CHAPTER 4. CONTINUING EDUCATION
IC 25-1-4
Chapter 4. Continuing Education
IC 25-1-4-0.2
"Approved organization" defined
Sec. 0.2. As used in this chapter, "approved organization" refersto the following:
(1) United States Department of Education.
(2) Council on Post-Secondary Education.
(3) Joint Commission on Accreditation of Hospitals.
(4) Joint Commission on Healthcare Organizations.
(5) Federal, state, and local government agencies.
(6) A college or other teaching institution accredited by theUnited States Department of Education or the Council onPost-Secondary Education.
(7) A national organization of practitioners whose memberspracticing in Indiana are subject to regulation by a board oragency regulating a profession or occupation under this title.
(8) A national, state, district, or local organization that operatesas an affiliated entity under the approval of an organizationlisted in subdivisions (1) through (7).
(9) An internship or a residency program conducted in ahospital that has been approved by an organization listed insubdivisions (1) through (7).
(10) Any other organization or individual approved by theboard.
As added by P.L.157-2006, SEC.10. Amended by P.L.2-2008,SEC.51.
IC 25-1-4-0.3 Version a
"Board" defined
Note: This version of section effective until 7-1-2010. See alsofollowing version of this section, effective 7-1-2010.
Sec. 0.3. 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 athletic trainers board (IC 25-5.1-2-1).
(4) Indiana auctioneer commission (IC 25-6.1-2-1).
(5) State board of barber examiners (IC 25-7-5-1).
(6) Board of chiropractic examiners (IC 25-10-1).
(7) State board of cosmetology examiners (IC 25-8-3-1).
(8) State board of dentistry (IC 25-14-1).
(9) Indiana dietitians certification board (IC 25-14.5-2-1).
(10) State board of registration for professional engineers (IC25-31-1-3).
(11) Board of environmental health specialists (IC 25-32-1).
(12) State board of funeral and cemetery service (IC 25-15-9).
(13) Indiana state board of health facility administrators (IC
25-19-1).
(14) Committee of hearing aid dealer examiners (IC25-20-1-1.5).
(15) Home inspectors licensing board (IC 25-20.2-3-1).
(16) Indiana hypnotist committee (IC 25-20.5-1-7).
(17) State board of registration for land surveyors (IC25-21.5-2-1).
(18) Manufactured home installer licensing board (IC 25-23.7).
(19) Medical licensing board of Indiana (IC 25-22.5-2).
(20) Indiana state board of nursing (IC 25-23-1).
(21) Occupational therapy committee (IC 25-23.5).
(22) Indiana optometry board (IC 25-24).
(23) Indiana board of pharmacy (IC 25-26).
(24) Indiana physical therapy committee (IC 25-27-1).
(25) Physician assistant committee (IC 25-27.5).
(26) Indiana plumbing commission (IC 25-28.5-1-3).
(27) Board of podiatric medicine (IC 25-29-2-1).
(28) Private investigator and security guard licensing board (IC25-30-1-5.2).
(29) State psychology board (IC 25-33).
(30) Indiana real estate commission (IC 25-34.1-2).
(31) Real estate appraiser licensure and certification board (IC25-34.1-8).
(32) Respiratory care committee (IC 25-34.5).
(33) Behavioral health and human services licensing board (IC25-23.6).
(34) Speech-language pathology and audiology board (IC25-35.6-2).
(35) Indiana board of veterinary medical examiners (IC25-38.1-2).
As added by P.L.269-2001, SEC.2. Amended by P.L.157-2006,SEC.11; P.L.185-2007, SEC.2; P.L.2-2008, SEC.52; P.L.122-2009,SEC.2; P.L.160-2009, SEC.5; P.L.1-2010, SEC.101.
IC 25-1-4-0.3 Version b
"Board" defined
Note: This version of section effective 7-1-2010. See alsopreceding version of this section, effective until 7-1-2010.
Sec. 0.3. 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 athletic trainers board (IC 25-5.1-2-1).
(4) Indiana auctioneer commission (IC 25-6.1-2-1).
(5) Board of chiropractic examiners (IC 25-10-1).
(6) State board of cosmetology and barber examiners (IC25-8-3-1).
(7) State board of dentistry (IC 25-14-1).
(8) Indiana dietitians certification board (IC 25-14.5-2-1). (9) State board of registration for professional engineers (IC25-31-1-3).
(10) State board of funeral and cemetery service (IC 25-15-9).
(11) Indiana state board of health facility administrators (IC25-19-1).
(12) Committee of hearing aid dealer examiners (IC25-20-1-1.5).
(13) Home inspectors licensing board (IC 25-20.2-3-1).
(14) State board of registration for land surveyors (IC25-21.5-2-1).
(15) Manufactured home installer licensing board (IC 25-23.7).
(16) Medical licensing board of Indiana (IC 25-22.5-2).
(17) Indiana state board of nursing (IC 25-23-1).
(18) Occupational therapy committee (IC 25-23.5).
(19) Indiana optometry board (IC 25-24).
(20) Indiana board of pharmacy (IC 25-26).
(21) Indiana physical therapy committee (IC 25-27-1).
(22) Physician assistant committee (IC 25-27.5).
(23) Indiana plumbing commission (IC 25-28.5-1-3).
(24) Board of podiatric medicine (IC 25-29-2-1).
(25) Private investigator and security guard licensing board (IC25-30-1-5.2).
(26) State psychology board (IC 25-33).
(27) Indiana real estate commission (IC 25-34.1-2).
(28) Real estate appraiser licensure and certification board (IC25-34.1-8).
(29) Respiratory care committee (IC 25-34.5).
(30) Behavioral health and human services licensing board (IC25-23.6).
(31) Speech-language pathology and audiology board (IC25-35.6-2).
(32) Indiana board of veterinary medical examiners (IC25-38.1-2).
As added by P.L.269-2001, SEC.2. Amended by P.L.157-2006,SEC.11; P.L.185-2007, SEC.2; P.L.2-2008, SEC.52; P.L.122-2009,SEC.2; P.L.160-2009, SEC.5; P.L.1-2010, SEC.101; P.L.84-2010,SEC.8.
IC 25-1-4-0.5
"Continuing education" defined
Sec. 0.5. As used in this chapter, "continuing education" means anorderly process of instruction:
(1) that is approved by:
(A) an approved organization or the board for a professionor occupation other than a real estate appraiser; or
(B) for a real estate appraiser:
(i) the Appraiser Qualifications Board, under theregulatory oversight of the Appraisal Subcommitteeestablished under Title XI of the Financial InstitutionsReform, Recovery and Enforcement Act of 1989; or (ii) the real estate appraiser licensure and certificationboard established under IC 25-34.1-8 for specific coursesand course subjects, as determined by the real estateappraiser licensure and certification board; and
(2) that is designed to directly enhance the practitioner'sknowledge and skill in providing services relevant to thepractitioner's profession or occupation.
The term includes an activity that is approved by the board for aprofession or occupation, other than a real estate appraiser, and thataugments the practitioner's knowledge and skill in providing servicesrelevant to the practitioner's profession or occupation.
As added by P.L.157-2006, SEC.12. Amended by P.L.57-2007,SEC.1; P.L.177-2009, SEC.11.
IC 25-1-4-0.6
"Practitioner" defined
Sec. 0.6. As used in section 3 of this chapter, "practitioner" meansan 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 intern permit; or
(5) a provisional license;
issued by the board regulating the profession in question.
As added by P.L.269-2001, SEC.3.
IC 25-1-4-0.7
Computation of designated time periods
Sec. 0.7. (a) In computing any period under this chapter, the dayof the act, event, or default from which the designated period of timebegins to run is not included. The last day of the computed period isto be included unless it is:
(1) a Saturday;
(2) a Sunday;
(3) a legal holiday under a state statute; or
(4) a day that the office in which the act is to be done is closedduring regular business hours.
(b) A period runs until the end of the next day after a daydescribed in subsection (a)(1) through (a)(4). If the period allowedis less than seven (7) days, intermediate Saturdays, Sundays, stateholidays, and days on which the office in which the act is to be doneis closed during regular business hours are excluded from thecalculation.
(c) A period under this chapter that begins when a person isserved with a paper begins with respect to a particular person on theearlier of the date that:
(1) the person is personally served with the notice; or
(2) a notice for the person is deposited in the United Statesmail.
(d) If a notice is served through the United States mail, three (3)
days must be added to a period that begins upon service of thatnotice.
As added by P.L.177-2009, SEC.12.
IC 25-1-4-1
Requirement
Sec. 1. No board or agency regulating a profession or occupationunder this title or under IC 16 or IC 22 may require continuingeducation as a condition of certification, registration, or licensureunless so specifically authorized or mandated by statute.
As added by Acts 1981, P.L.222, SEC.1. Amended by P.L.2-2008,SEC.53.
IC 25-1-4-2
Promotion
Sec. 2. A board or agency regulating a profession or occupationunder this title or under IC 16 or IC 22 may cooperate with membersof the profession or occupation it regulates to promote continuingeducation within the profession or occupation.
As added by Acts 1981, P.L.222, SEC.1. Amended by P.L.2-2008,SEC.54.
IC 25-1-4-3
Sworn statements of compliance; retention of copies of certificatesof completion; audits
Sec. 3. (a) Notwithstanding any other law, a board that isspecifically authorized or mandated to require continuing educationas a condition to renew a registration, certification, or license mustrequire a practitioner to comply with the following renewalrequirements:
(1) The practitioner shall provide the board with a swornstatement executed by the practitioner that the practitioner hasfulfilled the continuing education requirements required by theboard.
(2) The practitioner shall retain copies of certificates ofcompletion for continuing education courses for three (3) yearsfrom the end of the licensing period for which the continuingeducation applied. The practitioner shall provide the board withcopies of the certificates of completion upon the board's requestfor a compliance audit.
(b) Following every license renewal period, the board shallrandomly audit for compliance more than one percent (1%) but lessthan ten percent (10%) of the practitioners required to takecontinuing education courses.
As added by P.L.269-2001, SEC.4. Amended by P.L.157-2006,SEC.13.
IC 25-1-4-3.2
Distance learning methods
Sec. 3.2. A board or agency regulating a profession or occupation
under this title or under IC 16 or IC 22 shall require that at leastone-half (1/2) of all continuing education requirements must beallowed by distance learning methods, except for doctors, nurses,chiropractors, optometrists and dentists.
As added by P.L.227-2001, SEC.1. Amended by P.L.2-2008, SEC.55.
IC 25-1-4-4
Hardship waiver
Sec. 4. A board, a commission, a committee, or an agencyregulating a profession or an occupation under this title or underIC 16 or IC 22 may grant an applicant a waiver from all or part of thecontinuing education requirement for a renewal period if theapplicant was not able to fulfill the requirement due to a hardshipthat resulted from any of the following:
(1) Service in the armed forces of the United States during asubstantial part of the renewal period.
(2) An incapacitating illness or injury.
(3) Other circumstances determined by the board or agency.
As added by P.L.88-2004, SEC.1. Amended by P.L.2-2008, SEC.56.
IC 25-1-4-5
Failure to comply; license suspension or refusal to reinstate;penalties; reinstatement requirements
Sec. 5. (a) Notwithstanding any other law, if the board determinesthat a practitioner has not complied with this chapter or IC 25-1-8-6at the time that the practitioner applies for license renewal orreinstatement or after an audit conducted under section 3 of thischapter, the board shall do the following:
(1) Send the practitioner notice of noncompliance by certifiedmail to the practitioner's last known address.
(2) As a condition of license renewal or reinstatement, requirethe practitioner to comply with subsection (b).
(3) For license renewal, issue a conditional license to thepractitioner that is effective until the practitioner complies withsubsection (b).
(b) Upon service of a notice of noncompliance under subsection(a), a practitioner shall do either of the following:
(1) If the practitioner believes that the practitioner has compliedwith this chapter or IC 25-1-8-6, if applicable, withintwenty-one (21) days of service of the notice, send writtennotice to the board requesting a review so that the practitionermay submit proof of compliance.
(2) If the practitioner does not disagree with the board'sdetermination of noncompliance, do the following:
(A) Except as provided in subsection (d), pay to the board acivil penalty not to exceed one thousand dollars ($1,000)within twenty-one (21) days of service of the notice.
(B) Acquire, within six (6) months after service of thenotice, the number of credit hours needed to achieve fullcompliance. (C) Comply with all other provisions of this chapter.
(c) If a practitioner fails to comply with subsection (b), the boardshall immediately suspend or refuse to reinstate the license of thepractitioner and send notice of the suspension or refusal to thepractitioner by certified mail.
(d) If the board determines that a practitioner has knowingly orintentionally made a false or misleading statement to the boardconcerning compliance with the continuing education requirements,in addition to the requirements under this section the board mayimpose a civil penalty of not more than five thousand dollars($5,000) under subsection (b)(2)(A).
(e) The board shall:
(1) reinstate a practitioner's license; or
(2) renew the practitioner's license in place of the conditionallicense issued under subsection (a)(3);
if the practitioner supplies proof of compliance with this chapterunder subsection (b)(1) or IC 25-1-8-6, if applicable.
As added by P.L.157-2006, SEC.14. Amended by P.L.197-2007,SEC.17; P.L.177-2009, SEC.13.
IC 25-1-4-6
Failure to comply; denial of license renewal or reinstatement;penalties
Sec. 6. (a) Notwithstanding any other law, if at the time apractitioner applies for license renewal or reinstatement or after anaudit conducted under section 3 of this chapter, the board determinesthat the practitioner has failed to comply with this chapter orIC 25-1-8-6, if applicable, and the practitioner has previouslyreceived a notice of noncompliance under section 5(a) of this chapterduring the preceding license period, the board shall do the following:
(1) Provide the practitioner notice of noncompliance bycertified mail.
(2) Deny the practitioner's application for license renewal orreinstatement.
(b) The board shall reinstate a license not renewed undersubsection (a) upon occurrence of the following:
(1) Payment by a practitioner to the board of a civil penaltydetermined by the board, but not to exceed one thousand dollars($1,000).
(2) Acquisition by the practitioner of the number of credit hoursrequired to be obtained by the practitioner during the relevantlicense period.
(3) The practitioner otherwise complies with this chapter.
As added by P.L.157-2006, SEC.15. Amended by P.L.197-2007,SEC.18.
IC 25-1-4-7
Credit hours
Sec. 7. Credit hours acquired by a practitioner under section5(b)(2) or 6(b)(2) of this chapter may not apply to the practitioner's
credit hour requirement for the license period in which the credithours are acquired.
As added by P.L.157-2006, SEC.16.
IC 25-1-4-8
Rules
Sec. 8. The board may adopt rules under IC 4-22-2 to implementthis chapter.
As added by P.L.157-2006, SEC.17.