CHAPTER 11. PROFESSIONAL LICENSING STANDARDS OF PRACTICE
IC 25-1-11
Chapter 11. Professional Licensing Standards of Practice
IC 25-1-11-1 Version a
"Board" defined
Note: This version of section amended by P.L.84-2010, SEC.18.See also following version of this section amended by P.L.113-2010,SEC.103.
Sec. 1. As used in this chapter, "board" means any of thefollowing:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects(IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2).
(4) State athletic commission (IC 25-9-1).
(5) State board of cosmetology and barber examiners (IC25-8-3-1).
(6) State board of registration of land surveyors (IC25-21.5-2-1).
(7) State board of funeral and cemetery service (IC 25-15-9).
(8) State board of registration for professional engineers (IC25-31-1-3).
(9) Indiana plumbing commission (IC 25-28.5-1-3).
(10) Indiana real estate commission (IC 25-34.1-2-1).
(11) Real estate appraiser licensure and certification board (IC25-34.1-8).
(12) Private investigator and security guard licensing board (IC25-30-1-5.2).
(13) Manufactured home installer licensing board (IC 25-23.7).
(14) Home inspectors licensing board (IC 25-20.2-3-1).
(15) State board of massage therapy (IC 25-21.8-2-1).
As added by P.L.214-1993, SEC.1. Amended by P.L.2-1995, SEC.93;P.L.234-1995, SEC.5; P.L.82-2000, SEC.6; P.L.162-2002, SEC.6;P.L.145-2003, SEC.6; P.L.185-2007, SEC.7; P.L.200-2007, SEC.7;P.L.3-2008, SEC.181; P.L.160-2009, SEC.10; P.L.84-2010, SEC.18.
IC 25-1-11-1 Version b
"Board" defined
Note: This version of section amended by P.L.113-2010, SEC.103.See also preceding version of this section amended by P.L.84-2010,SEC.18.
Sec. 1. As used in this chapter, "board" means any of thefollowing:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects(IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2).
(4) State board of barber examiners (IC 25-7-5-1).
(5) State board of cosmetology examiners (IC 25-8-3-1).
(6) State board of registration of land surveyors (IC
25-21.5-2-1).
(7) State board of funeral and cemetery service (IC 25-15-9).
(8) State board of registration for professional engineers (IC25-31-1-3).
(9) Indiana plumbing commission (IC 25-28.5-1-3).
(10) Indiana real estate commission (IC 25-34.1-2-1).
(11) Real estate appraiser licensure and certification board (IC25-34.1-8).
(12) Private investigator and security guard licensing board (IC25-30-1-5.2).
(13) Manufactured home installer licensing board (IC 25-23.7).
(14) Home inspectors licensing board (IC 25-20.2-3-1).
(15) State board of massage therapy (IC 25-21.8-2-1).
As added by P.L.214-1993, SEC.1. Amended by P.L.2-1995, SEC.93;P.L.234-1995, SEC.5; P.L.82-2000, SEC.6; P.L.162-2002, SEC.6;P.L.145-2003, SEC.6; P.L.185-2007, SEC.7; P.L.200-2007, SEC.7;P.L.3-2008, SEC.181; P.L.160-2009, SEC.10; P.L.113-2010,SEC.103.
IC 25-1-11-2
"Practitioner" defined
Sec. 2. As used in this chapter, "practitioner" means a person thatholds:
(1) an unlimited license, certificate, registration, or permit;
(2) a limited or probationary license, certificate, registration, orpermit;
(3) a temporary license, certificate, registration, or permit;
(4) an intern permit; or
(5) an inactive license;
issued by the board regulating a profession.
As added by P.L.214-1993, SEC.1. Amended by P.L.236-1995,SEC.1.
IC 25-1-11-3
"License" defined
Sec. 3. As used in this chapter, "license" includes a license,certificate, registration, or permit.
As added by P.L.214-1993, SEC.1.
IC 25-1-11-4
"Person" defined
Sec. 4. As used in this chapter, "person" means an individual, apartnership, a corporation, or a limited liability company.
As added by P.L.214-1993, SEC.1. Amended by P.L.236-1995,SEC.2.
IC 25-1-11-5
Practitioner compliance with professional standards; findingsmeriting disciplinary sanctions; fraud or material deception
Sec. 5. (a) A practitioner shall comply with the standards
established by the board regulating a profession. A practitioner issubject to the exercise of the disciplinary sanctions under section 12of this chapter if, after a hearing, the board finds that:
(1) a practitioner has:
(A) engaged in or knowingly cooperated in fraud or materialdeception in order to obtain a license to practice, includingcheating on a licensing examination;
(B) engaged in fraud or material deception in the course ofprofessional services or activities;
(C) advertised services or goods in a false or misleadingmanner; or
(D) been convicted of a crime or assessed a civil penaltyinvolving fraudulent billing practices;
(2) a practitioner has been convicted of a crime that:
(A) has a direct bearing on the practitioner's ability tocontinue to practice competently; or
(B) is harmful to the public;
(3) a practitioner has knowingly violated a state statute or ruleor federal statute or regulation regulating the profession forwhich the practitioner is licensed;
(4) a practitioner has continued to practice although thepractitioner has become unfit to practice due to:
(A) professional incompetence, including undertakingprofessional activities that the practitioner is not qualified bytraining or experience to undertake;
(B) failure to keep abreast of current professional theory orpractice;
(C) physical or mental disability; or
(D) addiction to, abuse of, or severe dependency on alcoholor other drugs that endanger the public by impairing apractitioner's ability to practice safely;
(5) a practitioner has engaged in a course of lewd or immoralconduct in connection with the delivery of services to thepublic;
(6) a practitioner has allowed the practitioner's name or alicense issued under this chapter to be used in connection withan individual or business who renders services beyond thescope of that individual's or business's training, experience, orcompetence;
(7) a practitioner has had disciplinary action taken against thepractitioner or the practitioner's license to practice in any stateor jurisdiction on grounds similar to those under this chapter;
(8) a practitioner has assisted another person in committing anact that would constitute a ground for disciplinary sanctionunder this chapter;
(9) a practitioner has allowed a license issued by a board to be:
(A) used by another person; or
(B) displayed to the public when the license has expired, isinactive, or has been revoked or suspended; or
(10) a practitioner has failed to comply with an order imposing
a sanction under section 12 of this chapter.
(b) If an applicant or a practitioner has engaged in or knowinglycooperated in fraud or material deception to obtain a license topractice, including cheating on the licensing examination, the boardmay rescind the license if it has been granted, void the examinationor other fraudulent or deceptive material, and prohibit the applicantfrom reapplying for the license for a length of time established by theboard. An applicant who is aggrieved by a decision of the boardunder this section is entitled to hearing and appeal rights under theIndiana administrative rules and procedures act (IC 4-21.5).
(c) A certified copy of the record of disciplinary action isconclusive evidence of the other jurisdiction's disciplinary actionunder subsection (a)(7).
As added by P.L.214-1993, SEC.1. Amended by P.L.84-1998, SEC.6;P.L.113-1999, SEC.1; P.L.197-2007, SEC.24.
IC 25-1-11-6
Architect or landscape architect; grounds for disciplinarysanctions
Sec. 6. A practitioner registered as an architect or a landscapearchitect is subject to the disciplinary sanctions under section 12 ofthis chapter if, after a hearing, the board finds that the practitionerhas:
(1) permitted the practitioner's seal to be affixed to plans,specifications, or drawings that were not prepared by thepractitioner or under the practitioner's personal supervision bythe practitioner's regularly employed subordinates; or
(2) used the title "engineer" or advertised to practiceengineering and is not registered under IC 25-31-1.
As added by P.L.214-1993, SEC.1.
IC 25-1-11-7
Auctioneers; grounds for disciplinary sanctions
Sec. 7. A practitioner licensed to practice auctioneering is subjectto the disciplinary sanctions under section 12 of this chapter if, aftera hearing, the board finds that the practitioner has failed to:
(1) account and to make payment under IC 25-6.1-6-2; or
(2) keep the funds of others separate from the practitioner's ownprivate accounts.
As added by P.L.214-1993, SEC.1.
IC 25-1-11-8
Barbers; grounds for disciplinary sanctions
Sec. 8. A practitioner registered as a barber is subject to thedisciplinary sanctions under section 12 of this chapter if, after ahearing, the board finds that the practitioner has continued to practicebarbering while the practitioner has an infectious, a contagious, or acommunicable disease that has been epidemiologically demonstratedto be transmitted through casual contact during the scope of practiceof barbering.As added by P.L.214-1993, SEC.1.
IC 25-1-11-9
Engineers or land surveyors; grounds for disciplinary sanctions
Sec. 9. A practitioner registered as an engineer or a land surveyoris subject to the disciplinary sanctions under section 12 of thischapter if, after a hearing, the board finds that the practitioner:
(1) has permitted the practitioner's seal to be affixed to plans,specifications, or drawings not prepared by the practitioner orunder the practitioner's personal supervision by thepractitioner's regularly employed subordinates;
(2) has used the title "architect" or advertised to practicearchitecture and is not registered under IC 25-4-1.
As added by P.L.214-1993, SEC.1.
IC 25-1-11-9.5
Repealed
(Repealed by P.L.194-2005, SEC.87.)
IC 25-1-11-10
Physical and mental examination of practitioner
Sec. 10. The board may order a practitioner to submit to areasonable physical or mental examination, at the practitioner'sexpense, if the practitioner's physical or mental capacity to practicesafely and competently is at issue in a disciplinary proceeding.
As added by P.L.214-1993, SEC.1. Amended by P.L.178-1997,SEC.1; P.L.194-2005, SEC.7.
IC 25-1-11-11
Refusal of physical or mental examination; summary suspension
Sec. 11. Failure to comply with a board order to submit to aphysical or mental examination makes a practitioner liable tosummary suspension under section 13 of this chapter.
As added by P.L.214-1993, SEC.1.
IC 25-1-11-12
Sanctions for violations
Sec. 12. (a) The board may impose any of the following sanctions,singly or in combination, if the board finds that a practitioner issubject to disciplinary sanctions under sections 5 through 9 of thischapter:
(1) Permanently revoke a practitioner's license.
(2) Suspend a practitioner's license.
(3) Censure a practitioner.
(4) Issue a letter of reprimand.
(5) Place a practitioner on probation status and require thepractitioner to:
(A) report regularly to the board upon the matters that arethe basis of probation;
(B) limit practice to those areas prescribed by the board; (C) continue or renew professional education approved bythe board until a satisfactory degree of skill has beenattained in those areas that are the basis of the probation; or
(D) perform or refrain from performing any acts, includingcommunity restitution or service without compensation, thatthe board considers appropriate to the public interest or tothe rehabilitation or treatment of the practitioner.
(6) Assess a civil penalty against the practitioner for not morethan one thousand dollars ($1,000) for each violation listed insections 5 through 9 of this chapter except for a finding ofincompetency due to a physical or mental disability.
(7) Order a practitioner to pay consumer restitution to a personwho suffered damages as a result of the conduct or omissionthat was the basis for the disciplinary sanctions under thischapter.
(b) When imposing a civil penalty under subsection (a)(6), theboard shall consider a practitioner's ability to pay the amountassessed. If the practitioner fails to pay the civil penalty within thetime specified by the board, the board may suspend the practitioner'slicense without additional proceedings. However, a suspension maynot be imposed if the sole basis for the suspension is thepractitioner's inability to pay a civil penalty.
(c) The board may withdraw or modify the probation undersubsection (a)(5) if the board finds after a hearing that the deficiencythat required disciplinary action has been remedied or that changedcircumstances warrant a modification of the order.
As added by P.L.214-1993, SEC.1. Amended by P.L.32-2000,SEC.12; P.L.177-2009, SEC.17.
IC 25-1-11-13
Summary license suspension of real estate appraisers and otherpractitioners; notification by consumer protection division
Sec. 13. (a) The board may summarily suspend a practitioner'slicense for ninety (90) days before a final adjudication or during theappeals process if the board finds that a practitioner represents aclear and immediate danger to the public's health, safety, or propertyif the practitioner is allowed to continue to practice. The summarysuspension may be renewed upon a hearing before the board, andeach renewal may be for not more than ninety (90) days.
(b) The board may summarily suspend the license of a real estateappraiser for ninety (90) days before a final adjudication or duringthe appeals process if the board finds that the licensed real estateappraiser has engaged in material and intentional misrepresentationsor omissions in the preparation of at least three (3) written appraisalreports that were submitted by a person to obtain a loan. Thesummary suspension may be renewed after a hearing before theboard. Each renewal of a summary suspension may be for not morethan ninety (90) days.
(c) Before the board may summarily suspend a license under thissection, the consumer protection division of the office of the attorney
general shall make a reasonable attempt to notify a practitioner of:
(1) a hearing by the board to suspend the practitioner's license;and
(2) information regarding the allegation against the practitioner.
The consumer protection division of the office of the attorneygeneral shall also notify the practitioner that the practitioner mayprovide a written or an oral statement to the board on thepractitioner's behalf before the board issues an order for summarysuspension. A reasonable attempt to notify the practitioner is madeif the consumer protection division of the office of the attorneygeneral attempts to notify the practitioner by telephone or facsimileat the last telephone number or facsimile number of the practitioneron file with the board.
As added by P.L.214-1993, SEC.1. Amended by P.L.178-1997,SEC.2; P.L.197-2007, SEC.25; P.L.209-2007, SEC.3; P.L.3-2008,SEC.182.
IC 25-1-11-14
Reinstatement of suspended license
Sec. 14. The board may reinstate a license that has beensuspended under this chapter if, after a hearing, the board is satisfiedthat the applicant is able to practice with reasonable skill, safety, andcompetency to the public. As a condition of reinstatement, the boardmay impose disciplinary or corrective measures authorized under thischapter.
As added by P.L.214-1993, SEC.1. Amended by P.L.178-1997,SEC.3.
IC 25-1-11-15
Reinstatement of revoked license
Sec. 15. The board may not reinstate a license that has beenrevoked under this chapter. An individual whose license has beenrevoked under this chapter may not apply for a new license untilseven (7) years after the date of revocation.
As added by P.L.214-1993, SEC.1.
IC 25-1-11-16
Consistency of sanctions
Sec. 16. The board shall seek to achieve consistency in theapplication of sanctions authorized in this chapter. Significantdepartures from prior decisions involving similar conduct must beexplained in the board's findings or orders.
As added by P.L.214-1993, SEC.1.
IC 25-1-11-17
Surrender of practitioner license; surrender prohibited if attorneygeneral opposes
Sec. 17. (a) Except as provided in subsection (b), a practitionermay petition the board to accept the surrender of the practitioner'slicense instead of having a hearing before the board. The practitioner
may not surrender the practitioner's license without the writtenapproval of the board, and the board may impose any conditionsappropriate to the surrender or reinstatement of a surrenderedlicense.
(b) The board may not approve the surrender of a practitioner'slicense under subsection (a) if the office of the attorney general:
(1) has filed an administrative complaint concerning thepractitioner's license; and
(2) opposes the surrender of the practitioner's license.
As added by P.L.214-1993, SEC.1. Amended by P.L.52-2009,SEC.10; P.L.105-2009, SEC.13.
IC 25-1-11-18
Costs; practitioners subject to sanctions
Sec. 18. A practitioner who has been subjected to disciplinarysanctions may be required by a board to pay the costs of theproceeding. The practitioner's ability to pay shall be considered whencosts are assessed. If the practitioner fails to pay the costs, asuspension may not be imposed solely upon the practitioner'sinability to pay the amount assessed. These costs are limited to costsfor the following:
(1) Court reporters.
(2) Transcripts.
(3) Certification of documents.
(4) Photo duplication.
(5) Witness attendance and mileage fees.
(6) Postage.
(7) Expert witnesses.
(8) Depositions.
(9) Notarizations.
(10) Administrative law judges.
(11) Real estate review appraisals, if applicable.
As added by P.L.214-1993, SEC.1. Amended by P.L.194-2005,SEC.8; P.L.52-2009, SEC.11; P.L.105-2009, SEC.14.
IC 25-1-11-19
Refusal to issue license; probationary license; requirements
Sec. 19. (a) The board may refuse to issue a license or may issuea probationary license to an applicant for licensure if:
(1) the applicant has:
(A) been disciplined by a licensing entity of another state orjurisdiction; or
(B) committed an act that would have subjected theapplicant to the disciplinary process if the applicant hadbeen licensed in Indiana when the act occurred; and
(2) the violation for which the applicant was or could have beendisciplined has a bearing on the applicant's ability tocompetently perform or practice the profession in Indiana.
(b) The board may:
(1) refuse to issue a license; or (2) issue a probationary license;
to an applicant for licensure if the applicant practiced without alicense in violation of the law.
(c) Whenever the board issues a probationary license, the boardmay require a licensee to do any of the following:
(1) Report regularly to the board upon the matters that are thebasis of the discipline of the other state or jurisdiction.
(2) Limit practice to the areas prescribed by the board.
(3) Continue or renew professional education requirements.
(4) Engage in community restitution or service withoutcompensation for the number of hours specified by the board.
(5) Perform or refrain from performing an act that the boardconsiders appropriate to the public interest or to therehabilitation or treatment of the applicant.
(d) The board shall remove any limitations placed on aprobationary license under this section if the board finds after apublic hearing that the deficiency that required disciplinary actionhas been remedied.
As added by P.L.194-2005, SEC.9. Amended by P.L.197-2007,SEC.26.
IC 25-1-11-20
Appearance before board
Sec. 20. The board may require an applicant for licensure toappear before the board before issuing a license.
As added by P.L.194-2005, SEC.10.
IC 25-1-11-21
Authority to adopt rules
Sec. 21. The board may adopt rules under IC 4-22-2, includingemergency rules under IC 4-22-2-37.1, to establish procedures toexpedite the issuance or renewal of a:
(1) license;
(2) certificate;
(3) registration; or
(4) permit;
of a person whose spouse serves on active duty (as defined inIC 25-1-12-2) and is assigned to a duty station in Indiana.
As added by P.L.144-2007, SEC.26.