Indiana State Board of Nursing
Compilation of the Indiana Code and Indiana Administrative Code
2011 Edition
Indiana Professional Licensing Agency Indiana State Board of Nursing Indiana Government Center-South 402 West Washington Street, Room W072 Indianapolis, Indiana 46204 Phone: (317) 234-2043 Fax: (317) 233-4236 or (317) 233-5559 Email: [email protected] Website: www.PLA.IN.gov
NOTICE: This compilation incorporates the most recent revisions of statutes and administrative rules available as of January 1, 2011. Note that this compilation is not an official version of the Indiana Code or the Indiana Administrative Code. It is distributed as a general guide to Indiana nursing laws and regulations. It is not intended to be offered as legal advice, and it may contain typographical errors. Neither the Indiana State Board of Nursing nor the staff of the Indiana Professional Licensing Agency is able to provide legal advice on issues contained herein. For legal advice, please consult an attorney. To obtain official copies of the Indiana Code or Indiana Administrative Code, please contact your nearest public library.
If you wish to obtain additional copies of this law book, they are available for free on our website located at http://www.in.gov/pla.
2 INDIANA STATE BOARD OF NURSING
January 2011 Edition
TABLE OF CONTENTS
INDIANA CODE § 25-23 – Nurses
Chapter 1. Licensing of Nurses; Creation of Board; Education Programs IC 25-23-1 Pages 5-18
INDIANA CODE § 25-1 – General Provisions
Chapter 1. Evidence of License Applicant's Payment of Personal Property Taxes Required IC 25-1-1 Page 19
Chapter 1.1. Effect of Criminal Convictions on Licensed or Registered Persons IC 25-1-1.1 Page 19
Chapter 1.2 . Effect of Delinquency in Child Support Payments on Licensed or Registered Persons IC 25-1-1.2 Pages 20-22
Chapter 2. Renewal of Licenses Granted by State Agencies. Notice of Expiration IC 25-1-2 Pages 22-27
Chapter 3. Civil Immunity of Regulatory Agencies IC 25-1-3 Page 27
Chapter 4. Continuing Education IC 25-1-4 Pages 27-32
Chapter 5. Professional Licensing Agency IC 25-1-5 Pages 32-36
Chapter 6. Professional Licensing Agency Functions and Duties IC 25-1-6 Pages 36-40
Chapter 7. Investigation and Prosecution of Complaints Concerning Regulated Occupations IC 25-1-7 Pages 40-46
Chapter 8. Occupational and Professional Licensure, Registration, and Certification Fees IC 25-1-8 Pages 46-53
Chapter 9. Health Professions Standards of Practice IC 25-1-9 Pages 53-60
Chapter 12. Renewal of Licenses Held by Individuals in Military Service IC 25-1-12 Pages 60-61
Chapter 14. Meetings IC 25-1-14 Pages 61-62
Chapter 15. Exemptions for Athletic Organization Practitioners Licensed in Other Jurisdictions IC 25-1-15 Page 62
Non-Code Provision Under Public Law 206-2005 P.L.206-2005 Page 33
Non-Code Provision Under Public Law 177-2009 P.L.177-2009 Pages 33 - 34
INDIANA ADMINISTRATIVE CODE
Title 848, Article 1 – Registered Nurses and Practical Nurses
Rule 1. Definitions; Administration 848 IAC 1-1 Pages 63-67
Rule 2. Accreditation 848 IAC 1-2 Pages 67-78
Title 848, Article 2 – Standards for the Competent Practice of Registered and Licensed Practical Nursing
Rule 1. Definitions 848 IAC 2-1 Page 78
Rule 2. Registered Nursing 848 IAC 2-2 Pages 79-80
3 Rule 3. Licensed Practical Nursing 848 IAC 2-3 Pages 80-81
Title 848, Article 3 – Nurse-Midwives
Rule 1. Definitions 848 IAC 3-1 Pages 81-83
Rule 2. General Provisions 848 IAC 3-2 Pages 83-84
Rule 3. Competent Practice of Nurse-Midwifery 848 IAC 3-3 Pages 84-85
Rule 4. Limitations of Rules (Repealed) 848 IAC 3-4 Page 85
Rule 5. Fees for Nurse-Midwives 848 IAC 3-5 Page 85
Title 848, Article 4 – Advanced Practice Nursing and Prescriptive Authority for Advanced Practice Nursing
Rule 1. Definitions 848 IAC 4-1 Pages 85-86
Rule 2. Competent Practice of Nurse Practitioners 848 IAC 4-2 Pages 86-88
Rule 3. Competent Practice of Clinical Nurse Specialists 848 IAC 4-3 Page 88
Rule 4. Limitations of Rules (Repealed) 848 IAC 4-4 Page 89
Title 848, Article 5 – Prescriptive Authority for Advanced Practice Nursing
Rule 1. Prescriptive Authority 848 IAC 5-1 Pages 89-91
Rule 2. Limitations of Rules 848 IAC 5-2 Page 91
Rule 3. Fees for Prescriptive Authority 848 IAC 5-3 Page 91
Title 848, Article 6 – Interstate Nurse Licensure Compact and Multi-State Licensure Privileges (Repealed)
Title 848, Article 7 – Indiana State Nurses Assistance Program
Rule 1. General Provisions 848 IAC 7-1 Pages 92-95
4
physical, and behavioral sciences. INDIANA CODE § 25-23 (b) As used in this chapter, "registered nursing" means performance of services which ARTICLE 23. NURSES include but are not limited to: (1) assessing health conditions; (2) deriving a nursing diagnosis; IC 25-23-1 (3) executing a nursing regimen through the Chapter 1. Licensing of Nurses; Creation of selection, performance, and management of Board; Education Programs nursing actions based on nursing diagnoses; (4) advocating the provision of health care IC 25-23-1-1 Definitions services through collaboration with or referral to Sec. 1. As used in this chapter: other health professionals; (a) "Board" means the Indiana state board of (5) executing regimens delegated by a nursing. physician with an unlimited license to practice (b) "Advanced practice nurse" means: medicine or osteopathic medicine, (1) a nurse practitioner; a licensed dentist, a licensed chiropractor, a (2) a nurse midwife; or licensed optometrist, or a licensed podiatrist; (3) a clinical nurse specialist; (6) teaching, administering, supervising, who is a registered nurse qualified to practice delegating, and evaluating nursing practice; nursing in a specialty role based upon the (7) delegating tasks which assist in additional knowledge and skill gained through a implementing the nursing, medical, or dental formal organized program of study and clinical regimen; or experience, or the equivalent as determined by (8) performing acts which are approved by the board, which does not limit but extends or the board or by the board in collaboration with expands the function of the nurse which may be the medical licensing board of Indiana. initiated by the client or provider in settings that (c) As used in this chapter, "assessing health shall include hospital outpatient clinics and health conditions" means the collection of data through maintenance organizations. means such as interviews, observation, and (c) "Human response" means those signs, inspection for the purpose of: symptoms, behaviors, and processes that denote (1) deriving a nursing diagnosis; the individual's interaction with the environment. (2) identifying the need for additional data (Formerly: Acts 1949, c.159, s.1; Acts 1971, collection by nursing personnel; and P.L.376, SEC.1; Acts 1974, P.L.119, SEC.1.) As (3) identifying the need for additional data amended by Acts 1981, P.L.228, SEC.1; P.L.169- collection by other health professionals. 1985, SEC.63; P.L.185-1993, SEC.2. (d) As used in this chapter, "nursing regimen" means preventive, restorative, maintenance, and IC 25-23-1-1.1 Additional definitions promotion activities which include meeting or Sec. 1.1. (a) As used in this chapter, assisting with self-care needs, counseling, and "registered nurse" means a person who holds a teaching. valid license issued: (e) As used in this chapter, "nursing diagnosis" (1) under this chapter; or means the identification of needs which are (2) by a party state (as defined in IC 25- amenable to nursing regimen. 23.3-2-11); and As added by Acts 1981, P.L.222, SEC.158. who bears primary responsibility and Amended by P.L.169-1985, SEC.64; P.L.181- accountability for nursing practices based on 2002, SEC.3; P.L.1-2007, SEC.170; P.L.134- specialized knowledge, judgment, and skill 2008, SEC.26. derived from the principles of biological,
5 Accreditation of Nurse Anesthesia Educational Programs or its predecessor; IC 25-23-1-1.2 "Licensed practical nurse" (2) is properly certified by successfully defined completing the certification examination Sec. 1.2. As used in this chapter, "licensed administered by the Council on Certification of practical nurse" means a person who holds a Nurse Anesthetists or its predecessor; and valid license issued under this chapter or by a (3) is properly certified and in compliance party state (as defined in IC 25-23.3-2-11) and with criteria for biennial recertification, as who functions at the direction of: defined by the Council on Recertification of (1) a registered nurse; Nurse Anesthetists. (2) a physician with an unlimited license to As added by P.L.185-1993, SEC.3. Amended by practice medicine or osteopathic medicine; P.L.177-2009, SEC.42. (3) a licensed dentist; (4) a licensed chiropractor; IC 25-23-1-2 Indiana state board of nursing; (5) a licensed optometrist; or establishment; members; term of office; (6) a licensed podiatrist; vacancies in the performance of activities commonly Sec. 2. (a) There is established the Indiana performed by practical nurses and requiring state board of nursing consisting of nine (9) special knowledge or skill. members appointed by the governor, each to As added by P.L.169-1985, SEC.65. Amended by serve a term of four (4) years subject to death, P.L.181-2002, SEC.4; P.L.1-2007, SEC.171; resignation, or removal by the governor. P.L.134-2008, SEC.27. (b) Six (6) of the board members must be registered nurses who are committed to IC 25-23-1-1.3 "Practical nursing" defined advancing and safeguarding the nursing Sec. 1.3. As used in this chapter, "practical profession as a whole. Two (2) of the board's nursing" means the performance of services members must be licensed practical nurses. One commonly performed by practical nurses, (1) member of the board, to represent the general including: public, must be a resident of this state and not be (1) contributing to the assessment of the associated with nursing in any way other than as health status of a consumer. individuals or groups; (c) Each appointed board member may serve (2) participating in the development and until the member's successor has been appointed modification of the strategy of care; and qualified. Any vacancy occurring in the (3) implementing the appropriate aspects of membership of the board for any cause shall be the strategy of care; filled by appointment by the governor for the (4) maintaining safe and effective nursing unexpired term. Members of the board may be care; and appointed for more than one (1) term. However, (5) participating in the evaluation of no person who has served as a member of the responses to the strategy of care. board for more than six (6) consecutive years As added by P.L.169-1985, SEC.66. may be reappointed. Reappointments of persons who have served six (6) consecutive years as a IC 25-23-1-1.4 "Certified registered nurse member of the board may be made after three (3) anesthetist" defined years have elapsed. Sec. 1.4. As used in this chapter, "certified (Formerly: Acts 1949, c.159, s.2; Acts 1971, registered nurse anesthetist" means a registered P.L.376, SEC.2.) As amended by Acts 1981, nurse who: P.L.222, SEC.159; P.L.169-1985, SEC.67; (1) is a graduate of a nurse anesthesia P.L.185-1993, SEC.4; P.L.158-2003, SEC.4. educational program accredited by the Council on 6 (4) be actively engaged in the activities IC 25-23-1-3 Filling vacancies; removal of described in subdivision (3)(C) throughout the board members member's term of office. Sec. 3. On or before December 1 of each year (b) Each licensed practical nurse member of and at any time there is a vacancy, the Indiana the board required by section 2 of this chapter State Nurses' Association shall recommend to the must: Governor a list of qualified registered nurses for (1) be a citizen of the United States; appointment to the Board in the number of not (2) be a resident of Indiana; less than twice the number of registered nurse (3) have: vacancies to be filled. (A) graduated from an accredited On or before December 1 of each year and at educational program for the preparation of any time there is a vacancy, the Indiana practitioners of practical nursing; Federation of Licensed Practical Nurses' shall (B) been licensed as a licensed practical recommend to the Governor a list of qualified nurse in Indiana; licensed practical nurses and nurse educators of (C) had at least five (5) years successful Practical Nurse Programs for appointment to the experience as a practitioner of practical nursing Board in the number of not less than twice the since graduation; and number of vacancies to be filled. The Governor (D) been actively engaged in practical may remove any member from the Board for nursing for at least three (3) years immediately neglect of any duty required by law or for preceding appointment to the board; and incompetency or unprofessional or dishonorable (4) be actively engaged in practice conduct. throughout the member's (Formerly: Acts 1949, c.159, s.3; Acts 1971, term of office. P.L.376, SEC.3.) (c) Before entering upon the discharge of official duties, each member of the board shall IC 25-23-1-4 Qualifications of members of file the constitutional oath of office in the office board; oath of the secretary of state. Sec. 4. (a) Each registered nurse member of (Formerly: Acts 1949, c.159, s.4; Acts 1971, the board required by section 2 of this chapter P.L.376, SEC.4.) As amended by P.L.169-1985, must: SEC.68. (1) be a citizen of the United States; (2) be a resident of Indiana; IC 25-23-1-5 Meetings; officers; quorum (3) have: Sec. 5. (a) The board shall meet annually. At (A) graduated from an accredited its first meeting of the calendar year, it shall elect educational program for the preparation of from the membership a president, a vice practitioners of professional nursing; president, and a secretary. It shall hold such other (B) been licensed as a registered nurse in meetings during the year as may be necessary for Indiana; the transaction of its business. (C) had at least five (5) years successful (b) Five (5) members of the board constitute a experience since graduation in administering, quorum. An affirmative vote of a majority of the teaching, or practicing in an educational program members appointed to the board is required for to prepare practitioners of nursing or in action of the board. administering or practicing in nursing service; (Formerly: Acts 1949, c.159, s.5; Acts 1971, and P.L.376, SEC.5.) As amended by Acts 1981, (D) been actively engaged in the activities P.L.222, SEC.160; P.L.169-1985, SEC.69; described in clause (C) for at least three (3) years P.L.149-1987, SEC.56; P.L.158-2003, SEC.5. immediately preceding appointment or reappointment; and 7 IC 25-23-1-6 Repealed 23.3. (Repealed by P.L.169-1985, SEC.97.) (b) The board may do the following: IC 25-23-1-7 Powers and duties of board (1) Create ad hoc subcommittees Sec. 7. (a) The board shall do the following: representing the various nursing specialties and (1) Adopt under IC 4-22-2 rules necessary to interests of the profession of nursing. Persons enable it to carry into effect this chapter. appointed to a subcommittee serve for terms as (2) Prescribe standards and approve determined by the board. curricula for nursing education programs (2) Utilize the appropriate subcommittees so preparing persons for licensure under this as to assist the board with its responsibilities. The chapter. assistance provided by the subcommittees may (3) Provide for surveys of such programs at include the following: such times as it considers necessary. (A) Recommendation of rules necessary (4) Accredit such programs as meet the to carry out the duties of the board. requirements of this chapter and of the board. (B) Recommendations concerning (5) Deny or withdraw accreditation from educational programs and requirements. nursing education programs for failure to meet (C) Recommendations regarding prescribed curricula or other standards. examinations and licensure of applicants. (6) Examine, license, and renew the license (3) Appoint nurses to serve on each of the ad of qualified applicants. hoc subcommittees. (7) Issue subpoenas, compel the attendance (4) Withdraw from the interstate nurse of witnesses, and administer oaths to persons licensure compact under IC 25-23.2 (repealed). giving testimony at hearings. (5) If requested by the nonprofit corporation (8) Cause the prosecution of all persons formed under IC 12-31-1-3, provide assistance to violating this chapter and have power to incur the public umbilical cord blood bank and necessary expenses for these prosecutions. umbilical cord blood donation initiative. (9) Adopt rules under IC 4-22-2 that do the (c) Nurses appointed under subsection (b) following: must: (A) Prescribe standards for the competent (1) be committed to advancing and practice of registered, practical, and advanced safeguarding the nursing profession as a whole; practice nursing. and (B) Establish with the approval of the (2) represent nurses who practice in the field medical licensing board created by IC 25-22.5-2- directly affected by a subcommittee's actions. 1 requirements that advanced practice nurses (Formerly: Acts 1949, c.159, s.7; Acts 1971, must meet to be granted authority to prescribe P.L.376, SEC.6.) As amended by Acts 1977, legend drugs and to retain that authority. P.L.172, SEC.29; Acts 1979, P.L.17, SEC.46; (C) Establish, with the approval of the Acts 1981, P.L.222, SEC.161; P.L.169-1985, medical licensing board created by IC 25-22.5-2- SEC.70; P.L.149-1987, SEC.57; P.L.185-1993, 1, requirements for the renewal of a practice SEC.5; P.L.127-1994, SEC.1; P.L.181-2002, agreement under section 19.4 of this chapter, SEC.5; P.L.158-2003, SEC.6; P.L.1-2007, which shall expire on October 31 in each odd- SEC.172; P.L.134-2008, SEC.28. numbered year. (10) Keep a record of all its proceedings. IC 25-23-1-7.1 Rules and regulations (11) Collect and distribute annually Sec. 7.1. The board may adopt rules and demographic information on the number and type regulations applicable to nurse practitioners. of registered nurses and licensed practical nurses As added by Acts 1981, P.L.228, SEC.2. employed in Indiana. (12) Adopt rules and administer the IC 25-23-1-8 Repealed interstate nurse licensure compact under IC 25- (Repealed by P.L.169-1985, SEC.97.) 8 permits under this section. IC 25-23-1-9 Repealed As added by P.L.169-1985, SEC.71. Amended by (Repealed by P.L.169-1985, SEC.97.) P.L.149-1987, SEC.59; P.L.152-1988, SEC.16; P.L.48-1991, SEC.38; P.L.243-1995, SEC.1. IC 25-23-1-10 Compensation of board members IC 25-23-1-11 Requirements for registered Sec. 10. (a) Each member of the board who is nurse applicants; endorsement license; fees; not a state employee is entitled to the minimum use of title salary per diem provided by IC 4-10-11-2.1(b). Sec. 11. (a) Any person who applies to the Such a member is also entitled to reimbursement board for a license to practice as a registered for traveling expenses and other expenses nurse must: actually incurred in connection with the (1) not have: member's duties, as provided in the state travel (A) been convicted of a crime that has a policies and procedures established by the direct bearing on the person's ability to practice department of administration and approved by the competently; or state budget agency. (B) committed an act that would (b) Each member of the board who is a state constitute a ground for a disciplinary sanction employee but who is not a member of the general under IC 25-1-9; assembly is entitled to reimbursement for (2) have completed: traveling expenses and other expenses actually (A) the prescribed curriculum and met the incurred in connection with the member's duties, graduation requirements of a state accredited as provided in the state travel policies and program of registered nursing that only accepts procedures established by the department of students who have a high school diploma or its administration and approved by the state budget equivalent as determined by the board; or agency. (B) the prescribed curriculum and (Formerly: Acts 1949, c.159, s.10; Acts 1971, graduation requirements of a nursing education P.L.376, SEC.9.) As amended by P.L.149-1987, program in a foreign country that is substantially SEC.58. equivalent to a board approved program as determined by the board. The board may by rule IC 25-23-1-10.5 Temporary permits adopted under IC 4-22-2 require an applicant Sec. 10.5. (a) The board may issue a under this subsection to successfully complete an temporary permit to practice as a nurse to a nurse examination approved by the board to measure licensed to practice in another state or territory of the applicant's qualifications and background in the United States, who has applied to the board the practice of nursing and proficiency in the for licensure by endorsement and submitted proof English language; and of current licensure to the board. The permit is (3) be physically and mentally capable of valid for ninety (90) days after issuance or upon and professionally competent to safely engage in denial of licensure by the board. The permit may the practice of nursing as determined by the be renewed by the board, for a period not to board. exceed ninety (90) days, if, in the determination The board may not require a person to have a of the board, it is not possible to complete the baccalaureate degree in nursing as a prerequisite application process in that time period. for licensure. (b) Persons holding a temporary permit to (b) The applicant must pass an examination in practice as a nurse are subject to the disciplinary such subjects as the board may determine. provisions of this chapter and IC 25-1-9. (c) The board may issue by endorsement a (c) The board may establish by rule under license to practice as a registered nurse to an IC 4-22-2 application procedures and applicant who has been licensed as a registered requirements for the issuance of temporary nurse, by examination, under the laws of another 9 state if the applicant presents proof satisfactory to may use the title "Registered Nurse" and the the board that, at the time that the applicant abbreviation "R.N.". No other person shall applies for an Indiana license by endorsement, practice or advertise as or assume the title of the applicant holds a current license in another registered nurse or use the abbreviation of "R.N." state and possesses credentials and qualifications or any other words, letters, signs, or figures to that are substantially equivalent to requirements indicate that the person using same is a registered in Indiana for licensure by examination. The nurse. board may specify by rule what constitutes (Formerly: Acts 1949, c.159, s.11; Acts 1971, substantial equivalence under this subsection. P.L.376, SEC.10; Acts 1974, P.L.119, SEC.3; (d) The board may issue by endorsement a Acts 1975, P.L.272, SEC.1.) As amended by Acts license to practice as a registered nurse to an 1981, P.L.222, SEC.163; Acts 1982, P.L.113, applicant who: SEC.58; P.L.169-1985, SEC.72; P.L.149-1987, (1) has completed the English version of the: SEC.60; P.L.152-1988, SEC.17; P.L.48-1991, (A) Canadian Nurse Association Testing SEC.39; P.L.33-1993, SEC.30; P.L.181-1996, Service Examination (CNAT); or SEC.1; P.L.236-1999, SEC.1; P.L.181-2002, (B) Canadian Registered Nurse SEC.6; P.L.1-2007, SEC.173; P.L.134-2008, Examination (CRNE); SEC.29. (2) achieved the passing score required on the examination at the time the examination was IC 25-23-1-12 Requirements for practical taken; nurse applicants; endorsement license; fees; (3) is currently licensed in a Canadian use of title province or in another Sec. 12. (a) A person who applies to the board state; and for a license to practice as a licensed practical (4) meets the other requirements under this nurse must: section. (1) not have been convicted of: (e) Each applicant for examination and (A) an act which would constitute a registration to practice as a registered nurse shall ground for disciplinary sanction under IC 25-1-9; pay a fee set by the board, a part of which must or be used for the rehabilitation of impaired (B) a crime that has a direct bearing on registered nurses and impaired licensed practical the person's ability to practice competently; nurses. Payment of the fee or fees shall be made (2) have completed: by the applicant prior to the date of examination. (A) the prescribed curriculum and met the The lesser of the following amounts from fees graduation requirements of a state accredited collected under this subsection shall be deposited program of practical nursing that only accepts in the impaired nurses account of the state students who have a high school diploma or its general fund established by section 34 of this equivalent, as determined by the board; or chapter: (B) the prescribed curriculum and (1) Twenty-five percent (25%) of the license graduation requirements of a nursing education application fee per license applied for under this program in a foreign country that is substantially section. equivalent to a board approved program as (2) The cost per license to operate the determined by the board. The board may by rule impaired nurses program, as determined by the adopted Indiana professional licensing agency. under IC 4-22-2 require an applicant under this (f) Any person who holds a license to practice subsection to successfully complete an as a registered nurse in: examination approved by the board to measure (1) Indiana; or the applicant's qualifications and background in (2) a party state (as defined in IC 25-23.3-2- the practice of nursing and proficiency in the 11); English language; and 10 (3) be physically and mentally capable of, licensed practical nurse. and professionally competent to, safely engage in (Formerly: Acts 1949, c.159, s.12; Acts 1951, the practice of practical nursing as determined by c.34, s.1; Acts 1971, P.L.376, SEC.11.) As the board. amended by Acts 1981, P.L.222, SEC.164; Acts (b) The applicant must pass an examination in 1982, P.L.113, SEC.59; P.L.169-1985, SEC.73; such subjects as the board may determine. P.L.149-1987, SEC.61; P.L.152-1988, SEC.18; (c) The board may issue by endorsement a P.L.33-1993, SEC.31; P.L.181-2002, SEC.7; license to practice as a licensed practical nurse to P.L.1-2007, SEC.174; P.L.134-2008, SEC.30. an applicant who has been licensed as a licensed IC 25-23-1-13 practical nurse, by examination, under the laws of (Repealed by P.L.169-1985, SEC.97.) another state if the applicant presents proof satisfactory to the board that, at the time of IC 25-23-1-13.1 Midwives application for an Indiana license by Sec. 13.1. (a) An applicant who desires to endorsement, the applicant possesses credentials practice midwifery shall present to the board the and qualifications that are substantially applicant's license as a registered nurse and a equivalent to requirements in Indiana for diploma earned by the applicant from a school of licensure by examination. The board may specify midwifery approved or licensed by the board or by rule what shall constitute substantial licensing agency for midwives that is located in equivalence under this subsection. any state. (d) Each applicant for examination and (b) The applicant shall submit to an registration to practice as a practical nurse shall examination in midwifery prescribed or pay a fee set by the board, a part of which must administered by the board. If the application and be used for the rehabilitation of impaired qualifications are approved by the board, the registered nurses and impaired licensed practical applicant is entitled to receive a limited license nurses. Payment of the fees shall be made by the that allows the applicant to practice midwifery. applicant before the date of examination. The (c) The board shall adopt rules under IC 25-23- lesser of the following amounts from fees 1-7: collected under this subsection shall be deposited (1) defining the scope of practice for in the impaired nurses account of the state midwifery; and general fund established by section 34 of this (2) for implementing this section. chapter: As added by P.L.185-1993, SEC.6. (1) Twenty-five percent (25%) of the license application fee per license applied for under this IC 25-23-1-14 Repealed section. (Repealed by P.L.169-1985, SEC.97.) (2) The cost per license to operate the impaired nurses program, as determined by the IC 25-23-1-15 Repealed Indiana professional licensing agency. (Repealed by P.L.169-1985, SEC.97.) (e) Any person who holds a license to practice as a licensed practical nurse in: IC 25-23-1-16 Repealed (1) Indiana; or (Repealed by Acts 1981, P.L.222, SEC.296.) (2) a party state (as defined in IC 25-23.3-2- 11); IC 25-23-1-16.1 Expiration of license; renewal; may use the title "Licensed Practical Nurse" and fee the abbreviation "L.P.N.". No other person shall Sec. 16.1. (a) A license to practice as a practice or advertise as or assume the title of registered nurse expires on October 31 in each licensed practical nurse or use the abbreviation of odd-numbered year. Failure to renew the license "L.P.N." or any other words, letters, signs, or on or before the expiration date will figures to indicate that the person using them is a automatically render the license invalid without 11 any action by the board. (b) A person who fails to apply to reinstate a (b) A license to practice as a licensed practical license under this section within three (3) years nurse expires on October 31 in each even- after the date it expires may be issued a license numbered year. Failure to renew the license on or by the board if the person meets the requirements before the expiration date will automatically under IC 25-1-8-6. render the license invalid without any action by (Formerly: Acts 1949, c.159, s.18; Acts 1951, the board. c.34, s.4; Acts 1971, P.L.376, SEC.15; Acts 1975, (c) The procedures and fee for renewal shall be P.L.272, SEC.4.) As amended by Acts 1981, set by the board. P.L.222, SEC.170; P.L.169-1985, SEC.75; (d) At the time of license renewal, each P.L.48-1991, SEC.40; P.L.33-1993, SEC.32; registered nurse and each licensed practical nurse P.L.269-2001, SEC.17. shall pay a renewal fee, a portion of which shall be for the rehabilitation of impaired registered IC 25-23-1-19 Repealed nurses and impaired licensed practical nurses. (Repealed by P.L.149-1987, SEC.120.) The lesser of the following amounts from fees collected under this subsection shall be deposited IC 25-23-1-19.4 Advanced practice nurses; in the impaired nurses account of the state collaboration with licensed practitioner general fund established by section 34 of this Sec. 19.4. (a) As used in this section, chapter: "practitioner" has the meaning set forth in IC 16- (1) Twenty-five percent (25%) of the license 42-19-5. However, the term does not include the renewal fee per license renewed under this following: section. (1) A veterinarian. (2) The cost per license to operate the (2) An advanced practice nurse. impaired nurses program, as determined by the (3) A physician assistant. Indiana professional licensing agency. (b) An advanced practice nurse shall operate in As added by Acts 1981, P.L.222, SEC.168. collaboration with a licensed practitioner as Amended by P.L.169-1985, SEC.74; P.L.149- evidenced by a practice agreement, or by 1987, SEC.62; P.L.127-1994, SEC.2; P.L.181- privileges granted by the governing board of a 2002, SEC.8; P.L.1-2006, SEC.451; P.L.134- hospital licensed under IC 16-21 with the advice 2008, SEC.31. of the medical staff of the hospital that sets forth the manner in which an advanced practice nurse IC 25-23-1-17 Receipts; use and disposition and a licensed practitioner will cooperate, Sec. 17. All moneys received shall be coordinate, and consult with each other in the deposited with the treasurer of state at the end of provision of health care to their patients. each month and be placed by him in the general As added by P.L.185-1993, SEC.7. Amended by fund of the state. The expenses of said board shall P.L.105-2008, SEC.43. be paid from the general fund upon appropriation being made therefrom in the manner provided for IC 25-23-1-19.5 Advanced practice nurses; the making of such appropriations. authority to prescribe legend drugs (Formerly: Acts 1949, c.159, s.17.) As amended Sec. 19.5. (a) The board shall establish a by Acts 1981, P.L.222, SEC.169. program under which advanced practice nurses who meet the requirements established by the IC 25-23-1-18 Failure to renew license; board are authorized to prescribe legend drugs, reinstatement; fee including controlled substances (as defined in Sec. 18. (a) Any person who fails to renew a IC 35-48-1). license before it expires shall be reinstated by the (b) The authority granted by the board under board upon meeting the requirements under this section: IC 25-1-8-6. (1) expires on October 31 of the odd- 12 numbered year following the year the authority (c) An advanced practice nurse may be granted was granted or renewed; and authority to prescribe legend drugs under this (2) is subject to renewal indefinitely for chapter only within the scope of practice of the successive periods of two (2) years. advanced practice nurse and the scope of the (c) The rules adopted under section 7 of this licensed collaborating health practitioner. chapter concerning the authority of advanced As added by P.L.185-1993, SEC.9. practice nurses to prescribe legend drugs must do the following: IC 25-23-1-19.7 Renewal of prescriptive (1) Require an advanced practice nurse or a authority prospective advanced practice nurse who seeks Sec. 19.7. (a) This subsection applies to an the authority to submit an application to the applicant for renewal who has never received a board. renewal of prescriptive authority under section (2) Require, as a prerequisite to the initial 19.5 of this chapter and whose prescriptive granting of the authority, the successful authority has never lapsed. If the applicant was completion by the applicant of a graduate level initially granted prescriptive authority: course in pharmacology providing at least two (2) (1) less than twelve (12) months before the semester hours of academic credit. expiration date of the prescriptive authority, no (3) Require, as a condition of the renewal of continuing education is required; or the authority, the completion by the advanced (2) at least twelve (12) months before the practice nurse of the continuing education expiration date of the prescriptive authority, the requirements set out in section 19.7 of this applicant shall, subject to IC 25-1-4-3, attest to chapter. the board that the applicant has successfully As added by P.L.185-1993, SEC.8. Amended by completed at least fifteen (15) contact hours of P.L.83-2000, SEC.1. continuing education. The hours must: (A) be completed after the prescriptive IC 25-23-1-19.6 Advanced practice nurses; authority was granted and before the expiration prescriptions; identification numbers of the prescriptive authority; Sec. 19.6. (a) When the board grants authority (B) include at least four (4) contact hours to an advanced practice nurse to prescribe legend of pharmacology; and drugs under this chapter, the board shall assign an (C) be approved by a nationally approved identification number to the advanced practice sponsor of continuing education for nurses, nurse. approved by the board, and listed by the Indiana (b) An advanced practice nurse who is granted professional licensing agency as approved hours. authority by the board to prescribe legend drugs (b) This subsection applies to an applicant for must do the following: renewal of prescriptive authority under section (1) Enter on each prescription form that the 19.5 of this chapter who is not described in advanced practice nurse uses to prescribe a subsection (a). The applicant shall, subject to legend drug: IC 25-1-4-3, attest to the board that the applicant (A) the signature of the advanced practice has successfully completed at least thirty (30) nurse; contact hours of continuing education. The hours (B) initials indicating the credentials must: awarded to the advanced practice nurse under this (1) be completed within the two (2) years chapter; and immediately preceding the renewal; (C) the identification number assigned to (2) include at least eight (8) contact hours of the advanced practice nurse under subsection (a). pharmacology; and (2) Comply with all applicable state and (3) be approved by a nationally approved federal laws concerning prescriptions for legend sponsor of continuing education for nurses, be drugs. approved by the board, and be listed by the 13 Indiana professional licensing agency as agreement are not operating within the terms of approved hours. the practice agreement, requiring the parties to As added by P.L.83-2000, SEC.2. Amended by appear before the agency or the agency's designee P.L.269-2001, SEC.18; P.L.1-2006, SEC.452. to provide evidence of compliance with the IC 25-23-1-19.8 practice agreement. Audit; procedure; provide information to board; (c) Not more than sixty (60) days after the order to show cause; hearing; divulging records completion of the audit required in subsection (a), to professional licensing agency; immunity from the Indiana professional licensing agency shall liability provide the board with the following: Sec. 19.8. (a) Before December 31 of an even- (1) A summary of the information obtained numbered year, the Indiana professional licensing in the audit. agency or the agency's designee shall randomly (2) A statement regarding whether an audit at least one percent (1%) but not more than advanced practice nurse and a licensed ten percent (10%) of the practice agreements of practitioner who have entered into a practice advanced practice nurses with authority to agreement that is audited under subsection (a) are prescribe legend drugs under section 19.5 of this operating within the terms of the practice chapter to determine whether the practice agreement. agreement meets the requirements of this chapter The agency shall also provide a copy of the or rules adopted by the board. information described in this subsection to the (b) The Indiana professional licensing agency board that regulates the licensed practitioner. shall establish an audit procedure, which may (d) The Indiana professional licensing agency include the following: may cause to be served upon the advanced (1) Requiring the advanced practice nurse to practice nurse an order to show cause to the provide the agency board as to why the board should not impose with a copy of verification of attendance at or disciplinary sanctions under IC 25-1-9-9 on the completion of a continuing education course or advanced practice nurse for the advanced practice program the advanced practice nurse attended nurse's failure to comply with: during the previous two (2) years. (1) an audit conducted under this section; or (2) Requiring the advanced practice nurse (2) the requirements of a practice agreement and the licensed practitioner who have entered under this chapter. into a practice agreement to submit information (e) Except for a violation concerning on a form prescribed by the agency that must continuing education requirements under IC 25- include a sworn statement signed by the 1-4, the board shall hold a hearing in accordance advanced practice nurse and the licensed with IC 4-21.5 and state the date, time, and practitioner that the parties are operating within location of the hearing in the order served under the terms of the practice agreement and the subsection (d). requirements under this chapter or rules adopted (f) The board that regulates the licensed by the board. practitioner may cause to be served upon the (3) Reviewing patient health records and licensed practitioner an order to show cause to other patient information at the practice location the board as to why the board should not impose or by requiring the submission of accurate copies disciplinary sanctions under IC 25-1-9-9 on the to determine if the parties are operating within licensed practitioner for the licensed practitioner's the terms of the practice agreement and the failure to comply with: requirements under this chapter or rules adopted (1) an audit conducted under this section; or by the board. (2) the requirements of a practice agreement (4) After a reasonable determination that the under this chapter. advanced practice nurse and the licensed (g) The board that regulates the licensed practitioner who have entered into a practice practitioner shall hold a 14 hearing in accordance with IC 4-21.5 and state program is a part and of institutions affiliating the date, time, and location of the hearing in the with the nursing education program shall be order served under subsection (f). made by the a designated representative of the (h) An order to show cause issued under this board. The surveyor shall submit a written report section must comply with the notice requirements of the survey to the board. If, in the opinion of of IC 4-21.5. the board, the requirements for an accredited (i) The licensed practitioner may divulge school of nursing are met, it shall approve the health records and other patient information to school as an accredited school of nursing. the Indiana professional licensing agency or the (b) From time to time as considered necessary agency's designee. The licensed practitioner is by the board, it shall be the duty of the board, immune from civil liability for any action based through a designated representative of the board, upon release of the patient information under this to survey all nursing education programs in the section. state. Written reports of such surveys shall be As added by P.L.158-2003, SEC.7. Amended by submitted to the board. If the board determines P.L.1-2006, SEC.453; P.L.157-2006, SEC.62. that any accredited nursing education program is not maintaining the standards required by the IC 25-23-1-20 Application for nursing statutes and by the education program; employment of registered board, notice in writing specifying the defect or nurses defects shall be immediately given to the nursing Sec. 20. (a) Any institution which desires to education program. A nursing education program conduct a nursing education program shall apply which fails to correct these conditions to the to the board and submit evidence that: satisfaction of the board within a reasonable time (1) it is prepared to give a minimum shall be removed from the list of accredited curriculum of organized instruction and clinical nursing education programs. experience in nursing in conformity to the (c) The board may elect to utilize a nursing provisions of this chapter and the rules of the education program's accreditation by a national board. Such instruction and experience may be accrediting body approved by the board and the secured in one (1) or more institutions or Council on Postsecondary Accreditation (COPA) agencies approved by the board; and as evidence that the program has met all or part (2) it is prepared to meet other standards of the required state standards and prescribed established by this chapter and by the board. curricula for continuing accreditation of nursing (b) An institution that conducts a nursing education programs. education program may employ a person who: (Formerly: Acts 1949, c.159, s.21.) As amended (1) is a registered nurse with a bachelor's by Acts 1981, P.L.222, SEC.172; P.L.149-1987, degree in nursing; and SEC.64. (2) has at least three (3) years of experience in nursing in the previous six (6) years; IC 25-23-1-22 Repealed to instruct nursing students on a part-time basis (Repealed by P.L.149-1987, SEC.120.) for the purpose of clinical instruction. (Formerly: Acts 1949, c.159, s.20; Acts 1951, IC 25-23-1-23 Repealed c.34, s.6.) As amended by Acts 1982, P.L.154, (Repealed by P.L.149-1987, SEC.120.) SEC.81; P.L.149-1987, SEC.63; P.L.177-2009, SEC.43. IC 25-23-1-24 Repealed (Repealed by P.L.169-1985, SEC.97.) IC 25-23-1-21 Survey of board; approval; surveys of accredited schools IC 25-23-1-25 Repealed Sec. 21. (a) A survey of the institution or (Repealed by Acts 1981, P.L.222, SEC.296.) institutions of which the nursing education 15 IC 25-23-1-25.1 Repealed (3) a physician with an unlimited license to (Repealed by P.L.152-1988, SEC.30.) practice medicine or osteopathic medicine; (4) a licensed dentist; IC 25-23-1-26 Duty of attorney general (5) a licensed chiropractor; Sec. 26. It shall be the duty of the attorney- (6) a licensed optometrist; general to represent the board in any court in (7) a licensed pharmacist; (8) a licensed physical therapist; which an action may be filed for the review of an (9) a licensed psychologist; order of the board. The attorney-general may, at (10) a licensed podiatrist; or his discretion, call to his assistance in such (11) a licensed speech-language action, the prosecuting attorney of the county in pathologist or audiologist. which such action is filed. (b) This chapter does not prohibit: (Formerly: Acts 1949, c.159, s.26.) (1) furnishing nursing assistance in an emergency; IC 25-23-1-27 Violations; penalty (2) the practice of nursing by any student Sec. 27. A person who: enrolled in a board approved nursing education (1) sells or fraudulently obtains or furnishes program where such practice is incidental to the any nursing diploma, license or record; student's program of study; (2) practices nursing under cover of any (3) the practice of any nurse who is diploma or license or record illegally or employed by the government of the United fraudulently obtained or assigned or issued States or any of its bureaus, divisions, or unlawfully or under fraudulent representation; agencies while in the discharge of the nurse's (3) practices nursing as a registered nurse official duties; or licensed practical nurse unless licensed to do (4) the gratuitous care of sick, injured, or so under this chapter or IC 25-23.3; infirm individuals by friends or the family of that (4) uses in connection with the person's individual; name any designation tending to imply that the (5) the care of the sick, injured, or infirm in person is a registered nurse or a licensed the home for compensation if the person assists practical nurse unless licensed to practice under only: this chapter or IC 25-23.3; (A) with personal care; (5) practices nursing during the time the (B) in the administration of a domestic or person's license issued under this chapter or family remedy; or IC 25-23.3 is suspended or revoked; (C) in the administration of a remedy that (6) conducts a school of nursing or a is ordered by a licensed health professional and program for the training of practical nurses that is within the scope of practice of the licensed unless the school or program has been health professional under Indiana law; accredited by the board; or (6) performance of tasks by persons who (7) otherwise violates this chapter; provide health care services which are delegated commits a Class B misdemeanor. or ordered by licensed health professionals, if the (Formerly: Acts 1949, c.159, s.27; Acts 1974, delegated or ordered tasks do not exceed the P.L.119, SEC.4.) As amended by Acts 1978, scope of practice of the licensed health P.L.2, SEC.2543; Acts 1981, P.L.222, SEC.175; professionals under Indiana law; P.L.181-2002, SEC.9; P.L.1-2007, SEC.175; (7) a physician with an unlimited license to P.L.134-2008, SEC.32. practice medicine or osteopathic medicine in Indiana, a licensed dentist, chiropractor, dental IC 25-23-1-27.1 Limitations on application of hygienist, optometrist, pharmacist, physical chapter; "licensed health professional" therapist, podiatrist, psychologist, speech- defined language pathologist, or audiologist from Sec. 27.1. (a) As used in this section, practicing the person's profession; "licensed health professional" means: (8) a school corporation or school employee (1) a registered nurse; from acting under IC 34-30-14; (2) a licensed practical nurse; (9) a personal services attendant from
16 providing authorized attendant care services an agency, or a legal business entity located in under IC 12-10-17.1; or that jurisdiction; (10) an attendant who provides attendant (3) the person's employment responsibilities care services (as defined in IC 16-18-2-28.5). include transporting a patient between As added by Acts 1981, P.L.222, SEC.176. jurisdictions; Amended by P.L.169-1985, SEC.78; P.L.149- (4) no trip made by the person into Indiana 1987, SEC.66; P.L.156-1988, SEC.2; P.L.255- for the purpose of transporting a patient lasts 2001, SEC.18; P.L.212-2005, SEC.21; P.L.141- more than seventy-two (72) hours; and 2006, SEC.107. (5) the person does not make more than six (6) trips into Indiana for the purpose of IC 25-23-1-27.2 Injunction from continuing transporting a patient during any twelve (12) violation of chapter; punishment month period. Sec. 27.2. The attorney general, the board, As added by P.L.187-1991, SEC.1. Amended by the prosecuting attorney, or any citizen of any P.L.1-1992, SEC.132; P.L.185-1993, SEC.10; county in which a person violates this article may P.L.111-1996, SEC.3. maintain an action in the name of the state to enjoin the person from continuing in violation of IC 25-23-1-30 Administration of anesthesia by this article. A person who is enjoined and who certified registered nurse anesthetist violates an injunction shall be punished for Sec. 30. (a) A certified registered nurse contempt of court. An injunction issued under anesthetist may administer anesthesia if the this section does not relieve a person from certified registered nurse anesthetist acts under criminal prosecution but is in addition to any the direction of and in the immediate presence of remedy provided under criminal law. a physician. As added by P.L.149-1987, SEC.67. (b) Nothing in this chapter shall be construed as requiring a certified registered nurse IC 25-23-1-27.5 Repealed anesthetist to obtain prescriptive authority to (Repealed by Acts 1981, P.L.222, SEC.296.) administer anesthesia under subsection (a). As added by P.L.185-1993, SEC.11. Amended IC 25-23-1-28 Repealed by P.L.177-2009, SEC.44. (Repealed by P.L.134-2008, SEC.52.) IC 25-23-1-31 Rehabilitation of impaired IC 25-23-1-29 Practitioners of Church of registered nurse or licensed practical nurse; Christ Scientist use of information after noncompliance Sec. 29. (a) This chapter does not apply to a Sec. 31. (a) As used in this section, "impaired nurse practicing in accordance with the practice registered nurse or licensed practical nurse" and principles of the body known as the Church means a registered nurse or licensed practical of Christ Scientist. nurse who has been affected by the use or (b) A sanitarium, nursing home, or rest home abuse of alcohol or other drugs. provided that it is listed and certified by the (b) The board shall assist in the rehabilitation Commission for Accreditation of Christian of an impaired registered nurse or licensed Science Nursing Organizations/Facilities, Inc. practical nurse. does not have to comply with any rule adopted (c) The board may do the following: by the board, except a rule that concerns the (1) Enter into agreements, provide grants, following: and make other arrangements with statewide (1) The sanitary and safe conditions of the nonprofit professional associations, foundations, premises. or other entities specifically devoted to the (2) The cleanliness of operation. rehabilitation of impaired health care (3) The physical equipment. professionals to identify and assist impaired (c) The chapter does not apply to a person if: registered nurses and licensed (1) the person is licensed as a nurse in practical nurses. another jurisdiction; (2) Accept and designate grants, public and (2) the person is employed by an individual, private financial assistance, and licensure fees to
17 fund programs under subdivision (1) to assist IC 25-23-1-32 Reserved impaired registered nurses and licensed practical nurses. IC 25-23-1-33 Professing to be nurse (d) Except as provided in subsection (f), all: practitioner or clinical nurse specialist; use (1) information furnished to a nonprofit of title professional association, foundation, or other Sec. 33. (a) An individual may not: entity specifically devoted to the rehabilitation of (1) profess to be a nurse practitioner; or impaired health care professionals, including (2) use the title "nurse practitioner"; interviews, reports, statements, and memoranda; unless the individual is a nurse practitioner. and (b) An individual may not: (2) findings, conclusions, or (1) profess to be a clinical nurse specialist; recommendations that result from a proceeding or of the professional association, foundation, or (2) use the title "clinical nurse specialist"; other entity specifically devoted to the unless the individual is a clinical nurse specialist. rehabilitation of impaired health care As added by P.L.185-1993, SEC.13. professionals; are privileged and confidential. IC 25-23-1-34 Impaired nurses account (e) The records of a proceeding under Sec. 34. (a) The impaired nurses account is subsection (d) may be used only in the exercise established within the state general fund for the of proper functions of the board, and may not purpose of providing money for providing become public records or subject to a subpoena rehabilitation of impaired registered nurses or or discovery proceeding. licensed practical nurses under this article. The (f) Information received by the board from the account shall be administered by the Indiana board designated rehabilitation program for professional licensing agency. noncompliance by the registered nurse or (b) Expenses of administering the account licensed practical nurse may be used by the shall be paid from money in the account. The board in any disciplinary or criminal proceedings account consists of the following: instituted against the impaired registered nurse (1) Funds collected for the rehabilitation of or licensed practical nurse. impaired registered nurses and impaired (g) The board designated rehabilitation licensed practical nurses under sections 11(e), program shall: 12(d), and 16.1(d) of this chapter. (1) immediately report to the board the (2) Funds collected under section 31(c)(2) name and results of any contact or investigation of this chapter. concerning an impaired registered nurse or (3) Fines collected from registered nurses licensed practical nurse who the program or licensed practical nurses under IC 25-1-9- believes constitutes a certain, immediate, and 9(a)(6). impending danger to either the public or the (c) The treasurer of state shall invest the impaired registered nurse or licensed practical money in the account not currently needed to nurse; and meet the obligations of the account in the same (2) in a timely fashion report to the board an manner as other public money may be invested. impaired registered nurse or licensed practical (d) Money in the account is appropriated to the nurse: board for the purpose stated in subsection (a). (A) who refuses to cooperate with the As added by P.L.127-1994, SEC.3. Amended by program; P.L.181-2002, SEC.11; P.L.1-2006, SEC.454; (B) who refuses to submit to treatment; or P.L.1-2007, SEC.176; P.L.134-2008, SEC.33. (C) whose impairment is not substantially or significantly alleviated through treatment, as determined by accepted medical standards. As added by P.L.185-1993, SEC.12. Amended by P.L.243-1995, SEC.2; P.L.181-2002, SEC.10.
18 INDIANA CODE § 25-1 IC 25-1-1-3 Repealed ARTICLE 1. GENERAL PROVISIONS (Repealed by Acts 1978, P.L.2, SEC.2570.)
IC 25-1-1-4 Repealed TITLE 25. PROFESSIONS AND (Repealed by Acts 1978, P.L.2, SEC.2570.) OCCUPATIONS INDIANA CODE § 25-1-1.1 IC 25-1 ARTICLE 1. GENERAL PROVISIONS IC 25-1-1.1 Chapter 1.1. Effect of Criminal Convictions on Licensed or Registered IC 25-1-1 Persons Chapter 1. Evidence of License Applicant's Payment of Personal Property Taxes IC 25-1-1.1-1 Denial, revocation, or Required suspension of license or certificate of registration; conviction of crime IC 25-1-1-1 Issuance of license; evidence of Sec. 1. Except as provided under sections 2 payment of personal property tax through 3 of this chapter, a license or certificate Sec. 1. It is unlawful for any board, officer, or of registration that an individual is required by person to issue any license, as defined in section law to hold to engage in a business, profession, 2 of this chapter, to any person who is a resident or occupation may not be denied, revoked, or of this state, unless the applicant, at the time he suspended because the applicant or holder has applies for such license, submits, in addition to been convicted of an offense. The acts from all other requirements prescribed by law, a which the applicant's or holder's conviction receipt or other evidence showing that he has resulted may, however, be considered as to paid all his personal property taxes in full. "Other whether the applicant or holder should be evidence" in the case of all licenses issued by entrusted to serve the public in a specific the bureau of motor vehicles means a statement capacity. signed by the treasurer of the county in which the (Formerly: Acts 1973, P.L.249, SEC.1.) As applicant is a resident that the applicant has paid amended by Acts 1978, P.L.2, SEC.2502; all personal taxes assessed against him, P.L.67-1990, SEC.6. including all delinquent personal property tax; or, if the applicant owns no personal property IC 25-1-1.1-2 Suspension or revocation of subject to taxation, a signed statement from the license or certificate; conviction for drug assessor of the county in which the applicant related offense resides certifying that he has made an affidavit to Sec. 2. A board, a commission, or a the effect that he owes no delinquent personal committee may suspend or revoke a license or property tax in any county in Indiana. certificate issued under this title by the board, the (Formerly: Acts 1931, c.124, s.1; Acts 1941, commission, or the committee if the individual c.61, s.1; Acts 1943, c.124, s.1; Acts 1953, who holds the license or certificate is convicted c.208, s.1.) As amended by Acts 1978, P.L.2, of any of the following: SEC.2501. (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6. IC 25-1-1-2 License defined (2) Possession of methamphetamine under Sec. 2. The term "license" as used in this IC 35-48-4-6.1. chapter shall be construed to mean and include (3) Possession of a controlled substance motor vehicle registration licenses, certificates of under IC 35-48-4-7(a). title showing the ownership of any motor vehicle, (4) Fraudulently obtaining a controlled except those classed as passenger vehicles. substance under IC 35-48-4-7(b). (Formerly: Acts 1931, c.124, s.2; Acts 1972, (5) Manufacture of paraphernalia as a Class P.L.183, SEC.1.) D felony under IC 35-48-4-8.1(b). (6) Dealing in paraphernalia as a Class D
19 felony under IC 35-48-4-8.5(b). (8) Dealing in a counterfeit substance under (7) Possession of paraphernalia as a Class IC 35-48-4-5. D felony under IC 35-48-4-8.3(b). (9) Dealing in marijuana, hash oil, or (8) Possession of marijuana, hash oil, or hashish under IC 35-48-4-10(b). hashish as a Class D felony under IC 35-48-4- (10) Conspiracy under IC 35-41-5-2 to 11. commit an offense listed in subdivisions (1) (9) Maintaining a common nuisance under through (9). IC 35-48-4-13. (11) Attempt under IC 35-41-5-1 to commit (10) An offense relating to registration, an offense listed in subdivisions (1) through (9). labeling, and prescription forms under IC 35-48- (12) An offense in any other jurisdiction in 4-14. which the elements of the offense for which the (11) Conspiracy under IC 35-41-5-2 to conviction was entered are substantially similar commit an offense listed in subdivisions (1) to the elements of an offense described under through (10). subdivisions (1) through (11). (12) Attempt under IC 35-41-5-1 to commit (13) A violation of any federal or state drug an offense listed in subdivisions (1) through (10). law or rule related to wholesale legend drug (13) An offense in any other jurisdiction in distributors licensed under IC 25-26-14. which the elements of the offense for which the As added by P.L.67-1990, SEC.8. Amended by conviction was entered are substantially similar P.L.182-1991, SEC.1; P.L.17-2001, SEC.6; to the elements of an offense described under P.L.1-2002, SEC.94; P.L.151-2006, SEC.11. subdivisions (1) through (12). As added by P.L.67-1990, SEC.7. Amended by P.L.1-1991, SEC.162; INDIANA CODE § 25-1-1.2 P.L.17-2001, SEC.5; P.L.151-2006, SEC.10. IC 25-1-1.2 IC 25-1-1.1-3 Suspension or revocation of license or Chapter 1.2. Effect of Delinquency in Child certificate; conviction for additional drug Support Payments on Licensed or Registered related offenses Persons Sec. 3. A board, a commission, or a committee shall revoke or suspend a license or IC 25-1-1.2-1 "Applicant" defined certificate issued under this title by the board, the Sec. 1. As used in this chapter, "applicant" commission, or the committee if the individual means a person who applies for: who holds the license or certificate is convicted (1) an unlimited license, certificate, of any of the following: registration, or permit; (1) Dealing in or manufacturing cocaine or a (2) a limited or probationary license, narcotic drug under IC 35-48-4-1. certificate, registration, or permit; (2) Dealing in methamphetamine under (3) a temporary license, certificate, IC 35-48-4-1.1. registration, or permit; or (3) Dealing in a schedule I, II, or III (4) an intern permit; controlled substance under IC 35-48-4-2. issued by a board regulating a profession or an (4) Dealing in a schedule IV controlled occupation. substance under IC 35-48-4-3. As added by P.L.133-1995, SEC.19. (5) Dealing in a schedule V controlled substance under IC 35-48-4-4. IC 25-1-1.2-2 "Board" defined (6) Dealing in a substance represented to Sec. 2. As used in this chapter, "board" be a controlled substance under IC 35-48-4-4.5. means an entity that regulates occupations or (7) Knowingly or intentionally professions under this title and the department of manufacturing, advertising, distributing, or education as established by IC 20-19-3-1. possessing with intent to manufacture, advertise, As added by P.L.133-1995, SEC.19. Amended or distribute a substance represented to be a by P.L.1-2005, SEC.191; P.L.246-2005, controlled substance under IC 35-48-4-4.6. SEC.210.
20 IC 25-1-1.2-3 "Bureau" defined subject of the order, stating the following: Sec. 3. As used in this chapter, "bureau" (1) That the practitioner's license has been means the child support bureau established by suspended, beginning five (5) business days IC 31-25-3-1. after the date the notice is mailed, and that the As added by P.L.133-1995, SEC.19. Amended suspension will terminate ten (10) business days by P.L.145-2006, SEC.157. after the board receives an order allowing reinstatement from the court that issued the IC 25-1-1.2-4 "Delinquent" defined suspension order. Sec. 4. As used in this chapter, "delinquent" (2) That the practitioner has the right to means at least: petition for reinstatement of the practitioner's (1) two thousand dollars ($2,000); or license to the court that issued the order for (2) three (3) months; suspension. past due on payment of court ordered child (c) The board may not reinstate a license support. suspended under this section until the board As added by P.L.133-1995, SEC.19. Amended receives an order allowing reinstatement from by P.L.23-1996, SEC.18. the court that issued the order for suspension. As added by P.L.133-1995, SEC.19. Amended IC 25-1-1.2-5 "License" defined by P.L.23-1996, SEC.19; P.L.1-1997, SEC.109. Sec. 5. As used in this chapter, "license" has the meaning set forth in IC 25-1-2-6. IC 25-1-1.2-8 Notice of delinquency; contents; As added by P.L.133-1995, SEC.19. delinquency finding; probationary status; suspension; reinstatement IC 25-1-1.2-6 "Practitioner" defined Sec. 8. (a) The board shall, upon receiving an Sec. 6. As used in this chapter, "practitioner" order from the bureau under IC 31-25-4-32(e), means a person that holds: send a notice to the practitioner identified by the (1) an unlimited license, certificate, bureau that includes the following: registration, or permit; (1) Specifies that the practitioner is (2) a limited or probationary license, delinquent and is subject to an order placing the certificate, registration, or permit; practitioner on probationary status. (3) a temporary license, certificate, (2) Describes the amount of child support registration, or permit; or that the practitioner is in arrears. (4) an intern permit; (3) Explains that unless the practitioner issued by a board regulating a profession or an contacts the bureau and: occupation. (A) pays the practitioner's child support As added by P.L.133-1995, SEC.19. arrearage in full; (B) establishes a payment plan with the IC 25-1-1.2-7 Order for suspension or denial bureau to pay the arrearage, which must include of license; notice to practitioner; contents; an income withholding order reinstatement under IC 31-16-15-2 or IC 31-16-15-2.5; or Sec. 7. (a) Upon receiving an order of a court (C) requests a hearing under IC 31-25-4- issued under IC 31-14-12-5 or IC 31-16-12-8 (or 33; IC 31-1-11.5-13(k) or IC 31-6-6.1-16(k) before within twenty (20) days after the date the their repeal), the board shall: notice is mailed, the board shall place the (1) suspend the license of the practitioner; practitioner on probationary status. or (4) Explains that the practitioner may (2) deny the application of the applicant; contest the bureau's determination that the who is the subject of the order. practitioner is delinquent and subject to an order (b) Upon receiving an order of a court issued placing the practitioner on probationary status by under IC 31-14-12-5 or IC 31-16-12-8 (or IC 31- making written application to the bureau within 1-11.5-13(k) or IC 31-6-6.1-16(k) before their twenty (20) days after the date the notice is repeal), the board shall promptly mail a notice to mailed. the last known address of the person who is the (5) Explains that the only basis for
21 contesting the bureau's determination that the (c) If the board is advised by the bureau that practitioner is delinquent and subject to an order the practitioner whose license has been placed placing the practitioner on probationary status is on probationary status has failed to: a mistake of fact. (1) pay the person's child support arrearage (6) Explains the procedures to: in full; or (A) pay the practitioner's child support (2) establish a payment plan with the arrearage in full; bureau to pay the arrearage, which includes an (B) establish a payment plan with the income withholding order under IC 31-16-15-2 or bureau to pay the arrearage, which must include IC 31-16-15-2.5; an income withholding order under IC 31-16-15-2 within twenty (20) days after the date the notice or IC 31-16-15-2.5; and is mailed, the board shall suspend the (C) request a hearing under IC 31-25-4- practitioner's license. 33. (d) The board may not reinstate a license or (7) Explains that the probation will terminate permit placed on probation or suspended under ten (10) business days after the board receives a this section until the board receives a notice from notice from the bureau that the practitioner has: the bureau that the person has: (A) paid the practitioner's child support (1) paid the person's child support arrearage in full; or arrearage in full; or (B) established a payment plan with the (2) established a payment plan with the bureau to pay the arrearage, which includes an bureau to pay the arrearage, which includes an income withholding order under IC 31-16-15-2 or income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5. IC 31-16-15-2.5. (b) If the board is advised by the bureau that As added by P.L.133-1995, SEC.19. Amended the practitioner either requested a hearing and by P.L.23-1996, SEC.20; P.L.1-1997, SEC.110; failed to appear or appeared and was found to P.L.145-2006, SEC.158; P.L.103-2007, SEC.7. be delinquent, the board shall promptly mail a IC 25-1-1.2-9 notice to the practitioner who is the subject of the Repealed order stating the following: (Repealed by P.L.23-1996, SEC.33.) (1) That the practitioner's license has been IC 25-1-1.2-10 placed on probationary status, beginning five (5) Repealed business days after the date the notice is mailed, (Repealed by P.L.23-1996, SEC.33.) and that the probation will terminate ten (10) business days after the board receives a notice from the bureau that the person has: INDIANA CODE § 25-1-2 (A) paid the person's child support arrearage in full; or IC 25-1-2 (B) established a payment plan with the Chapter 2. Renewal of Licenses Granted bureau to pay the arrearage, which includes an by State Agencies . Notice of Expiration income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5. IC 25-1-2-1 Declaration of intent (2) That if the board is advised by the Sec. 1. It is the declared intent of the general bureau that the practitioner whose license has assembly by the enactment of this law to require been placed on probationary status has failed to: those agencies which are authorized to issue the (A) pay the person's child support licenses designated in section 2.1 of this chapter, arrearage in full; or in the interests of efficiency and economy in the (B) establish a payment plan with the administration of government, to issue such bureau to pay the arrearage, which includes an designated permits, licenses, certificates of income withholding order under IC 31-16-15-2 or registration, and other evidences of compliance IC 31-16-15-2.5; with statute or regulation, and renewals thereof, within twenty (20) days after the date the for periods of two (2) years duration rather than notice is mailed, the board shall suspend the upon an annual basis, and at the time of practitioner's license. issuance or reissuance, or at the time designated
22 by law for the collection of fees therefor, to (25) Physician assistants. require the payment of such fees for a period of (26) Dietitians. two (2) years rather than for one (1) year. (27) Athlete agents. (Formerly: Acts 1961, c.79, s.1.) As amended by (28) Manufactured home installers. P.L.1-1990, SEC.246. (29) Home inspectors. (30) Massage therapists. IC 25-1-2-2 Repealed (31) Interior designers. (Repealed by P.L.1-1990, SEC.247.) (32) Genetic counselors. As added by P.L.1-1990, SEC.248. Amended by IC 25-1-2-2.1 Two year or longer period for P.L.186-1990, SEC.1; P.L.183-1991, SEC.1; certain licenses P.L.182-1991, SEC.2; P.L.25-1992, SEC.26; Sec. 2.1. Rather than being issued annually, P.L.227-1993, SEC.2; P.L.124-1994, SEC.1; the following permits, licenses, certificates of P.L.234-1995, SEC.1; P.L.175-1997, SEC.2; registration, or evidences of authority granted by P.L.147-1997, SEC.5; P.L.84-1998, SEC.1; a state agency must be issued for a period of two P.L.54-2001, SEC.3; P.L.162-2002, SEC.1; (2) years or for the period specified in the article P.L.145-2003, SEC.1; P.L.87-2005, SEC.31; under which the permit, license, certificate of P.L.200-2007, SEC.2; P.L.3-2008, SEC.175; registration, or evidence of authority is issued if P.L.177-2009, SEC.10; P.L.84-2010, SEC.6. the period specified in the article is longer than two (2) years: IC 25-1-2-3 Authorization to issue and reissue (1) Certified public accountants, public two year licenses accountants, and accounting practitioners. Sec. 3. Effective October 1, 1961, such (2) Architects and landscape architects. licensing agencies as are authorized to issue any (3) Dry cleaners. of the foregoing shall issue and reissue such (4) Professional engineers. licenses and collect the fees for the same on the (5) Land surveyors. basis of two (2) years and the dates by month (6) Real estate brokers. and day which govern the issuance or (7) Real estate agents. reissuance of licenses for one (1) year shall (8) Security dealers' licenses issued by the govern the issuance or reissuance of licenses for securities commissioner. two (2) years; provided, that entire fees for a two (9) Dental hygienists. (2) year period shall be payable before issuance (10) Dentists. thereof on the day and month designated for (11) Veterinarians. payment of fees for one (1) year licenses. (12) Physicians. (Formerly: Acts 1961, c.79, s.3.) As amended by (13) Chiropractors. Acts 1982, P.L.154, SEC.1. (14) Physical therapists. (15) Optometrists. IC 25-1-2-4 Rebates and proration of fees (16) Pharmacists and assistants, drugstores Sec. 4. Rebates and proration of fees for or pharmacies. fractions of a biennium shall be allowed only with (17) Motels and mobile home community respect to the second year of such license if licenses. claim be made therefor before the expiration of (18) Nurses. the first year for which the license was issued. (19) Podiatrists. (Formerly: Acts 1961, c.79, s.4.) (20) Occupational therapists and occupational therapy assistants. IC 25-1-2-5 Rules and regulations (21) Respiratory care practitioners. Sec. 5. Notice shall be given and forms (22) Social workers, marriage and family prepared by such licensing agencies as therapists, and mental health counselors. necessary to execute the provisions of this (23) Real estate appraiser licenses and chapter and in order to expedite and effectuate certificates issued by the real estate appraiser the conversion from one (1) year licensing licensure and certification board. periods to those of two (2) years, such licensing (24) Wholesale legend drug distributors. agencies may adopt and promulgate such rules
23 and regulations they may deem necessary in the professional engineers. manner prescribed by law. (21) Board of environmental health (Formerly: Acts 1961, c.79, s.5.) As amended by specialists. Acts 1982, P.L.154, SEC.2. (22) State psychology board. (23) Indiana real estate commission. IC 25-1-2-6 Version a (24) Speech-language pathology and Definitions; application of section; notice to audiology board. licensee of need to renew (25) Department of natural resources. Note: This version of section amended by (26) State athletic commission. P.L.1-2010, SEC.100, effective until 7-1-2010. (27) Board of chiropractic examiners. See also following version of this section (28) Mining board. amended by P.L.84-2010, SEC.7, effective 7-1- (29) Indiana board of veterinary medical 2010, and following version of this section examiners. amended by P.L.113-2010, SEC.100, effective 7- (30) State department of health. 1-2010. (31) Indiana physical therapy committee. Sec. 6. (a) As used in this section, "license" (32) Respiratory care committee. includes all occupational and professional (33) Occupational therapy committee. licenses, registrations, permits, and certificates (34) Behavioral health and human services issued under the Indiana Code, and "licensee" licensing board. includes all occupational and professional (35) Real estate appraiser licensure and licensees, registrants, permittees, and certificate certification board. holders regulated under the Indiana Code. (36) State board of registration for land (b) This section applies to the following entities surveyors. that regulate occupations or professions under (37) Physician assistant committee. the Indiana Code: (38) Indiana dietitians certification board. (1) Indiana board of accountancy. (39) Indiana hypnotist committee. (2) Indiana grain buyers and warehouse (40) Attorney general (only for the licensing agency. regulation of athlete agents). (3) Indiana auctioneer commission. (41) Manufactured home installer licensing (4) Board of registration for architects and board. landscape architects. (42) Home inspectors licensing board. (5) State board of barber examiners. (43) State board of massage therapy. (6) State board of cosmetology examiners. (44) Any other occupational or professional (7) Medical licensing board of Indiana. agency created after June 30, 1981. (8) Secretary of state. (c) Notwithstanding any other law, the entities (9) State board of dentistry. included in subsection (b) shall send a notice of (10) State board of funeral and cemetery the upcoming expiration of a license to each service. licensee at least sixty (60) days prior to the (11) Worker's compensation board of expiration of the license. The notice must inform Indiana. the licensee of the need to renew and the (12) Indiana state board of health facility requirement of payment of the renewal fee. If this administrators. notice of expiration is not sent by the entity, the (13) Committee of hearing aid dealer licensee is not subject to a sanction for failure to examiners. renew if, once notice is received from the entity, (14) Indiana state board of nursing. the license is renewed within forty-five (45) days (15) Indiana optometry board. of the receipt of the notice. (16) Indiana board of pharmacy. As added by Acts 1981, P.L.221, SEC.1. (17) Indiana plumbing commission. Amended by P.L.137-1985, SEC.5; P.L.246- (18) Board of podiatric medicine. 1985, SEC.13; P.L.169-1985, SEC.22; P.L.149- (19) Private investigator and security guard 1987, SEC.17; P.L.5-1988, SEC.132; P.L.28- licensing board. 1988, SEC.73; P.L.242-1989, SEC.4; P.L.234- (20) State board of registration for 1989, SEC.1; P.L.238-1989, SEC.4; P.L.186-
24 1990, SEC.2; P.L.183-1991, SEC.2; P.L.23- (14) Indiana optometry board. 1991, SEC.7; P.L.48-1991, SEC.12; P.L.2-1992, (15) Indiana board of pharmacy. SEC.765; P.L.227-1993, SEC.3; P.L.33-1993, (16) Indiana plumbing commission. SEC.9; P.L.124-1994, SEC.2; P.L.175-1997, (17) Board of podiatric medicine. SEC.3; P.L.125-1997, SEC.17; P.L.147-1997, (18) Private investigator and security guard SEC.6; P.L.253-1997(ss), SEC.22; P.L.24-1999, licensing board. SEC.2; P.L.82-2000, SEC.2; P.L.54-2001, (19) State board of registration for SEC.4; P.L.162-2002, SEC.2; P.L.145-2003, professional engineers. SEC.2; P.L.185-2007, SEC.1; P.L.200-2007, (20) State psychology board. SEC.3; P.L.3-2008, SEC.176; P.L.122-2009, (21) Indiana real estate commission. SEC.1; P.L.160-2009, SEC.4; P.L.1-2010, (22) Speech-language pathology and SEC.100. audiology board. (23) Department of natural resources. IC 25-1-2-6 Version b (24) State athletic commission. Definitions; application of section; notice to (25) Board of chiropractic examiners. licensee of need to renew (26) Mining board. Note: This version of section amended by (27) Indiana board of veterinary medical P.L.84-2010, SEC.7, effective 7-1-2010. See examiners. also preceding version of this section amended (28) State department of health. by P.L.1-2010, SEC.100, effective until 7-1-2010, (29) Indiana physical therapy committee. and following version of this section amended by (30) Respiratory care committee. P.L.113-2010, SEC.100, effective 7-1-2010. (31) Occupational therapy committee. Sec. 6. (a) As used in this section, "license" (32) Behavioral health and human services includes all occupational and professional licensing board. licenses, registrations, permits, and certificates (33) Real estate appraiser licensure and issued under the Indiana Code, and "licensee" certification board. includes all occupational and professional (34) State board of registration for land licensees, registrants, permittees, and certificate surveyors. holders regulated under the Indiana Code. (35) Physician assistant committee. (b) This section applies to the following entities (36) Indiana dietitians certification board. that regulate occupations or professions under (37) Attorney general (only for the the Indiana Code: regulation of athlete agents). (1) Indiana board of accountancy. (38) Manufactured home installer licensing (2) Indiana grain buyers and warehouse board. licensing agency. (39) Home inspectors licensing board. (3) Indiana auctioneer commission. (40) State board of massage therapy. (4) Board of registration for architects and (41) Any other occupational or professional landscape architects. agency created after June 30, 1981. (5) State board of cosmetology and barber (c) Notwithstanding any other law, the entities examiners. included in (6) Medical licensing board of Indiana. subsection (b) shall send a notice of the (7) Secretary of state. upcoming expiration of a license to each licensee (8) State board of dentistry. at least sixty (60) days prior to the expiration of (9) State board of funeral and cemetery the license. The notice must inform the licensee service. of the need to renew and the requirement of (10) Worker's compensation board of payment of the renewal fee. If this notice of Indiana. expiration is not sent by the entity, the licensee is (11) Indiana state board of health facility not subject to a sanction for failure to renew if, administrators. once notice is received from the entity, the (12) Committee of hearing aid dealer license is renewed within forty-five (45) days of examiners. the receipt of the notice. (13) Indiana state board of nursing. As added by Acts 1981, P.L.221, SEC.1.
25 Amended by P.L.137-1985, SEC.5; P.L.246- (12) Indiana state board of health facility 1985, SEC.13; P.L.169-1985, SEC.22; P.L.149- administrators. 1987, SEC.17; P.L.5-1988, SEC.132; P.L.28- (13) Committee of hearing aid dealer 1988, SEC.73; P.L.242-1989, SEC.4; P.L.234- examiners. 1989, SEC.1; P.L.238-1989, SEC.4; P.L.186- (14) Indiana state board of nursing. 1990, SEC.2; P.L.183-1991, SEC.2; P.L.23- (15) Indiana optometry board. 1991, SEC.7; P.L.48-1991, SEC.12; P.L.2-1992, (16) Indiana board of pharmacy. SEC.765; P.L.227-1993, SEC.3; P.L.33-1993, (17) Indiana plumbing commission. SEC.9; P.L.124-1994, SEC.2; P.L.175-1997, (18) Board of podiatric medicine. SEC.3; P.L.125-1997, SEC.17; P.L.147-1997, (19) Private investigator and security guard SEC.6; P.L.253-1997(ss), SEC.22; P.L.24-1999, licensing board. SEC.2; P.L.82-2000, SEC.2; P.L.54-2001, (20) State board of registration for SEC.4; P.L.162-2002, SEC.2; P.L.145-2003, professional engineers. SEC.2; P.L.185-2007, SEC.1; P.L.200-2007, (21) Board of environmental health SEC.3; P.L.3-2008, SEC.176; P.L.122-2009, specialists. SEC.1; P.L.160-2009, SEC.4; P.L.1-2010, (22) State psychology board. SEC.100; P.L.84-2010, SEC.7. (23) Indiana real estate commission. (24) Speech-language pathology and IC 25-1-2-6 Version c audiology board. Definitions; application of section; notice to (25) Department of natural resources. licensee of need to renew (26) Board of chiropractic examiners. Note: This version of section amended by (27) Mining board. P.L.113-2010, SEC.100, effective 7-1-2010. See (28) Indiana board of veterinary medical also preceding version of this section amended examiners. by P.L.1-2010, SEC.100, effective until 7-1-2010, (29) State department of health. and preceding version of this section amended (30) Indiana physical therapy committee. by P.L.84-2010, SEC.7, effective 7-1-2010. (31) Respiratory care committee. Sec. 6. (a) As used in this section, "license" (32) Occupational therapy committee. includes all occupational and professional (33) Behavioral health and human services licenses, registrations, permits, and certificates licensing board. issued under the Indiana Code, and "licensee" (34) Real estate appraiser licensure and includes all occupational and professional certification board. licensees, registrants, permittees, and certificate (35) State board of registration for land holders regulated under the Indiana Code. surveyors. (b) This section applies to the following entities (36) Physician assistant committee. that regulate occupations or professions under (37) Indiana dietitians certification board. the Indiana Code: (38) Indiana hypnotist committee. (1) Indiana board of accountancy. (39) Attorney general (only for the (2) Indiana grain buyers and warehouse regulation of athlete agents). licensing agency. (40) Manufactured home installer licensing (3) Indiana auctioneer commission. board. (4) Board of registration for architects and (41) Home inspectors licensing board. landscape architects. (42) State board of massage therapy. (5) State board of barber examiners. (43) Any other occupational or professional (6) State board of cosmetology examiners. agency created after June 30, 1981. (7) Medical licensing board of Indiana. (c) Notwithstanding any other law, the entities (8) Secretary of state. included in subsection (b) shall send a notice of (9) State board of dentistry. the upcoming expiration of a license to each (10) State board of funeral and cemetery licensee at least sixty (60) days prior to the service. expiration of the license. The notice must inform (11) Worker's compensation board of the licensee of the need to renew and the Indiana. requirement of payment of the renewal fee. If this
26 notice of expiration is not sent by the entity, the IC 25-1-3-1 Definitions licensee is not subject to a sanction for failure to Sec. 1. (a) As used in this chapter, the term renew if, once notice is received from the entity, "regulatory board" means any state board, the license is renewed within forty-five (45) days commission, or state agency which licenses of the receipt of the notice. persons in order to regulate the practice of a As added by Acts 1981, P.L.221, SEC.1. particular profession or professions. Amended by P.L.137-1985, SEC.5; P.L.246- (b) As used in this chapter, the term "board 1985, SEC.13; P.L.169-1985, SEC.22; P.L.149- members" means members of a regulatory 1987, SEC.17; P.L.5-1988, SEC.132; P.L.28- board. 1988, SEC.73; P.L.242-1989, SEC.4; P.L.234- (c) As used in this chapter, the term 1989, SEC.1; P.L.238-1989, SEC.4; P.L.186- "secretary" means the executive secretary or 1990, SEC.2; P.L.183-1991, SEC.2; P.L.23- other person charged with the administration of 1991, SEC.7; P.L.48-1991, SEC.12; P.L.2-1992, the affairs of a regulatory board. SEC.765; P.L.227-1993, SEC.3; P.L.33-1993, (Formerly: Acts 1975, P.L.268, SEC.1.) SEC.9; P.L.124-1994, SEC.2; P.L.175-1997, IC 25-1-3-2 SEC.3; P.L.125-1997, SEC.17; P.L.147-1997, Extent of immunity from civil liability SEC.6; P.L.253-1997(ss), SEC.22; P.L.24-1999, Sec. 2. The board members, the secretary, SEC.2; P.L.82-2000, SEC.2; P.L.54-2001, his staff, counsel, investigators and hearing SEC.4; P.L.162-2002, SEC.2; P.L.145-2003, officer of every regulatory board, except as SEC.2; P.L.185-2007, provided in section 4 of this chapter, shall be SEC.1; P.L.200-2007, SEC.3; P.L.3-2008, immune from civil liability for damages for SEC.176; P.L.122-2009, SEC.1; P.L.160-2009, conduct within the scope and arising out of the SEC.4; P.L.1-2010, SEC.100; P.L.113-2010, performance of their duties. This section shall not SEC.100. be construed to include civil actions for damages not directly related to the investigative process IC 25-1-2-7Application of IC 25-1-2-6 and shall apply only to the process for the finding Sec. 7. Section 6 of this chapter applies to the of fact of the regulatory board. mining board (IC 22-10-1.5-2). (Formerly: Acts 1975, P.L.268, SEC.1.) As added by P.L.37-1985, SEC.56. IC 25-1-3-3 Immunity from civil liability; statements in course IC 25-1-2-8 Application of chapter; fees of investigatory hearing or review proceedings Sec. 8. This chapter applies to the imposition Sec. 3. Any person shall be immune from civil and collection of fees under the following: liability for damages for any sworn or written IC 14-24-10 statements, made without malice, and IC 16-19-5-2 transmitted to the regulatory board, executive IC 25-30-1-17 secretary, or his staff, or made in the course of IC 33-42-2-1. investigatory, hearing or review proceedings. As added by P.L.5-1988, SEC.133. Amended by (Formerly: Acts 1975, P.L.268, SEC.1.) P.L.2-1993, SEC.135; P.L.1-1995, SEC.69; IC 25-1-3-4 P.L.98-2004, SEC.98. Regulatory boards covered IC 25-1-2-9 Sec. 4. The provisions of this chapter extend Repealed to every regulatory board of the state except the (Repealed by P.L.194-2005, SEC.87.) disciplinary commission of the supreme court of Indiana which is protected under IC 1971, 33-2- 3-1. INDIANA CODE § 25-1-3 (Formerly: Acts 1975, P.L.268, SEC.1.)
IC 25-1-3 Chapter 3. Civil Immunity of Regulatory INDIANA CODE § 25-1-4 Agencies IC 25-1-4 Chapter 4. Continuing Education
27 (7) State board of cosmetology examiners IC 25-1-4-0.2 "Approved organization" (IC 25-8-3-1). defined (8) State board of dentistry (IC 25-14-1). Sec. 0.2. As used in this chapter, "approved (9) Indiana dietitians certification board (IC organization" refers to the following: 25-14.5-2-1). (1) United States Department of Education. (10) State board of registration for (2) Council on Post-Secondary Education. professional engineers (IC 25-31-1-3). (3) Joint Commission on Accreditation of (11) Board of environmental health Hospitals. specialists (IC 25-32-1). (4) Joint Commission on Healthcare (12) State board of funeral and cemetery Organizations. service (IC 25-15-9). (5) Federal, state, and local government (13) Indiana state board of health facility agencies. administrators (IC (6) A college or other teaching institution 25-19-1). accredited by the United States Department of (14) Committee of hearing aid dealer Education or the Council on Post-Secondary examiners (IC 25-20-1-1.5). Education. (15) Home inspectors licensing board (IC (7) A national organization of practitioners 25-20.2-3-1). whose members practicing in Indiana are subject (16) Indiana hypnotist committee (IC 25- to regulation by a board or agency regulating a 20.5-1-7). profession or occupation under this title. (17) State board of registration for land (8) A national, state, district, or local surveyors (IC 25-21.5-2-1). organization that operates as an affiliated entity (18) Manufactured home installer licensing under the approval of an organization listed in board (IC 25-23.7). subdivisions (1) through (7). (19) Medical licensing board of Indiana (IC (9) An internship or a residency program 25-22.5-2). conducted in a hospital that has been approved (20) Indiana state board of nursing (IC 25- by an organization listed in subdivisions (1) 23-1). through (7). (21) Occupational therapy committee (IC (10) Any other organization or individual 25-23.5). approved by the board. (22) Indiana optometry board (IC 25-24). As added by P.L.157-2006, SEC.10. Amended (23) Indiana board of pharmacy (IC 25-26). by P.L.2-2008, SEC.51. (24) Indiana physical therapy committee (IC 25-27-1). IC 25-1-4-0.3 Version a "Board" defined (25) Physician assistant committee (IC 25- Note: This version of section effective until 7- 27.5). 1-2010. See also following version of this (26) Indiana plumbing commission (IC 25- section, effective 7-1-2010. 28.5-1-3). Sec. 0.3. As used in this chapter, "board" (27) Board of podiatric medicine (IC 25-29- means any of the following: 2-1). (1) Indiana board of accountancy (IC 25- (28) Private investigator and security guard 2.1-2-1). licensing board (IC 25-30-1-5.2). (2) Board of registration for architects and (29) State psychology board (IC 25-33). landscape architects (IC 25-4-1-2). (30) Indiana real estate commission (IC 25- (3) Indiana athletic trainers board (IC 25- 34.1-2). 5.1-2-1). (31) Real estate appraiser licensure and (4) Indiana auctioneer commission (IC 25- certification board (IC 25-34.1-8). 6.1-2-1). (32) Respiratory care committee (IC 25- (5) State board of barber examiners (IC 25- 34.5). 7-5-1). (33) Behavioral health and human services (6) Board of chiropractic examiners (IC 25- licensing board (IC 25-23.6). 10-1). (34) Speech-language pathology and
28 audiology board (IC 25-35.6-2). 25-27-1). (35) Indiana board of veterinary medical (22) Physician assistant committee (IC 25- examiners (IC 25-38.1-2). 27.5). As added by P.L.269-2001, SEC.2. Amended by (23) Indiana plumbing commission (IC 25- P.L.157-2006, SEC.11; P.L.185-2007, SEC.2; 28.5-1-3). P.L.2-2008, SEC.52; P.L.122-2009, SEC.2; (24) Board of podiatric medicine (IC 25-29- P.L.160-2009, SEC.5; P.L.1-2010, SEC.101. 2-1). (25) Private investigator and security guard IC 25-1-4-0.3 Version b "Board" defined licensing board (IC 25-30-1-5.2). Note: This version of section effective 7-1- (26) State psychology board (IC 25-33). 2010. See also preceding version of this section, (27) Indiana real estate commission (IC 25- effective until 7-1-2010. 34.1-2). Sec. 0.3. As used in this chapter, "board" (28) Real estate appraiser licensure and means any of the following: certification board (IC 25-34.1-8). (1) Indiana board of accountancy (IC 25- (29) Respiratory care committee (IC 25- 2.1-2-1). 34.5). (2) Board of registration for architects and (30) Behavioral health and human services landscape architects (IC 25-4-1-2). licensing board (IC 25-23.6). (3) Indiana athletic trainers board (IC 25- (31) Speech-language pathology and 5.1-2-1). audiology board (IC 25-35.6-2). (4) Indiana auctioneer commission (IC 25- (32) Indiana board of veterinary medical 6.1-2-1). examiners (IC 25-38.1-2). (5) Board of chiropractic examiners (IC 25- As added by P.L.269-2001, SEC.2. Amended by 10-1). P.L.157-2006, SEC.11; P.L.185-2007, SEC.2; (6) State board of cosmetology and barber P.L.2-2008, SEC.52; P.L.122-2009, SEC.2; examiners (IC 25-8-3-1). P.L.160-2009, SEC.5; P.L.1-2010, SEC.101; (7) State board of dentistry (IC 25-14-1). P.L.84-2010, SEC.8. (8) Indiana dietitians certification board (IC 25-14.5-2-1). IC 25-1-4-0.5 "Continuing education" defined (9) State board of registration for Sec. 0.5. As used in this chapter, "continuing professional engineers (IC 25-31-1-3). education" means an orderly process of (10) State board of funeral and cemetery instruction: service (IC 25-15-9). (1) that is approved by: (11) Indiana state board of health facility (A) an approved organization or the administrators (IC 25-19-1). board for a profession or occupation other than a (12) Committee of hearing aid dealer real estate appraiser; or examiners (IC 25-20-1-1.5). (B) for a real estate appraiser: (13) Home inspectors licensing board (IC (i) the Appraiser Qualifications Board, 25-20.2-3-1). under the regulatory oversight of the Appraisal (14) State board of registration for land Subcommittee established under Title XI of the surveyors (IC 25-21.5-2-1). Financial Institutions Reform, Recovery and (15) Manufactured home installer licensing Enforcement Act of 1989; or board (IC 25-23.7). (ii) the real estate appraiser licensure (16) Medical licensing board of Indiana (IC and certification board established under IC 25- 25-22.5-2). 34.1-8 for specific courses and course subjects, (17) Indiana state board of nursing (IC 25- as determined by the real estate appraiser 23-1). licensure and certification board; and (18) Occupational therapy committee (IC (2) that is designed to directly enhance the 25-23.5). practitioner's knowledge and skill in providing (19) Indiana optometry board (IC 25-24). services relevant to the practitioner's profession (20) Indiana board of pharmacy (IC 25-26). or occupation. (21) Indiana physical therapy committee (IC The term includes an activity that is approved by
29 the board for a profession or occupation, other (d) If a notice is served through the United than a real estate appraiser, and that augments States mail, three (3) the practitioner's knowledge and skill in providing days must be added to a period that begins upon services relevant to the practitioner's profession service of that notice. or occupation. As added by P.L.177-2009, SEC.12. As added by P.L.157-2006, SEC.12. Amended by P.L.57-2007, SEC.1; P.L.177-2009, SEC.11. IC 25-1-4-1 Requirement Sec. 1. No board or agency regulating a IC 25-1-4-0.6 "Practitioner" defined profession or occupation under this title or under Sec. 0.6. As used in section 3 of this chapter, IC 16 or IC 22 may require continuing education "practitioner" means an individual who holds: as a condition of certification, registration, or (1) an unlimited license, certificate, or licensure unless so specifically authorized or registration; mandated by statute. (2) a limited or probationary license, As added by Acts 1981, P.L.222, SEC.1. certificate, or registration; Amended by P.L.2-2008, SEC.53. (3) a temporary license, certificate, registration, or permit; IC 25-1-4-2 Promotion (4) an intern permit; or Sec. 2. A board or agency regulating a (5) a provisional license; profession or occupation under this title or under issued by the board regulating the profession in IC 16 or IC 22 may cooperate with members of question. the profession or occupation it regulates to As added by P.L.269-2001, SEC.3. promote continuing education within the profession or occupation. IC 25-1-4-0.7 Computation of designated time As added by Acts 1981, P.L.222, SEC.1. periods Amended by P.L.2-2008, SEC.54. Sec. 0.7. (a) In computing any period under IC 25-1-4-3 this chapter, the day of the act, event, or default Sworn statements of compliance; retention of from which the designated period of time begins copies of certificates of completion; audits to run is not included. The last day of the Sec. 3. (a) Notwithstanding any other law, a computed period is to be included unless it is: board that is specifically authorized or mandated (1) a Saturday; to require continuing education as a condition to (2) a Sunday; renew a registration, certification, or license must (3) a legal holiday under a state statute; or require a practitioner to comply with the following (4) a day that the office in which the act is to renewal requirements: be done is closed during regular business hours. (1) The practitioner shall provide the board (b) A period runs until the end of the next day with a sworn statement executed by the after a day described in subsection (a)(1) practitioner that the practitioner has fulfilled the through (a)(4). If the period allowed is less than continuing education requirements required by seven (7) days, intermediate Saturdays, the board. Sundays, state holidays, and days on which the (2) The practitioner shall retain copies of office in which the act is to be done is closed certificates of completion for continuing during regular business hours are excluded from education courses for three (3) years from the the calculation. end of the licensing period for which the (c) A period under this chapter that begins continuing education applied. The practitioner when a person is served with a paper begins shall provide the board with copies of the with respect to a particular person on the earlier certificates of completion upon the board's of the date that: request for a compliance audit. (1) the person is personally served with the (b) Following every license renewal period, the notice; or board shall randomly audit for compliance more (2) a notice for the person is deposited in than one percent (1%) but less than ten percent the United States mail. (10%) of the practitioners required to take continuing education courses.
30 As added by P.L.269-2001, SEC.4. Amended by (b) Upon service of a notice of noncompliance P.L.157-2006, SEC.13. under subsection (a), a practitioner shall do either of the following: IC 25-1-4-3.2 Distance learning methods (1) If the practitioner believes that the Sec. 3.2. A board or agency regulating a practitioner has complied with this chapter or profession or occupation IC 25-1-8-6, if applicable, within twenty-one (21) under this title or under IC 16 or IC 22 shall days of service of the notice, send written notice require that at least one-half (1/2) of all to the board requesting a review so that the continuing education requirements must be practitioner may submit proof of compliance. allowed by distance learning methods, except for (2) If the practitioner does not disagree with doctors, nurses, chiropractors, optometrists and the board's determination of noncompliance, do dentists. the following: As added by P.L.227-2001, SEC.1. Amended by (A) Except as provided in subsection (d), P.L.2-2008, SEC.55. pay to the board a civil penalty not to exceed one thousand dollars ($1,000) within twenty-one (21) IC 25-1-4-4 Hardship waiver days of service of the notice. Sec. 4. A board, a commission, a committee, (B) Acquire, within six (6) months after or an agency regulating a profession or an service of the notice, the number of credit hours occupation under this title or under IC 16 or needed to achieve full compliance. IC 22 may grant an applicant a waiver from all or (C) Comply with all other provisions of part of the continuing education requirement for this chapter. a renewal period if the applicant was not able to (c) If a practitioner fails to comply with fulfill the requirement due to a hardship that subsection (b), the board shall immediately resulted from any of the following: suspend or refuse to reinstate the license of the (1) Service in the armed forces of the practitioner and send notice of the suspension or United States during a substantial part of the refusal to the practitioner by certified mail. renewal period. (d) If the board determines that a practitioner (2) An incapacitating illness or injury. has knowingly or intentionally made a false or (3) Other circumstances determined by the misleading statement to the board concerning board or agency. compliance with the continuing education As added by P.L.88-2004, SEC.1. Amended by requirements, in addition to the requirements P.L.2-2008, SEC.56. under this section the board may impose a civil penalty of not more than five thousand dollars IC 25-1-4-5 Failure to comply; license ($5,000) under subsection (b)(2)(A). suspension or refusal to reinstate; penalties; (e) The board shall: reinstatement requirements (1) reinstate a practitioner's license; or Sec. 5. (a) Notwithstanding any other law, if (2) renew the practitioner's license in place the board determines that a practitioner has not of the conditional license issued under complied with this chapter or IC 25-1-8-6 at the subsection (a)(3); time that the practitioner applies for license if the practitioner supplies proof of compliance renewal or reinstatement or after an audit with this chapter under subsection (b)(1) or conducted under section 3 of this chapter, the IC 25-1-8-6, if applicable. board shall do the following: As added by P.L.157-2006, SEC.14. Amended (1) Send the practitioner notice of by P.L.197-2007, SEC.17; P.L.177-2009, noncompliance by certified mail to the SEC.13. practitioner's last known address. (2) As a condition of license renewal or IC 25-1-4-6 Failure to comply; denial of reinstatement, require the practitioner to comply license renewal or reinstatement; penalties with subsection (b). Sec. 6. (a) Notwithstanding any other law, if at (3) For license renewal, issue a conditional the time a practitioner applies for license renewal license to the practitioner that is effective until or reinstatement or after an audit conducted the practitioner complies with subsection (b). under section 3 of this chapter, the board
31 determines that the practitioner has failed to As added by Acts 1981, P.L.222, SEC.2. comply with this chapter or IC 25-1-8-6, if Amended by P.L.169-1985, SEC.23; P.L.206- applicable, and the practitioner has previously 2005, SEC.1. received a notice of noncompliance under section 5(a) of this chapter during the preceding IC 25-1-5-2 Definitions license period, the board shall do the following: Sec. 2. As used in this chapter: (1) Provide the practitioner notice of (1) "Agency" means the Indiana noncompliance by certified mail. professional licensing agency established by (2) Deny the practitioner's application for section 3 of this chapter. license renewal or reinstatement. (2) "Board" means any agency, board, (b) The board shall reinstate a license not advisory committee, or group included in section renewed under subsection (a) upon occurrence 3 of this chapter. of the following: As added by Acts 1981, P.L.222, SEC.2. (1) Payment by a practitioner to the board of Amended by P.L.206-2005, SEC.2. a civil penalty determined by the board, but not to exceed one thousand dollars ($1,000). IC 25-1-5-3 Indiana professional licensing (2) Acquisition by the practitioner of the agency; functions; duties and responsibilities number of credit hours required to be obtained Sec. 3. (a) There is established the Indiana by the practitioner during the relevant license professional licensing agency. The agency shall period. perform all administrative functions, duties, and (3) The practitioner otherwise complies with responsibilities assigned by law or rule to the this chapter. executive director, secretary, or other statutory As added by P.L.157-2006, SEC.15. Amended administrator of the following: by P.L.197-2007, SEC.18. (1) Board of chiropractic examiners (IC 25- 10-1). IC 25-1-4-7 Credit hours (2) State board of dentistry (IC 25-14-1). Sec. 7. Credit hours acquired by a practitioner (3) Indiana state board of health facility under section 5(b)(2) or 6(b)(2) of this chapter administrators (IC 25-19-1). may not apply to the practitioner's (4) Medical licensing board of Indiana (IC credit hour requirement for the license period in 25-22.5-2). which the credit hours are acquired. (5) Indiana state board of nursing (IC 25-23- As added by P.L.157-2006, SEC.16. 1). (6) Indiana optometry board (IC 25-24). IC 25-1-4-8 Rules (7) Indiana board of pharmacy (IC 25-26). Sec. 8. The board may adopt rules under (8) Board of podiatric medicine (IC 25-29-2- IC 4-22-2 to implement this chapter. 1). As added by P.L.157-2006, SEC.17. (9) Speech-language pathology and audiology board (IC 25-35.6-2). Chapter 5. Professional Licensing Agency (10) State psychology board (IC 25-33). (11) Indiana board of veterinary medical IC 25-1-5 examiners (IC 25-38.1-2). Chapter 5. Professional Licensing Agency (12) Committee of hearing aid dealer IC 25-1-5-1 Centralization of staff, functions, examiners (IC 25-20). and services; purpose (13) Indiana physical therapy committee (IC Sec. 1. The centralization of staff, functions, 25-27). and services contemplated by this chapter shall (14) Respiratory care committee (IC 25- be done in such a way as to enhance the Indiana 34.5). professional licensing agency's ability to: (15) Occupational therapy committee (IC (1) make maximum use of data processing 25-23.5). as a means of more efficient operation; and (16) Behavioral health and human services (2) provide more services and carry out licensing board (IC 25-23.6). functions of superior quality. (17) Physician assistant committee (IC 25-
32 27.5). 1-5.5. (18) Indiana athletic trainers board (IC 25- (c) In administering the renewal of licenses or 5.1-2-1). certificates under this chapter, the agency shall (19) Indiana dietitians certification board (IC send a notice of the upcoming expiration of a 25-14.5-2-1). license or certificate to each holder of a license (b) Nothing in this chapter may be construed or certificate at least sixty (60) days before the to give the agency policy making authority, which expiration of the license or certificate. The notice authority remains with each board. must inform the holder of the license or As added by Acts 1981, P.L.222, SEC.2. certificate of the need to renew and the Amended by Acts 1982, P.L.113, SEC.8; requirement of payment of the renewal fee. If this P.L.137-1985, SEC.6; P.L.169-1985, SEC.24; notice of expiration is not sent by the agency, the P.L.149-1987, SEC.18; P.L.242-1989, SEC.5; holder of the license or certificate is not subject P.L.238-1989, SEC.5; P.L.186-1990, SEC.3; to a sanction for failure to renew if, once notice is P.L.48-1991, SEC.13; P.L.227-1993, SEC.4; received from the agency, the license or P.L.213-1993, SEC.1; P.L.33-1993, SEC.10; certificate is renewed within forty-five (45) days P.L.124-1994, SEC.3; P.L.175-1997, SEC.4; after receipt of the notice. P.L.147-1997, SEC.7; P.L.84-1998, SEC.2; (d) In administering an examination for P.L.24-1999, SEC.3; P.L.206-2005, SEC.3; licensure or certification, P.L.2-2008, SEC.57; P.L.122-2009, SEC.3; the agency shall make the appropriate P.L.84-2010, SEC.9. application forms available at least thirty (30) days before the deadline for submitting an IC 25-1-5-4 Additional duties and functions; application to all persons wishing to take the staff examination. Sec. 4. (a) The agency shall employ (e) The agency may require an applicant for necessary staff, including specialists and license renewal to submit evidence proving that: professionals, to carry out the administrative (1) the applicant continues to meet the duties and functions of the boards, including but minimum requirements for licensure; and not limited to: (2) the applicant is not in violation of: (1) notice of board meetings and other (A) the statute regulating the applicant's communication services; profession; or (2) recordkeeping of board meetings, (B) rules adopted by the board regulating proceedings, and actions; the applicant's profession. (3) recordkeeping of all persons licensed, (f) The agency shall process an application for regulated, or certified by a board; renewal of a license or certificate: (4) administration of examinations; and (1) not later than ten (10) days after the (5) administration of license or certificate agency receives all required forms and evidence; issuance or renewal. or (b) In addition, the agency: (2) within twenty-four (24) hours after the (1) shall prepare a consolidated statement time that an applicant for renewal appears in of the budget requests of all the boards in person at the agency with all required forms and section 3 of this chapter; evidence. (2) may coordinate licensing or certification This subsection does not require the agency to renewal cycles, examination schedules, or other issue a renewal license or certificate to an routine activities to efficiently utilize agency staff, applicant if subsection (g) applies. facilities, and transportation resources, and to (g) The agency may delay issuing a license improve accessibility of board functions to the renewal for up to ninety (90) days after the public; renewal date for the purpose of permitting the (3) may consolidate, where feasible, office board to investigate information received by the space, recordkeeping, and data processing agency that the applicant for renewal may have services; and committed an act for which the applicant may be (4) shall operate and maintain the electronic disciplined. If the agency delays issuing a license registry of professions established under IC 25- renewal, the agency shall notify the applicant
33 that the applicant is being investigated. Except shall be automatically renewed at the end of the as provided in subsection (h), before the end of ninety (90) day period. the ninety (90) day period, the board shall do one (k) Notwithstanding any other statute, the (1) of the following: agency may stagger license or certificate (1) Deny the license renewal following a renewal cycles. However, if a renewal cycle for a personal appearance by the applicant before the specific board or committee is changed, the board. agency must obtain the approval of the affected (2) Issue the license renewal upon board or committee. satisfaction of all other conditions for renewal. (l) An application for a license, certificate, (3) Issue the license renewal and file a registration, or permit is abandoned without an complaint under IC 25-1-7. action of the board, if the applicant does not (4) Request the office of the attorney complete the requirements to complete the general to conduct an investigation under application within one (1) year after the date on subsection (i) if, following a personal appearance which the application was filed. However, the by the applicant before the board, the board has board may, for good cause shown, extend the good cause to believe that there has been a validity of the application for additional thirty (30) violation of IC 25-1-9-4 by the applicant. day periods. An application submitted after the (5) Upon agreement of the applicant and abandonment of an application is considered a the board and following a personal appearance new application. by the applicant before the board, renew the As added by Acts 1981, P.L.222, SEC.2. license and place the applicant on probation Amended by P.L.169-1985, SEC.25; P.L.149- status under IC 25-1-9-9. 1987, SEC.19; P.L.22-1999, SEC.1; P.L.44- (h) If an individual fails to appear before the 2000, SEC.1; P.L.75-2002, SEC.1; P.L.206- board under subsection (g), the board may take 2005, SEC.4; P.L.177-2009, SEC.14. action on the applicant's license allowed under subsection (g)(1), (g)(2), or (g)(3). IC 25-1-5-5 Executive director (i) If the board makes a request under Sec. 5. (a) The agency shall be administered subsection (g)(4), the office of the attorney by an executive director appointed by the general shall conduct an investigation. Upon governor who shall serve at the will and pleasure completion of the investigation, the office of the of the governor. attorney general (b) The executive director must be qualified by may file a petition alleging that the applicant has experience and training. engaged in activity described in IC 25-1-9-4. If (c) The term "executive director" or the office of the attorney general files a petition, "secretary", or any other statutory term for the the board shall set the matter for a hearing. If, administrative officer of a board listed in section after the hearing, the board finds the practitioner 3 of this chapter, means the executive director of violated IC 25-1-9-4, the board may impose the agency or the executive director's designee. sanctions under IC 25-1-9-9. The board may (d) The executive director is the chief fiscal delay issuing the renewal beyond the ninety (90) officer of the agency and is responsible for hiring days after the renewal date until a final of all staff, and for procurement of all services determination is made by the board. The and supplies in accordance with IC 5-22. The applicant's license remains valid until the final executive director and the employees of the determination of the board is rendered unless the agency are subject to IC 4-15-1.8 but are not renewal is denied or the license is summarily under IC 4-15-2. The executive director may suspended under IC 25-1-9-10. appoint not to exceed three (3) deputy directors, (j) The license of the applicant for a license who must be qualified to work renewal remains valid during the ninety (90) day for the boards which are served by the agency. period unless the license renewal is denied (e) The executive director shall execute a following a personal appearance by the applicant bond payable to the state, with surety to consist before the board before the end of the ninety of a surety or guaranty corporation qualified to do (90) day period. If the ninety (90) day period business in Indiana, in an amount fixed by the expires without action by the board, the license state board of accounts, conditioned upon the
34 faithful performance of duties and the accounting IC 25-1-5-9 Submission of certified document for all money and property that come into the as proof of required diploma executive director's hands or under the executive Sec. 9. If a board or committee requires an director's control. The executive director may applicant for a certificate or license to submit a likewise cause any employee of the agency to certified copy of a diploma showing execute a bond if that employee receives, that the applicant graduated from a school or disburses, or in any way handles funds or program as a condition for certification or property of the agency. The costs of any such licensure, the applicant may satisfy this bonds shall be paid from funds available to the requirement by submitting another certified agency. document that shows that the applicant (f) The executive director may present to the graduated from or received the required diploma general assembly legislative recommendations from the applicable school or program. regarding operations of the agency and the As added by P.L.177-1996, SEC.1. boards it serves, including adoption of four (4) year license or certificate renewal cycles IC 25-1-5-10 Provider profiles wherever feasible. Sec. 10. (a) As used in this section, "provider" (g) The executive director may execute orders, means an individual licensed, certified, subpoenas, continuances, and other legal registered, or permitted by any of the following: documents on behalf of a board or committee (1) Board of chiropractic examiners (IC 25- when requested to do so by the board or 10-1). committee. (2) State board of dentistry (IC 25-14-1). (h) The executive director or the executive (3) Indiana state board of health facility director's designee may, upon request of a board administrators (IC 25-19-1). or committee, provide advice and technical (4) Medical licensing board of Indiana (IC assistance on issues that may be presented to 25-22.5-2). the boards or committees. (5) Indiana state board of nursing (IC 25-23- As added by Acts 1981, P.L.222, SEC.2. 1). Amended by Acts 1982, P.L.113, SEC.9; (6) Indiana optometry board (IC 25-24). P.L.169-1985, SEC.26; P.L.149-1987, SEC.20; (7) Indiana board of pharmacy (IC 25-26). P.L.48-1991, SEC.14; P.L.49-1997, SEC.63; (8) Board of podiatric medicine (IC 25-29-2- P.L.206-2005, SEC.5. 1). (9) Speech-language pathology and IC 25-1-5-6 Executive director; audiology board (IC 25-35.6-2). representatives; staff placement (10) State psychology board (IC 25-33). Sec. 6. (a) The executive director may (11) Indiana board of veterinary medical designate certain employees of the agency to examiners (IC 25-38.1-2). represent the executive director of the agency at (12) Indiana physical therapy committee (IC the board meetings, proceedings, or other 25-27). activities of the board. (13) Respiratory care committee (IC 25- (b) The executive director shall assign staff to 34.5). individual boards and shall work with the boards (14) Occupational therapy committee (IC to ensure efficient utilization and placement of 25-23.5). staff. (15) Behavioral health and human services As added by Acts 1981, P.L.222, SEC.2. licensing board (IC 25-23.6). Amended by P.L.169-1985, SEC.27; P.L.206- (16) Physician assistant committee (IC 25- 2005, SEC.6. 27.5). IC 25-1-5-7 Repealed (17) Indiana athletic trainers board (IC 25- (Repealed by P.L.186-1990, SEC.17.) 5.1-2-1). (18) Indiana dietitians certification board (IC IC 25-1-5-8 Repealed 25-14.5-2-1). (Repealed by P.L.206-2005, SEC.15.) (b) The agency shall create and maintain a provider profile for each provider described in
35 subsection (a). boards; or (c) A provider profile must contain the (2) an individual state regulatory board or following information: an organization composed of state regulatory (1) The provider's name. boards for the applicant's or licensee's (2) The provider's license, certification, profession for the purpose of coordinating registration, or permit number. licensure and disciplinary activities among the (3) The provider's license, certification, individual states. registration, or permit type. As added by P.L.157-2006, SEC.18. (4) The date the provider's license, certification, registration, or permit was issued. IC 25-1-6 (5) The date the provider's license, Chapter 6. Professional Licensing Agency certification, registration, or permit expires. Functions and Duties (6) The current status of the provider's license, certification, registration, or permit. IC 25-1-6-1 Centralization of staff, functions, (7) The provider's city and state of record. and services (8) A statement of any disciplinary action Sec. 1. The centralization of staff, functions, taken against the and services contemplated by this chapter shall provider within the previous ten (10) years by a be done in such a way as to enhance the board or committee described in subsection (a). licensing agency's ability to: (d) The agency shall make provider profiles (1) make maximum use of data processing available to the public. as a means of more efficient operation; (e) The computer gateway administered by the (2) provide more services and carry out office of technology established by IC 4-13.1-2-1 functions of superior quality; and shall make the information described in (3) ultimately and significantly reduce the subsection (c)(1), (c)(2), (c)(3), (c)(6), (c)(7), and number of staff needed to provide these services (c)(8) generally available to the public on the and carry out these functions. Internet. As added by Acts 1981, P.L.222, SEC.3. (f) The agency may adopt rules under IC 4-22- Amended by P.L.132-1984, SEC.2; P.L.194- 2 to implement this section. 2005, SEC.1. As added by P.L.211-2001, SEC.1. Amended by P.L.177-2005, SEC.45; P.L.206-2005, SEC.7; IC 25-1-6-2 Definitions P.L.2-2008, SEC.58; P.L.122-2009, SEC.4; Sec. 2. As used in this chapter: P.L.84-2010, SEC.10. "Board" means any agency, board, advisory committee, or group included in section 3 of this IC 25-1-5-11 Provision of Social Security chapter. number; access to numbers "Licensing agency" means the Indiana Sec. 11. (a) An individual who applies for a professional licensing agency created by IC 25- license issued by a board under this chapter or 1-5-3. who holds a license issued by a board under this As added by Acts 1981, P.L.222, SEC.3. chapter shall provide the individual's Social Amended by P.L.132-1984, SEC.3; P.L.206- Security number to the agency. 2005, SEC.8. (b) The agency and the boards shall collect IC 25-1-6-3 and release the applicant's or licensee's Social Indiana professional licensing agency; functions, Security number as provided in state or federal duties, and responsibilities law. Sec. 3. (a) The licensing agency shall perform (c) Notwithstanding IC 4-1-10-3, the agency all administrative functions, duties, and and the boards may allow access to the Social responsibilities assigned by law or rule to the Security number of each person who is licensed executive director, secretary, or other statutory under this chapter or has applied for a license administrator of the following: under this chapter to: (1) Indiana board of accountancy (IC 25- (1) a testing service that provides the 2.1-2-1). examination for licensure to the agency or the (2) Board of registration for architects and
36 landscape architects (IC 25-4-1-2). (1) notice of board meetings and other (3) Indiana auctioneer commission (IC 25- communication services; 6.1-2-1). (2) record keeping of board meetings, (4) State board of cosmetology examiners proceedings, and actions; (IC 25-8-3-1). (3) record keeping of all persons or (5) State board of funeral and cemetery individuals licensed, regulated, or certified by a service (IC 25-15-9). board; (6) State board of registration for (4) administration of examinations; and professional engineers (IC 25-31-1-3). (5) administration of license or certificate (7) Indiana plumbing commission (IC 25- issuance or renewal. 28.5-1-3). (b) In addition, the licensing agency: (8) Indiana real estate commission (IC 25- (1) shall prepare a consolidated statement 34.1). of the budget requests of all the boards in (9) Real estate appraiser licensure and section 3 of this chapter; certification board (IC 25-34.1-8-1). (2) may coordinate licensing or certification (10) Private investigator and security guard renewal cycles, examination schedules, or other licensing board (IC 25-30-1-5.2). routine activities to efficiently utilize licensing (11) State board of registration for land agency staff, facilities, and transportation surveyors (IC 25-21.5-2-1). resources, and to improve accessibility of board (12) Manufactured home installer licensing functions to the public; and board (IC 25-23.7). (3) may consolidate, where feasible, office (13) Home inspectors licensing board (IC space, record keeping, and data processing 25-20.2-3-1). services. (14) State board of massage therapy (IC (c) In administering the renewal of licenses or 25-21.8-2-1). certificates under this chapter, the licensing (b) Nothing in this chapter may be construed agency shall issue a sixty (60) day notice of to give the licensing agency policy making expiration to all holders of a license or certificate. authority, which remains with each board. The notice must inform the holder of a license or As added by Acts 1981, P.L.222, SEC.3. certificate of the requirements to: Amended by Acts 1982, P.L.113, SEC.10; (1) renew the license or certificate; and P.L.132-1984, SEC.4; P.L.246-1985, SEC.14; (2) pay the renewal fee. P.L.257-1987, SEC.14; P.L.234-1989, SEC.2; (d) If the licensing agency fails to send notice P.L.186-1990, SEC.4; P.L.23-1991, SEC.8; of expiration under subsection (c), the holder of P.L.48-1991, SEC.15; P.L.1-1992, SEC.129; the license or certificate is not subject to a P.L.30-1993, SEC.4; P.L.234-1995, SEC.2; sanction for failure to renew if the holder renews P.L.82-2000, SEC.3; P.L.227-2001, SEC.3; the license or certificate not more than forty-five P.L.162-2002, SEC.3; P.L.145-2003, SEC.3; (45) days after the holder receives the notice P.L.194-2005, SEC.2; P.L.206-2005, SEC.9; from the licensing agency. P.L.185-2007, SEC.3; P.L.200-2007, SEC.4; (e) The licensing agency may require an P.L.3-2008, SEC.177; P.L.160-2009, SEC.6; applicant for a license or certificate renewal to P.L.84-2010, SEC.11. submit evidence showing that the applicant: IC 25-1-6-4 (1) meets the minimum requirements for Additional duties and functions; staff; licensure or certification; and requirements for renewal; delay of renewal; (2) is not in violation of: attorney general; investigation; sanctions; (A) the law regulating the applicant's staggering renewal cycles; abandoned profession; or application (B) rules adopted by the board regulating Sec. 4. (a) The licensing agency shall employ the applicant's profession. necessary staff, including specialists and (f) The licensing agency may delay renewing a professionals, to carry out the administrative license or certificate for not more than ninety (90) duties and functions of the boards, including but days after the renewal date to permit the board not limited to: to investigate information received by the
37 licensing agency that the applicant for renewal 13. may have committed an act for which the (i) The license or certificate of the applicant for applicant may be disciplined. If the licensing license renewal remains valid during the ninety agency delays renewing a license or certificate, (90) day period unless the license or the licensing agency shall notify the applicant certificate is denied following a personal that the applicant is being investigated. Except appearance by the applicant before the board as provided in subsection (g), the board shall do before the end of the ninety (90) day period. If one (1) of the following before the expiration of the ninety (90) day period expires without action the ninety (90) day period: by the board, the license or certificate shall be (1) Deny renewal of the license or certificate automatically renewed at the end of the ninety following a personal appearance by the applicant (90) day period. before the board. (j) Notwithstanding any other law, the licensing (2) Renew the license or certificate upon agency may stagger license or certificate satisfaction of all other requirements for renewal. renewal cycles. (3) Renew the license and file a complaint (k) An application for a license or certificate is under IC 25-1-7. abandoned without an action by the board if the (4) Request the office of the attorney applicant does not complete the requirements for general to conduct an investigation under obtaining the license or certificate not more than subsection (h) if, following a personal one (1) year after the date on which the appearance by the applicant before the board, application was filed. However, the board may, the board has good cause to believe that the for good cause shown, extend the validity of the applicant engaged in activity described in IC 25- application for additional thirty (30) day periods. 1-11-5. An application submitted after the abandonment (5) Upon agreement of the applicant and of an application is considered a new application. the board and following a personal appearance As added by Acts 1981, P.L.222, SEC.3. by the applicant before the board, renew the Amended by P.L.132-1984, SEC.5; P.L.194- license or certificate and place the applicant on 2005, SEC.3. probation status under IC 25-1-11-12. (g) If an applicant fails to appear before the IC 25-1-6-5 Executive director board under subsection (f), the board may take Sec. 5. (a) The licensing agency shall be action as provided in subsection (f)(1), (f)(2), or administered by an executive director appointed (f)(3). by the governor who shall serve at the will and (h) If the board makes a request under pleasure of the governor. subsection (f)(4), the office of the attorney (b) The executive director must be qualified by general shall conduct an investigation. Upon experience and training. completion of the investigation, the office of the (c) The term "executive director" or attorney general may file a petition alleging that "secretary", or any other statutory term for the the applicant has engaged in activity described in administrative officer of a board listed in section IC 25-1-11-5. If the office of the attorney general 3 of this chapter, means the executive director of files a petition, the board shall set the matter for the licensing agency or the executive director's a public hearing. If, after a public hearing, the designee. board finds the applicant violated IC 25-1-11-5, (d) The executive director is the chief fiscal the board may impose sanctions under IC 25-1- officer of the licensing agency and is responsible 11-12. The board may delay renewing a license for hiring of all staff and for procurement of all or certificate beyond ninety (90) days after the services and supplies in accordance with IC 5- renewal date until a final determination is made 22. The executive director and the employees of by the board. The applicant's license or the licensing agency are subject to IC 4-15-1.8 certificate remains valid until the final but are not under IC 4-15-2. The executive determination of the board is rendered unless the director may appoint no more than three (3) renewal is: deputy directors, who must be qualified to work (1) denied; or for the boards which are served by the licensing (2) summarily suspended under IC 25-1-11- agency.
38 (e) The executive director shall execute a to ensure efficient utilization and placement of bond payable to the state, with surety to consist staff. of a surety or guaranty corporation qualified to do As added by Acts 1981, P.L.222, SEC.3. business in Indiana, in an amount fixed by the Amended by P.L.132-1984, SEC.7. state board of accounts, conditioned upon the IC 25-1-6-7 faithful performance of duties and the accounting Repealed for all money and property that come into the (Repealed by P.L.186-1990, SEC.17.) executive director's hands or under the executive director's control. The executive director may IC 25-1-6-8 Department of state revenue; likewise cause any employee of the licensing access to names of licensees and applicants; agency to execute a bond if that employee persons on tax warrant list receives, disburses, or in any way handles funds Sec. 8. (a) The licensing agency and the or property of the licensing agency. The costs of boards may allow the department of state any such bonds shall be paid from funds revenue access to the name of each person available to the licensing agency. who: (f) The executive director may present to the (1) is licensed under this chapter or IC 25-1- general assembly legislative recommendations 5; or regarding operations of the licensing (2) has applied for a license under this agency and the boards it serves, including chapter or IC 25-1-5. adoption of four (4) year license or certificate (b) If the department of state revenue notifies renewal cycles wherever feasible. the licensing agency that a person is on the most (g) Upon the request of a board or recent tax warrant list, the licensing agency may commission, the executive director may execute not issue or renew the person's license until: orders, subpoenas, continuances, and other (1) the person provides to the licensing legal documents on behalf of the board or agency a statement from the department of commission. revenue that the person's delinquent tax liability (h) Upon the request of a board or has been satisfied; or commission, the executive director may provide (2) the licensing agency receives a notice advice and technical assistance on issues that from the may be presented to the board or commission. commissioner of the department of state revenue As added by Acts 1981, P.L.222, SEC.3. under IC 6-8.1-8-2(k). Amended by Acts 1982, P.L.113, SEC.11; As added by P.L.26-1985, SEC.20. Amended by P.L.132-1984, SEC.6; P.L.49-1997, SEC.64; P.L.332-1989(ss), SEC.46; P.L.2-2005, SEC.63; P.L.194-2005, SEC.4. P.L.206-2005, SEC.10. IC 25-1-6-9 IC 25-1-6-5.5 Appeal of license renewal denial Repealed Sec. 5.5. A person who has a license renewal (Repealed by P.L.186-1990, SEC.17.) denied by a board listed in section 3 of this chapter may file an appeal of the denial in IC 25-1-6-10 Provision of Social Security accordance with IC 4-21.5-3. numbers; access to numbers As added by P.L.227-2001, SEC.4. Amended by Sec. 10. (a) An individual who applies for a P.L.1-2002, SEC.95; P.L.194-2005, SEC.5. license issued by a board under this chapter or who holds a license issued by a board under this IC 25-1-6-6 Executive director; chapter shall provide the individual's Social representatives; staff placement Security number to the licensing agency. Sec. 6. (a) The executive director shall (b) The licensing agency and the boards shall designate certain employees of the licensing collect and release the applicant's or licensee's agency to represent the executive director of the Social Security number as otherwise provided in licensing agency at board meetings, state or federal law. proceedings, or any other activities of a board. (c) Notwithstanding IC 4-1-10-3, the licensing (b) The executive director shall assign staff to agency and the boards may allow access to the individual boards and shall work with the boards Social Security number of each person who is
39 licensed under this chapter or has applied for a 6.1-2-1). license under this chapter to: (4) State board of barber examiners (IC 25- (1) a testing service that provides the 7-5-1). examination for licensure to the licensing agency (5) State athletic commission (IC 25-9-1). or the boards; or (6) Board of chiropractic examiners (IC 25- (2) an individual state regulatory board or 10-1). an organization composed of state regulatory (7) State board of cosmetology examiners boards for the applicant's or licensee's (IC 25-8-3-1). profession for the purpose of coordinating (8) State board of dentistry (IC 25-14-1). licensure and disciplinary activities among the (9) State board of funeral and cemetery individual states. service (IC 25-15-9). As added by P.L.157-2006, SEC.19. (10) State board of registration for professional engineers (IC 25-31-1-3). INDIANA CODE § 25-1-7 (11) Indiana state board of health facility administrators (IC 25-19-1). IC 25-1-7 (12) Medical licensing board of Indiana (IC Chapter 7. Investigation and Prosecution 25-22.5-2). of Complaints Concerning Regulated (13) Indiana state board of nursing (IC 25- Occupations 23-1). (14) Indiana optometry board (IC 25-24). IC 25-1-7-1 Version a (15) Indiana board of pharmacy (IC 25-26). Definitions (16) Indiana plumbing commission (IC 25- Note: This version of section amended by 28.5-1-3). P.L.1-2010, SEC.102, effective until 7-1-2010. (17) Board of podiatric medicine (IC 25-29- See also following version of this section 2-1). amended by P.L.84-2010, SEC.12, effective 7-1- (18) Board of environmental health 2010, and following version of this section specialists (IC 25-32-1). amended by P.L.113-2010, SEC.101, effective 7- (19) State psychology board (IC 25-33). 1-2010. (20) Speech-language pathology and Sec. 1. As used in this chapter: audiology board (IC 25-35.6-2). "Board" means the appropriate agency listed (21) Indiana real estate commission (IC 25- in the definition of regulated occupation in this 34.1-2). section. (22) Indiana board of veterinary medical "Director" refers to the director of the division examiners (IC 25-38.1). of consumer protection. (23) Department of natural resources for "Division" refers to the division of consumer purposes of licensing water well drillers under protection, office of the attorney general. IC 25-39-3. "Licensee" means a person who is: (24) Respiratory care committee (IC 25- (1) licensed, certified, or registered by a 34.5). board listed in this section; and (25) Private investigator and security guard (2) the subject of a complaint filed with the licensing board (IC 25-30-1-5.2). division. (26) Occupational therapy committee (IC "Person" means an individual, a partnership, a 25-23.5). limited liability company, or a corporation. (27) Behavioral health and human services "Regulated occupation" means an occupation licensing board (IC 25-23.6). in which a person is licensed, certified, or (28) Real estate appraiser licensure and registered by one (1) of the following: certification board (IC 25-34.1-8). (1) Indiana board of accountancy (IC 25- (29) State board of registration for land 2.1-2-1). surveyors (IC 25-21.5-2-1). (2) Board of registration for architects and (30) Physician assistant committee (IC 25- landscape architects (IC 25-4-1-2). 27.5). (3) Indiana auctioneer commission (IC 25- (31) Indiana athletic trainers board (IC 25-
40 5.1-2-1). of consumer protection. (32) Indiana dietitians certification board (IC "Division" refers to the division of consumer 25-14.5-2-1). protection, office of the attorney general. (33) Indiana hypnotist committee (IC 25- "Licensee" means a person who is: 20.5-1-7). (1) licensed, certified, or registered by a (34) Indiana physical therapy committee (IC board listed in this section; and 25-27). (2) the subject of a complaint filed with the (35) Manufactured home installer licensing division. board (IC 25-23.7). "Person" means an individual, a partnership, a (36) Home inspectors licensing board (IC limited liability company, or a corporation. 25-20.2-3-1). "Regulated occupation" means an occupation (37) State department of health, for out-of- in which a person is licensed, certified, or state mobile health care entities. registered by one (1) of the following: (38) State board of massage therapy (IC (1) Indiana board of accountancy (IC 25- 25-21.8-2-1). 2.1-2-1). (39) Any other occupational or professional (2) Board of registration for architects and agency created after June 30, 1981. landscape architects (IC 25-4-1-2). As added by Acts 1981, P.L.222, SEC.4. (3) Indiana auctioneer commission (IC 25- Amended by Acts 1982, P.L.113, SEC.12; 6.1-2-1). P.L.137-1985, SEC.7; P.L.246-1985, SEC.15; (4) State athletic commission (IC 25-9-1). P.L.169-1985, SEC.29; P.L.149-1987, SEC.21; (5) Board of chiropractic examiners (IC 25- P.L.257-1987, SEC.15; P.L.242-1989, SEC.6; 10-1). P.L.234-1989, SEC.3; P.L.238-1989, SEC.6; (6) State board of cosmetology and barber P.L.1-1990, SEC.249; P.L.186-1990, SEC.5; examiners (IC 25-8-3-1). P.L.183-1991, SEC.3; P.L.23-1991, SEC.9; (7) State board of dentistry (IC 25-14-1). P.L.48-1991, SEC.16; P.L.1-1992, SEC.130; (8) State board of funeral and cemetery P.L.30-1993, SEC.5; P.L.227-1993, SEC.5; service (IC 25-15-9). P.L.213-1993, SEC.2; P.L.8-1993, SEC.371; (9) State board of registration for P.L.33-1993, SEC.11; P.L.1-1994, SEC.120; professional engineers (IC 25-31-1-3). P.L.124-1994, SEC.4; P.L.234-1995, SEC.3; (10) Indiana state board of health facility P.L.175-1997, SEC.5; P.L.147-1997, SEC.8; administrators (IC 25-19-1). P.L.84-1998, SEC.3; P.L.24-1999, SEC.4; (11) Medical licensing board of Indiana (IC P.L.82-2000, SEC.4; P.L.162-2002, SEC.4; 25-22.5-2). P.L.145-2003, SEC.4; P.L.185-2007, SEC.4; (12) Indiana state board of nursing (IC 25- P.L.193-2007, SEC.4; P.L.200-2007, SEC.5; 23-1). P.L.3-2008, SEC.178; P.L.134-2008, SEC.16; (13) Indiana optometry board (IC 25-24). P.L.1-2009, SEC.138; P.L.122-2009, SEC.5; (14) Indiana board of pharmacy (IC 25-26). P.L.160-2009, SEC.7; P.L.1-2010, SEC.102. (15) Indiana plumbing commission (IC 25- IC 25-1-7-1 Version b 28.5-1-3). Definitions (16) Board of podiatric medicine (IC 25-29- Note: This version of section amended by 2-1). P.L.84-2010, SEC.12, effective 7-1-2010. See (17) State psychology board (IC 25-33). also preceding version of this section amended (18) Speech-language pathology and by P.L.1-2010, SEC.102, effective until 7-1-2010, audiology board (IC 25-35.6-2). and following version of this section amended by (19) Indiana real estate commission (IC 25- P.L.113-2010, SEC.101, effective 7-1-2010. 34.1-2). (20) Indiana board of veterinary medical Sec. 1. As used in this chapter: examiners (IC 25-38.1). "Board" means the appropriate agency listed (21) Department of natural resources for in the definition of regulated occupation in this purposes of licensing water well drillers under section. IC 25-39-3. "Director" refers to the director of the division (22) Respiratory care committee (IC 25-
41 34.5). (23) Private investigator and security guard IC 25-1-7-1 Version c Definitions licensing board (IC 25-30-1-5.2). Note: This version of section amended by (24) Occupational therapy committee (IC P.L.113-2010, SEC.101, effective 7-1-2010. See 25-23.5). also preceding version of this section amended (25) Behavioral health and human services by P.L.1-2010, SEC.102, effective until 7-1-2010, licensing board (IC 25-23.6). and preceding version of this section amended (26) Real estate appraiser licensure and by P.L.84-2010, SEC.12, effective 7-1-2010. certification board (IC Sec. 1. As used in this chapter: 25-34.1-8). "Board" means the appropriate agency listed (27) State board of registration for land in the definition of regulated occupation in this surveyors (IC 25-21.5-2-1). section. (28) Physician assistant committee (IC 25- "Director" refers to the director of the division 27.5). of consumer protection. (29) Indiana athletic trainers board (IC 25- "Division" refers to the division of consumer 5.1-2-1). protection, office of the attorney general. (30) Indiana dietitians certification board (IC "Licensee" means a person who is: 25-14.5-2-1). (1) licensed, certified, or registered by a (31) Indiana physical therapy committee (IC board listed in this section; and 25-27). (2) the subject of a complaint filed with the (32) Manufactured home installer licensing division. board (IC 25-23.7). "Person" means an individual, a partnership, a (33) Home inspectors licensing board (IC limited liability company, or a corporation. 25-20.2-3-1). "Regulated occupation" means an occupation (34) State department of health, for out-of- in which a person is licensed, certified, or state mobile health care entities. registered by one (1) of the following: (35) State board of massage therapy (IC (1) Indiana board of accountancy (IC 25- 25-21.8-2-1). 2.1-2-1). (36) Any other occupational or professional (2) Board of registration for architects and agency created after June 30, 1981. landscape architects (IC 25-4-1-2). As added by Acts 1981, P.L.222, SEC.4. (3) Indiana auctioneer commission (IC 25- Amended by Acts 1982, P.L.113, SEC.12; 6.1-2-1). P.L.137-1985, SEC.7; P.L.246-1985, SEC.15; (4) State board of barber examiners (IC 25- P.L.169-1985, SEC.29; P.L.149-1987, SEC.21; 7-5-1). P.L.257-1987, SEC.15; P.L.242-1989, SEC.6; (5) Board of chiropractic examiners (IC 25- P.L.234-1989, SEC.3; P.L.238-1989, SEC.6; 10-1). P.L.1-1990, SEC.249; P.L.186-1990, SEC.5; (6) State board of cosmetology examiners P.L.183-1991, SEC.3; P.L.23-1991, SEC.9; (IC 25-8-3-1). P.L.48-1991, SEC.16; P.L.1-1992, SEC.130; (7) State board of dentistry (IC 25-14-1). P.L.30-1993, SEC.5; P.L.227-1993, SEC.5; (8) State board of funeral and cemetery P.L.213-1993, SEC.2; P.L.8-1993, SEC.371; service (IC 25-15-9). P.L.33-1993, SEC.11; P.L.1-1994, SEC.120; (9) State board of registration for P.L.124-1994, SEC.4; P.L.234-1995, SEC.3; professional engineers (IC 25-31-1-3). P.L.175-1997, SEC.5; P.L.147-1997, SEC.8; (10) Indiana state board of health facility P.L.84-1998, SEC.3; P.L.24-1999, SEC.4; administrators (IC 25-19-1). P.L.82-2000, SEC.4; P.L.162-2002, SEC.4; (11) Medical licensing board of Indiana (IC P.L.145-2003, SEC.4; P.L.185-2007, SEC.4; 25-22.5-2). P.L.193-2007, SEC.4; P.L.200-2007, SEC.5; (12) Indiana state board of nursing (IC 25- P.L.3-2008, SEC.178; P.L.134-2008, SEC.16; 23-1). P.L.1-2009, SEC.138; P.L.122-2009, SEC.5; (13) Indiana optometry board (IC 25-24). P.L.160-2009, SEC.7; P.L.1-2010, SEC.102; (14) Indiana board of pharmacy (IC 25-26). P.L.84-2010, SEC.12. (15) Indiana plumbing commission (IC 25-
42 28.5-1-3). P.L.257-1987, SEC.15; P.L.242-1989, SEC.6; (16) Board of podiatric medicine (IC 25-29- P.L.234-1989, SEC.3; P.L.238-1989, SEC.6; 2-1). P.L.1-1990, SEC.249; P.L.186-1990, SEC.5; (17) Board of environmental health P.L.183-1991, SEC.3; P.L.23-1991, SEC.9; specialists (IC 25-32-1). P.L.48-1991, SEC.16; P.L.1-1992, SEC.130; (18) State psychology board (IC 25-33). P.L.30-1993, SEC.5; P.L.227-1993, SEC.5; (19) Speech-language pathology and P.L.213-1993, SEC.2; P.L.8-1993, SEC.371; audiology board (IC 25-35.6-2). P.L.33-1993, SEC.11; P.L.1-1994, SEC.120; (20) Indiana real estate commission (IC 25- P.L.124-1994, SEC.4; P.L.234-1995, SEC.3; 34.1-2). P.L.175-1997, SEC.5; P.L.147-1997, SEC.8; (21) Indiana board of veterinary medical P.L.84-1998, SEC.3; P.L.24-1999, SEC.4; examiners (IC 25-38.1). P.L.82-2000, SEC.4; P.L.162-2002, SEC.4; (22) Department of natural resources for P.L.145-2003, SEC.4; P.L.185-2007, SEC.4; purposes of licensing water well drillers under P.L.193-2007, SEC.4; P.L.200-2007, SEC.5; IC 25-39-3. P.L.3-2008, SEC.178; P.L.134-2008, SEC.16; (23) Respiratory care committee (IC 25- P.L.1-2009, SEC.138; P.L.122-2009, SEC.5; 34.5). P.L.160-2009, SEC.7; P.L.1-2010, SEC.102; (24) Private investigator and security guard P.L.113-2010, SEC.101. licensing board (IC 25-30-1-5.2). (25) Occupational therapy committee (IC IC 25-1-7-2 Duties of attorney general 25-23.5). Sec. 2. The office of the attorney general, (26) Behavioral health and human services under the conditions specified in this chapter, licensing board (IC 25-23.6). may receive, investigate, and prosecute (27) Real estate appraiser licensure and complaints concerning regulated occupations. certification board (IC 25-34.1-8). As added by Acts 1981, P.L.222, SEC.4. (28) State board of registration for land surveyors (IC 25-21.5-2-1). IC 25-1-7-3 Investigation of complaints (29) Physician assistant committee (IC 25- Sec. 3. The division is responsible for the 27.5). investigation of complaints concerning licensees. (30) Indiana athletic trainers board (IC 25- As added by Acts 1981, P.L.222, SEC.4. 5.1-2-1). (31) Indiana dietitians certification board (IC IC 25-1-7-4 Complaints; requisites; standing 25-14.5-2-1). Sec. 4. All complaints must be written and (32) Indiana hypnotist committee (IC 25- signed by the complainant and initially filed with 20.5-1-7). the director. Except for employees of the (33) Indiana physical therapy committee (IC attorney general's office acting in their official 25-27). capacity, a complaint may be filed by any (34) Manufactured home installer licensing person, including members of any of the boards board (IC 25-23.7). listed in section 1 of this chapter. (35) Home inspectors licensing board (IC As added by Acts 1981, P.L.222, SEC.4. 25-20.2-3-1). (36) State department of health, for out-of- IC 25-1-7-5 Duties and powers of director state mobile health care entities. Sec. 5. (a) Subsection (b)(1) does not apply (37) State board of massage therapy (IC to: 25-21.8-2-1). (1) a complaint filed by: (A) a member of any of the boards listed (38) Any other occupational or professional in section 1 of this chapter; or agency created after June 30, 1981. (B) the Indiana professional licensing As added by Acts 1981, P.L.222, SEC.4. agency; or Amended by Acts 1982, P.L.113, SEC.12; (2) a complaint filed under IC 25-1-5-4. P.L.137-1985, SEC.7; P.L.246-1985, SEC.15; (b) The director has the following duties and P.L.169-1985, SEC.29; P.L.149-1987, SEC.21; powers:
43 (1) The director shall make an initial whatsoever, unless requested by the board. If, determination as to the during the thirty (30) days, the board requests an merit of each complaint. A copy of a complaint extension of the thirty (30) day time period, the having merit shall be submitted to the board director shall grant it for a period not exceeding having jurisdiction over the licensee's regulated an additional twenty (20) days. If at any time occupation, that board thereby acquiring during the thirty (30) day period or an extension jurisdiction over the matter except as otherwise thereof, the board notifies the director of its provided in this chapter. intention not to proceed further to resolve the (2) The director shall through any complaint, the division may proceed immediately reasonable means notify the licensee of the under this chapter. For every purpose of this nature and ramifications of the complaint and of section, a board may designate a board member the duty of the board to attempt to resolve the or staff member to act on behalf of or in the complaint through negotiation. name of the board. (3) The director shall report any pertinent As added by Acts 1981, P.L.222, SEC.4. information regarding the status of the complaint Amended by P.L.22-1999, SEC.3; P.L.206-2005, to the complainant. SEC.12. (4) The director may investigate any written complaint against a licensee. The investigation IC 25-1-7-7 Disciplinary sanctions; report to shall be limited to those areas in which there attorney general; prosecution; hearing officer appears to be a violation of statutes governing Sec. 7. (a) If there has been no statement of the regulated occupation. settlement filed by the board under section 6 of (5) The director has the power to subpoena this chapter, and if, after conducting an witnesses and to send for and compel the investigation, the director believes that the production of books, records, papers, and licensee should be subjected to disciplinary documents for the furtherance of any sanctions by the board of his regulated investigation under this chapter. The circuit or occupation, then he shall so report to the superior court located in the county where the attorney general. Upon receiving the director's subpoena is to be issued shall enforce any such report, the attorney general may prosecute the subpoena by the director. matter, on behalf of the state of Indiana, before As added by Acts 1981, P.L.222, SEC.4. the board. The board may designate any person Amended by P.L.22-1999, SEC.2; P.L.14-2000, as a hearing officer to hear the matter. SEC.55; P.L.206-2005, SEC.11. (b) Notwithstanding subsection (a) of this section, if the board by majority vote so requests, IC 25-1-7-6 Statement of settlement; period to the attorney general shall prosecute the matter resolve before the board, on behalf of the state of Sec. 6. (a) This section does not apply to: Indiana. (1) a complaint filed by: As added by Acts 1981, P.L.222, SEC.4. (A) a member of any of the boards listed in section 1 of this chapter; or IC 25-1-7-8 Witnesses (B) the Indiana professional licensing Sec. 8. At the hearing, the board or hearing agency; or officer may call witnesses in addition to those (2) a complaint filed under IC 25-1-5-4. presented by the state or the licensee. (b) If, at any time before the director files the As added by Acts 1981, P.L.222, SEC.4. director's recommendations with the attorney general, the board files with the director a IC 25-1-7-9 Disqualification of board member statement signed by the licensee and the Sec. 9. A board member is disqualified from complainant that the complaint has been any consideration of the case if the board resolved, the director shall not take further member filed the complaint or participated in action. For a period of thirty (30) days after the negotiations regarding the complaint. The board director has notified the board and the licensee member is not disqualified from the board's final that a complaint has been filed, the division shall determination solely because the board member not conduct any investigation or take any action was the hearing officer or determined the
44 complaint and the information pertaining to the (2) the office of the attorney general is complaint was current significant investigative entitled to reimbursement under subsection (a); information (as defined by IC 25-23.2-1-5 the funds for reimbursement shall be taken in (repealed)). equal amounts from each of the funds described As added by Acts 1981, P.L.222, SEC.4. in subdivision (1). Amended by P.L.181-2002, SEC.1; P.L.1-2007, As added by P.L.255-1987, SEC.1. SEC.166. IC 25-1-7-13 Reports; contents IC 25-1-7-10 Confidentiality of complaints and Sec. 13. The office of the attorney general information shall submit to each board, at the request of the Sec. 10. (a) All complaints and information board, a report that includes the following pertaining to the complaints shall be held in strict information concerning that regulated confidence until the attorney general files notice occupation: with the board of the attorney general's intent to (1) The number of complaints filed. prosecute the licensee. (2) The number of cases currently under (b) A person in the employ of the office of investigation. attorney general or any of the boards, or any (3) The number of cases closed. person not a party to the complaint, may not (4) The number of cases resolved. disclose or further a disclosure of information (5) The age of the complaints. concerning the complaint unless the disclosure is As added by P.L.177-1997, SEC.1. required: (1) under law; or IC 25-1-7-14 Cease and desist orders (2) for the advancement of an investigation. Sec. 14. (a) Notwithstanding any other law, if As added by Acts 1981, P.L.222, SEC.4. the board of a regulated occupation believes that Amended by P.L.181-2002, SEC.2; P.L.1-2007, a person who is not licensed, certified, or SEC.167. registered under this title is engaged in or is believed to be engaged in activities for which a IC 25-1-7-11 Administrative orders and license, certification, or registration is required procedures under this title, the board may do the following: Sec. 11. Nothing in this chapter limits the (1) File a complaint with the attorney rights of the licensee or the state under IC 4- general, who shall investigate and may file: 21.5. (A) with notice; or As added by Acts 1981, P.L.222, SEC.4. (B) without notice, if the attorney general Amended by P.L.7-1987, SEC.110. determines that person is engaged in activities that may affect an IC 25-1-7-12 Reimbursement of attorney individual's health or safety; general a motion for a cease and desist order with Sec. 12. (a) If: the appropriate board. (1) a fund is created by statute for the (2) Upon review of the attorney general's payment of an unpaid judgment against a motion for a cease and desist order, the board licensee; and may issue an order requiring the affected person (2) the office of the attorney general is to show cause why the person should not be required by statute to provide services to the ordered to cease and desist from such activities. boards that administer the funds described in The show cause order must set forth a time and subdivision (1); place for a hearing at which the affected person the office of the attorney general is entitled to may appear and show cause as to why the reimbursement for the costs incurred in providing person should not be subject to licensing, the services described in subdivision (2). certification, or registration under this title. (b) If: (b) If the board, after a hearing, determines (1) more than one (1) fund is established by that the activities in which the person is engaged statute for the payment of an unpaid judgment are subject to licensing, certification, or against a licensee; and registration under this title, the board may issue
45 a cease and desist order that must describe the service (IC 25-15). person and activities that are the subject of the (10) State board of registration for order. professional engineers (IC 25-31-1-3). (c) A hearing conducted under this section (11) Indiana state board of health facility must comply with the requirements under IC 4- administrators (IC 25-19-1). 21.5. (12) Medical licensing board of Indiana (IC (d) A cease and desist order issued under this 25-22.5-2). section is enforceable in the circuit or superior (13) Mining board (IC 22-10-1.5-2). courts. A person who is enjoined under a cease (14) Indiana state board of nursing (IC 25- and desist order and who violates the order shall 23-1). be punished for contempt of court. (15) Indiana optometry board (IC 25-24). (e) A cease and desist order issued under this (16) Indiana board of pharmacy (IC 25-26). section does not relieve any person from criminal (17) Indiana plumbing commission (IC 25- prosecution. 28.5-1-3). As added by P.L.84-2010, SEC.13. (18) Board of environmental health specialists (IC 25-32-1). INDIANA CODE § 25-1-8 (19) State psychology board (IC 25-33). (20) Speech-language pathology and Chapter 8. Occupational and Professional audiology board (IC 25-35.6-2). Licensure, Registration, and Certification (21) Indiana real estate commission (IC 25- Fees 34.1-2-1). (22) Indiana board of veterinary medical IC 25-1-8 examiners (IC 25-38.1-2-1). Chapter 8. Occupational and Professional (23) Department of insurance (IC 27-1). Licensure, Registration, and Certification (24) State police department (IC 10-11-2-4), Fees for purposes of certifying polygraph examiners under IC 25-30-2. IC 25-1-8-1 Version a "Board" defined (25) Department of natural resources for Note: This version of section amended by purposes of licensing water well drillers under P.L.1-2010, SEC.103, effective until 7-1-2010. IC 25-39-3. See also following version of this section (26) Private investigator and security guard amended by P.L.84-2010, SEC.14, effective 7-1- licensing board (IC 25-30-1-5.2). 2010, and following version of this section (27) Occupational therapy committee (IC amended by P.L.113-2010, SEC.102, effective 7- 25-23.5-2-1). 1-2010. (28) Behavioral health and human services Sec. 1. As used in this chapter, "board" means licensing board (IC 25-23.6-2-1). any of the following: (29) Real estate appraiser licensure and (1) Indiana board of accountancy (IC 25- certification board (IC 25-34.1-8). 2.1-2-1). (30) State board of registration for land (2) Board of registration for architects and surveyors (IC 25-21.5-2-1). landscape architects (IC 25-4-1-2). (31) Physician assistant committee (IC 25- (3) Indiana auctioneer commission (IC 25- 27.5). 6.1-2-1). (32) Indiana athletic trainers board (IC 25- (4) State board of barber examiners (IC 25- 5.1-2-1). 7-5-1). (33) Board of podiatric medicine (IC 25-29- (5) State athletic commission (IC 25-9-1). 2-1). (6) Board of chiropractic examiners (IC 25- (34) Indiana dietitians certification board (IC 10-1). 25-14.5-2-1). (7) State board of cosmetology examiners (35) Indiana physical therapy committee (IC (IC 25-8-3-1). 25-27). (8) State board of dentistry (IC 25-14-1). (36) Manufactured home installer licensing (9) State board of funeral and cemetery board (IC 25-23.7).
46 (37) Home inspectors licensing board (IC (11) Medical licensing board of Indiana (IC 25-20.2-3-1). 25-22.5-2). (38) State board of massage therapy (IC (12) Mining board (IC 22-10-1.5-2). 25-21.8-2-1). (13) Indiana state board of nursing (IC 25- (39) Any other occupational or professional 23-1). agency created after June 30, 1981. (14) Indiana optometry board (IC 25-24). As added by Acts 1981, P.L.223, SEC.1. (15) Indiana board of pharmacy (IC 25-26). Amended by P.L.250-1983, SEC.1; P.L.246- (16) Indiana plumbing commission (IC 25- 1985, SEC.16; P.L.169-1985, SEC.30; P.L.19- 28.5-1-3). 1986, SEC.42; P.L.149-1987, SEC.22; P.L.257- (17) State psychology board (IC 25-33). 1987, SEC.16; P.L.3-1989, SEC.144; P.L.234- (18) Speech-language pathology and 1989, SEC.4; P.L.186-1990, SEC.6; P.L.183- audiology board (IC 25-35.6-2). 1991, SEC.4; P.L.23-1991, SEC.10; P.L.48- (19) Indiana real estate commission (IC 25- 1991, SEC.17; P.L.1-1992, SEC.131; P.L.30- 34.1-2-1). 1993, SEC.6; P.L.33-1993, SEC.12; P.L.213- (20) Indiana board of veterinary medical 1993, SEC.3; P.L.227-1993, SEC.6; P.L.1-1994, examiners (IC 25-38.1-2-1). SEC.121; P.L.124-1995, SEC.5; P.L.234-1995, (21) Department of insurance (IC 27-1). SEC.4; P.L.147-1997, SEC.9; P.L.84-1998, (22) State police department (IC 10-11-2-4), SEC.4; P.L.24-1999, SEC.5; P.L.82-2000, for purposes of certifying polygraph examiners SEC.5; P.L.162-2002, SEC.5; P.L.2-2003, under IC 25-30-2. SEC.64; P.L.145-2003, SEC.5; P.L.185-2007, (23) Department of natural resources for SEC.5; P.L.200-2007, SEC.6; P.L.3-2008, purposes of licensing water well drillers under SEC.179; P.L.122-2009, SEC.6; P.L.160-2009, IC 25-39-3. SEC.8; P.L.1-2010, SEC.103. (24) Private investigator and security guard licensing board (IC 25-30-1-5.2). IC 25-1-8-1 Version b "Board" defined (25) Occupational therapy committee (IC Note: This version of section amended by 25-23.5-2-1). P.L.84-2010, SEC.14, effective 7-1-2010. See (26) Behavioral health and human services also preceding version of this section amended licensing board (IC 25-23.6-2-1). by P.L.1-2010, SEC.103, effective until 7-1-2010, (27) Real estate appraiser licensure and and following version of this section amended by certification board (IC 25-34.1-8). P.L.113-2010, SEC.102, effective 7-1-2010. (28) State board of registration for land Sec. 1. As used in this chapter, "board" means surveyors (IC 25-21.5-2-1). any of the following: (29) Physician assistant committee (IC 25- (1) Indiana board of accountancy (IC 25- 27.5). 2.1-2-1). (30) Indiana athletic trainers board (IC 25- (2) Board of registration for architects and 5.1-2-1). landscape architects (IC 25-4-1-2). (31) Board of podiatric medicine (IC 25-29- (3) Indiana auctioneer commission (IC 25- 2-1). 6.1-2-1). (32) Indiana dietitians certification board (IC (4) State athletic commission (IC 25-9-1). 25-14.5-2-1). (5) Board of chiropractic examiners (IC 25- (33) Indiana physical therapy committee (IC 10-1). 25-27). (6) State board of cosmetology and barber (34) Manufactured home installer licensing examiners (IC 25-8-3-1). board (IC 25-23.7). (7) State board of dentistry (IC 25-14-1). (35) Home inspectors licensing board (IC (8) State board of funeral and cemetery 25-20.2-3-1). service (IC 25-15). (36) State board of massage therapy (IC (9) State board of registration for 25-21.8-2-1). professional engineers (IC 25-31-1-3). (37) Any other occupational or professional (10) Indiana state board of health facility agency created after June 30, 1981. administrators (IC 25-19-1). As added by Acts 1981, P.L.223, SEC.1.
47 Amended by P.L.250-1983, SEC.1; P.L.246- (14) Indiana optometry board (IC 25-24). 1985, SEC.16; P.L.169-1985, SEC.30; P.L.19- (15) Indiana board of pharmacy (IC 25-26). 1986, SEC.42; P.L.149-1987, SEC.22; P.L.257- (16) Indiana plumbing commission (IC 25- 1987, SEC.16; P.L.3-1989, SEC.144; P.L.234- 28.5-1-3). 1989, SEC.4; P.L.186-1990, SEC.6; P.L.183- (17) Board of environmental health 1991, SEC.4; P.L.23-1991, SEC.10; P.L.48- specialists (IC 25-32-1). 1991, SEC.17; P.L.1-1992, SEC.131; P.L.30- (18) State psychology board (IC 25-33). 1993, SEC.6; P.L.33-1993, SEC.12; P.L.213- (19) Speech-language pathology and 1993, SEC.3; P.L.227-1993, SEC.6; P.L.1-1994, audiology board (IC 25-35.6-2). SEC.121; P.L.124-1995, SEC.5; P.L.234-1995, (20) Indiana real estate commission (IC 25- SEC.4; P.L.147-1997, SEC.9; P.L.84-1998, 34.1-2-1). SEC.4; P.L.24-1999, SEC.5; P.L.82-2000, (21) Indiana board of veterinary medical SEC.5; P.L.162-2002, SEC.5; P.L.2-2003, examiners (IC 25-38.1-2-1). SEC.64; P.L.145-2003, SEC.5; P.L.185-2007, (22) Department of insurance (IC 27-1). SEC.5; P.L.200-2007, SEC.6; P.L.3-2008, (23) State police department (IC 10-11-2-4), SEC.179; P.L.122-2009, SEC.6; P.L.160-2009, for purposes of certifying polygraph examiners SEC.8; P.L.1-2010, SEC.103; P.L.84-2010, under IC 25-30-2. SEC.14. (24) Department of natural resources for purposes of licensing water well drillers under IC 25-1-8-1 Version c "Board" defined IC 25-39-3. Note: This version of section amended by (25) Private investigator and security guard P.L.113-2010, SEC.102, effective 7-1-2010. See licensing board (IC 25-30-1-5.2). also preceding version of this section amended (26) Occupational therapy committee (IC by P.L.1-2010, SEC.103, effective until 7-1-2010, 25-23.5-2-1). and preceding version of this section amended (27) Behavioral health and human services by P.L.84-2010, SEC.14, effective 7-1-2010. licensing board (IC 25-23.6-2-1). Sec. 1. As used in this chapter, "board" means (28) Real estate appraiser licensure and any of the following: certification board (IC 25-34.1-8). (1) Indiana board of accountancy (IC 25- (29) State board of registration for land 2.1-2-1). surveyors (IC 25-21.5-2-1). (2) Board of registration for architects and (30) Physician assistant committee (IC 25- landscape architects (IC 25-4-1-2). 27.5). (3) Indiana auctioneer commission (IC 25- (31) Indiana athletic trainers board (IC 25- 6.1-2-1). 5.1-2-1). (4) State board of barber examiners (IC 25- (32) Board of podiatric medicine (IC 25-29- 7-5-1). 2-1). (5) Board of chiropractic examiners (IC 25- (33) Indiana dietitians certification board (IC 10-1). 25-14.5-2-1). (6) State board of cosmetology examiners (34) Indiana physical therapy committee (IC (IC 25-8-3-1). 25-27). (7) State board of dentistry (IC 25-14-1). (35) Manufactured home installer licensing (8) State board of funeral and cemetery board (IC 25-23.7). service (IC 25-15). (36) Home inspectors licensing board (IC (9) State board of registration for 25-20.2-3-1). professional engineers (IC 25-31-1-3). (37) State board of massage therapy (IC (10) Indiana state board of health facility 25-21.8-2-1). administrators (IC 25-19-1). (38) Any other occupational or professional (11) Medical licensing board of Indiana (IC agency created after June 30, 1981. 25-22.5-2). As added by Acts 1981, P.L.223, SEC.1. (12) Mining board (IC 22-10-1.5-2). Amended by P.L.250-1983, SEC.1; P.L.246- (13) Indiana state board of nursing (IC 25- 1985, SEC.16; P.L.169-1985, SEC.30; P.L.19- 23-1). 1986, SEC.42; P.L.149-1987, SEC.22; P.L.257-
48 1987, SEC.16; P.L.3-1989, SEC.144; P.L.234- check, and a certified or other personal check. If 1989, SEC.4; P.L.186-1990, SEC.6; P.L.183- a board receives an uncertified personal check 1991, SEC.4; P.L.23-1991, SEC.10; P.L.48- for the payment of a fee and if the check does 1991, SEC.17; P.L.1-1992, SEC.131; P.L.30- not clear the bank, the board may void the 1993, SEC.6; P.L.33-1993, SEC.12; P.L.213- license, registration, or certificate for which the 1993, SEC.3; P.L.227-1993, SEC.6; P.L.1-1994, check was received. SEC.121; P.L.124-1995, SEC.5; P.L.234-1995, (e) Unless designated by rule, a fee is not SEC.4; P.L.147-1997, SEC.9; P.L.84-1998, refundable. SEC.4; P.L.24-1999, SEC.5; P.L.82-2000, (f) A board shall charge a fee of not more than SEC.5; P.L.162-2002, SEC.5; P.L.2-2003, twenty-five dollars ($25) for the issuance of a SEC.64; P.L.145-2003, SEC.5; P.L.185-2007, duplicate license, registration, or certificate. SEC.5; P.L.200-2007, SEC.6; P.L.3-2008, As added by Acts 1981, P.L.223, SEC.1. SEC.179; P.L.122-2009, SEC.6; P.L.160-2009, Amended by Acts 1982, P.L.113, SEC.13; SEC.8; P.L.1-2010, SEC.103; P.L.113-2010, P.L.169-1985, SEC.31; P.L.48-1991, SEC.18; SEC.102. P.L.33-1993, SEC.13; P.L.235-1995, SEC.1; P.L.197-2007, SEC.19. IC 25-1-8-1.1 Repealed (Repealed by P.L.19-1986, SEC.43.) IC 25-1-8-3 Quadrennial license or registration cycle; refunds IC 25-1-8-2 Fees; establishment and Sec. 3. (a) A board, operating on a collection quadrennial license, registration, or certificate Sec. 2. (a) Notwithstanding any other renewal cycle, shall refund one-half (1/2) of the provision regarding the fees to be assessed by a amount of the license, registration, or certificate board, a board shall establish by rule and cause fee if the holder of the license, registration, or to be collected fees for the following: certificate surrenders it at least two (2) years (1) Examination of applicants for licensure, before it expires. registration, or certification. (b) This section does not apply to the holder of (2) Issuance, renewal, or transfer of a a license, registration, or certificate revoked or license, registration, or certificate. suspended by the board. (3) Restoration of an expired license, As added by Acts 1982, P.L.113, SEC.14. registration, or certificate when such action is authorized by law. IC 25-1-8-4 Quadrennial license renewal (4) Issuance of licenses by reciprocity or system endorsement for out-of-state applicants. Sec. 4. (a) Notwithstanding any law (5) Issuance of board or committee establishing a biennial license renewal system, a reciprocity or endorsements for practitioners board operating on such a system may by rule licensed, certified, or registered in Indiana who establish a quadrennial license renewal system. apply to another state for a license. (b) If a board establishes a quadrennial No fee shall be less than ten dollars ($10) unless license renewal system, it may provide for a the fee is collected under a rule adopted by the reduction in the fees for the four (4) year license. board which sets a fee for miscellaneous As added by P.L.234-1983, SEC.3. expenses incurred by the board on behalf of the practitioners the board regulates. IC 25-1-8-5 Employment of professionals for (b) Fees established by statute shall remain in testing; examination on statutes, rules, and effect until replaced by a new fee adopted by rule regulations; standards of review under this section. Sec. 5. (a) Notwithstanding any statutory (c) In no case shall the fees be less than are provisions regarding the administration of required to pay all of examinations, a board or committee may employ the costs, both direct and indirect, of the organizations or additional professionals to assist operation of the board. in the preparation, administration, and scoring of (d) For the payment of fees, a board shall licensing examinations. accept cash, a draft, a money order, a cashier's (b) A board or committee may require
49 applicants for licensure, certification, or (14) Committee of hearing aid dealer registration by examination, endorsement, or examiners (IC 25-20-1-1.5). reciprocity to pass a test on the state or federal (15) Home inspectors licensing board (IC statutes, state rules, and federal regulations that 25-20.2-3-1). the board or committee determines by rule to be (16) Indiana hypnotist committee (IC 25- relevant to the practice of a regulated profession. 20.5-1-7). (c) A board or committee may enter into a (17) State board of registration for land contract with a testing company or national surveyors (IC 25-21.5-2-1). association to set the standards of review for an (18) Manufactured home installer licensing examination by an applicant for licensure, board (IC 25-23.7). certification, or (19) Medical licensing board of Indiana (IC registration. The standards of review may 25-22.5-2). include: (20) Indiana state board of nursing (IC 25- (1) setting fees for review; 23-1). (2) requiring that an examination remain (21) Occupational therapy committee (IC confidential; and 25-23.5). (3) prohibiting the release of the (22) Indiana optometry board (IC 25-24). examination or copies of the examination. (23) Indiana board of pharmacy (IC 25-26). As added by P.L.169-1985, SEC.32. Amended (24) Indiana physical therapy committee (IC by P.L.152-1988, SEC.5; P.L.48-1991, SEC.19. 25-27). IC 25-1-8-6 Version a (25) Physician assistant committee (IC 25- Reinstatement of delinquent or lapsed licenses 27.5). Note: This version of section effective until 7- (26) Indiana plumbing commission (IC 25- 1-2010. See also following version of this 28.5-1-3). section, effective 7-1-2010. (27) Board of podiatric medicine (IC 25-29- Sec. 6. (a) As used in this section, "board" 2-1). means any of the following: (28) Private investigator and security guard (1) Indiana board of accountancy (IC 25- licensing board (IC 25-30-1-5.2). 2.1-2-1). (29) State psychology board (IC 25-33). (2) Board of registration for architects and (30) Indiana real estate commission (IC 25- landscape architects (IC 25-4-1-2). 34.1-2). (3) Indiana athletic trainers board (IC 25- (31) Real estate appraiser licensure and 5.1-2-1). certification board (IC 25-34.1-8). (4) Indiana auctioneer commission (IC 25- (32) Respiratory care committee (IC 25- 6.1-2-1). 34.5). (5) State board of barber examiners (IC 25- (33) Behavioral health and human services 7-5-1). licensing board (IC 25-23.6). (6) Board of chiropractic examiners (IC 25- (34) Speech-language pathology and 10-1). audiology board (IC 25-35.6-2). (7) State board of cosmetology examiners (35) Indiana board of veterinary medical (IC 25-8-3-1). examiners (IC 25-38.1). (8) State board of dentistry (IC 25-14-1). (36) State board of massage therapy (IC (9) Indiana dietitians certification board (IC 25-21.8-2-1). 25-14.5-2-1). (b) This section does not apply to a license, (10) State board of registration for certificate, or registration that has been revoked professional engineers (IC 25-31-1-3). or suspended. (11) Board of environmental health (c) Notwithstanding any other law regarding specialists (IC 25-32-1). the reinstatement of a delinquent or lapsed (12) State board of funeral and cemetery license, certificate, or registration and except as service (IC 25-15-9). provided in section 8 of this chapter, the holder (13) Indiana state board of health facility of a license, certificate, or registration that was administrators (IC 25-19-1). issued by the board that is three (3) years or less
50 delinquent must be reinstated upon meeting the board given the lapse of time involved. following requirements: (6) Any other requirement that is provided (1) Submission of the holder's completed for in statute or rule that is not related to fees. renewal application. As added by P.L.269-2001, SEC.5. Amended by (2) Payment of the current renewal fee P.L.206-2005, SEC.13; P.L.157-2006, SEC.20; established by the board under section 2 of this P.L.185-2007, SEC.6; P.L.197-2007, SEC.20; chapter. P.L.3-2008, SEC.180; P.L.105-2008, SEC.2; (3) Payment of a reinstatement fee P.L.122-2009, SEC.7; P.L.160-2009, SEC.9; established by the Indiana professional licensing P.L.1-2010, SEC.104. agency. (4) If a law requires the holder to complete IC 25-1-8-6 Version b Reinstatement of continuing education as a condition of renewal, delinquent or lapsed licenses the holder: Note: This version of section effective 7-1- (A) shall provide the board with a sworn 2010. See also preceding version of this section, statement, signed by the holder, that the holder effective until 7-1-2010. has fulfilled the continuing education Sec. 6. (a) As used in this section, "board" requirements required by the board; or means any of the following: (B) shall, if the holder has not complied (1) Indiana board of accountancy (IC 25- with the continuing education requirements, meet 2.1-2-1). any requirements imposed under IC 25-1-4-5 (2) Board of registration for architects and and IC 25-1-4-6. landscape architects (IC 25-4-1-2). (d) Notwithstanding any other law regarding (3) Indiana athletic trainers board (IC 25- the reinstatement of a delinquent or lapsed 5.1-2-1). license, certificate, or registration and except as (4) Indiana auctioneer commission (IC 25- provided in section 8 of this chapter, unless a 6.1-2-1). statute specifically does not allow a license, (5) Board of chiropractic examiners (IC 25- certificate, or registration to be reinstated if it has 10-1). lapsed for more than three (3) years, the holder (6) State board of cosmetology and barber of a license, certificate, or registration that was examiners (IC 25-8-3-1). issued by the board that is more than three (3) (7) State board of dentistry (IC 25-14-1). years delinquent must be reinstated upon (8) Indiana dietitians certification board (IC meeting the following requirements: 25-14.5-2-1). (1) Submission of the holder's completed (9) State board of registration for renewal application. professional engineers (IC 25-31-1-3). (2) Payment of the current renewal fee (10) State board of funeral and cemetery established by the board under section 2 of this service (IC 25-15-9). chapter. (11) Indiana state board of health facility (3) Payment of a reinstatement fee equal to administrators (IC 25-19-1). the current initial application fee. (12) Committee of hearing aid dealer (4) If a law requires the holder to complete examiners (IC 25-20-1-1.5). continuing education as a condition of renewal, (13) Home inspectors licensing board (IC the holder: 25-20.2-3-1). (A) shall provide the board with a sworn (14) State board of registration for land statement, signed by the holder, that the holder surveyors (IC 25-21.5-2-1). has fulfilled the continuing education (15) Manufactured home installer licensing requirements required by the board; or board (IC 25-23.7). (B) shall, if the holder has not complied (16) Medical licensing board of Indiana (IC with the continuing 25-22.5-2). education requirements, meet any requirements (17) Indiana state board of nursing (IC 25- imposed under IC 25-1-4-5 and IC 25-1-4-6. 23-1). (5) Complete such remediation and (18) Occupational therapy committee (IC additional training as deemed appropriate by the 25-23.5).
51 (19) Indiana optometry board (IC 25-24). requirements required by the board; or (20) Indiana board of pharmacy (IC 25-26). (B) shall, if the holder has not complied (21) Indiana physical therapy committee (IC with the continuing education requirements, meet 25-27). any requirements imposed under IC 25-1-4-5 (22) Physician assistant committee (IC 25- and IC 25-1-4-6. 27.5). (d) Notwithstanding any other law regarding (23) Indiana plumbing commission (IC 25- the reinstatement of a delinquent or lapsed 28.5-1-3). license, certificate, or registration and except as (24) Board of podiatric medicine (IC 25-29- provided in section 8 of this chapter, unless a 2-1). statute specifically does not allow a license, (25) Private investigator and security guard certificate, or registration to be reinstated if it has licensing board (IC 25-30-1-5.2). lapsed for more than three (3) years, the holder (26) State psychology board (IC 25-33). of a license, certificate, or registration that was (27) Indiana real estate commission (IC 25- issued by the board that is more than three (3) 34.1-2). years delinquent must be reinstated upon (28) Real estate appraiser licensure and meeting the following requirements: certification board (IC 25-34.1-8). (1) Submission of the holder's completed (29) Respiratory care committee (IC 25- renewal application. 34.5). (2) Payment of the current renewal fee (30) Behavioral health and human services established by the board under section 2 of this licensing board (IC 25-23.6). chapter. (31) Speech-language pathology and (3) Payment of a reinstatement fee equal to audiology board (IC 25-35.6-2). the current initial application fee. (32) Indiana board of veterinary medical (4) If a law requires the holder to complete examiners (IC 25-38.1). continuing education as a condition of renewal, (33) State board of massage therapy (IC the holder: 25-21.8-2-1). (A) shall provide the board with a sworn (b) This section does not apply to a license, statement, signed by the holder, that the holder certificate, or registration that has been revoked has fulfilled the continuing or suspended. education requirements required by the board; or (c) Notwithstanding any other law regarding (B) shall, if the holder has not complied the reinstatement of a delinquent or lapsed with the continuing education requirements, meet license, certificate, or registration and except as any requirements imposed under IC 25-1-4-5 provided in section 8 of this chapter, the holder and IC 25-1-4-6. of a license, certificate, or registration that was (5) Complete such remediation and issued by the board that is three (3) years or less additional training as deemed appropriate by the delinquent must be reinstated upon meeting the board given the lapse of time involved. following requirements: (6) Any other requirement that is provided (1) Submission of the holder's completed for in statute or rule that is not related to fees. renewal application. As added by P.L.269-2001, SEC.5. Amended by (2) Payment of the current renewal fee P.L.206-2005, SEC.13; P.L.157-2006, SEC.20; established by the board under section 2 of this P.L.185-2007, SEC.6; P.L.197-2007, SEC.20; chapter. P.L.3-2008, SEC.180; P.L.105-2008, SEC.2; (3) Payment of a reinstatement fee P.L.122-2009, SEC.7; P.L.160-2009, SEC.9; established by the Indiana professional licensing P.L.1-2010, SEC.104; P.L.84-2010, SEC.15. agency. (4) If a law requires the holder to complete IC 25-1-8-7 Repealed continuing education as a condition of renewal, (Repealed by P.L.157-2006, SEC.76.) the holder: (A) shall provide the board with a sworn statement, signed by the holder, that the holder has fulfilled the continuing education
52 IC 25-1-8-8 Delaying reinstatement; the applicant has engaged in activity described in investigation; attorney general; petition; IC 25-1-9-4 or IC 25-1-11-5. If the office of the sanctions; invalid during investigation attorney general files a petition, the board shall Sec. 8. (a) As used in this section, "board" set the matter for a public hearing. If, after a has the meaning set forth in section 6(a) of this public hearing, the board finds that the applicant chapter. violated IC 25-1-9-4 or IC 25-1-11-5, the board (b) The licensing agency may delay reinstating may impose sanctions under IC 25-1-9-9 or a license, certificate, or registration for not more IC 25-1-11-12. The board may delay reinstating than ninety (90) days after the date the applicant a license, certificate, or registration beyond applies for reinstatement of a license, certificate, ninety (90) days after the date the applicant files or registration to permit the board to investigate an application for reinstatement of a license, information received by the licensing agency that certificate, or registration until a final the applicant for reinstatement may have determination is made by the board. committed an act for which the applicant may be (e) The license, certificate, or registration of disciplined. If the licensing agency delays the applicant for license reinstatement remains reinstating a license, certificate, or registration, invalid during the ninety (90) day period unless: the licensing agency shall notify the applicant (1) the license, certificate, or registration is that the applicant is being investigated. Except reinstated following a personal appearance by as provided in subsection (c), the board shall do the applicant before the board before the end of one (1) of the following before the expiration of the ninety (90) day period; the ninety (90) day period: (2) the board issues a conditional license to (1) Deny reinstatement of the license, the practitioner that is effective until the certificate, or registration following a personal reinstatement is denied or the license is appearance by the applicant before the board. reinstated; or (2) Reinstate the license, certificate, or (3) the reinstatement is denied. registration upon satisfaction of all other If the ninety (90) day period expires without requirements for reinstatement. action by the board, the license, certificate, or (3) Reinstate the license and file a registration shall be automatically reinstated at complaint under IC 25-1-7. the end of the ninety (90) day period. (4) Request the office of the attorney As added by P.L.197-2007, SEC.21. general to conduct an investigation under subsection (d) if, following a personal appearance by the applicant before the board, INDIANA CODE § 25-1-9 the board has good cause to believe that the applicant engaged in activity described in IC 25- IC 25-1-9 1-9-4 or IC 25-1-11-5. Chapter 9. Health Professions Standards (5) Upon agreement of the applicant and of Practice the board and following a personal appearance by the applicant before the board, reinstate the IC 25-1-9-1 "Board" defined license, certificate, or registration and place the Sec. 1. As used in this chapter, "board" applicant on probation status under IC 25-1-9-9 means any of the following: or (1) Board of chiropractic examiners (IC 25- IC 25-1-11-12. 10-1). (c) If an applicant fails to appear before the (2) State board of dentistry (IC 25-14-1). board under subsection (b), the board may take (3) Indiana state board of health facility action as provided in subsection (b)(1), (b)(2), or administrators (IC 25-19-1). (b)(3). (4) Medical licensing board of Indiana (IC (d) If the board makes a request under 25-22.5-2). subsection (b)(4), the office of the attorney (5) Indiana state board of nursing (IC 25-23- general shall conduct an investigation. Upon 1). completion of the investigation, the office of the (6) Indiana optometry board (IC 25-24). attorney general may file a petition alleging that (7) Indiana board of pharmacy (IC 25-26).
53 (8) Board of podiatric medicine (IC 25-29-2- 1). IC 25-1-9-3.5 "Sexual contact" defined (9) Speech-language pathology and Sec. 3.5. As used in this chapter, "sexual audiology board (IC 25-35.6-2). contact" means: (10) State psychology board (IC 25-33). (1) sexual intercourse (as defined in IC 35- (11) Indiana board of veterinary medical 41-1-26); examiners (IC 25-38.1-2). (2) deviate sexual conduct (as defined in (12) Indiana physical therapy committee (IC IC 35-41-1-9); or 25-27-1). (3) any fondling or touching intended to (13) Respiratory care committee (IC 25- arouse or satisfy the sexual desires of either the 34.5). individual performing the fondling or touching or (14) Occupational therapy committee (IC the individual being fondled or touched. 25-23.5). As added by P.L.200-2001, SEC.1. (15) Behavioral health and human services licensing board (IC 25-23.6). IC 25-1-9-4 Standards of professional (16) Physician assistant committee (IC 25- practice; findings required for sanctions; 27.5). evidence of foreign discipline (17) Indiana athletic trainers board (IC 25- Sec. 4. (a) A practitioner shall conduct the 5.1-2-1). practitioner's practice in accordance with the (18) Indiana dietitians certification board (IC standards established by the board regulating 25-14.5-2-1). the profession in question and is subject to the As added by P.L.152-1988, SEC.1. Amended by exercise of the disciplinary sanctions under P.L.242-1989, SEC.7; P.L.238-1989, SEC.7; section 9 of this chapter if, after a hearing, the P.L.186-1990, SEC.7; P.L.48-1991, SEC.20; board finds: P.L.227-1993, SEC.7; P.L.33-1993, SEC.14; (1) a practitioner has: P.L.213-1993, SEC.4; P.L.1-1994, SEC.122; (A) engaged in or knowingly cooperated P.L.124-1994, SEC.6; P.L.175-1997, SEC.6; in fraud or material deception in order to obtain a P.L.147-1997, SEC.10; P.L.84-1998, SEC.5; license to practice, including cheating on a P.L.24-1999, SEC.6; P.L.2-2008, SEC.59; licensing examination; P.L.122-2009, SEC.8; P.L.84-2010, SEC.16. (B) engaged in fraud or material deception in the course of professional services IC 25-1-9-2 "Practitioner" defined or activities; Sec. 2. As used in this chapter, "practitioner" (C) advertised services in a false or means an individual who holds: misleading manner; or (1) an unlimited license, certificate, or (D) been convicted of a crime or registration; assessed a civil penalty involving fraudulent (2) a limited or probationary license, billing practices, including fraud under: certificate, or registration; (i) Medicaid (42 U.S.C. 1396 et seq.); (3) a temporary license, certificate, (ii) Medicare (42 U.S.C. 1395 et seq.); registration, or permit; (iii) the children's health insurance (4) an intern permit; or program under IC 12-17.6; or (5) a provisional license; (iv) insurance claims; issued by the board regulating the profession in (2) a practitioner has been convicted of a question, including a certificate of registration crime that: issued under IC 25-20. (A) has a direct bearing on the As added by P.L.152-1988, SEC.1. practitioner's ability to continue to practice competently; or IC 25-1-9-3 "License" defined (B) is harmful to the public; Sec. 3. As used in this chapter, "license" (3) a practitioner has knowingly violated any includes a license, certificate, registration, or state statute or rule, or federal statute or permit. regulation, regulating the profession in question; As added by P.L.152-1988, SEC.1. (4) a practitioner has continued to practice
54 although the practitioner has become unfit to maintenance organization any sums that are practice due to: owed by the health maintenance organization; or (A) professional incompetence that: (13) a practitioner has assisted another (i) may include the undertaking of person in committing an act that would be professional activities that the practitioner is not grounds for disciplinary sanctions under this qualified by training or chapter. experience to undertake; and (b) A practitioner who provides health care (ii) does not include activities services to the practitioner's spouse is not performed under IC 16-21-2-9; subject to disciplinary action under subsection (B) failure to keep abreast of current (a)(11). professional theory or practice; (c) A certified copy of the record of disciplinary (C) physical or mental disability; or action is conclusive evidence of the other (D) addiction to, abuse of, or severe jurisdiction's disciplinary action under subsection dependency upon alcohol or other drugs that (a)(7). endanger the public by impairing a practitioner's As added by P.L.152-1988, SEC.1. Amended by ability to practice safely; P.L.2-1993, SEC.136; P.L.149-1997, SEC.7; (5) a practitioner has engaged in a course P.L.22-1999, SEC.4; P.L.200-2001, SEC.2; of lewd or immoral conduct in connection with P.L.203-2001, SEC.3; P.L.1-2002, SEC.96; the delivery of services to the public; P.L.197-2007, (6) a practitioner has allowed the SEC.22. practitioner's name or a license issued under this chapter to be used in connection with an IC 25-1-9-5 Optometry employment practice individual who renders services beyond the Sec. 5. In addition to section 4 of this chapter, scope of that individual's training, experience, or a practitioner licensed to practice optometry is competence; subject to the exercise of disciplinary sanctions (7) a practitioner has had disciplinary action under section 9 of this chapter if, after a hearing, taken against the practitioner or the practitioner's the board finds a practitioner has accepted license to practice in any state or jurisdiction on employment to practice optometry from a person grounds similar to those under this chapter; other than: (8) a practitioner has diverted: (1) a corporation formed by an optometrist (A) a legend drug (as defined in IC 16-18- under IC 23-1.5; or 2-199); or (2) an individual who is licensed as an (B) any other drug or device issued under optometrist under this article and whose legal a drug order (as defined in IC 16-42-19-3) for residence is in Indiana. another person; As added by P.L.152-1988, SEC.1. (9) a practitioner, except as otherwise provided by law, has knowingly prescribed, sold, IC 25-1-9-6 Veterinary practitioners; cruelty to or administered any drug classified as a narcotic, animals addicting, or dangerous drug to a habitue or Sec. 6. In addition to section 4 of this chapter, addict; a practitioner licensed to practice veterinary (10) a practitioner has failed to comply with medicine or registered as a veterinary technician an order imposing a sanction under section 9 of is subject to the exercise of the disciplinary this chapter; sanctions under section 9 of this chapter if, after (11) a practitioner has engaged in sexual a hearing, the board finds a practitioner has contact with a patient under the practitioner's engaged in cruelty to animals. care or has used the practitioner-patient As added by P.L.152-1988, SEC.1. relationship to solicit sexual contact with a patient under the practitioner's care; (12) a practitioner who is a participating IC 25-1-9-6.5 Chiropractors; waiver of provider of a health maintenance organization deductible or copayment has knowingly collected or attempted to collect Sec. 6.5. (a) In addition to section 4 of this from a subscriber or enrollee of the health chapter, a practitioner licensed to practice
55 chiropractic is subject to the exercise of the guardian, or custodian, knowingly participated in disciplinary sanctions under section 9 of this the child's removal or precipitated others to chapter if, after a hearing, the board regulating remove a child from the child's home unless: the profession finds a practitioner has: (A) the child's physical health was (1) waived a payment of a deductible or a endangered due to injury as a result of the act or copayment required to be made to the omission of the child's parent, guardian, or practitioner by a patient under the patient's custodian; insurance or health care plan; and (B) the child had been or was in danger (2) advertised the waiver of a payment of being a victim of an offense under IC 35-42-4, described in subdivision (1). IC 35-45-4-1, IC 35-45-4-2, IC 35-46-1-3, IC 35- (b) This section does not apply to the waiver of 49-2-2, or IC 35-49-3-2; or a deductible or a copayment by a practitioner if: (C) the child was in danger of serious (1) the practitioner determines chiropractic bodily harm as a result of the inability, refusal, or service is necessary for the immediate health neglect of the child's parent, guardian, or and welfare of a patient; custodian to supply the child with necessary (2) the practitioner determines the payment food, shelter, or medical care, and a court order of a deductible or a copayment would create a was first obtained; substantial financial hardship for the patient; and (5) willfully made or filed a false report or (3) the waiver is based on the evaluation of record, failed to file a report or record required by the individual patient and is not a regular law, willfully impeded or obstructed the filing of a business practice of the practitioner. report or record, or induced another individual to: As added by P.L.151-1989, SEC.9. (A) make or file a false report or record; or IC 25-1-9-6.7 Marriage and family therapists; (B) impede or obstruct the filing of a disciplinary sanctions report or record; or Sec. 6.7. In addition to the actions listed (6) performed a diagnosis (as defined in under section 4 of this chapter that subject a IC 25-22.5-1-1.1(c)); practitioner to the exercise of disciplinary (7) provided evidence in an administrative sanctions, a practitioner who is licensed under or judicial proceeding that had insufficient factual IC 25-23.6 is subject basis for the conclusions rendered by the to the exercise of disciplinary sanctions under practitioner; section 9 of this chapter if, after a hearing, the (8) willfully planted in the mind of the patient board regulating the profession finds that the suggestions that are not based in facts known to practitioner has: the practitioner; or (1) performed any therapy that, by the (9) performed services outside of the scope prevailing standards of the mental health of practice of the license issued under IC 25- professions in the community where the services 23.6. were provided, would constitute experimentation As added by P.L.147-1997, SEC.11. Amended on human subjects, without first obtaining full, by P.L.2-1998, SEC.65. informed, and written consent; (2) failed to meet the minimum standards of IC 25-1-9-6.8 Practitioner guidelines before performance in professional activities when prescribing stimulant medication for measured against generally prevailing peer a child for treatment of certain disorders performance in professional activities, including Sec. 6.8. (a) This section applies to a the undertaking of activities that the practitioner practitioner who is: is not qualified by training or experience to (1) licensed to practice medicine or undertake; osteopathic medicine under IC 25-22.5; or (3) performed services, including any duties (2) an advanced practice nurse granted required of the individual under IC 31, in reckless prescriptive authority under IC 25-23, and whose disregard of the best interests of a patient, a practice agreement with a collaborating client, or the public; physician reflects the conditions specified in (4) without the consent of the child's parent, subsection (b).
56 (b) Before prescribing a stimulant medication finds that a practitioner is subject to disciplinary for a child for the treatment of attention deficit sanctions under section 4, 5, 6, 6.7, or 6.9 of this disorder or attention deficit hyperactivity disorder, chapter or IC 25-1-5-4: a practitioner described in subsection (a) shall (1) Permanently revoke a practitioner's follow the most recent guidelines adopted by the license. American Academy of Pediatrics or the American (2) Suspend a practitioner's license. Academy of Child and Adolescent Psychiatry for (3) Censure a practitioner. the diagnosis and evaluation of a child with (4) Issue a letter of reprimand. attention deficit disorder or attention deficit (5) Place a practitioner on probation status hyperactivity disorder. and require the practitioner to: As added by P.L.107-2002, SEC.28. (A) report regularly to the board upon the matters that are the basis of probation; IC 25-1-9-6.9 Failing to provide or providing (B) limit practice to those areas false information to agency prescribed by the board; Sec. 6.9. In addition to the actions listed (C) continue or renew professional under section 4 of this chapter that subject a education under a preceptor, or as otherwise practitioner to disciplinary sanctions, a directed or approved by the board, until a practitioner is subject to the exercise of satisfactory degree of skill has been attained in disciplinary sanctions under section 9 of this those areas that are the basis of the probation; chapter if, after a hearing, the board finds that or the practitioner has: (D) perform or refrain from performing (1) failed to provide information requested any acts, including community restitution or by the Indiana professional licensing agency; or service without compensation, that the board (2) knowingly provided false information to considers appropriate to the public interest or to the Indiana professional licensing agency; the rehabilitation or treatment of the practitioner. for a provider profile required under IC 25-1-5- (6) Assess a fine against the practitioner in 10. an amount not to exceed one thousand dollars As added by P.L.211-2001, SEC.2. Amended by ($1,000) for each violation listed in section 4 of P.L.206-2005, SEC.14. this chapter, except for a finding of incompetency due to a physical or mental disability. When IC 25-1-9-7 Physical or mental examination; imposing a fine, the board shall consider a power to require practitioner's ability to pay the amount assessed. Sec. 7. The board may order a practitioner to If the practitioner fails to pay the fine within the submit to a reasonable physical or mental time specified by the board, the board may examination, at the practitioner's own expense, if suspend the practitioner's license without the practitioner's physical or mental capacity to additional proceedings. However, a suspension practice safely is at issue in a disciplinary may not be imposed if the sole basis for the proceeding. suspension is the practitioner's inability to pay a As added by P.L.152-1988, SEC.1. Amended by fine. P.L.158-2003, SEC.2. (b) The board may withdraw or modify the probation under subsection (a)(5) if it finds, after IC 25-1-9-8 Failure to submit to physical or a hearing, that the deficiency that required mental examination; sanctions disciplinary action has been remedied, or that Sec. 8. Failure to comply with a board order changed circumstances warrant a modification of to submit to a physical or mental examination the order. makes a practitioner liable to summary As added by P.L.152-1988, SEC.1. Amended by suspension under section 10 of this chapter. P.L.48-1991, SEC.21; P.L.22-1999, SEC.5; As added by P.L.152-1988, SEC.1. P.L.32-2000, SEC.10; P.L.211-2001, SEC.3.
IC 25-1-9-9 Disciplinary sanctions Sec. 9. (a) The board may impose any of the following sanctions, singly or in combination, if it
57 IC 25-1-9-1 Summary license suspension suspension under this chapter. pending final adjudication; notice; As added by P.L.43-1995, SEC.3. opportunity to be heard Sec. 10. (a) The board may summarily IC 25-1-9-11 Reinstatement of suspended suspend a practitioner's license for ninety (90) licenses days before a final adjudication or during the Sec. 11. The board may reinstate a license appeals process if the board finds that a which has been suspended under this chapter if, practitioner represents a clear and immediate after a hearing, the board is satisfied that the danger to the public health and safety if the applicant is able to practice with reasonable skill practitioner is allowed to continue to practice. and safety to the public. As a condition of The summary suspension may be renewed upon reinstatement, the board may impose disciplinary a hearing before the board, and each renewal or corrective measures authorized under this may be for ninety (90) days or less. chapter. (b) Before the board may summarily suspend As added by P.L.152-1988, SEC.1. a license that has been issued under IC 25-22.5, IC 25-38.1, or IC 25-14, the consumer protection IC 25-1-9-12 Reinstatement of revoked license division of the attorney general's office shall Sec. 12. The board may not reinstate a make a reasonable attempt to notify a license that has been revoked under this practitioner of a hearing by the board to suspend chapter. An individual whose license has been a practitioner's license and of information revoked under this chapter may not apply for a regarding the allegation against the practitioner. new license until seven (7) years after the date of The consumer protection division of the attorney revocation. general's office shall also notify the practitioner As added by P.L.152-1988, SEC.1. that the practitioner may provide a written or an oral statement to the board on the practitioner's IC 25-1-9-13 Consistency of sanctions behalf before the board issues an order for prescribed summary suspension. A reasonable attempt to Sec. 13. The board shall seek to achieve reach the practitioner is made if the consumer consistency in the application of the sanctions protection division of the attorney general's office authorized in this section. Significant departures attempts to reach the practitioner by telephone or from prior decisions involving similar conduct facsimile at the last telephone number of the must be explained in the board's findings or practitioner on file with the board. orders. (c) After a reasonable attempt is made to As added by P.L.152-1988, SEC.1. notify a practitioner under subsection (b): (1) a court may not stay or vacate a IC 25-1-9-14 Surrender of practitioners summary suspension of a practitioner's license license instead of hearing; approval for the sole reason that the practitioner was not Sec. 14. A practitioner may petition the board notified; and to accept the surrender of the practitioner's (2) the practitioner may not petition the license instead of a hearing before the board. board for a delay of the summary suspension The practitioner may not surrender the proceedings. practitioner's license without the written approval As added by P.L.152-1988, SEC.1. Amended by of the board, and the board may impose any P.L.43-1995, SEC.2; P.L.71-2000, SEC.18; conditions appropriate to the surrender or P.L.2-2008, SEC.60. reinstatement of a surrendered license. As added by P.L.152-1988, SEC.1. IC 25-1-9-10.1 Retention of clinical consultants and experts to advise on IC 25-1-9-15 Costs in disciplinary suspension proceedings Sec. 10.1. The attorney general may retain Sec. 15. Practitioners who have been the services of a clinical consultant or an expert subjected to disciplinary sanctions may be to provide the attorney general with advice required by a board to pay for the costs of the concerning the acts that are the subject of a proceeding. The practitioner's ability to pay shall
58 be considered when costs are assessed. If the (5) Perform or refrain from performing an practitioner fails to pay the costs, a suspension act that the board considers appropriate to the may not be imposed solely upon the public interest or to the rehabilitation or treatment practitioner's inability to pay the amount of the applicant. assessed. These costs are limited to costs for (d) The board shall remove any limitations the following: placed on a probationary license under this (1) Court reporters. section if the board finds after a hearing that the (2) Transcripts. deficiency that required disciplinary action has (3) Certification of documents. been remedied. (4) Photoduplication. As added by P.L.33-1993, SEC.15. Amended by (5) Witness attendance and mileage fees. P.L.32-2000, SEC.11; P.L.197-2007, SEC.23. (6) Postage. (7) Expert witnesses. IC 25-1-9-17 Applicant appearance before (8) Depositions. board (9) Notarizations. Sec. 17. The board may require an applicant (10) Administrative law judges. for licensure to appear before the board before As added by P.L.152-1988, SEC.1. Amended by issuing a license. P.L.158-2003, SEC.3. As added by P.L.33-1993, SEC.16. Amended by P.L.84-2010, SEC.17. IC 25-1-9-16 Refusal of licensure or grant of probationary license IC 25-1-9-18 Fitness determination of health Sec. 16. (a) The board may refuse to issue a care provider; filing complaint license or may issue a probationary license to an Sec. 18. (a) If the insurance commissioner applicant for licensure if: forwards to the board the name of a practitioner (1) the applicant has been disciplined by a under IC 34-18-9-4(a) (or IC 27-12-9-4(a) before licensing entity of any state or jurisdiction, or has its repeal), the board shall consider whether: committed an act that would have subjected the (1) the practitioner has become unfit to applicant to the disciplinary process had the practice under section 4 of this chapter; and applicant been licensed in Indiana when the act (2) a complaint should be filed under IC 25- occurred; and 1-7-4. (2) the violation for which the applicant was, (b) If the board determines that a complaint or could have been, disciplined has a direct should be filed under subsection (a), the board bearing on the applicant's ability to competently must report to the consumer protection division practice in Indiana. whether the board will schedule the matter: (b) The board may: (1) for informal negotiation under IC 25-1-7- (1) refuse to issue a license; or 6; (2) issue a probationary license; (2) on the board's agenda for a vote to an applicant for licensure if the applicant requesting that the attorney general prosecute practiced without a license in violation of the law. the matter before the board under IC 25-1-7-7; or (c) Whenever the board issues a probationary (3) on the board's agenda for a vote on license, the board may impose one (1) or more summary suspension of the practitioner's license of the following conditions: pending prosecution of the matter before the (1) Report regularly to the board upon the board under IC 25-1-7-7. matters that are the basis of the discipline of the (c) A board may designate a board member or other state or jurisdiction. staff member to act on behalf of the board under (2) Limit practice to those areas prescribed this section. by the board. (3) Continue or renew professional As added by P.L.43-1995, SEC.4. Amended by education. P.L.1-1998, SEC.131. (4) Engage in community restitution or IC 25-1-9-19 service without compensation for a number of Third party billing notice hours specified by the board. Sec. 19. A practitioner that provides to a
59 patient notice concerning a third party billing for a health care service provided to the patient shall IC 25-1-12-2 "Active duty" defined ensure that the notice: Sec. 2. As used in this chapter, "active duty" (1) conspicuously states that the notice is means full-time service in the: not a bill; (1) armed forces of the United States; or (2) does not include a tear-off portion; and (2) national guard; (3) is not accompanied by a return mailing for a period that exceeds thirty (30) consecutive envelope. days in a calendar year. As added by P.L.178-2003, SEC.12. As added by P.L.88-2004, SEC.2.
IC 25-1-9-20 Authority to adopt rules IC 25-1-12-3 "Armed forces of the United Sec. 20. The board may adopt rules under States" defined IC 4-22-2, including emergency rules under IC 4- Sec. 3. As used in this chapter, "armed forces 22-2-37.1, to establish procedures to expedite of the United States" means the active or reserve the issuance or renewal of a: components of: (1) license; (1) the Army; (2) certificate; (2) the Navy; (3) registration; or (3) the Air Force; (4) permit; (4) the Coast Guard; of a person whose spouse serves on active duty (5) the Marine Corps; or (as defined in IC 25-1-12-2) and is assigned to a (6) the Merchant Marine. duty station in Indiana. As added by P.L.88-2004, SEC.2. Amended by As added by P.L.144-2007, SEC.25. P.L.2-2005, SEC.64.
IC 25-1-9-21 Rules; management and IC 25-1-12-4 "National guard" defined disposition of health records Sec. 4. As used in this chapter, "national Sec. 21. The board may adopt rules under guard" means: IC 4-22-2 to establish requirements for the (1) the Indiana army national guard; or management and disposition of health records (2) the Indiana air national guard. (as defined in IC 16-18-2-168) on the As added by P.L.88-2004, SEC.2. discontinuation of practice by: (1) sale; IC 25-1-12-5 "Practitioner" defined (2) transfer; Sec. 5. As used in this chapter, "practitioner" (3) closure; means an individual who holds: (4) disciplinary action; (1) an unlimited license, certificate, or (5) retirement; or registration; (6) death; (2) a limited or probationary license, of the practitioner. certificate, or registration; As added by P.L.177-2009, SEC.16. (3) a temporary license, certificate, registration, or permit; IC 25-1-12 (4) an intern permit; or Chapter 12. Renewal of Licenses Held by (5) a provisional license; Individuals in Military Service issued under this title, IC 16, or IC 22. As added by P.L.88-2004, SEC.2. Amended by IC 25-1-12-1 Applicability of chapter P.L.2-2008, SEC.62. Sec. 1. This chapter applies to an individual who: IC 25-1-12-6 Extension to renew license or (1) holds a license, certificate, registration, complete continuing education; requirements or permit under this title, IC 16, or IC 22; and for extension; additional extensions (2) is called to active duty. Sec. 6. (a) Notwithstanding any other law, a As added by P.L.88-2004, SEC.2. Amended by practitioner who is called to active duty out of P.L.2-2008, SEC.61. state and meets the requirements of subsection
60 (b) is entitled to an extension of time described in subsection (c) to: IC 25-1-12-7 Waiver of late fees (1) renew; and Sec. 7. Any late fees that may be assessed (2) complete the continuing education against a practitioner in connection with a required by; renewal under this chapter are waived. the practitioner's license, certificate, registration, or permit. As added by P.L.88-2004, SEC.2. (b) The practitioner must meet the following requirements to receive the extension of time IC 25-1-12-8 Construction with federal law provided under subsection (a): Sec. 8. This chapter may not be construed as (1) On the date the practitioner enters active a restriction or limitation on any of the rights, duty, the practitioner's license, certificate, benefits, and protections granted to a member registration, or permit may not be revoked, of: suspended, lapsed, or be the subject of a (1) the armed forces of the United States; or complaint under IC 25-1-7. (2) the national guard; (2) The practitioner's license, certificate, under federal law. registration, or permit must expire while the As added by P.L.88-2004, SEC.2. practitioner is out of state on active duty, and the practitioner must not have received the notice of IC 25-1-14 expiration before the date the practitioner Chapter 14. Meetings entered active duty. IC 25-1 14-1 Applicability (3) The practitioner shall provide proof of out of state active duty by providing a copy of the Sec. 1. This section applies to a meeting of a practitioner's: board, committee, or commission listed in IC 25- (A) discharge; or 1-5-3 or IC 25-1-6-3. (B) government movement orders; As added by P.L.179-2007, SEC.14. to the agency, board, commission, or committee issuing the practitioner's license, IC 25-1-14-2 Participation by member not certificate, registration, or permit at the time the physically present at meeting practitioner renews the practitioner's license, Sec. 2. (a) A member of a board, committee, certificate, registration, or permit under this or commission may participate in a meeting of chapter. the board, committee, or commission: (c) The extension of time provided under (1) except as provided in subsection (b), at subsection (a) is equal to one hundred eighty which at least a quorum is physically present at (180) days after the date of the practitioner's the place where the meeting is conducted; and discharge or release from active duty. (2) by using a means of communication that (d) The agency, board, commission, or permits: committee that issued the practitioner's license, (A) all other members participating in the certificate, registration, or permit may extend the meeting; and period provided in subsection (c) if the agency or (B) all members of the public physically board determines that an illness, an injury, or a present at the place where the meeting is disability related to the practitioner's active duty conducted; prevents the practitioner from renewing or to simultaneously communicate with each completing the continuing education required for other during the meeting. the practitioner's license, certificate, registration, (b) A member of a board, committee, or or permit. However, the agency, board, commission may participate in an emergency commission, or committee may not extend the meeting of the board, committee, or commission period for longer than three hundred sixty-five to consider disciplinary sanctions under IC 25-1- (365) days after the date of the practitioner's 9-10 or IC 25-1-11-13 by using a means of discharge or release from active duty. communication that permits: As added by P.L.88-2004, SEC.2. Amended by (1) all other members participating in the P.L.2-2005, SEC.65. meeting; and
61 (2) all members of the public physically (1) Athletic trainer. present at the place where the meeting is (2) Chiropractor. conducted; (3) Dentist. to simultaneously communicate with each other (4) Dietitian. during the meeting. (5) Marriage and family therapist. (c) A member who participates in a meeting (6) Massage therapist. under subsection (b): (7) Mental health counselor. (1) is considered to be present at the (8) Nurse. meeting; (9) Occupational therapist. (2) shall be counted for purposes of (10) Optometrist. establishing a quorum; and (11) Physical therapist. (3) may vote at the meeting. (12) Physician. As added by P.L.179-2007, SEC.14. Amended (13) Physician assistant. by P.L.105-2008, SEC.3; P.L.160-2009, SEC.11; (14) Podiatrist. P.L.113-2010, SEC.104. (15) Psychologist. (16) Respiratory care practitioner. IC 25-1-14-3 Member considered present (17) Social worker. Sec. 3. A member who participates in a As added by P.L.177-2009, SEC.18. meeting under section 2 of this chapter: (1) is considered to be present at the IC 25-1-15-3 Exemption meeting; Sec. 3. (a) A practitioner licensed in another (2) shall be counted for purposes of state, territory, or jurisdiction of the United States establishing a quorum; and or of any nation or foreign jurisdiction is exempt (3) may vote at the meeting. from the requirements of licensure under this As added by P.L.179-2007, SEC.14. title, if the practitioner: IC 25-1-14-4 (1) holds an active license to practice the Meeting memoranda requirements profession in question in the other jurisdiction; Sec. 4. The memoranda of the meeting (2) engages in the active practice of the prepared under IC 5-14-1.5-4 must state the profession in which the practitioner is licensed in name of: the other jurisdiction; and (1) each member who was physically (3) is employed or designated as the present at the place where the meeting was athletic or sports organization's practitioner by an conducted; athletic or sports organization visiting Indiana for (2) each member who participated in the a specific sporting event. meeting by using a means of communication (b) A practitioner's practice under this section described in section 2 of this chapter; and is limited to the members, coaches, and staff of (3) each member who was absent. the athletic or sports organization that employs As added by P.L.179-2007, SEC.14. or designates the practitioner. (c) A practitioner practicing in Indiana under IC 25-1-15 the authority of this Chapter 15. Exemptions for Athletic section: Organization Practitioners Licensed in Other (1) does not have practice privileges in any Jurisdictions licensed hospital or health care facility; and (2) is not authorized to issue orders or IC 25-1-15-1 License prescriptions or to order testing at a medical Sec. 1. As used in this chapter, "license" facility; includes a license, certificate, or registration. in Indiana. As added by P.L.177-2009, SEC.18. (d) A practitioner's practice under this section may not exceed thirty (30) consecutive days for a IC 25-1-15-2 Practitioner specific event. Sec. 2. As used in this chapter, "practitioner" As added by P.L.177-2009, SEC.18. refers to any of the following:
62 TITLE 848. INDIANA STATE BOARD OF (7) "Clinical preceptor" means an individual NURSING employed by the cooperating agency who also has the responsibility to supervise one (1) NOTE: Originally adopted by the Board of student at a time in the clinical facility. Nurses' Registration and Nursing Education. (8) "Controlling organization" means the agency Name changed by P.L.169-1985, SECTION 67 that assumes the responsibility for overall (IC 25-23-1-2), effective July 1, 1985. administration of the program. (9) "Cooperating agency" means an institution that cooperates with the nursing program to ARTICLE 1. Registered Nurses and Practical provide facilities for the clinical experiences of Nurses students. (10) "Curriculum" means the whole body of Rule 1. Definitions; Administration courses offered in the nursing program. (11) "Deeming authority" means a recognized 848 IAC 1-1-1 Evaluation of credentials accrediting organization that has been approved (Repealed) to conduct accreditation surveys and issue Sec. 1. (Repealed by Indiana State Board of accreditation decisions of acute care hospitals by Nursing; filed Mar 18, 1980, 4:00 pm: 3 IR 964) the Center for Medicare and Medicaid Services (CMS). 848 IAC 1-1-2 Definitions (Repealed) (12) "Diploma program" means an educational Sec. 2. (Repealed by Indiana State Board of program leading to a diploma in registered Nursing; filed Jul 30, 1998, 4:59 p.m.: 21 IR nursing. 4534) (13) "Director" means the registered nurse who is delegated responsibility for the implementation 848 IAC 1-1-2.1 Definitions and administration of the nursing program Authority: IC 25-23-1-7 regardless of the official title in any specific Affected: IC 25-23-1-1 institution. Sec. 2.1. The following definitions apply (14) "Enroll" means to matriculate and attend a throughout this article: class or course for the purpose of receiving (1) "Approved" or "accredited", terms used credit. interchangeably, means those programs that (15) "Faculty" means individuals employed to have met requirements of the board. The term administer and to teach in the educational also includes approval granted by voluntary, program. regional, and other state agencies. (16) "May" indicates discretionary use. (2) "Associate degree program" means an (17) "Practical nursing program" means an educational program leading to an associate educational program leading to a diploma or degree in nursing, conducted by an educational certificate in practical nursing conducted by an unit in nursing, within the structure of a college or educational institution or hospital. university. (18) "Primary state of residence" means the state (3) "Audit" means attending a class or course of an individual's declared fixed permanent and without receiving credit. principal home for legal purposes; domicile. (4) "Baccalaureate degree program" means an (19) "Program" means the curriculum and all the educational program leading to a baccalaureate supporting activities organized independently, degree in nursing conducted by an educational under an educational institution or hospital, to unit in nursing within the structure of a senior prepare students for nursing licensure and the college or university. practice of nursing. (5) "Board" means the Indiana state board of (20) "Rate of successful completion" means the nursing. annual number of first time U.S. educated and (6) "Clinical experience" means the learning U.S. territory candidates who successfully experiences provided in facilities appropriate to complete the National Council Licensure the curriculum objectives. examination and is computed annually from January 1 through December 31.
63 (21) "Rule" or "requirement" means a mandatory registered nurse applicant meets the standard, which a program shall meet in order to requirements of IC 25-23-1-11 and the licensed be accredited. practical nurse applicant meets the requirements (22) "Shall" indicates a mandatory rule, of IC 25-23-1-12. regulation, or requirement. (b) A copy of a marriage certificate or court order (23) "Should" indicates a recommendation. shall be submitted by a candidate who wishes to (24) "Survey visit" means an on-site visit of a change her or his name after the application is nursing program, including clinical facilities by a filed. designated representative of the board for the (c) Candidates shall present the authorization to purpose of evaluating the program of learning. test and a photo identification for entrance to the (Indiana State Board of Nursing; 848 IAC 1-1- testing center. 2.1; filed Jul 30, 1998, 4:59 p.m.: 21 IR 4525; (d) The required Indiana passing criteria for the readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR licensure examination is set by the National 939; filed Jun 23, 2003, 4:12 p.m.: 26 IR 3652, Council of State Boards of Nursing using the eff Jul 1, 2003 [IC 4-22-2-36 suspends the computerized adaptive testing methodology. effectiveness of a rule document for thirty (30) (e) An applicant may take the examination at any days after filing with the secretary of state. LSA testing center in the United States approved by Document #02-247 was filed Jun 23, 2003.]; filed the National Council for State Boards of Nursing. Sep 13, 2004, 9:45 a.m.: 28 IR 593; readopted An authorization to test must be provided by the filed Jul 19, 2007, 12:54 p.m.: 20070808-IR- Indiana board before testing. 848070058RFA) (f) Graduates of foreign schools of nursing shall meet the following qualifications before being 848 IAC 1-1-3 Accreditation (Repealed) licensed in Indiana: Sec. 3. (Repealed by Indiana State Board of (1) Be licensed in the territory or country in which Nursing; filed Jul 30, 1998, 4:59 p.m.: 21 IR they graduated. 4534) (2) Meet the qualifications required in Indiana as determined by the board. 848 IAC 1-1-4 Criteria for accreditation (3) Obtain the official records from the territory or (Repealed) country in which the applicant graduated Sec. 4. (Repealed by Indiana State Board of verifying academic qualifications or be referred to Nursing; filed Jul 30, 1998, 4:59 p.m.: 21 IR state accredited nursing programs to establish 4534) the necessary credits if the original records are unobtainable. 848 IAC 1-1-5 Appeals (4) Show evidence of having passed the Authority: IC 25-23-1-7 examination prepared by the commission on Affected: IC 4-21.5 graduates of foreign nursing schools. Sec. 5. Appeals before the Indiana state board of (5) Pass the appropriate nurse licensing nursing are governed by the Indiana examination in Indiana. Administrative Orders and Procedures Act (g) Requirements for unsuccessful candidates (AOPA) under IC 4-21.5. are as follows: (Indiana State Board of Nursing; Reg 5; filed Jul (1) Any candidate who fails the Indiana licensing 18, 1977, 8:55 a.m.: Rules and Regs. 1978, p. examination shall not be licensed until she or he 611; readopted filed Nov 21, 2001, 10:23 a.m.: has passed the licensing examination. 25 IR 1326; readopted filed Jul 19, 2007, 12:54 (2) A complete application shall be submitted p.m.: 20070808-IR-848070058RFA) each time an examination is taken. (3) The full examination fee shall be charged for 848 IAC 1-1-6 Licensure by examination each reexamination. Authority: IC 25-23-1-7 (4) A candidate who has failed the licensing Affected: IC 25-23-1-11; IC 25-23-1-12 examination (in any jurisdiction) should Sec. 6. (a) Any person who makes application to undertake a special study program before the board for a license shall submit to the board retaking the examination. This study program written evidence, verified by oath, that the may include one (1) or all of the following:
64 (A) Auditing nursing courses at an approved (B) a state approved program in practical program in nursing. nursing. (B) A self-study program, such as review of (b) An applicant for licensure as a registered course work or professional reading. nurse who was originally licensed by the (C) Tutoring. NCLEX® or the SBTPE in another jurisdiction (D) Reenrollment in a state-accredited program will be accepted for registration in Indiana by of nursing. endorsement from the board that granted the (h) Written informed consent from the candidate original license if the applicant meets the is necessary before individual licensing following qualifications: examination scores are released to anyone other (1) Is of good moral character. than the candidate. (2) Has graduated from: (i) Candidates applying for the practical nursing (A) high school or the equivalent thereof; and licensing examination shall be required to meet (B) a state approved program in registered the board's curricular requirements for the nursing. program in practical nursing as stated in the (c) Applicants who are graduates of foreign rules in effect at the time of their graduation. schools of nursing are eligible for Indiana Candidates applying for the registered nursing practical nursing licensure by endorsement licensing examination shall be required to meet provided that the following conditions are met: the board's curricular requirements for the (1) Have: program in registered nursing as stated in the (A) written and passed the NCLEX® or the rules in effect at the time of their graduation. SBTPE in another jurisdiction or country; and (Indiana State Board of Nursing; Reg 6; filed Mar (B) achieved Indiana's passing scores in all 1, 1978, 8:51 a.m.: Rules and Regs. 1979, p. areas. 162; filed Mar 18, 1980, 4:00 p.m.: 3 IR 961; filed (2) Submit: Feb 18, 1982, 2:18 p.m.: 5 IR 735; filed Mar 29, (A) copies of all scholastic records; and 1985, 10:43 a.m.: 8 IR 1026; filed Sep 12, 1985, (B) proof of: 3:27 p.m.: 9 IR 287; readopted filed Nov 21, (i) good moral character; 2001, 10:23 a.m.: 25 IR 1326; filed Jun 23, 2003, (ii) high school graduation or equivalent thereof; 4:12 p.m.: 26 IR 3653, eff Jul 1, 2003 [IC 4-22-2- and 36 suspends the effectiveness of a rule (iii) having graduated from a program that meets document for thirty (30) days after filing with the the board's curricular requirements for a program secretary of state. LSA Document #02-247 was in practical nursing as stated in the rules in effect filed Jun 23, 2003.]; filed Mar 16, 2005, 11:50 at the time of their graduation with concurrent a.m.: 28 IR 2383; readopted filed Jul 19, 2007, theory and clinical experience in all areas. 12:54 p.m.: 20070808-IR-848070058RFA) (d) Applicants who are graduates of foreign schools of nursing are eligible for Indiana 848 IAC 1-1-7 Licensure by endorsement registered nursing licensure by endorsement Authority: IC 25-23-1-7 provided that the following conditions are met: Affected: IC 25-23-1-11; IC 25-23-1-12 (1) Have: Sec. 7. (a) An applicant for licensure as a (A) written and passed the NCLEX® or the practical nurse who was originally licensed by SBTPE in another jurisdiction or country; the National Council Licensing Examination (B) achieved Indiana's passing scores in all (NCLEX®) or the State Board Test Pool areas; and Examination (SBTPE) in another jurisdiction will (C) licensure in another jurisdiction. be accepted for registration in Indiana by (2) Submit: endorsement from the board that granted the (A) copies of all scholastic records; and original license if the applicant meets the (B) proof of: following qualifications: (i) good moral character; (1) Is of good moral character. (ii) high school graduation or equivalent thereof; (2) Has graduated from: and (A) high school or the equivalent thereof; and (iii) having graduated from a program that meets the board's curricular requirements for a program
65 in registered nursing as stated in the rules in Sec. 10. (a) The licensee shall report, in writing, effect at the time of their graduation with on the form supplied by the board, the loss of the concurrent theory and clinical experience in all original certificate of licensure or the biennial areas. renewal license. (e) The completed application accompanied by (b) A license that has been lost or destroyed the fee, photograph, and proof of current shall be replaced upon proper identification of licensure in another jurisdiction shall be the registrant. submitted to the Indiana board of nursing. The (Indiana State Board of Nursing; Reg 10; filed fee is nonrefundable. Mar 1, 1978, 8:51 a.m.: Rules and Regs. 1979, (Indiana State Board of Nursing; Reg 7; filed Mar p. 166; filed Mar 29, 1985, 10:43 a.m.: 8 IR 1028; 1, 1978, 8:51 a.m.: Rules and Regs. 1979, p. readopted filed Nov 21, 2001, 10:23 a.m.: 25 IR 165; filed Mar 18, 1980, 4:00 p.m.: 3 IR 963; filed 1328; readopted filed Jul 19, 2007, 12:54 p.m.: Mar 29, 1985, 10:43 a.m.: 8 IR 1028; readopted 20070808-IR-848070058RFA) filed Nov 21, 2001, 10:23 a.m.: 25 IR 1327; filed Jun 23, 2003, 4:12 p.m.: 26 IR 3654, eff Jul 1, 848 IAC 1-1-11 Name change 2003 [IC 4-22-2-36 suspends the effectiveness Authority: IC 25-23-1-7 of a rule document for thirty (30) days after filing Affected: IC 25-23-1-7; IC 25-23-1-16.1 with the secretary of state. LSA Document #02- Sec. 11. CHANGE OF NAME. (11.1) If a change 247 was filed Jun 23, 2003.]; filed Mar 16, 2005, of name is requested, licensee shall submit a 11:50 a.m.: 28 IR 2384; readopted filed Jul 19, copy of a marriage certificate or court order. 2007, 12:54 p.m.: 20070808-IR-848070058RFA) Licensees may maintain the legal name of preference. 848 IAC 1-1-8 Renewal of license (Indiana State Board of Nursing; Reg 11; filed Authority: IC 25-23-1-7 Mar 1, 1978, 8:51 am: Rules and Regs. 1979, p. Affected: IC 25-23-1-16.1 166; readopted filed Nov 6, 2001, 4:18 p.m.: 25 Sec. 8. (8.1) The application form and IR 939; readopted filed Jul 19, 2007, 12:54 p.m.: instructions for renewal of the license to practice 20070808-IR-848070058RFA) nursing will be mailed in odd numbered years to registered nurse licensees and in even 848 IAC 1-1-12 Failure to renew license; numbered years to practical nurse licensees. reinstatement (Repealed) (8.2) Applicants for renewal of license shall pay a Sec. 12. (Repealed by Indiana State Board of renewal fee. Nursing; filed Dec 19, 1996, 10:00 a.m.: 20 IR (8.3) Applications for renewal shall be mailed to 1122) the last known address of the licensee. Failure to receive the application for renewal shall not 848 IAC 1-1-13 Employment conditions; relieve the licensee of the responsibility for enforcement powers and duties; records and renewing the license by the renewal date. reports (Indiana State Board of Nursing; Reg 8; filed Mar Authority: IC 25-23-1-7 1, 1978, 8:51 am: Rules and Regs. 1979, p. 166; Affected: IC 4-1-6; IC 25-23-1-7; IC 25-23-1- filed Mar 29, 1985, 10:43 am: 8 IR 1028; 16.1 readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR Sec. 13. Any person who practices or offers to 939; readopted filed Jul 19, 2007, 12:54 p.m.: practice nursing as either a registered or 20070808-IR-848070058RFA) licensed practical nurse in Indiana shall hold a current Indiana license as proof of their legal 848 IAC 1-1-9 Inactive status (Repealed) authorization to practice. Sec. 9. (Repealed by Indiana State Board of (b) The Indiana board of nursing (board) shall be Nursing; filed Dec 19, 1996, 10:00 a.m.: 20 IR responsible for the following: 1122) (1) The verification of licensure of nurses to employers of nurses. 848 IAC 1-1-10 Duplicate license (2) Initiating appropriate action as authorized by Authority: IC 25-23-1-7 the Nurse Practice Act under IC 25-23-1 on Affected: IC 25-23-1-7; IC 25-23-1-16.1 reports to the board concerning incidents
66 involving a licensee that may be cause for repealed by P.L.1-2007, SECTION 248, effective disciplinary action. March 30, 2007.] is to be determined by IC 25-1- (3) Assuring that imposters are not functioning in 8-6. roles normally assumed by the licensed nurse. (Indiana State Board of Nursing; 848 IAC 1-1-14; (4) Carrying out the duties of the board in filed Mar 29, 1985, 10:43 a.m.: 8 IR 1028; filed compliance with the Fair Information Practice Act Sep 12, 1985, 3:29 p.m.: 9 IR 289; filed Jun 6, under IC 4-1-6. 1996, 9:00 a.m.: 19 IR 3105; readopted filed Jul (Indiana State Board of Nursing; Reg 13; filed 30, 2001, 2:07 p.m.: 24 IR 4237; filed Jun 17, Mar 1, 1978, 8:51 a.m.: Rules and Regs. 1979, 2003, 8:50 a.m.: 26 IR 3651; readopted filed Jul p. 167; readopted filed Nov 21, 2001, 10:23 a.m.: 19, 2007, 12:54 p.m.: 20070808-IR- 25 IR 1328; readopted filed Jul 19, 2007, 12:54 848070058RFA) p.m.: 20070808-IR-848070058RFA) 848 IAC 1-1-15 Temporary permits 848 IAC 1-1-14 Fees Authority: IC 25-23-1-7 Authority: IC 25-1-8-2; IC 25-23-1-7 Affected: IC 25-23-1-11; IC 25-23-1-12 Affected: IC 25-1-8-6; IC 25-23-1-10.5 Sec. 15. (a) The board may issue a temporary Sec. 14. (a) The fee for licensure by examination permit to practice nursing to an applicant is the cost equal to the fee charged by the awaiting licensure by endorsement providing the national provider of the exam and an additional following conditions are met: administrative fee of fifty dollars ($50) for the (1) The applicant meets the requirements for registered nurse examination or fifty dollars ($50) licensure pursuant to IC 25-23-1-11 or IC 25-23- for the practical nurse examination. 1-12. (b) The fee for licensure by endorsement is fifty (2) A completed application for licensure by dollars ($50). endorsement is submitted. (c) Verification of licensure to another state or (3) Proof of current licensure in another state is jurisdiction shall be obtained through Nursys, the submitted. nurse license verification system of the National (4) The fee for licensure by endorsement is Council of State Boards of Nursing, Inc., 35331 submitted. Eagle Way, Chicago, Illinois 60678-1353, (5) The application for temporary permit is http://www.ncsbn.org. The individual requesting submitted. verification of licensure is responsible for paying (6) The fee for temporary permit is submitted. the fee assessed by Nursys. (b) The temporary permit will be valid for sixty (d) If verification is not available through Nursys, (60) days after issuance or until notice of denial the fee for verification of licensure to another of licensure by the board. state or jurisdiction is ten dollars ($10). (Indiana State Board of Nursing; 848 IAC 1-1-15; (e) The fee for licensure renewal is fifty dollars filed Sep 12, 1985, 3:29 p.m.: 9 IR 289; filed Dec ($50) for the biennium or any part thereof. 19, 1996, 11:00 a.m.: 20 IR 1122; readopted filed (f) The penalty fee for late renewals is as Nov 6, 2001, 4:18 p.m.: 25 IR 939; readopted established by the health professions bureau. filed Jul 19, 2007, 12:54 p.m.: 20070808-IR- (g) The fee for a temporary permit to practice 848070058RFA) nursing as an applicant awaiting licensure by endorsement, pursuant to IC 25-23-1-10.5, is ten Rule 2. Accreditation dollars ($10). (h) The fee for a duplicate wall certificate is ten 848 IAC 1-2-1 Opening a program dollars ($10). Authority: IC 25-23-1-7 (i) The filing fee for a multistate licensure Affected: IC 25-23-1 privilege form is twenty-five dollars ($25). Sec. 1. (a) A controlling organization wishing to (j) The fee for updating the multistate licensure open a state accredited nursing program shall privilege form is twenty-five dollars ($25) per submit a letter of intent to the board six (6) biennium. months prior to the anticipated admission of its (k) The fee for reinstatement of a license first group of students, which shall include the invalidated under IC 25-23.2-3-4 [IC 25-23.2 was following:
67 (1) Expansion plans of the existing programs (h) A second site visit shall be made by a within a fifty (50) mile radius. representative of the board or a survey visitor (2) Nursing manpower studies documenting the appointed by the board, or both, at the end of the need for the program. first year of the operation of the new program (b) The controlling organization shall submit a and again prior to granting full accreditation. completed application on forms provided by the (Indiana State Board of Nursing; 848 IAC 1-2-1; board and shall request a personal appearance filed Jul 30, 1998, 4:59 p.m.: 21 IR 4526; before the board. The application shall include readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR documented evidence of resources and needs 939; filed Sep 13, 2004, 9:45 a.m.: 28 IR 594; necessary to start a program. This readopted filed Jul 19, 2007, 12:54 p.m.: documentation shall include the following: 20070808-IR-848070058RFA) (1) Availability of qualified faculty. (2) Budgeted faculty positions. 848 IAC 1-2-2 Closing a program (3) Availability of adequate clinical facilities for Authority: IC 25-23-1-7 the program. Affected: IC 25-23-1 (4) Availability of adequate academic facilities for Sec. 2. (a) Within thirty (30) days of a decision to the program. close a state accredited nursing program, the (5) Evidence of financial resources adequate for controlling organization shall send a written the planning, implementation, and continuation of notice to the board. the program. (b) The minimum legal standards for (c) The board shall meet with representatives of accreditation shall be maintained until the last the controlling organization for review of student completes or leaves the program. documented evidence of need. (c) The controlling organization shall be (d) The board requires that a program in nursing responsible for assisting students to transfer to in a state assisted college or university be accredited programs. authorized by the Indiana commission for higher (d) The controlling organization shall provide for education. the safekeeping and accessibility of the program (e) Prior to the board meeting, the proposed records of former students and graduates of the program site shall be visited by a representative program. Plans for future custody of the records of the board or a survey visitor appointed by the shall be documented in writing to the board. board, or both. The visitors shall meet with (Indiana State Board of Nursing; 848 IAC 1-2-2; administrative personnel of the controlling filed Jul 30, 1998, 4:59 p.m.: 21 IR 4527; institution and shall examine the academic and readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR clinical facilities in terms of appropriateness for 939; readopted filed Jul 19, 2007, 12:54 p.m.: the implementation of the proposed program in 20070808-IR-848070058RFA) nursing. (f) After the meeting with the controlling 848 IAC 1-2-3 Purpose for accreditation organization, the board shall approve or Authority: IC 25-23-1-7 disapprove the application for initial accreditation Affected: IC 25-23-1-7 upon evidence: Sec. 3. The purpose for accreditation shall be as (1) submitted in the application; follows: (2) presented at the meeting; and (1) To ensure the safe practice of nursing by (3) collected on the survey visit. setting legal standards for the programs (g) If the program is approved for initial preparing the practitioner. accreditation, the board shall stipulate the (2) To certify minimal educational standards and following: practices for the preparation of: (1) The maximum class size for the first year. (A) registered nurses; and (2) The maximum number of classes to be (B) licensed practical nurses. admitted during the first year. (3) To assist in developing the programs of (3) Approved clinical facilities for the first year. nursing education in accordance with sound (4) The number and qualifications of nursing social, educational, and professional principles. faculty.
68 (4) To ensure continuous evaluation and program shall submit a report to the board improvement of educational programs in nursing. outlining the following: (5) To keep the public informed by publishing a (A) Results of the faculty's review of factors that list of the institutions that conduct accredited may have contributed to the low pass rate, programs of nursing education. including, but not limited to, the following: (Indiana State Board of Nursing; 848 IAC 1-2-3; (i) Curriculum content. filed Jul 30, 1998, 4:59 p.m.: 21 IR 4527; (ii) Curriculum design. readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR (iii) Outcome evaluation. 939; readopted filed Jul 19, 2007, 12:54 p.m.: (iv) Admission policies. 20070808-IR-848070058RFA) (v) Progression policies. (vi) Graduation policies and annual number of 848 IAC 1-2-4 Eligible programs graduates for the period in question. Authority: IC 25-23-1-7 (vii) Factors of graduate performance Affected: IC 25-23-1-7 documented by faculty to be outside the control Sec. 4. Eligible programs for purposes of of the program. accreditation shall be as follows: (B) The faculty's plan for correction with identified (1) Registered nurse programs that prepare implementation dates and expected levels of students for registered nurse licensure. The achievement for any identified problems as result program shall award an associate's degree in of evaluation. nursing or a baccalaureate degree with a major (2) If the program's next annual rate of in nursing or a diploma in nursing. successful completion of the NCLEX is lower (2) Practical nursing programs that prepare than one (1) standard deviation below the students for practical nurse licensure. The average national pass rate for first time U.S. program shall award a diploma or certificate in educated and U.S. territory candidates, the practical nursing. board shall send a surveyor to review the (Indiana State Board of Nursing; 848 IAC 1-2-4; program's ability to comply with this article. After filed Jul 30, 1998, 4:59 p.m.: 21 IR 4527; review of the survey visit report and a meeting readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR with the program representatives, the board shall 939; readopted filed Jul 19, 2007, 12:54 p.m.: determine the accreditation status. 20070808-IR-848070058RFA) (3) The accreditation status shall be communicated to the program in writing. 848 IAC 1-2-5 Accreditation status (c) Conditional accreditation shall be granted to a Authority: IC 25-23-1-7 program that fails to maintain the legal Affected: IC 25-23 requirements for accreditation. Written Sec. 5. (a) Initial accreditation shall be granted to notification from the board shall specify a new program that meets the regulations for requirements to be met in order to comply with opening a nursing program until the first class accreditation standards and a definite amount of graduates. time that will be given for the program to meet (b) Full accreditation shall be granted to a this article. program following the initial accreditation, (d) The program shall be revisited by a providing it meets the following regulations for representative of the board or a survey visitor Indiana accredited programs in nursing: appointed by board, or both, and be given an (1) Criteria indicating a program's successful opportunity for a hearing before accreditation is attainment of state standards shall include the withdrawn. Withdrawal of accreditation may rate of successful completion of the National occur if the program, which has been placed on Council Licensure Examination (NCLEX). If a conditional accreditation, fails to prove program's annual rate of successful completion compliance with IC 25-23, this title, and any of the NCLEX is lower than one (1) standard additional requirements imposed by the board. deviation below the average national pass rate The program shall assist students in transferring for first time U.S. educated and U.S. territory to accredited programs. A program with candidates for three (3) consecutive years, the accreditation that has been withdrawn may apply
69 for reinstatement by following the procedure established in section 1 of this rule. 848 IAC 1-2-7 Eligible institutions (Indiana State Board of Nursing; 848 IAC 1-2-5; Authority: IC 25-23-1-7 filed Jul 30, 1998, 4:59 p.m.: 21 IR 4527; Affected: IC 25-23-1-20 readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR Sec. 7. (a) The program in nursing shall be 939; filed Sep 13, 2004, 9:45 a.m.: 28 IR 594; incorporated or be a part of an incorporated readopted filed Jul 19, 2007, 12:54 p.m.: institution. 20070808-IR-848070058RFA) (b) Educational institutions, colleges, or universities conducting a nursing program or with 848 IAC 1-2-6 Survey visits which a program of nursing is affiliated shall be Authority: IC 25-23-1-7 accredited by the Higher Learning Commission Affected: IC 25-23-1-21 of the North Central Association of Colleges and Sec. 6. (a) All programs with full accreditation Schools or the Indiana commission on status shall be visited at regular intervals as proprietary education. Hospitals conducting a determined by the board. The survey visitor or nursing program shall be accredited by an visitors shall evaluate the program's ability to organization that has been granted deeming meet the requirements of this article and prepare authority. Long term care facilities shall be a written report for review and action by the licensed by the Indiana state department of board. Visits shall be conducted under impartial health. and objective conditions. (c) The philosophy, mission, and objectives of (b) The written report of the survey visit to the the program in nursing shall be in accordance educational program is submitted to the director with this rule. for review to permit comments for clarification by (d) There shall be assurance that the program the director prior to board action. can meet the requirements for Indiana accredited (c) The final survey report accompanied by a programs in nursing. written report of board action shall be sent to the (Indiana State Board of Nursing; 848 IAC 1-2-7; administrative officer of the controlling agency. A filed Jul 30, 1998, 4:59 p.m.: 21 IR 4528; copy shall be sent simultaneously to the director readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR of the program. 939; filed Sep 13, 2004, 9:45 a.m.: 28 IR 596; (d) An institution used as a clinical facility for readopted filed Jul 19, 2007, 12:54 p.m.: students may be visited by a representative or 20070808-IR-848070058RFA) representatives of the board as part of the program survey. 848 IAC 1-2-8 Change of ownership (e) In lieu of a regular cycle survey visit, the Authority: IC 25-23-1-7 board may elect to accept the results of an Affected: IC 25-23-1-7 accreditation survey visit by a nationally Sec. 8. (a) The board shall be notified in writing recognized accrediting organization of nursing of any changes in ownership of a program. education, such as the accrediting organization (b) Information shall include the following: recognized by the U.S. Department of Education (1) The official name of the program. or the Council for Higher Education (2) The organizational chart of the contracting Accreditation. The program of nursing shall file: agency. (1) the response by the program to the survey (3) The names of administrative officials. visitors; and (c) The new controlling organization shall submit (2) the final report including the action taken by any change in curriculum to the board for the nationally recognized accrediting approval prior to implementation. organization of nursing education programs. (Indiana State Board of Nursing; 848 IAC 1-2-8; (Indiana State Board of Nursing; 848 IAC 1-2-6; filed Jul 30, 1998, 4:59 p.m.: 21 IR 4528; filed Jul 30, 1998, 4:59 p.m.: 21 IR 4528; readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR 939; filed Sep 13, 2004, 9:45 a.m.: 28 IR 596; 939; filed Sep 13, 2004, 9:45 a.m.: 28 IR 595; readopted filed Jul 19, 2007, 12:54 p.m.: readopted filed Jul 19, 2007, 12:54 p.m.: 20070808-IR-848070058RFA) 20070808-IR-848070058RFA)
70 848 IAC 1-2-8.5 Transfer of program to may be visited by a representative of the board another controlling organization or a survey visitor appointed by the board. The Authority: IC 25-23-1-7 visitor shall meet with administrative personnel of Affected: IC 25-23-1-7 the controlling organization accepting the Sec. 8.5. (a) A controlling organization program and shall examine the academic and transferring a state accredited nursing program clinical facilities in terms of appropriateness for from its control to that of another controlling the implementation of the program in nursing. organization shall submit to the board, in writing, (f) After the hearing with the controlling within sixty (60) days of the decision to transfer organization accepting the transfer, the board the following: shall approve or disapprove the transfer based (1) The terms and conditions or contractual upon evidence: arrangements of the transfer. (1) submitted in the notification of transfer; (2) The plan identifying the actions being taken (2) presented at the hearing; and to maintain the minimum legal standards for (3) collected on the survey. accreditation until completion of the transfer. (g) The new controlling organization shall submit (3) The plan for student notification and program any change in curriculum to the board for completion requirements. approval prior to implementation. (4) The plan to assist students to transfer to (Indiana State Board of Nursing; 848 IAC 1-2- another accredited program if requested by a 8.5; filed Sep 13, 2004, 9:45 a.m.: 28 IR 596; student. readopted filed Jul 19, 2007, 12:54 p.m.: (5) The provisions for the record retention and 20070808-IR-848070058RFA) accessibility of former students and graduates of the program and the plan for future custody of 848 IAC 1-2-9 Philosophy, mission, and those records. objectives (b) The controlling organization accepting the Authority: IC 25-23-1-7 transfer of control shall submit documented Affected: IC 25-23-1-7 evidence of resources necessary to support the Sec. 9. The philosophy, mission, and objectives program within sixty (60) days of the decision to of the program in nursing shall be as follows: accept the transferring program. This (1) Clearly defined in writing in the official documentation shall include the following: records. (1) Availability of qualified faculty. (2) Consistent with the philosophy and mission of (2) Budgeted faculty positions and faculty- the controlling institution. student ratio. (3) Formulated and accepted by the faculty. (3) Availability of adequate clinical facilities for (4) Inclusive of program beliefs regarding the program. education, nursing, and the learning process. (4) Availability of adequate academic facilities for (5) Descriptive of the practitioner to be prepared. the program. (6) The basis for planning, implementing, and (5) Evidence of financial resources adequate for evaluating the total program. the implementation and continuation of the (7) Reviewed periodically and revised as program. necessary by the nursing faculty. (c) The board shall meet with representatives of (Indiana State Board of Nursing; 848 IAC 1-2-9; both controlling organizations for review of filed Jul 30, 1998, 4:59 p.m.: 21 IR 4529; documented evidence of agreements and readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR resources. 939; filed Sep 13, 2004, 9:45 a.m.: 28 IR 597; (d) The board requires that a program in nursing readopted filed Jul 19, 2007, 12:54 p.m.: in a state assisted college or university be 20070808-IR-848070058RFA) authorized by the Indiana commission for higher education to transfer control from one (1) state assisted college or university to another state assisted college or university. (e) Prior to board hearing and approval, the controlling organization accepting the program
71 848 IAC 1-2-10 Organization and (Indiana State Board of Nursing; 848 IAC 1-2-10; administration filed Jul 30, 1998, 4:59 p.m.: 21 IR 4529; Authority: IC 25-23-1-7 readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR Affected: IC 25-23-1-7 939; filed Sep 13, 2004, 9:45 a.m.: 28 IR 597; Sec. 10. (a) Responsibility for developing and readopted filed Jul 19, 2007, 12:54 p.m.: implementing the program in nursing shall be 20070808-IR-848070058RFA) placed in the faculty of the nursing education unit. 848 IAC 1-2-11 Admissions (b) The institution shall have an effective plan of Authority: IC 25-23-1-7 organization and administration appropriate to Affected: IC 25-23-1-7 the purpose and implementation of the Sec. 11. (a) There shall be published policies for instructional program in nursing. There shall be admission established by the nursing faculty. an organizational chart of the: (b) Students shall be selected on the basis of (1) institution indicating the place of the nursing established criteria and in compliance with all program; and applicable state and federal laws. (2) nursing program. (c) There shall be well defined written policies (c) There shall be a controlling body that governing payment and refund of tuition and recognizes the program in nursing as an other fees. educational program and delegates authority to (d) The number of students admitted to a nursing the chief administrative officer of the institution education program shall be determined by the who, in turn, delegates authority to the program following: director. (1) The number of qualified faculty. (d) When a program director resigns, it is the (2) The availability of the following: responsibility of the administration of the (A) Adequate educational facilities and controlling organization to inform the board in resources. writing within thirty (30) days of notification of the (B) Appropriate clinical learning activities. following: (e) An applicant shall be graduated from a state (1) Intended resignation. approved high school or its equivalent. A (2) Effective date. complete high school transcript shall be on file. (3) Plans for filling the position. (f) A person who has qualified for equivalency to (e) The program in nursing shall be assured of high school graduation on the basis of stable, financial resources adequate for and satisfactory completion of the general effectively allocated to support its educational equivalency degree test (GED) shall be eligible activities. There shall be a budget prepared in for entrance to an Indiana accredited program in accordance with sound educational and financial nursing upon proof of the following: practices. The financial statement shall give a (1) A copy of the test results listing individual and clear picture of the status of the program. The total scores on the GED test shall be on file to program director, with documentation of faculty validate satisfactory test completion. input, shall have the following responsibilities (2) Satisfactory completion of college courses relating to the financial operation of the program relevant to nursing may nullify unsatisfactory test in nursing: scores. (1) Preparing the budget for one (1) year in (g) There shall be written policies regarding the advance of the fiscal period and recommending it following: to the proper authorities. (1) The readmission of a student who: (2) Controlling the use of the approved budget (A) withdrew from the program; or through an accurate system of records. (B) failed required courses. (3) Reviewing financial reports routinely and (2) The admission of a transfer student. making necessary revisions. (Indiana State Board of Nursing; 848 IAC 1-2-11; (4) Consulting with proper authorities within the filed Jul 30, 1998, 4:59 p.m.: 21 IR 4529; institution in regard to interpretation, preparation, readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR and implementation of the budget. 939; readopted filed Jul 19, 2007, 12:54 p.m.: 20070808-IR-848070058RFA)
72 (7) A faculty member shall be responsible for 848 IAC 1-2-12 Faculty coordinating the clinical preceptorships of no Authority: IC 25-23-1-7 more than ten (10) students. Affected: IC 25-23-1-7 (Indiana State Board of Nursing; 848 IAC 1-2-12; Sec. 12. (a) The program in nursing shall provide filed Jul 30, 1998, 4:59 p.m.: 21 IR 4530; and maintain a qualified faculty. The general readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR qualifications for all nurse faculty members shall 939; filed Sep 13, 2004, 9:45 a.m.: 28 IR 598; include the following: readopted filed Jul 19, 2007, 12:54 p.m.: (1) Graduation from an approved program of 20070808-IR-848070058RFA) nursing accepted by the board. (2) Current, unencumbered registered nurse 848 IAC 1-2-13 Faculty qualifications; licensed in Indiana. registered nurse programs (b) The personnel policies for faculty members Authority: IC 25-23-1-7 shall be defined in writing. Affected: IC 25-23-1-7 (c) Faculty, other than registered nurses, who Sec. 13. (a) The director shall be a registered teach nonclinical nursing courses, including, but nurse with a minimum of a master's degree in not limited to: nursing and be employed full-time, excluding (1) issues and trends; vacations and holidays, during the enrollment (2) nutrition; period of the students. A doctoral degree is (3) research; recommended. The director shall have (4) management; and experience in the following: (5) statistics; (1) The practice of nursing. shall hold master's degrees in areas appropriate (2) Nursing education. to the responsibilities inherent in the position. (3) Administration. (d) Clinical preceptorships may be used for the (b) The nurse faculty member shall have clinical experiences of students. When clinical experience in the practice of nursing and hold a preceptors are used, the following conditions master's degree. The majority of the faculty shall shall be met: hold master's degrees with majors in nursing. (1) Written agreements between the cooperating The remainder of the faculty shall hold master's agency and nursing program shall delineate the degrees in a field appropriate to their teaching or functions and responsibilities of the parties clinical responsibilities. The majority of the involved. faculty shall be full-time employees of the (2) Criteria for selecting clinical preceptors shall institution. The reappointment of a person who be developed and in writing. does not hold a master's degree in nursing shall (3) The clinical preceptors shall have the be made only if that person, within one (1) year following minimum qualifications: of initial appointment, has a written plan of study (A) Current licensure as a registered nurse. for degree completion and has matriculated in a (B) Three (3) years of experience as a registered college or university. Continuing reappointment nurse. of a person who does not hold a master's degree (4) Written clinical objectives shall be specific in nursing shall be contingent upon orderly and shared with the clinical preceptor prior to the progression toward degree completion. experience. (Indiana State Board of Nursing; 848 IAC 1-2-13; (5) The designated faculty member shall: filed Jul 30, 1998, 4:59 p.m.: 21 IR 4530; (A) be responsible for the learning experience of readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR each student; and 939; filed Sep 13, 2004, 9:45 a.m.: 28 IR 598; (B) meet with each clinical preceptor and student readopted filed Jul 19, 2007, 12:54 p.m.: for the purpose of monitoring and evaluating the 20070808-IR-848070058RFA) learning experience. (6) The designated faculty member shall be available by phone or in person when students are in the clinical area.
73 848 IAC 1-2-14 Faculty qualifications; Authority: IC 25-23-1-7 licensed practical nurse programs Affected: IC 25-23-1-7 Authority: IC 25-23-1-7 Sec. 16. (a) The: Affected: IC 25-23-1-7 (1) development; Sec. 14. (a) The director shall be a registered (2) implementation; nurse with a minimum of a master's degree, (3) evaluation; and preferably in nursing, and shall be employed full- (4) revision; time, excluding vacations and holidays, during of the curriculum shall be the responsibility of the the enrollment period of the students. A program nursing faculty and shall be based on the stated director appointed prior to the promulgation of philosophy and objectives of the program. this rule shall be considered, except the director (b) The program shall provide an opportunity for shall have experience in the following: the student to learn: (1) The practice of nursing. (1) facts; (2) Nursing education. (2) principles; (3) Administration. (3) concepts; and (b) The nurse faculty member shall have (4) skills; experience in the practice of nursing and hold a which ensure that each graduate meets the baccalaureate degree. The majority of the faculty minimal qualifications essential for safety to shall hold baccalaureate degrees with majors in practice as a licensed nurse. nursing. The remainder of the faculty shall hold (c) There shall be concurrent didactic instruction baccalaureate degrees in a field appropriate to and clinical experiences in the care of patients their teaching or clinical responsibilities. The from all age groups except when students repeat majority of the faculty shall be full-time courses for failing or withdrawal. Those students employees of the institution. may repeat the failed course by itself without (Indiana State Board of Nursing; 848 IAC 1-2-14; also repeating the concurrent course. filed Jul 30, 1998, 4:59 p.m.: 21 IR 4530; (d) The clinical experiences shall be determined readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR by the philosophy, mission, and objectives of the 939; filed Sep 13, 2004, 9:45 a.m.: 28 IR 599; program. readopted filed Jul 19, 2007, 12:54 p.m.: (e) Classroom and clinical experiences shall be 20070808-IR-848070058RFA) the responsibility of program faculty. (f) Observational experiences shall be 848 IAC 1-2-15 Student personnel services determined by the philosophy, mission, and Authority: IC 25-23-1-7 objectives of the program. As used in this Affected: IC 25-23-1-7 subsection, "observational experiences" means Sec. 15. Within the framework of the controlling those experiences in which the student is in the institution, policies regulating student personnel role of observer. Observational experiences shall services shall be delineated in writing, including, be: but not limited to, the following: (1) planned for and guided by the faculty, but (1) Counseling and guidance. may not require direct supervision; and (2) Health services. (2) included in the program's annual report to the (3) Financial aid. board. (4) Housing. (g) There shall be an outline of the total (5) Student organization. curriculum showing the placement of courses (6) Job placement. according to: (7) Liability insurance. (1) year and semester or term; (Indiana State Board of Nursing; 848 IAC 1-2-15; (2) the ratio of credits to hours; or filed Jul 30, 1998, 4:59 p.m.: 21 IR 4531; (3) the total number of hours. readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR (h) The school year shall be divided into definite 939; readopted filed Jul 19, 2007, 12:54 p.m.: terms with dates set for the beginning and 20070808-IR-848070058RFA) ending of each. The dates shall be communicated to the students at the beginning 848 IAC 1-2-16 Curriculum; all programs of the academic year.
74 (i) Board approval shall be granted prior to the Sec. 17. (a) The length of a full-time program initiation of any major curriculum change. If the shall be a minimum of two (2) academic years or change is minor, in that it does not substantially its equivalent. alter the curriculum, it shall be reported to the (b) The curriculum shall provide instruction in the board in writing in the program's annual report to following areas: the board. (1) Physical and biological sciences, including (j) A major change, which would require the content drawn from the areas of: board's approval prior to implementation, (A) anatomy; includes the following: (B) physiology; (1) Major changes in philosophy, mission, or (C) chemistry; objectives. (D) microbiology; (2) The number of credits required for successful (E) pharmacology; completion of the program or the major in (F) physics; and nursing. (G) nutrition; (3) The number and type of general education that may be integrated, combined, or presented courses. as separate courses. (4) Relocation of the program or any of its (2) Social and behavioral sciences shall include components. content drawn from the areas of: (5) Change in required clinical hours. (A) interpersonal communications, English (6) Admission times. composition, or speech; (7) Progression options. (B) psychology; and (8) Additions of satellite locations. (C) sociology; (k) There shall be a systematic written plan for that may be integrated, combined, or presented program evaluation that is ongoing according to as separate courses. the time frame specified by the faculty. The (3) The nursing content shall establish the findings from the systematic evaluation shall be following: used for development, maintenance, and (A) Provide concurrent theory and clinical revision of the program components. The written experience in the following areas: plan shall include, but is not limited to, the (i) Adult nursing. following: (ii) Maternity nursing. (1) Philosophy, mission, and objectives of the (iii) Nursing of children. nursing education program. (iv) Mental health nursing. (2) Expected knowledge, skills, and abilities of (v) Gerontological nursing. the graduates. (vi) For baccalaureate programs, community (3) Teaching and learning experiences. health nursing and research. (4) Student evaluation of courses. (B) Include: (5) Instructor evaluation of students. (i) history; (6) Pass rates on licensure examination. (ii) trends; (7) Follow-up studies of graduates' evaluation of (iii) legal aspects; and the program of learning. (iv) ethical aspects; (8) Employment performance of graduates. of nursing that may be integrated, combined, or (Indiana State Board of Nursing; 848 IAC 1-2-16; presented as separate courses. filed Jul 30, 1998, 4:59 p.m.: 21 IR 4531; (C) Include content about chemical substance readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR abuse among professionals. 939; filed Sep 13, 2004, 9:45 a.m.: 28 IR 599; (D) Computer technology shall be integrated, readopted filed Jul 19, 2007, 12:54 p.m.: combined, or presented as a separate course. 20070808-IR-848070058RFA) (E) Standard precautions education shall be integrated, combined, or presented as a 848 IAC 1-2-17 Curriculum; registered nurse separate course. programs (Indiana State Board of Nursing; 848 IAC 1-2-17; Authority: IC 25-23-1-7 filed Jul 30, 1998, 4:59 p.m.: 21 IR 4532; Affected: IC 25-23-1-7 readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR
75 939; filed Sep 13, 2004, 9:45 a.m.: 28 IR 600; readopted filed Jul 19, 2007, 12:54 p.m.: readopted filed Jul 19, 2007, 12:54 p.m.: 20070808-IR-848070058RFA) 20070808-IR-848070058RFA) 848 IAC 1-2-19 Clinical experience; all 848 IAC 1-2-18 Curriculum; licensed practical programs nurse program Authority: IC 25-23-1-7 Authority: IC 25-23-1-7 Affected: IC 25-23-1-20 Affected: IC 25-23-1-7 Sec. 19. (a) Clinical facilities used for learning Sec. 18. (a) The length of a full-time program experiences shall be approved by an shall be a minimum of one (1) calendar year or organization that has been granted deeming its equivalent. authority or appropriate licensing bodies. Long (b) The curriculum shall provide instruction in the term care facilities shall be licensed by the following areas: Indiana state department of health. (1) Physical and biological sciences, including (b) There shall be written agreements between content drawn from the areas of: the program and any institution or agency, which (A) anatomy; is used for clinical experiences. Agreements (B) physiology; shall state the responsibilities and privileges of (C) nutrition; and both parties. Written agreements are not (D) pharmacology; necessary for observational experiences. that may be integrated, combined, or presented (c) Nursing program faculty shall: as separate courses. (1) assign; (2) Social and behavioral sciences, including (2) guide; content drawn from the concepts of mental (3) evaluate; and health that may be integrated, combined, or (4) supervise; presented as separate courses. the learning activities of students in the clinical (3) The nursing content shall establish the experience. following: (d) The ratio of faculty to students shall be a (A) Provide concurrent theory and clinical maximum of 1:10 or any portion thereof in the experience in the following areas: clinical or observational experience, exclusive of (i) Adult nursing. the nurse director or coordinator. (ii) Maternity nursing. (Indiana State Board of Nursing; 848 IAC 1-2-19; (iii) Nursing of children. filed Jul 30, 1998, 4:59 p.m.: 21 IR 4532; (iv) Gerontological nursing. readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR (B) Include: 939; filed Sep 13, 2004, 9:45 a.m.: 28 IR 601; (i) history; readopted filed Jul 19, 2007, 12:54 p.m.: (ii) trends; 20070808-IR-848070058RFA) (iii) legal aspects; and (iv) ethical aspects; 848 IAC 1-2-20 Educational resources of nursing that may be integrated, combined, or Authority: IC 25-23-1-7 presented as separate courses. Affected: IC 25-23-1-20 (C) Include content about chemical substance Sec. 20. (a) Classrooms, laboratories, and abuse among professionals. conference rooms shall be provided to meet the (D) Computer technology shall be integrated, needs of the students. combined, or presented as a separate course. (b) The library shall be adequate in size and (E) Standard precautions education shall be have current holdings to meet the educational integrated, combined, or presented as a needs of the students and faculty. There shall be separate course. a variety of current audiovisual and computer (Indiana State Board of Nursing; 848 IAC 1-2-18; aids for individual and group instruction. The filed Jul 30, 1998, 4:59 p.m.: 21 IR 4532; annual budget shall provide for accessions to the readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR library. 939; filed Sep 13, 2004, 9:45 a.m.: 28 IR 600;
76 (c) Furnishings, supplies, and office equipment shall be made for safe storage of records to shall be provided for the director, faculty, and prevent loss by destruction and unauthorized clerical staff. use. (d) Adequate office space shall be provided for (b) Individual student files, maintained by the the director, faculty, and clerical staff. program of nursing during the student's (e) There shall be adequate support services and enrollment, shall include, at a minimum, the secretarial personnel to meet the needs of the following: program. (1) Documents required for admission. (f) There shall be adequate support for faculty (2) Results of performance evaluation relating to development. the student's progression or lack thereof. (Indiana State Board of Nursing; 848 IAC 1-2-20; (3) Documentation of standard precautions filed Jul 30, 1998, 4:59 p.m.: 21 IR 4533; training. readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR (c) The institution must maintain in readily 939; filed Sep 13, 2004, 9:45 a.m.: 28 IR 601; accessible form, or cause to be maintained in readopted filed Jul 19, 2007, 12:54 p.m.: readily accessible form, sufficient records to 20070808-IR-848070058RFA) generate an official student transcript for a period of sixty (60) years after the date the student 848 IAC 1-2-21 Progression and graduation attended the institution. Authority: IC 25-23-1-7 (d) Information about the program shall be Affected: IC 25-23-1-7 published periodically, at least every two (2) Sec. 21. (a) There shall be written requirements years. The publication shall be dated and include for progression and graduation prepared by the the following: faculty of each program. There shall be a written (1) Philosophy, mission, and objectives of the policy and procedure for academic probation and nursing program. termination from the program. There shall be a (2) A general description of the program. code of conduct for students. (3) The curriculum plan. (b) The nursing program shall provide to enrolled (4) Brief course descriptions. students a student handbook that shall include (5) Facilities and conditions provided for student all information specific to the nursing program. learning and welfare. (c) Candidates for the registered nurse licensing (6) Faculty information. examination shall have successfully completed (7) A statement of tuition, fees, and refund the educational program with an accumulative policies. average grade of "C" or better, and a grade of (8) A statement regarding nondiscriminatory "C" or better in each course as identified in policies for student and faculty recruitment. section 17 of this rule. (9) A statement regarding student complaint and (d) Candidates for the practical nurse licensing grievance procedures. examination shall have successfully completed (10) Housing and residence facilities information. the educational program with a grade of "C" or (11) Admission, progression, and graduation better in each course. policies. (Indiana State Board of Nursing; 848 IAC 1-2-21; (Indiana State Board of Nursing; 848 IAC 1-2-22; filed Jul 30, 1998, 4:59 p.m.: 21 IR 4533; filed Jul 30, 1998, 4:59 p.m.: 21 IR 4533; readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR 939; filed Sep 13, 2004, 9:45 a.m.: 28 IR 602; 939; filed Sep 13, 2004, 9:45 a.m.: 28 IR 602; readopted filed Jul 19, 2007, 12:54 p.m.: readopted filed Jul 19, 2007, 12:54 p.m.: 20070808-IR-848070058RFA) 20070808-IR-848070058RFA)
848 IAC 1-2-22 Records and program catalog Authority: IC 25-23-1-7 Affected: IC 25-23-1-7 Sec. 22. (a) There shall be a record system that provides for accurate recording of admission data and student academic records. Provisions
77 848 IAC 1-2-23 Reports to the board ARTICLE 2. STANDARDS FOR THE Authority: IC 25-23-1-7 COMPETENT PRACTICE OF REGISTERED Affected: IC 25-23-1-7 AND LICENSED PRACTICAL NURSING Sec. 23. The director of the nursing program shall submit an annual report to the board on Rule 1. Definitions forms provided by the board. The report shall provide current data on the following: 848 IAC 2-1-1 Applicability (1) Administrative personnel, credit hours, and Authority: IC 25-23-1-7 faculty to student ratios. Affected: IC 25-23 (2) Organizational, administrative, and physical Sec. 1. The definitions in this rule apply changes. throughout this article. (3) Any curriculum changes. (Indiana State Board of Nursing; 848 IAC 2-1-1; (4) Student statistics. filed Oct 25, 1991, 5:00 p.m.: 15 IR 242; (5) A faculty list with a: readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR (A) completed faculty qualification record for 939; readopted filed Jul 19, 2007, 12:54 p.m.: each new member; 20070808-IR-848070058RFA) (B) supplemental qualification record for each faculty member pursuing a master's degree; and 848 IAC 2-1-2 "Competence" defined (C) list of faculty no longer employed by the Authority: IC 25-23-1-7 institution since the last annual report. Affected: IC 25-23 (6) A clinical agency list and a list of those Sec. 2. "Competence" means performing agencies no longer used since the last annual skillfully and proficiently the functions that are report. within the role of the licensee and demonstrating (7) An organizational chart for the nursing behavior that is consistent with the program and for the parent institution. interrelationship of essential knowledge, (Indiana State Board of Nursing; 848 IAC 1-2-23; judgment, and skill. filed Jul 30, 1998, 4:59 p.m.: 21 IR 4534; (Indiana State Board of Nursing; 848 IAC 2-1-2; readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR filed Oct 25, 1991, 5:00 p.m.: 15 IR 242; 939; filed Sep 13, 2004, 9:45 a.m.: 28 IR 602; readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR readopted filed Jul 19, 2007, 12:54 p.m.: 939; readopted filed Jul 19, 2007, 12:54 p.m.: 20070808-IR-848070058RFA) 20070808-IR-848070058RFA)
848 IAC 1-2-24 Records 848 IAC 2-1-3 "Health team" defined Authority: IC 25-23-1-7 Authority: IC 25-23-1-7 Affected: IC 25-23-1-7 Affected: IC 25-23 Sec. 24. A copy of each annual report to the Sec. 3. "Health team" means a group of health board, the program catalog, and nursing student care providers which may, in addition to health handbook shall be maintained in the permanent care practitioners, include the patient/client, records of the institution. family, and any significant others. (Indiana State Board of Nursing; 848 IAC 1-2-24; (Indiana State Board of Nursing; 848 IAC 2-1-3; filed Jul 30, 1998, 4:59 p.m.: 21 IR 4534; filed Oct 25, 1991, 5:00 p.m.: 15 IR 243; readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR 939; filed Sep 13, 2004, 9:45 a.m.: 28 IR 603; 939; readopted filed Jul 19, 2007, 12:54 p.m.: readopted filed Jul 19, 2007, 12:54 p.m.: 20070808-IR-848070058RFA) 20070808-IR-848070058RFA)
78 Rule 2. Registered Nursing (4) Seek education and supervision as necessary when implementing nursing practice 848 IAC 2-2-1 Responsibility to apply the techniques. nursing process (5) Respect the dignity and rights of the Authority: IC 25-23-1-7 patient/client regardless of socioeconomic status, Affected: IC 25-23 personal attributes, or nature of health problem. Sec. 1. The registered nurse shall do the (6) Maintain each patient/client's right to privacy following: by protecting confidential information unless (1) Assess the patient/client in a systematic, obligated, by law, to disclose the information. organized manner. (7) Provide nursing care without discrimination (2) Formulate a nursing diagnosis based on on the basis of diagnosis, age, sex, race, creed, accessible, communicable, and recorded data or color. which is collected in a systematic and continuous (8) Delegate and supervise only those nursing manner. measures which the nurse knows, or should (3) Plan care which includes goals and prioritized know, that another person is prepared, qualified, nursing approaches or measures derived from or licensed to perform. the nursing diagnosis. (9) Retain professional accountability for nursing (4) Implement strategies to provide for care when delegating nursing intervention. patient/client participation in health promotion, (10) Respect and safeguard the property of maintenance, and restoration. patient/client, family, significant others, and the (5) Initiate nursing actions to assist the employer. patient/client to maximize his or her health (11) Notify, in writing, the appropriate party, capabilities. which may include: (6) Evaluate with the patient/client the status of (A) the office of the attorney general, consumer goal achievement as a basis for reassessment, protection division; reordering priorities, new goal-setting, and (B) his or her employer or contracting agency; or revision of the plan of nursing care. (C) the board; (7) Seek educational resources and create of any unprofessional conduct which may learning experiences to enhance and maintain jeopardize the patient/client safety. current knowledge and skills for his or her (12) Participate in the review and evaluation of continuing competence in nursing practice and the quality and effectiveness of nursing care. individual professional growth. (Indiana State Board of Nursing; 848 IAC 2-2-2; (Indiana State Board of Nursing; 848 IAC 2-2-1; filed Oct 25, 1991, 5:00 p.m.: 15 IR 243; filed Oct 25, 1991, 5:00 p.m.: 15 IR 243; readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR 939; readopted filed Jul 19, 2007, 12:54 p.m.: 939; readopted filed Jul 19, 2007, 12:54 p.m.: 20070808-IR-848070058RFA) 20070808-IR-848070058RFA) 848 IAC 2-2-3 Unprofessional conduct 848 IAC 2-2-2 Responsibility as a member of Authority: IC 25-23-1-7 the nursing profession Affected: IC 25-23 Authority: IC 25-23-1-7 Sec. 3. Nursing behaviors (acts, knowledge, and Affected: IC 25-23 practices) failing to meet the minimal standards Sec. 2. The registered nurse shall do the of acceptable and prevailing nursing practice, following: which could jeopardize the health, safety, and (1) Function within the legal boundaries of welfare of the public, shall constitute nursing practice based on the knowledge of unprofessional conduct. These behaviors shall statutes and rules governing nursing. include, but are not limited to, the following: (2) Accept responsibility for individual nursing (1) Using unsafe judgment, technical skills, or actions and continued competence. inappropriate interpersonal behaviors in (3) Communicate, collaborate, and function with providing nursing care. other members of the health team to provide safe and effective care.
79 (2) Performing any nursing technique or services and nursing care to the individual procedure for which the nurse is unprepared by patient or client. education or experience. (2) Collaborate with other members of the health (3) Disregarding a patient/client's dignity, right to team in providing for patient/client participation in privacy, or right to confidentiality. health promotion, maintenance, and restoration. (4) Failing to provide nursing care because of (3) Seek educational resources and create diagnosis, age, sex, race, color, or creed. learning experiences to enhance and maintain (5) Abusing a patient/client verbally, physically, current knowledge and skills for his or her emotionally, or sexually. continuing competence in nursing practice and (6) Falsifying, omitting, or destroying individual professional growth. documentation of nursing actions on the official (4) Assess the health status of the patient/client, patient/client record. in conjunction with other members of the health (7) Abandoning or knowingly neglecting care team, for analysis and identification of patients/clients requiring nursing care. health goals. (8) Delegating nursing care, functions, tasks, or (5) Evaluate with the patient/client the status of responsibility to others when the nurse knows, or goal achievement as a basis for reassessment, should know, that such delegation is to the reordering of priorities, and new goal setting for detriment of patient safety. contribution to the modification of the plan of (9) Providing one's license/temporary permit to nursing care. another individual for any reason. (Indiana State Board of Nursing; 848 IAC 2-3-1; (10) Failing to practice nursing in accordance filed Oct 25, 1991, 5:00 p.m.: 15 IR 244; with prevailing nursing standards due to physical readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR or psychological impairment. 939; readopted filed Jul 19, 2007, 12:54 p.m.: (11) Diverting prescription drugs for own or 20070808-IR-848070058RFA) another person's use. (12) Misappropriating money or property from a 848 IAC 2-3-2 Responsibility as a member of patient/client or employee. the health team (13) Failing to notify, in writing, the appropriate Authority: IC 25-23-1-7 party, which may include: Affected: IC 25-23 (A) the office of the attorney general, consumer Sec. 2. The licensed practical nurse shall do the protection division; following: (B) his or her employer or contracting agency; or (1) Function within the legal boundaries of (C) the board; practical nursing practice based on the of any unprofessional conduct which may knowledge of statutes and rules governing jeopardize patient/client safety. nursing. (Indiana State Board of Nursing; 848 IAC 2-2-3; (2) Accept responsibility for individual nursing filed Oct 25, 1991, 5:00 p.m.: 15 IR 243; actions and continued competence. readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR (3) Communicate, collaborate, and function with 939; readopted filed Jul 19, 2007, 12:54 p.m.: other members of the health care team to 20070808-IR-848070058RFA) provide safe and effective care. (4) Seek education and supervision as Rule 3. Licensed Practical Nursing necessary from registered nurses and/or other members of the health care team when 848 IAC 2-3-1 Responsibility to apply the implementing nursing techniques or practices. nursing process (5) Respect the dignity and rights of the Authority: IC 25-23-1-7 patient/client regardless of socioeconomic status, Affected: IC 25-23 personal attributes, or nature of health problems. Sec. 1. The licensed practical nurse shall do the (6) Maintain each patient/client's right to privacy following: by protecting confidential information unless (1) Know and utilize the nursing process in obligated, by law, to disclose the information. planning, implementing, and evaluating health
80 (7) Provide nursing care without discrimination (7) Abandoning or knowingly neglecting on the basis of diagnosis, age, sex, race, creed, patients/clients requiring nursing care. or color. (8) Accepting delegated nursing measures that (8) Accept only those delegated nursing he or she knows that he or she is not prepared, measures which he or she knows he or she is qualified, or licensed to perform. prepared, qualified, and licensed to perform. (9) Providing one's license/temporary permit to (9) Respect and safeguard the property of another individual for any reason. patient/client, family, significant others, and the (10) Failing to practice nursing in accordance employer. with prevailing practical nursing standards due to (10) Notify, in writing, the appropriate party which physical or psychological impairment. may include: (11) Diverting prescription drugs for own or (A) the office of the attorney general, consumer another person's use. protection division; (12) Misappropriating money or property from a (B) his or her employer or contracting agency; or patient/client or employee. (C) the board; (13) Failing to notify, in writing, the appropriate of any unprofessional conduct which may party which may include: jeopardize the patient/client safety. (A) the office of the attorney general, consumer (11) Participate in the review and evaluation of protection division; the quality and effectiveness of nursing care. (B) his or her employer or contracting agency; or (Indiana State Board of Nursing; 848 IAC 2-3-2; (C) the board; filed Oct 25, 1991, 5:00 p.m.: 15 IR 244; of any unprofessional conduct which may readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR jeopardize patient/client safety. 939; readopted filed Jul 19, 2007, 12:54 p.m.: (Indiana State Board of Nursing; 848 IAC 2-3-3; 20070808-IR-848070058RFA) filed Oct 25, 1991, 5:00 p.m.: 15 IR 245; readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR 848 IAC 2-3-3 Unprofessional conduct 939; readopted filed Jul 19, 2007, 12:54 p.m.: Authority: IC 25-23-1-7 20070808-IR-848070058RFA) Affected: IC 25-23 Sec. 3. Nursing behaviors (acts, knowledge, and practices) failing to meet the minimal standards ARTICLE 3. NURSE-MIDWIVES of acceptable and prevailing licensed practical nursing practices, which could jeopardize the Rule 1. Definitions health, safety, and welfare of the public shall constitute unprofessional conduct. These 848 IAC 3-1-0.5 Applicability behaviors shall include, but are not limited to, the Authority: IC 25-23-1-7 following: Affected: IC 25-23-1-1; IC 25-23-1-13.1 (1) Using unsafe judgment, technical skills, or Sec. 0.5. The definitions in this rule apply inappropriate interpersonal behaviors in throughout this article. providing nursing care. (Indiana State Board of Nursing; 848 IAC 3-1- (2) Performing any nursing technique or 0.5; filed Jul 29, 1994, 5:00 p.m.: 17 IR 2871; procedure for which the nurse is unprepared by readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR education or experience. 939; readopted filed Jul 19, 2007, 12:54 p.m.: (3) Disregarding a patient/client's dignity, right to 20070808-IR-848070058RFA) privacy, or right to confidentiality. (4) Failing to provide nursing care because of 848 IAC 3-1-0.6 "Board" defined diagnosis, age, sex, race, color, or creed. Authority: IC 25-23-1-7 (5) Abusing a patient/client verbally, physically, Affected: IC 25-23-1-1; IC 25-23-1-13.1 emotionally, or sexually. Sec. 0.6. "Board" means the Indiana state board (6) Falsifying, omitting, or destroying of nursing. documentation of nursing actions on the official (Indiana State Board of Nursing; 848 IAC 3-1- patient/client record. 0.6; filed Jul 29, 1994, 5:00 p.m.: 17 IR 2871; readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR
81 939; readopted filed Jul 19, 2007, 12:54 p.m.: Sec. 3. (Repealed by Indiana State Board of 20070808-IR-848070058RFA) Nursing; filed Jul 29, 1994, 5:00 p.m.: 17 IR 2879) 848 IAC 3-1-1 "Certified nurse-midwife" defined; use of initials 848 IAC 3-1-4 Registration requirement Authority: IC 25-23-1-7 (Repealed) Affected: IC 25-23-1-1 Sec. 4. (Repealed by Indiana State Board of Sec. 1. (a) "Certified nurse-midwife" means a Nursing; filed Jul 29, 1994, 5:00 p.m.: 17 IR registered nurse who has graduated from a 2879) nationally accredited school of midwifery, has passed the National Certifying Examination given 848 IAC 3-1-5 Application for registration; by the American College of Nurse-Midwives, and qualifications (Repealed) is licensed by the board to practice as a nurse- Sec. 5. (Repealed by Indiana State Board of midwife. Nursing; filed Jul 29, 1994, 5:00 p.m.: 17 IR (b) "CNM" means certified nurse-midwife and are 2879) the designated authorized initials to be used by the certified nurse-midwife. (Indiana State Board of Nursing; Nurse-Midwifery 848 IAC 3-1-6 Fees for registration (Repealed) Rule 1, Art 1; filed Jun 15, 1979, 4:41 p.m.: 2 IR Sec. 6. (Repealed by Indiana State Board of 1131; filed Jul 29, 1994, 5:00 p.m.: 17 IR 2871; Nursing; filed Jul 29, 1994, 5:00 p.m.: 17 IR readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR 2879) 939; readopted filed Jul 19, 2007, 12:54 p.m.: 20070808-IR-848070058RFA) NOTE: 848 IAC 3-1-7 Photograph submitted with Transferred from the Medical Licensing Board of application (Repealed) Indiana (844 IAC 3-1-1) to the Indiana State Sec. 7. (Repealed by Indiana State Board of Board of Nursing (848 IAC 3-1-1) by P.L.185- Nursing; filed Jul 29, 1994, 5:00 p.m.: 17 IR 1993, SECTION 16, effective July 1, 1993. 2879)
848 IAC 3-1-2 "Practice of nurse-midwifery" 848 IAC 3-1-8 Screening applicant; approval defined (Repealed) Authority: IC 25-23-1-7 Sec. 8. (Repealed by Indiana State Board of Affected: IC 25-23-1-1; IC 25-23-1-13.1 Nursing; filed Jul 29, 1994, 5:00 p.m.: 17 IR Sec. 2. "Practice of nurse-midwifery" means the 2879) practice of nursing and the extension of that practice, including well-woman gynecological 848 IAC 3-1-9 Temporary registration not healthcare, family planning, and care to the offered (Repealed) normal and expanding family throughout Sec. 9. (Repealed by Indiana State Board of pregnancy, labor, delivery, and post-delivery. Nursing; filed Jul 29, 1994, 5:00 p.m.: 17 IR (Indiana State Board of Nursing; Nurse-Midwifery 2879) Rule 1, Art 2; filed Jun 15, 1979, 4:41 p.m.: 2 IR 1131; filed Jul 29, 1994, 5:00 p.m.: 17 IR 2872; 848 IAC 3-1-10 Biennial re-registration readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR (Repealed) 939; readopted filed Jul 19, 2007, 12:54 p.m.: Sec. 10. (Repealed by Indiana State Board of 20070808-IR-848070058RFA) NOTE: Nursing; filed Jul 29, 1994, 5:00 p.m.: 17 IR Transferred from the Medical Licensing Board of 2879) Indiana (844 IAC 3-1-2) to the Indiana State Board of Nursing (848 IAC 3-1-2) by P.L.185- 848 IAC 3-1-11 Notice of re-registration 1993, SECTION 16, effective July 1, 1993. (Repealed) Sec. 11. (Repealed by Indiana State Board of 848 IAC 3-1-3 Association with licensed Nursing; filed Jul 29, 1994, 5:00 p.m.: 17 IR physician; jurisdiction of board (Repealed) 2879)
82 848 IAC 3-1-12 Fee for re-registration payable to the health professions bureau. This (Repealed) fee is not refundable, but may be used up to and Sec. 12. (Repealed by Indiana State Board of including one (1) year from the original Nursing; filed Jul 29, 1994, 5:00 p.m.: 17 IR submission of the application. 2879) (b) The fee for any reapplication shall be the same as determined by the board for the original 848 IAC 3-1-13 Delinquency fee (Repealed) application and is payable in the form of a Sec. 13. (Repealed by Indiana State Board of personal check, certified check, cashier's check, Nursing; filed Jul 29, 1994, 5:00 p.m.: 17 IR or money order payable to the health professions 2879) bureau. (Indiana State Board of Nursing; 848 IAC 3-2-2; 848 IAC 3-1-14 Suspension of registration for filed Jul 29, 1994, 5:00 p.m.: 17 IR 2872; delinquency (Repealed) readopted filed Nov 21, 2001, 10:23 a.m.: 25 IR Sec. 14. (Repealed by Indiana State Board of 1328; readopted filed Jul 19, 2007, 12:54 p.m.: Nursing; filed Jul 29, 1994, 5:00 p.m.: 17 IR 20070808-IR-848070058RFA) 2879) 848 IAC 3-2-3 Photograph submitted with 848 IAC 3-1-15 Retirement and surrender of application registration (Repealed) Authority: IC 25-23-1-7 Sec. 15. (Repealed by Indiana State Board of Affected: IC 25-23-1-1; IC 25-23-1-13.1 Nursing; filed Jul 29, 1994, 5:00 p.m.: 17 IR Sec. 3. A recent passport type photograph of the 2879) applicant taken within six (6) weeks prior to filing shall be submitted with each application. The 848 IAC 3-1-16 Hearings regarding photograph shall be in color on semigloss paper, registration or disciplinary proceedings not less than three (3) inches wide and four (4) (Repealed) inches high. Sec. 16. (Repealed by Indiana State Board of (Indiana State Board of Nursing; 848 IAC 3-2-3; Nursing; filed Jul 29, 1994, 5:00 p.m.: 17 IR filed Jul 29, 1994, 5:00 p.m.: 17 IR 2872; 2879) readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR 940; readopted filed Jul 19, 2007, 12:54 p.m.: Rule 2. General Provisions 20070808-IR-848070058RFA)
848 IAC 3-2-1 Application for limited license; 848 IAC 3-2-4 Temporary permit not issued qualifications Authority: IC 25-23-1-7 Authority: IC 25-23-1-7 Affected: IC 25-23-1-1; IC 25-23-1-13.1 Affected: IC 25-23-1-1; IC 25-23-1-13.1 Sec. 4. No temporary permit will be issued under Sec. 1. Every applicant for limited license shall any circumstances. file an application on a form supplied by the (Indiana State Board of Nursing; 848 IAC 3-2-4; board. filed Jul 29, 1994, 5:00 p.m.: 17 IR 2872; (Indiana State Board of Nursing; 848 IAC 3-2-1; readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR filed Jul 29, 1994, 5:00 p.m.: 17 IR 2872; 940; readopted filed Jul 19, 2007, 12:54 p.m.: readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR 20070808-IR-848070058RFA) 939; readopted filed Jul 19, 2007, 12:54 p.m.: 20070808-IR-848070058RFA) 848 IAC 3-2-5 Biennial renewal of limited license 848 IAC 3-2-2 Fees for limited license Authority: IC 25-23-1-7 Authority: IC 25-23-1-7 Affected: IC 25-23-1-1; IC 25-23-1-13.1 Affected: IC 25-23-1-1; IC 25-23-1-13.1 Sec. 5. Every person with a limited license to Sec. 2. (a) Each applicant for a limited license in practice nurse-midwifery shall renew such limited nurse-midwifery shall pay a fee as provided in license with the board on or before October 31 of 848 IAC 1-1-14 in the form of a personal check, odd-numbered years. certified check, cashier's check, or money order
83 (Indiana State Board of Nursing; 848 IAC 3-2-5; (Indiana State Board of Nursing; 848 IAC 3-2-8; filed Jul 29, 1994, 5:00 p.m.: 17 IR 2872; filed Jul 29, 1994, 5:00 p.m.: 17 IR 2873; readopted filed Nov 21, 2001, 10:23 a.m.: 25 IR readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR 1329; readopted filed Jul 19, 2007, 12:54 p.m.: 940; readopted filed Jul 19, 2007, 12:54 p.m.: 20070808-IR-848070058RFA) 20070808-IR-848070058RFA)
848 IAC 3-2-6 Notice of renewal Rule 3. Competent Practice of Nurse- Authority: IC 25-23-1-7 Midwifery Affected: IC 25-23-1-1; IC 25-23-1-13.1 Sec. 6. On or before August 31 of odd-numbered 848 IAC 3-3-1 Competent practice of nurse- years, the health professions bureau shall notify midwives each nurse-midwife that he or she is required to Authority: IC 25-23-1-7 renew their limited license to practice nurse- Affected: IC 16-21; IC 25-23-1-1; IC 25-23-1- midwifery. At the time of such notice, the health 13.1 professions bureau shall mail a form to each Sec. 1. A nurse-midwife shall perform as an nurse-midwife to the last known address of independent and interdependent member of the record. health care team as defined in 848 IAC 2-1-3. (Indiana State Board of Nursing; 848 IAC 3-2-6; The following are standards for each nurse- filed Jul 29, 1994, 5:00 p.m.: 17 IR 2872; midwife: readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR (1) Assess clients by using advanced knowledge 940; readopted filed Jul 19, 2007, 12:54 p.m.: and skills to: 20070808-IR-848070058RFA) (A) identify abnormal conditions; (B) diagnose health problems; 848 IAC 3-2-7 Fee for renewal (C) develop and implement nursing treatment Authority: IC 25-23-1-7 plans; and Affected: IC 25-23-1-1; IC 25-23-1-13.1 (D) evaluate patient outcomes. Sec. 7. At the time of submitting his or her limited (2) Use advanced knowledge and skills in license renewal form to the board, each nurse- teaching and guiding clients and other health midwife shall submit a fee as provided in 848 care team members. IAC 1-1-14 and proof of current licensure as a (3) Use appropriate critical thinking skills to make registered nurse. A personal check, certified independent decisions, commensurate with the check, cashier's check, or money order shall be autonomy, authority, and responsibility of the submitted to the health professions bureau with practice of nurse-midwifery. the renewal form and shall be made payable to (4) Function within the legal boundaries of the the health professions bureau. practice of nurse-midwifery and shall have and (Indiana State Board of Nursing; 848 IAC 3-2-7; utilize knowledge of the statutes and rules filed Jul 29, 1994, 5:00 p.m.: 17 IR 2872; governing the practice of nurse-midwifery, readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR including the following: 940; readopted filed Jul 19, 2007, 12:54 p.m.: (A) State and federal drug laws and regulations. 20070808-IR-848070058RFA) (B) State and federal confidentiality laws and regulations. 848 IAC 3-2-8 Delinquent fee (C) State and federal medical records access Authority: IC 25-23-1-7 laws. Affected: IC 25-23-1-1; IC 25-23-1-13.1 (5) Consult and collaborate with other members Sec. 8. In the event any nurse-midwife fails to of the health care team as appropriate to provide complete the renewal process on or before reasonable client care. October 31 of odd-numbered years, he or she (6) Recognize the limits of individual knowledge shall be required to pay a delinquent fee to be and experience, and consult with or refer clients determined by the board in addition to the fees to other health care providers as appropriate. prescribed in section 7 of this rule for each year (7) Retain professional accountability for any that the limited license is delinquent. delegated intervention, and delegate
84 interventions only as authorized by IC 25-23-1 filed Jul 30, 2001, 2:07 p.m.: 24 IR 4237; and this title. readopted filed Jul 19, 2007, 12:54 p.m.: (8) Maintain current knowledge and skills in the 20070808-IR-848070058RFA) practice of nurse-midwifery. (9) Manage and provide health care services in ARTICLE 4. ADVANCED PRACTICE NURSING the practice of nurse-midwifery. AND PRESCRIPTIVE AUTHORITY FOR (10) Provide individual and group counseling and ADVANCED PRACTICE NURSING teaching throughout the life cycle. (11) Participate in periodic and joint evaluation of Rule 1. Definitions services rendered, including, but not limited to, the following: 848 IAC 4-1-1 Applicability (A) Chart reviews. Authority: IC 25-23-1-7 (B) Case reviews. Affected: IC 25-23-1 (C) Client evaluations. Sec. 1. The definitions in this rule apply (D) Outcome statistics. throughout this article and 848 IAC 5. (12) Conduct and apply research findings (Indiana State Board of Nursing; 848 IAC 4-1-1; appropriate to the area of practice. filed Jul 29, 1994, 5:00 p.m.: 17 IR 2874; (13) Participate, when appropriate, in the joint readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR review and revision of written guidelines 940; readopted filed Jul 19, 2007, 12:54 p.m.: involving the plan of care. 20070808-IR-848070058RFA) (Indiana State Board of Nursing; 848 IAC 3-3-1; filed Jul 29, 1994, 5:00 p.m.: 17 IR 2873; 848 IAC 4-1-2 "Board" defined readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR Authority: IC 25-23-1-7 940; readopted filed Jul 19, 2007, 12:54 p.m.: Affected: IC 25-23-1 20070808-IR-848070058RFA) Sec. 2. "Board" means the Indiana state board of nursing. Rule 4. Limitations of Rules (Indiana State Board of Nursing; 848 IAC 4-1-2; filed Jul 29, 1994, 5:00 p.m.: 17 IR 2874; 848 IAC 3-4-1 Limitations of rules (Repealed) readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR Sec. 1. (Repealed by Indiana State Board of 940; readopted filed Jul 19, 2007, 12:54 p.m.: Nursing; filed Nov 21, 2001, 10:23 a.m.: 25 IR 20070808-IR-848070058RFA) 1329) 848 IAC 4-1-3 "Advanced practice nurse" Rule 5. Fees for Nurse-Midwives defined Authority: IC 25-23-1-7 848 IAC 3-5-1 Fees for nurse-midwives Affected: IC 16-21; IC 25-23-1-1 Authority: IC 25-23-1-7 Sec. 3. (a) "Advanced practice nurse" means a Affected: IC 25-23-1-1; IC 25-23-1-13.1 registered nurse holding a current license in Sec. 1. (a) The application fee for limited Indiana who: licensure as a nurse-midwife shall be fifty dollars (1) has obtained additional knowledge and skill ($50). through a formal, organized program of study (b) The fee for renewal of a nurse-midwife limited and clinical experience, or its equivalent, as license shall be fifty dollars ($50). determined by the board; (c) The penalty fee for late renewals is as (2) functions in an expanded role of nursing at a established by the health professions bureau. specialized level through the application of (d) The fee for a duplicate nurse-midwife wall advanced knowledge and skills to provide certificate shall be ten dollars ($10). healthcare to individuals, families, or groups in a (e) The fee for endorsement out of Indiana for a variety of settings, including, but not limited to: nurse-midwife shall be ten dollars ($10). (A) homes; (Indiana State Board of Nursing; 848 IAC 3-5-1; (B) institutions; filed Jul 29, 1994, 5:00 p.m.: 17 IR 2873; filed (C) offices; Dec 19, 1996, 10:00 a.m.: 20 IR 1123; readopted (D) industries;
85 (E) schools; (A) A formal organized program of study and (F) community agencies; clinical experience which prepares the registered (G) private practice; nurse to practice as a nurse practitioner. (H) hospital outpatient clinics; and (B) The required program of study at a time (I) health maintenance organizations; and when there was no credentialing or certification (3) makes independent decisions about the process available in the specialty area of the nursing needs of clients. program of study. (b) The three (3) categories of advanced practice (b) "NP" means nurse practitioner and are the nurses as defined in IC 25-23-1-1 are as follows: designated authorized initials to be used by the (1) Nurse practitioner as defined in section 4 of nurse practitioner. this rule. (Indiana State Board of Nursing; 848 IAC 4-1-4; (2) Certified nurse-midwife as defined in 848 IAC filed Jul 29, 1994, 5:00 p.m.: 17 IR 2874; 3-1. readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR (3) Clinical nurse specialist as defined in section 940; readopted filed Jul 19, 2007, 12:54 p.m.: 5 of this rule. 20070808-IR-848070058RFA) (Indiana State Board of Nursing; 848 IAC 4-1-3; filed Jul 29, 1994, 5:00 p.m.: 17 IR 2874; 848 IAC 4-1-5 "Clinical nurse specialist" readopted filed Nov 21, 2001, 10:23 a.m.: 25 IR defined 1329; readopted filed Jul 19, 2007, 12:54 p.m.: Authority: IC 25-23-1-7 20070808-IR-848070058RFA) Affected: IC 25-23-1 Sec. 5. (a) "Clinical nurse specialist" means an advanced practice nurse who does the following: (1) Meets the requirements of an advanced 848 IAC 4-1-4 "Nurse practitioner" defined practice nurse as outlined in section 3 of this Authority: IC 25-23-1-7 rule. Affected: IC 25-23-1 (2) Has completed a graduate program offered Sec. 4. (a) "Nurse practitioner" means an by a college or university accredited by the advanced practice nurse who provides advanced Commission on Recognition of Postsecondary levels of nursing client care in a specialty role, Accreditation designed to train clinical nurse who meets the requirements of an advanced specialists which grants, at a minimum, a practice nurse as outlined in section 3 of this master's degree and which meets the rule, and who has completed any of the requirements of section 6 of this rule. following: (3) Provides advanced levels of client care and (1) A graduate program offered by a college or assists other health professionals in establishing university accredited by the Commission on and meeting health goals. Clinical nurse Recognition of Postsecondary Accreditation specialists collaborate and consult with other which prepares the registered nurse to practice health care providers who may need assistance as a nurse practitioner and meets the in dealing with complex client problems. requirements of section 6 of this rule. (b) "CNS" means clinical nurse specialist and are (2) A certificate program offered by a college or the designated authorized initials to be used by university accredited by the Commission on the clinical nurse specialist. Recognition of Postsecondary Accreditation (Indiana State Board of Nursing; 848 IAC 4-1-5; which prepares the registered nurse to practice filed Jul 29, 1994, 5:00 p.m.: 17 IR 2874; as a nurse practitioner and meets the readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR requirements of section 6 of this rule. Nurse 940; readopted filed Jul 19, 2007, 12:54 p.m.: practitioners who complete a certificate program 20070808-IR-848070058RFA) must be certified and maintain certification as a nurse practitioner by a national organization which requires a national certifying examination. (3) Prior to the promulgation of this article, the following:
86 848 IAC 4-1-6 "Formal organized program of (D) evaluate patient outcomes; and study and clinical experience or the (E) collaborate with or refer to a practitioner, as equivalent as determined by the board" defined in IC 25-23-1-19.4, in managing the plan defined of care. Authority: IC 25-23-1-7 (2) Use advanced knowledge and skills in Affected: IC 25-23-1-1 teaching and guiding clients and other health Sec. 6. "Formal organized program of study and team members. clinical experience or the equivalent as (3) Use appropriate critical thinking skills to make determined by the board" means: independent decisions, commensurate with the (1) a program offered by a college or university autonomy, authority, and responsibility of a nurse accredited by the Commission on Recognition of practitioner. Postsecondary Accreditation that includes: (4) Function within the legal boundaries of their (A) instruction in the biological, behavioral, advanced practice area and shall have and medical, and nursing sciences relevant to utilize knowledge of the statutes and rules practice as an advanced practice nurse in a governing their advanced practice area, including specified category; the following: (B) instruction in the legal, ethical, and (A) State and federal drug laws and regulations. professional responsibilities of advanced practice (B) State and federal confidentiality laws and nursing; and regulations. (C) supervised clinical practice of those skills (C) State and federal medical records access used by the advanced practice nurse in a laws. specialty role; or (5) Consult and collaborate with other members (2) experience obtained in collaboration with a of the health team as appropriate to provide physician, prior to the promulgation of this article, reasonable client care, both acute and ongoing. which was required by a national organization as (6) Recognize the limits of individual knowledge a prerequisite for a national certifying and experience, and consult with or refer clients examination used to certify a registered nurse in to other health care providers as appropriate. a specialty area. (7) Retain professional accountability for any (Indiana State Board of Nursing; 848 IAC 4-1-6; delegated intervention, and delegate filed Jul 29, 1994, 5:00 p.m.: 17 IR 2875; interventions only as authorized by IC 25-23-1 readopted filed Nov 21, 2001, 10:23 a.m.: 25 IR and this title. 1329; readopted filed Jul 19, 2007, 12:54 p.m.: (8) Maintain current knowledge and skills in the 20070808-IR-848070058RFA) nurse practitioner area. (9) Conduct an assessment of clients and Rule 2. Competent Practice of Nurse families which may include health history, family Practitioners history, physical examination, and evaluation of health risk factors. 848 IAC 4-2-1 Competent practice of nurse (10) Assess normal and abnormal findings practitioners obtained from the history, physical examination, Authority: IC 25-23-1-7 and laboratory results. Affected: IC 25-23-1-19.4 (11) Evaluate clients and families regarding Sec. 1. A nurse practitioner shall perform as an development, coping ability, and emotional and independent and interdependent member of the social well-being. health team as defined in 848 IAC 2-1-3. The (12) Plan, implement, and evaluate care. following are standards for each nurse (13) Develop individualized teaching plans with practitioner: each client based on health needs. (1) Assess clients by using advanced knowledge (14) Counsel individuals, families, and groups and skills to: about health and illness and promote attention to (A) identify abnormal conditions; wellness. (B) diagnose health problems; (15) Participate in periodic or joint evaluations of (C) develop and implement nursing treatment service rendered, including, but not limited to, the plans; following:
87 (A) Chart reviews. (6) Recognize the limits of individual knowledge (B) Client evaluations. and experience, and consult with or refer clients (C) Outcome statistics. to other health care providers as appropriate. (16) Conduct and apply research findings (7) Retain professional accountability for any appropriate to the area of practice. delegated intervention, and delegate (17) Participate, when appropriate, in the joint interventions only as authorized by IC 25-23-1 review of the plan of care. and this title. (Indiana State Board of Nursing; 848 IAC 4-2-1; (8) Maintain current knowledge and skills in their filed Jul 29, 1994, 5:00 p.m.: 17 IR 2875; clinical nurse specialist area. readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR (9) Provide direct nursing care utilizing advanced 940; readopted filed Jul 19, 2007, 12:54 p.m.: scientific knowledge, nursing theory, and nursing 20070808-IR-848070058RFA) skills in the assessment, planning, implementation, and evaluation of health and Rule 3. Competent Practice of Clinical Nurse nursing care of individual clients. Specialists (10) Provide indirect nursing care through planning, guiding, evaluating, and directing 848 IAC 4-3-1 Competent practice of clinical nursing care delivered by nursing and ancillary nurse specialists personnel as authorized by IC 25-23-1 and this Authority: IC 25-23-1-7 title. Affected: IC 16-21; IC 25-23-1-1; IC 25-23-1-33 (11) Conduct nursing research, including Sec. 1. A clinical nurse specialist shall perform methods of nursing intervention and healthcare as an independent and interdependent member in the area of specialization, and apply research of the health care team as defined in 848 IAC 2- findings appropriate to the area of practice. 1-3. The following are standards for each clinical (12) Teach and counsel individuals or groups by nurse specialist: utilizing communication skills and teaching or (1) Assess clients by using advanced knowledge learning theories to increase knowledge or and skills to: functioning of individuals or groups, nursing (A) identify abnormal conditions; personnel, students, and other members of the (B) diagnose health problems; health care team. (C) develop and implement nursing treatment (13) Serve as a consultant and as a resource, plans; and utilizing advanced health knowledge and skills, to (D) evaluate patient outcomes. those who are directly and indirectly involved in (2) Use advanced knowledge and skills in patient care. teaching and guiding clients and other health (14) Participate in periodic evaluation of services team members. rendered, including, but not limited to, the (3) Use appropriate critical thinking skills to make following: independent decisions, commensurate with the (A) Chart reviews. autonomy, authority, and responsibility of the (B) Case reviews. clinical nurse specialist. (C) Patient evaluations. (4) Function within the legal boundaries of their (D) Outcome of case statistics. advanced practice area and shall have and (Indiana State Board of Nursing; 848 IAC 4-3-1; utilize knowledge of the statutes and rules filed Jul 29, 1994, 5:00 p.m.: 17 IR 2876; governing their advanced practice areas, readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR including the following: 940; readopted filed Jul 19, 2007, 12:54 p.m.: (A) State and federal drug laws and regulations. 20070808-IR-848070058RFA) (B) State and federal confidentiality laws and regulations. Rule 4. Limitations of Rules (C) State and federal medical records access laws. 848 IAC 4-4-1 Limitations of rules (Repealed) (5) Consult and collaborate with other members Sec. 1. (Repealed by Indiana State Board of of the health team as appropriate to provide Nursing; filed Nov 21, 2001, 10:23 a.m.: 25 IR reasonable client care. 1329)
88 ARTICLE 5. PRESCRIPTIVE AUTHORITY FOR (i) The names of such states or jurisdictions that ADVANCED PRACTICE NURSING previously licensed the applicant. (ii) The dates of such licensure. Rule 1. Prescriptive Authority (iii) The license number. (iv) The current status of such licensure. 848 IAC 5-1-1 Initial authority to prescribe (K) Whether the applicant has been denied a legend drugs license to practice nursing by any state or Authority: IC 25-23-1-7 jurisdiction and, if so, the details thereof, Affected: IC 25-23-1 including the following: Sec. 1. (a) An advanced practice nurse may be (i) The name and location of the state or authorized to prescribe legend drugs, including jurisdiction denying licensure. controlled substances, if the advanced practice (ii) The date of denial of such licensure. nurse does the following: (iii) The reasons relating thereto. (1) Submits an application on a form prescribed (L) A certified statement that the applicant has by the board with the required fee, including, but not been convicted of a criminal offense not limited to, the following information: (excluding minor traffic violations) or a certified (A) Complete name, residence and office statement listing all criminal offenses of which addresses with zip codes, and residence and the applicant has been convicted. This listing business telephone numbers with area codes. must include the following: (B) All names used by the applicant, explaining (i) The offense of which the applicant was the reasons for any name change or use. convicted. (C) Date and place of birth. (ii) The court in which the applicant was (D) Citizenship and visa status, if applicable. convicted. (E) A complete statement of all nursing (iii) The cause number in which the applicant education received, providing the following: was convicted. (i) Names and locations of all colleges, schools, (M) All information in the application shall be or universities attended. submitted under oath or affirmation, subject to (ii) Dates of attendance. the penalties for perjury. (iii) Degrees obtained or received. (2) Submits proof of holding an active, (F) Whether the applicant has ever had any unrestricted: disciplinary action taken against the applicant's (A) Indiana registered nurse license; or nursing license by the board or by the licensing (B) registered nurse license in another compact agency of any other state or jurisdiction and the state and having filed a Multi-state Privilege details and dates thereof. Notification Form with the health professions (G) A complete list of all places of employment, bureau. including the following: (3) Submits proof of having met the requirements (i) The names and addresses of employers. of all applicable laws for practice as an advanced (ii) The dates of each employment. practice nurse in the state of Indiana. (iii) Employment responsibilities held or (4) Submits proof of a baccalaureate or higher performed that the applicant had since degree in nursing. graduation from nursing school. (5) If the applicant holds a baccalaureate degree (H) Whether the applicant is, or has been, only, submits proof of certification as a nurse addicted to any narcotic drug, alcohol, or other practitioner or certified nurse-midwife by a drugs and, if so, the details thereof. national organization recognized by the board (I) Whether the applicant has been convicted of and which requires a national certifying any violation of law relating to drug abuse, examination. controlled substances, narcotic drugs, or any (6) Submits proof of having successfully other drugs. completed a graduate level pharmacology (J) Whether the applicant has previously been course consisting of at least two (2) semester licensed to practice nursing in any other state or hours of academic credit from a college or jurisdiction and, if so, the following: university accredited by the Commission on Recognition of Postsecondary Accreditation:
89 (A) within five (5) years of the date of application; (iv) provide coverage during absence, incapacity, or infirmity, or emergency by the licensed (B) if the pharmacology course was completed practitioner. more than five (5) years immediately preceding (E) A description of what limitation, if any, the the date of filing the application, the applicant licensed practitioner has placed on the advanced must submit proof of the following: practice nurse's prescriptive authority. (i) Completing at least thirty (30) actual contact (F) A description of the time and manner of the hours of continuing education during the two (2) licensed practitioner's review of the advanced years immediately preceding the date of the practice nurse's prescribing practices. The application, including a minimum of at least eight description shall include provisions that the (8) actual contact hours of pharmacology, all of advanced practice nurse must submit which must be approved by a nationally documentation of the advanced practice nurse's approved sponsor of continuing education for prescribing practices to the licensed practitioner nurses. within seven (7) days. Documentation of (ii) Prescriptive experience in another jurisdiction prescribing practices shall include, but not be within the five (5) years immediately preceding limited to, at least a five percent (5%) random the date of the application. sampling of the charts and medications (7) Submits proof of collaboration with a licensed prescribed for patients. practitioner in the form of a written practice (G) A list of all other written practice agreements agreement that sets forth the manner in which of the licensed practitioner and the advanced the advanced practice nurse and licensed practice nurse. practitioner will cooperate, coordinate, and (H) The duration of the written practice consult with each other in the provision of health agreement between the licensed practitioner and care to patients. Practice agreements shall be in the advanced practice nurse. writing and shall also set forth provisions for the (8) Written practice agreements for advanced type of collaboration between the advanced practice nurses applying for prescriptive authority practice nurse and the licensed practitioner and shall not be valid until prescriptive authority is the reasonable and timely review by the licensed granted by the board. practitioner of the prescribing practices of the (b) When the board determines that the applicant advanced practice nurse. Specifically, the written has met the requirements under subsection (a), practice agreement shall contain at least the the board shall send written notification of following information: authority to prescribe to the advanced practice (A) Complete names, home and business nurse, including the identification number and addresses, zip codes, and telephone numbers of designated authorized initials to be used by the the licensed practitioner and the advanced advanced practice nurse. practice nurse. (c) Advanced practice nurses who have been (B) A list of all other offices or locations besides granted prescriptive authority will immediately those listed in clause (A) where the licensed notify the board in writing of any changes in, or practitioner authorized the advanced practice termination of, written practice agreements, nurse to prescribe. including any changes in the prescriptive (C) All specialty or board certifications of the authority of the collaborating licensed licensed practitioner and the advanced practice practitioner. Written practice agreements shall nurse. terminate automatically if the advanced practice (D) The specific manner of collaboration between nurse or licensed practitioner no longer has an the licensed practitioner and the advanced active, unrestricted license. practice nurse, including how the licensed (d) Advanced practice nurses wishing to practitioner and the advanced practice nurse will: prescribe controlled substances must obtain an (i) work together; Indiana controlled substances registration and a (ii) share practice trends and responsibilities; federal Drug Enforcement Administration (iii) maintain geographic proximity; and registration. (Indiana State Board of Nursing; 848 IAC 5-1-1; filed Jul 29, 1994, 5:00 p.m.: 17 IR 2876;
90 readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR 940; filed Dec 24, 2003, 10:45 a.m.: 27 IR 1571) Rule 2. Limitations of Rules
848 IAC 5-1-2 Prescribing legend drugs; use 848 IAC 5-2-1 Limitations of rules of forms (Repealed) Authority: IC 25-23-1-7 Sec. 2. (Repealed by Indiana State Board of Affected: IC 25-23-1 Nursing; filed Dec 19, 1996, 10:00 a.m.: 20 IR Sec. 1. No written practice agreement shall be 1122) necessary unless the advanced practice nurse seeks prescriptive authority. 848 IAC 5-1-3 Renewal of authority to (Indiana State Board of Nursing; 848 IAC 5-2-1; prescribe legend drugs filed Jul 29, 1994, 5:00 p.m.: 17 IR 2878; Authority: IC 25-23-1-7 readopted filed Nov 21, 2001, 10:23 a.m.: 25 IR Affected: IC 25-23-1 1329; readopted filed Jul 19, 2007, 12:54 p.m.: Sec. 3. (a) Prescriptive authority for the 20070808-IR-848070058RFA) advanced practice nurse expires on October 31 in each odd-numbered year. Failure to renew the Rule 3. Fees for Prescriptive Authority prescriptive authority on or before the expiration date will automatically render the authority invalid 848 IAC 5-3-1 Fees for prescriptive authority without any action by the board. Authority: IC 25-23-1-7 (b) A notice of expiration and instructions for Affected: IC 25-23-1 renewal of the authority to prescribe legend Sec. 1. (a) The application fee for an advanced drugs will be mailed in odd-numbered years with practice nurse to receive prescriptive authority the renewal for registered nurse licensure. shall be fifty dollars ($50). (c) Applicants for renewal of the prescriptive (b) The fee for renewal of advanced practice authority shall pay a renewal fee in addition to nurse prescriptive authority shall be ten dollars the fee for renewal of the registered nurse ($10). license. (c) The penalty fee for late renewals is as (d) The notice of expiration for renewal of the established by the health professions bureau. prescriptive authority shall be mailed to the last (d) The fee for a duplicate wall certificate for known address of the licensee. Failure to receive advanced practice nurse prescriptive authority the application for renewal shall not relieve the shall be ten dollars ($10). licensee of the responsibility for renewing the (e) The fee for written verification of advanced registered nurse license and the authorization to practice nurse prescriptive authority shall be ten prescribe by the renewal date. dollars ($10). (e) Applicants for renewal of prescriptive (Indiana State Board of Nursing; 848 IAC 5-3-1; authority shall submit the following to the board filed Jul 29, 1994, 5:00 p.m.: 17 IR 2879; filed along with the renewal form and fee: Jun 6, 1996, 9:00 a.m.: 19 IR 3105; readopted (1) Proof of at least thirty (30) actual contact filed Jul 30, 2001, 2:07 p.m.: 24 IR 4237; hours of continuing education during the two (2) readopted filed Jul 19, 2007, 12:54 p.m.: years immediately preceding renewal, including 20070808-IR-848070058RFA) at least eight (8) actual contact hours of pharmacology, approved by a nationally ARTICLE 6. INTERSTATE NURSE approved sponsor of continuing education for LICENSURE COMPACT AND MULTISTATE nurses. LICENSURE PRIVILEGES (REPEALED) (2) A current signed and dated written collaborative practice agreement that contains all (Repealed by Indiana State Board of Nursing; of the information required under section 1 of this filed Mar 16, 2005, 11:50 a.m.: 28 IR 2385) rule. (Indiana State Board of Nursing; 848 IAC 5-1-3; filed Jul 29, 1994, 5:00 p.m.: 17 IR 2878; readopted filed Nov 6, 2001, 4:18 p.m.: 25 IR 940; filed Dec 24, 2003, 10:45 a.m.: 27 IR 1573)
91 ARTICLE 7. INDIANA STATE NURSES (Indiana State Board of Nursing; 848 IAC 7-1-1; ASSISTANCE PROGRAM filed Jan 23, 2006, 8:35 a.m.: 29 IR 1927)
Rule 1. General Provisions 848 IAC 7-1-2 Eligibility Authority: IC 25-23-1-7 848 IAC 7-1-1 Definitions Affected: IC 25-23-1-31 Authority: IC 25-23-1-7 Sec. 2. (a) A nurse who has been affected by the Affected: IC 25-23-1-1.1; IC 25-23-1-1.2; IC 25- personal use or abuse of alcohol or other drugs 23-1-31 is eligible for participation in ISNAP if the nurse: Sec. 1. The following definitions apply throughout (1) is licensed by the board; this article: (2) has: (1) “Board” means the Indiana state board of (A) applied for: nursing. (i) licensure by examination; (2) “Indiana State Nurses Assistance Program” (ii) licensure by endorsement; or or “ISNAP” means an abstinence based program (iii) reinstatement of a lapsed license; or for the rehabilitation and monitoring of: (B) submitted a renewal application. (A) impaired registered nurses; or (b) In order to participate in ISNAP, the nurse (B) licensed practical nurses; must sign an abstinence based RMA with that have been affected by the personal use or ISNAP. Failure to comply with the terms of the abuse of alcohol or other drugs. RMA may subject the nurse to termination from (3) “IPLA” means the Indiana professional participation in ISNAP. licensing agency. (c) A nurse shall maintain an active Indiana (4) “Nurse” means either of the following: nursing license to be and to remain eligible for (A) Registered nurse as defined in IC 25-23-1- participation in ISNAP. A nurse who allows the 1.1. nurse’s license to lapse while enrolled in ISNAP (B) Licensed practical nurse as defined in IC 25- shall be terminated from participation in ISNAP 23-1-1.2. until the nurse’s license is renewed. A nurse (5) “Recovery monitoring agreement” or “RMA” whose license is revoked may no longer means the written document establishing the participate in ISNAP at the expense of the state terms for an individual registered nurse’s or of Indiana. licensed practical nurse’s participation in the (d) A nurse who holds: abstinence based rehabilitation monitoring (1) an Indiana nursing license; and program. (2) a nursing license in another state; (6) “Treatment program” means an abstinence but practices in another state shall be monitored based program or facility that is accredited by by the state in which the nurse practices if the any of the following: other state has a monitoring program. (A) The Joint Commission on Accreditation of (e) If a nurse is being monitored by another Healthcare Organizations (JCAHO). state’s program, the nurse shall be responsible (B) Other appropriate agencies that accredit for causing the monitoring program in the other addiction treatment programs, including, but not state to submit copies of that program’s limited to, the following: monitoring reports to the board and adherence (i) The Commission on Accreditation for information requested if the nurse has had Rehabilitation Facilities (CARF). disciplinary action imposed on the nurse’s (ii) The Council on Accreditation of Services for license by the Indiana board. Families and Children (COA). (f) A nurse who practices in another state that (iii) The Health Facilities Accreditation Program does not have a monitoring program is eligible (HFAP). for monitoring by ISNAP if the nurse maintains (iv) The Indiana Family and Social Services an active Indiana license. Administration (FSSA). (g) A nurse who signs an RMA with ISNAP and (v) The Indiana State Department of Health begins practicing in another state shall be (ISDH). monitored by the other state unless the other state does not have a monitoring program.
92 (Indiana State Board of Nursing; 848 IAC 7-1-2; (10) Any other information related to the filed Jan 23, 2006, 8:35 a.m.: 29 IR 1927) rehabilitation and monitoring of the nurse. (Indiana State Board of Nursing; 848 IAC 7-1-3; 848 IAC 7-1-3 Recovery monitoring filed Jan 23, 2006, 8:35 a.m.: 29 IR 1928) agreement requirements for participants Authority: IC 25-23-1-7 848 IAC 7-1-4 Recovery monitoring Affected: IC 25-23-1-31 agreement requirements; length of Sec. 3. (a) A nurse participating in ISNAP must agreement execute and abide by the terms of an RMA. The Authority: IC 25-23-1-7 RMA shall identify the requirements and Affected: IC 25-23-1-31 responsibilities of the parties to the agreement. Sec. 4. (a) The RMA will last a minimum of three (b) The RMA shall include, but is not limited to, (3) years, except as provided in subsections (b) the following: and (c). The requirements for monitoring will be: (1) The length of time the nurse shall participate (1) more stringent in the first two (2) years; and in ISNAP. (2) eased in the third year if the nurse’s recovery (2) The abstinence based treatment plan to be is progressing well. followed by the nurse. (b) Relapses and other failures to comply with (3) The consequences of failure to comply with the terms of the RMA may result in a longer the abstinence based treatment plan or other period of monitoring. As appropriate, an terms of the RMA. addendum to the RMA may be initiated by (4) The restrictions placed on the nurse’s ISNAP. However, the monitoring program shall activities regarding the practice of nursing and not exceed five (5) years, except in case of the duration of such restrictions. extenuating circumstances. Participation in the (5) The requirements for monitoring and monitoring program beyond the five (5) year supervision that must be met by the nurse. maximum must receive preauthorization from the (6) A statement that will allow the IPLA and the board. board to do the following: (c) Mitigating factors including, but not limited to, (A) Review the nurse’s file for compliance with the following may be taken into consideration by the RMA. ISNAP in determining the length of an individual (B) Audit the services provided by ISNAP. nurse’s participation in the program and may (7) The releases for seeking information or cause the RMA to last less than three (3) years: records related to the nurse’s impairment from (1) Time spent in a treatment facility or treatment the following: program before executing the RMA. (A) Family. (2) Documented sobriety or recovery before (B) Peers. executing the RMA. (C) Medical personnel. (3) The severity of the nurse’s use or abuse of (D) Employers. alcohol or other drugs. (E) Treatment providers. (Indiana State Board of Nursing; 848 IAC 7-1-4; (8) A statement that costs accruing to the nurse, filed Jan 23, 2006, 8:35 a.m.: 29 IR 1928) including, but not limited to, treatment and body fluid screens, shall: 848 IAC 7-1-5 Recovery monitoring (A) be the responsibility of the nurse; and agreement requirements; voluntary and (B) not be the responsibility of ISNAP. involuntary referrals (9) The fee to be assessed to the nurse for Authority: IC 25-23-1-7 participation in the program, including the Affected: IC 25-23-1-31 following: Sec. 5. (a) An impaired nurse may enter the (A) The fee assessed for all participants, if any. rehabilitation and monitoring program either by (B) An additional fee that may be assessed if the voluntary referral or by involuntary referral. nurse is terminated or otherwise released from (b) If the nurse contacts ISNAP voluntarily: the program and then readmitted. (1) the rehabilitation monitoring program shall be (C) An additional fee that may be assessed if the explained by ISNAP; and length of the nurse’s RMA is extended.
93 (2) an appointment shall be scheduled for an the program for failure to comply with program initial screening. requirements. (c) A nurse may enter the rehabilitation (d) In addition to subsection (a), ISNAP may monitoring program by an involuntary referral if: monitor each nurse for compliance in family (1) the rehabilitation monitoring program is treatment and special treatment, including, but contacted by: not limited to, the following if those treatments (A) individuals; are included in the individual nurse’s treatment (B) supervisors; or plan: (C) professional organizations; (1) Pain management. regarding the nurse in need of assistance; or (2) Psychiatric treatment. (2) a nurse is referred to the rehabilitation (3) Psychological treatment. monitoring program by order of the board. (e) ISNAP: If a nurse is involuntarily referred under (1) shall report to the board the name and subdivision (1), ISNAP shall assist in developing license number of a nurse that has failed to individual strategies, including techniques for comply with the provisions of the rehabilitation intervention to arrange a referral to the program. and monitoring program and the circumstances (d) If the nurse does not agree to participate in surrounding the failure to comply; the program by voluntary or involuntary referral, (2) may release information to the board or to the a written complaint shall be filed by ISNAP with consumer protection division of the office of the the consumer protection division of the office of attorney general, in compliance with: the attorney general. (A) IC 25-23-1-31; and (Indiana State Board of Nursing; 848 IAC 7-1-5; (B) all applicable state and federal confidentiality filed Jan 23, 2006, 8:35 a.m.: 29 IR 1929) laws and regulations. (f) ISNAP shall, upon the written request of the 848 IAC 7-1-6 Recovery monitoring nurse, purge participant records provided that no agreement requirements; additional program additional occurrences of alcohol or other drug requirements related violations have been reported to the Authority: IC 25-23-1-7 board over a period of seven (7) years from the Affected: IC 16-39; IC 25-23-1-31 nurse’s last use of alcohol or other drugs, under Sec. 6. (a) ISNAP shall monitor each nurse’s IC 16-39. ISNAP may purge records after seven participation in the rehabilitation monitoring (7) years as provided for in IC 16-39. program for compliance with the program. (g) After a nurse has completed the RMA period, (b) The treatment plan referenced in the RMA upon the nurse’s request, the nurse will be must be abstinence based. permitted to voluntarily sign a subsequent (c) Monitoring shall include the following, as each agreement for an additional period of time. The applies to the individual nurse’s treatment plan: nurse is directly responsible for the cost of all (1) Treatment and therapy: monitoring conducted by ISNAP. The cost of (A) recommendations; monitoring of these individuals shall not be (B) participation; assessed to the board. including aftercare. (Indiana State Board of Nursing; 848 IAC 7-1-6; (2) Participation in an abstinence based support filed Jan 23, 2006, 8:35 a.m.: 29 IR 1929) group. (3) Professional support group participation. (4) Work activities, including the following: (A) Return-to-work issues for all participants. (B) Ongoing monitoring of work performance and compliance with restrictions or limitations imposed by the program contract or the board. (5) Random drug testing. (6) A determination by ISNAP whether or not the nurse shall be terminated from participation in
94 848 IAC 7-1-7 Violations Authority: IC 25-23-1-7 Affected: IC 25-1-9; IC 25-23-1-31 Sec. 7. A nurse’s failure to: (1) comply with the program requirements that result in the termination of that nurse’s participation in ISNAP; or (2) sign an RMA; will subject the nurse to discipline under IC 25-1- 9. (Indiana State Board of Nursing; 848 IAC 7-1-7; filed Jan 23, 2006, 8:35 a.m.: 29 IR 1929)
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