Title 25, PROFESSIONS AND OCCUPATIONS

Sec. 3. (a) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states. (b) The commission shall promulgate a rule providing for both mediation and binding dispute …

Sec. 4. (a) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact. (b) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal distric…

Sec. 1. The attorney general, the prosecuting attorney of a county, the board, or a citizen of a county where a person who is not exempted or a professional surveyor engages in the practice of surveying may file an action in the name of the state of Indiana to prohibit the person…

Sec. 2. A person who violates an order issued under section 1 of this chapter shall be punished for contempt of court. An order does not relieve a person who is engaged in the practice of surveying but who is not a professional surveyor from the requirement of registering under t…

Sec. 3. A complaint for a violation of a provision of this chapter is sufficient if the complaint alleges that a person on a specific day: (1) engaged in the practice of surveying in Indiana; (2) did not have a valid certificate of registration; and (3) was not exempt from regist…

Sec. 4. (a) The professional surveyor and surveyor intern investigative fund is established to provide funds for administering and enforcing the provisions of this article, including investigating and taking enforcement action against violators of this article. The fund shall be …

Sec. 1. (a) As used in this chapter, "financial interest" means an ownership or investment interest through equity, debt, or other means. The term includes an ownership or investment interest in an entity that holds: (1) directly; or (2) through a subsidiary; an ownership or inve…

Sec. 2. As used in this chapter, "health care entity" means an organization or a business that provides diagnostic, medical, or surgical services, dental treatment, or rehabilitative care. As added by P.L.217-2005, SEC.26.

Sec. 3. (a) Except as provided in subsection (b), a physician must do the following before referring an individual to a health care entity in which the physician has a financial interest: (1) Disclose in writing to the individual that the physician has a financial interest in the…

Sec. 4. Compliance with this chapter is a condition of licensure under this article. As added by P.L.217-2005, SEC.26.

Sec. 5. This chapter is not intended to conflict with 42 U.S.C. 1395nn or 42 U.S.C. 1396b(s). As added by P.L.217-2005, SEC.26.

Sec. 1. (a) Except for an individual who is licensed under IC 25-22.5, is licensed under IC 25-33, is an advanced practice registered nurse (as defined by IC 25-23-1-1(b)), or is licensed under this article, and who uses the terms within the scope of the individual's education, t…

Sec. 2. (a) An individual may not knowingly use a license issued under this article unless: (1) the license was issued to the individual; and (2) the license is valid. (b) An individual who violates this section commits a Class A misdemeanor. As added by P.L.147-1997, SEC.72.…

Sec. 3. (a) An individual may not knowingly present false or forged information or documents to the board for the purpose of obtaining a license under this article. (b) An individual who violates this section commits a Class A misdemeanor. As added by P.L.147-1997, SEC.72.

Sec. 4. An individual licensed under this article may not make a mental health diagnosis unless the individual meets all of the following criteria: (1) Has at least sixty (60) clock hours (as defined in 34 CFR 600.2) of graduate studies in mental health diagnosis. (2) Training th…

Sec. 1. The commission shall exercise the commission's rulemaking powers pursuant to the criteria set forth in this chapter and the rules adopted under this chapter. Rules and amendments shall become binding as of the date specified in each rule or amendment. As added by P.L.65-2…

Sec. 2. If a majority of the legislatures of the compact states reject a rule, by enactment of a statute or resolution in the same manner that was used to adopt the compact, then the rule shall have no further force and effect in any compact state. As added by P.L.65-2022, SEC.2.

Sec. 3. Rules, or amendments to the rules, shall be adopted at a regular or special meeting of the commission. As added by P.L.65-2022, SEC.2.

Sec. 4. (a) Before promulgation and adoption of a final rule by the commission, and at least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking as follows: (1) On the commission'…

Sec. 5. Before the adoption of a proposed rule, the commission shall allow a person to submit written data, facts, opinions, and arguments to the commission and the submission shall be made available to the public. As added by P.L.65-2022, SEC.2.

Sec. 6. (a) The commission shall grant an opportunity for a public hearing before the commission adopts a rule or amendment if a hearing is requested by: (1) at least twenty-five (25) persons who submit comments independently of each other; (2) a governmental subdivision or agenc…

Sec. 7. (a) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without: (1) prior notice; (2) opportunity for comment; or (3) hearing; provided that the usual rulemaking procedures provided in the compact and in this chapter shall…

Sec. 8. (a) The commission, or an authorized committee of the commission, may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions…

Sec. 1. As used in this chapter, "appraisal" has the meaning set forth in IC 24-5-23.5-1. As added by P.L.77-2010, SEC.2.

Sec. 10. (a) The board shall issue a certificate of registration to an appraisal management company that: (1) has furnished the information required by section 9(a) of this chapter in the manner prescribed by the board; and (2) paid the fee required under section 9(b) of this cha…

Sec. 11. (a) A person may not own an interest in an appraisal management company if the person has had the person's license or certificate to act as a real estate appraiser in Indiana or any other state revoked, refused, denied, canceled, or surrendered in lieu of revocation, for…

Sec. 12. (a) As used in this section, "appraisal review" means the USPAP Standard 3 process of developing and communicating an opinion about the quality of an independent real estate appraiser's work that is performed as part of an appraisal assignment made by an appraisal manage…

Sec. 13. (a) An appraisal management company performing appraisal management services shall maintain a record of each service request for an appraisal that the appraisal management company receives. The following must be included in a record maintained under this subsection: (1) …

Sec. 13.3. (a) Before an appraisal management company may engage a real estate appraiser to perform an appraisal under this chapter, the appraisal management company shall provide the real estate appraiser with a proposed contract to perform the appraisal. The proposed contract m…

Sec. 13.5. (a) As used in this section, "peers", with respect to a real estate appraiser who performs an appraisal assignment for an appraisal management company, means other real estate appraisers who have expertise and competency in a similar type of assignment. (b) As used in …

Sec. 14. The board shall prescribe forms for the registration of appraisal management companies under this chapter. As added by P.L.77-2010, SEC.2.

Sec. 15. (a) The board shall establish the registration fee to be paid by an appraisal management company seeking registration under this chapter. The amount of the registration fee must be the lesser of: (1) the amount determined by the board to be sufficient for the administrat…

Sec. 15.5. (a) This section applies to an appraisal management company that qualifies as an appraisal management company under 12 U.S.C. 3350(11). (b) As used in this section, "Appraisal Subcommittee" refers to the Appraisal Subcommittee of the Federal Financial Institutions Exam…

Sec. 16. An appraisal management company is responsible for ensuring an appraisal complies with standards established: (1) in the USPAP; and (2) by the board. As added by P.L.77-2010, SEC.2.

Sec. 17. (a) An appraisal management company that violates this chapter is subject to disciplinary sanctions under IC 25-1-11-12. (b) The board may impose a civil penalty of not more than ten thousand dollars ($10,000) for each violation of this chapter. (c) A civil penalty colle…

Sec. 18. (a) A person who performs appraisal management services without a certificate of registration under this chapter commits a Class A infraction. (b) The attorney general, the board, or the prosecuting attorney of any county in which a violation occurs may maintain an actio…

Sec. 19. The board may adopt rules under IC 4-22-2 that the board considers necessary or advisable for the administration of this chapter. As added by P.L.77-2010, SEC.2.

Sec. 2. As used in this chapter, "appraisal management company" means a person that, for compensation, acts as a third party intermediary by contracting with independent real estate appraisers to perform appraisals for other persons. As added by P.L.77-2010, SEC.2.

Sec. 3. (a) As used in this chapter, "appraisal management services" means any of the following functions: (1) To recruit, qualify, verify licensing or certification, or negotiate fees and service level expectations with independent real estate appraisers on behalf of a person se…

Sec. 4. As used in this chapter, "board" refers to the real estate appraiser licensure and certification board established by IC 25-34.1-8-1. As added by P.L.77-2010, SEC.2.

Sec. 5. (a) As used in this chapter, "person" means an individual engaged in a trade or business, an association, a partnership, a limited partnership, a limited liability company, a corporation, or a similar entity. (b) The term does not include an employee. As added by P.L.77-2…

Sec. 6. As used in this chapter, "real estate appraiser" means a person who: (1) prepares an appraisal for a real estate transaction in Indiana; and (2) meets one (1) or more of the following: (A) Is licensed as a real estate broker under IC 25-34.1 and performs real estate appra…

Sec. 7. "USPAP" refers to the Uniform Standards of Professional Appraisal Practice, as published by the Appraisal Standards Board of the Appraisal Foundation, under the authority of Title XI of the federal Financial Institutions Reform, Recovery, and Enforcement Act (12 U.S.C. 33…

Sec. 8. An appraisal management company may not perform appraisal management services unless the appraisal management company has obtained a certificate of registration from the board under this chapter. As added by P.L.77-2010, SEC.2.

Sec. 9. (a) An appraisal management company that wishes to obtain or renew a certificate of registration under this chapter must submit the following information to the board on forms prescribed by the board: (1) The name of the person seeking registration. (2) The business addre…

Sec. 1. (a) The commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purpose of the compact. (b) Notwithstanding subsection (a), in the event the commission exercises its rulemaking authority in a manner that is beyond the scope of the …