subsection (a)
602	601		38 commits a Class A misdemeanor. However, the offense is a Level 6
603	602		39 felony if the person has a prior unrelated judgment or conviction under
604	603		40 this section.
605	604		41 (c) This section does not apply to the following:
606	605		42 (1) Items marketed for use in the preparation, compounding,
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608	607		1 packaging, labeling, or other use of marijuana, hash oil, hashish,
609	608		2 salvia, a synthetic drug, or a controlled substance as an incident
610	609		3 to lawful research, teaching, or chemical analysis and not for sale.
611	610		4 (2) Items marketed for or historically and customarily used in
612	611		5 connection with the planting, propagating, cultivating, growing,
613	612		6 harvesting, manufacturing, compounding, converting, producing,
614	613		7 processing, preparing, testing, analyzing, packaging, repackaging,
615	614		8 storing, containing, concealing, injecting, ingesting, or inhaling
616	615		9 of tobacco or any other lawful substance.
617	616		10 (3) A qualified entity (as defined in IC 16-41-7.5-3) that provides
618	617		11 a syringe or needle as part of a program under IC 16-41-7.5.
619	618		12 (4) Any entity or person that provides funding to a qualified entity
620	619		13 (as defined in IC 16-41-7.5-3) to operate a program described in
621	620		14 IC 16-41-7.5.
622	621		15 (5) Items marketed to detect the presence of a drug or
623	622		16 controlled substance, including field test kits and test strips.
624		-	SB 312—LS 6538/DI 107 16
625		-	COMMITTEE REPORT
626		-	Mr. President: The Senate Committee on Corrections and Criminal
627		-	Law, to which was referred Senate Bill No. 312, has had the same
628		-	under consideration and begs leave to report the same back to the
629		-	Senate with the recommendation that said bill DO PASS.
630		-	(Reference is to SB 312 as introduced.)
631		-
632		-	FREEMAN, Chairperson
633		-	Committee Vote: Yeas 8, Nays 0
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