Title 25, PROFESSIONS AND OCCUPATIONS

Sec. 3.5. (a) The board shall annually elect one (1) of its members to be the chair and another member to be the vice chair. (b) A member of the board who serves as chair or vice chair serves until a successor is elected. (c) A member who serves as chair or vice chair may serve n…

Sec. 4. (a) The board must have a quorum to transact business. (b) A quorum of the board consists of a majority of the appointed members. As added by P.L.186-1990, SEC.14. Amended by P.L.249-2019, SEC.130.

Sec. 5. The affirmative vote of three (3) members of the board is required for the board to take action. As added by P.L.186-1990, SEC.14. Amended by P.L.249-2019, SEC.131.

Sec. 6.5. The board shall submit recommendations to the commission concerning the following: (1) Implementation and operation of the real estate appraiser licensure and certification program under IC 25-34.1-3-8. (2) Rules governing real estate appraisers licensed and certified u…

Sec. 7. The board shall do the following: (1) Approve and disapprove applications for licensure and certification. (2) Issue licenses and certificates. As added by P.L.186-1990, SEC.14. Amended by P.L.183-1991, SEC.13.

Sec. 7.5. (a) The investigative fund is established to provide funds for administering and enforcing the provisions of this article, including investigating and taking enforcement action against real estate fraud and real estate appraisal fraud. The fund shall be administered by …

Sec. 7.7. (a) The attorney general and the licensing agency shall enter into a memorandum of understanding to administer and enforce this article. (b) The attorney general and the licensing agency shall present the memorandum of understanding annually to the commission for review…

Sec. 9. Each member of the board who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). Each member of the board is entitled to reimbursement for travel expenses and other expenses actually incurred in connection with the member's du…

Sec. 1. In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to do the following: (1) Take adverse action against a licensed professional counselor's privilege to practice within that m…

Sec. 2. For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to dete…

Sec. 3. The home state shall complete any pending investigations of a licensed professional counselor who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take all appropriate actions and shall promptly re…

Sec. 4. A member state, if otherwise permitted by state law, may recover from the affected licensed professional counselor the costs of investigations and dispositions of cases resulting from any adverse action taken against that licensed professional counselor. As added by P.L.9…

Sec. 5. A member state may take adverse action based on the factual findings of the remote state, provided that the member state follows its own procedures for taking the adverse action. As added by P.L.98-2023, SEC.2.

Sec. 6. (a) In addition to the authority granted to a member state by its respective professional counseling practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees. (b) Member states shall share a…

Sec. 7. If adverse action is taken by the home state against the license of a licensed professional counselor, the licensed professional counselor's privilege to practice in all other member states shall be deactivated until all encumbrances have been removed from the home state …

Sec. 8. If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states. As added by P.L.98-2023, SEC.2.

Sec. 9. Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action. As added by P.L.98-2023, SEC.2.

Sec. 1. As used in this chapter, "board" means any of the entities described in IC 25-0.5-11. As added by P.L.152-1988, SEC.1. Amended by P.L.242-1989, SEC.7; P.L.238-1989, SEC.7; P.L.186-1990, SEC.7; P.L.48-1991, SEC.20; P.L.227-1993, SEC.7; P.L.33-1993, SEC.14; P.L.213-1993, SE…

Sec. 10. (a) The board may summarily suspend a practitioner's license for ninety (90) days before a final adjudication or during the appeals process if the board finds that a practitioner represents a clear and immediate danger to the public health and safety if the practitioner …

Sec. 10.1. The attorney general may retain the services of a clinical consultant or an expert to provide the attorney general with advice concerning the acts that are the subject of a suspension under this chapter. As added by P.L.43-1995, SEC.3.

Sec. 11. The board may reinstate a license which has been suspended under this chapter if, after a hearing, the board is satisfied that the applicant is able to practice with reasonable skill and safety to the public. As a condition of reinstatement, the board may impose discipli…

Sec. 12. The board may not reinstate a license that has been revoked under this chapter. An individual whose license has been revoked under this chapter may not apply for a new license until seven (7) years after the date of revocation. As added by P.L.152-1988, SEC.1.

Sec. 13. The board shall seek to achieve consistency in the application of the sanctions authorized in this section. Significant departures from prior decisions involving similar conduct must be explained in the board's findings or orders. As added by P.L.152-1988, SEC.1.

Sec. 14. A practitioner may petition the board to accept the surrender of the practitioner's license instead of a hearing before the board. The practitioner may not surrender the practitioner's license without the written approval of the board, and the board may impose any condit…

Sec. 15. Practitioners who have been subjected to disciplinary sanctions may be required by a board to pay for the costs of the proceeding. The practitioner's ability to pay shall be considered when costs are assessed. If the practitioner fails to pay the costs, a suspension may …

Sec. 16. (a) The board may refuse to issue a license or may issue a probationary license to an applicant for licensure if: (1) the applicant has been disciplined by a licensing entity of any state or jurisdiction, or has committed an act that would have subjected the applicant to…

Sec. 17. The board may require an applicant for licensure to appear before the board before issuing a license. As added by P.L.33-1993, SEC.16. Amended by P.L.84-2010, SEC.17.

Sec. 18. (a) If the insurance commissioner forwards to the board the name of a practitioner under IC 34-18-9-4(a) (or IC 27-12-9-4(a) before its repeal), the board shall consider whether: (1) the practitioner has become unfit to practice under section 4 of this chapter; and (2) a…

Sec. 19. A practitioner that provides to a patient notice concerning a third party billing for a health care service provided to the patient shall ensure that the notice: (1) conspicuously states that the notice is not a bill; (2) does not include a tear-off portion; and (3) is n…

Sec. 2. (a) As used in this chapter, "practitioner" means an individual who holds: (1) an unlimited license, certificate, or registration; (2) a limited or probationary license, certificate, or registration; (3) a temporary license, certificate, registration, or permit; (4) an in…

Sec. 21. The board may adopt rules under IC 4-22-2 to establish requirements for the management and disposition of health records (as defined in IC 16-18-2-168) on the discontinuation of practice by: (1) sale; (2) transfer; (3) closure; (4) disciplinary action; (5) retirement; or…

Sec. 22. (a) This section applies to: (1) a physician licensed under IC 25-22.5; (2) a physician assistant licensed under IC 25-27.5; (3) a certified direct entry midwife licensed under IC 25-23.4; and (4) an advanced practice registered nurse licensed under IC 25-23; who provide…

Sec. 23. (a) This section does not apply to emergency services. (b) As used in this section, "covered individual" means an individual who is entitled to be provided health care services at a cost established according to a network plan. (c) As used in this section, "emergency ser…

Sec. 3. As used in this chapter, "license" includes a license, certificate, registration, or permit. As added by P.L.152-1988, SEC.1.

Sec. 3.5. As used in this chapter, "sexual contact" means: (1) sexual intercourse (as defined in IC 35-31.5-2-302); (2) other sexual conduct (as defined in IC 35-31.5-2-221.5); or (3) any fondling or touching intended to arouse or satisfy the sexual desires of either the individu…

Sec. 4. (a) A practitioner shall conduct the practitioner's practice in accordance with the standards established by the board regulating the profession in question and is subject to the exercise of the disciplinary sanctions under section 9 of this chapter if, after a hearing, t…

Sec. 4.2. (a) A practitioner, a student in training in a medical school, an intern, a resident, a graduate student, or an individual participating in a clinical training or resident program may not perform a pelvic, prostate, or rectal examination on a sedated, anesthetized, or u…

Sec. 4.5. (a) If a practitioner has been presented with evidence that, if presented to a practitioner of a similar background and training, would cause the practitioner to believe that a patient is a victim of human trafficking, the practitioner shall provide information to the p…

Sec. 5. In addition to section 4 of this chapter, a practitioner licensed to practice optometry is subject to the exercise of disciplinary sanctions under section 9 of this chapter if, after a hearing, the board finds a practitioner has accepted employment to practice optometry f…

Sec. 6. In addition to section 4 of this chapter, a practitioner licensed to practice veterinary medicine or registered as a veterinary technician is subject to the exercise of the disciplinary sanctions under section 9 of this chapter if, after a hearing, the board finds a pract…

Sec. 6.5. (a) In addition to section 4 of this chapter, a practitioner licensed to practice chiropractic is subject to the exercise of the disciplinary sanctions under section 9 of this chapter if, after a hearing, the board regulating the profession finds a practitioner has: (1)…

Sec. 6.7. In addition to the actions listed under section 4 of this chapter that subject a practitioner to the exercise of disciplinary sanctions, a practitioner who is licensed under IC 25-23.6 is subject to the exercise of disciplinary sanctions under section 9 of this chapter …

Sec. 6.8. (a) This section applies to a practitioner who is: (1) licensed to practice medicine or osteopathic medicine under IC 25-22.5; or (2) an advanced practice registered nurse granted prescriptive authority under IC 25-23 and whose practice agreement with a collaborating ph…

Sec. 6.9. In addition to the actions listed under section 4 of this chapter that subject a practitioner to disciplinary sanctions, a practitioner is subject to the exercise of disciplinary sanctions under section 9 of this chapter if, after a hearing, the board finds that the pra…

Sec. 7. The board may order a practitioner to submit to a reasonable physical or mental examination, at the practitioner's own expense, if the practitioner's physical or mental capacity to practice safely is at issue in a disciplinary proceeding. As added by P.L.152-1988, SEC.1. …

Sec. 8. Failure to comply with a board order to submit to a physical or mental examination makes a practitioner liable to summary suspension under section 10 of this chapter. As added by P.L.152-1988, SEC.1.