CHAPTER 5. PROFESSIONAL LICENSING AGENCY
IC 25-1-5
Chapter 5. Professional Licensing Agency
IC 25-1-5-1
Centralization of staff, functions, and services; purpose
Sec. 1. The centralization of staff, functions, and servicescontemplated by this chapter shall be done in such a way as toenhance the Indiana professional licensing agency's ability to:
(1) make maximum use of data processing as a means of moreefficient operation; and
(2) provide more services and carry out functions of superiorquality.
As added by Acts 1981, P.L.222, SEC.2. Amended by P.L.169-1985,SEC.23; P.L.206-2005, SEC.1.
IC 25-1-5-2
Definitions
Sec. 2. As used in this chapter:
(1) "Agency" means the Indiana professional licensing agencyestablished by section 3 of this chapter.
(2) "Board" means any agency, board, advisory committee, orgroup included in section 3 of this chapter.
As added by Acts 1981, P.L.222, SEC.2. Amended by P.L.206-2005,SEC.2.
IC 25-1-5-3
Indiana professional licensing agency; functions; duties andresponsibilities
Sec. 3. (a) There is established the Indiana professional licensingagency. The agency shall perform all administrative functions,duties, and responsibilities assigned by law or rule to the executivedirector, secretary, or other statutory administrator of the following:
(1) Board of chiropractic examiners (IC 25-10-1).
(2) State board of dentistry (IC 25-14-1).
(3) Indiana state board of health facility administrators (IC25-19-1).
(4) Medical licensing board of Indiana (IC 25-22.5-2).
(5) Indiana state board of nursing (IC 25-23-1).
(6) Indiana optometry board (IC 25-24).
(7) Indiana board of pharmacy (IC 25-26).
(8) Board of podiatric medicine (IC 25-29-2-1).
(9) Speech-language pathology and audiology board (IC25-35.6-2).
(10) State psychology board (IC 25-33).
(11) Indiana board of veterinary medical examiners (IC25-38.1-2).
(12) Committee of hearing aid dealer examiners (IC 25-20).
(13) Indiana physical therapy committee (IC 25-27).
(14) Respiratory care committee (IC 25-34.5).
(15) Occupational therapy committee (IC 25-23.5). (16) Behavioral health and human services licensing board (IC25-23.6).
(17) Physician assistant committee (IC 25-27.5).
(18) Indiana athletic trainers board (IC 25-5.1-2-1).
(19) Indiana dietitians certification board (IC 25-14.5-2-1).
(b) Nothing in this chapter may be construed to give the agencypolicy making authority, which authority remains with each board.
As added by Acts 1981, P.L.222, SEC.2. Amended by Acts 1982,P.L.113, SEC.8; P.L.137-1985, SEC.6; P.L.169-1985, SEC.24;P.L.149-1987, SEC.18; P.L.242-1989, SEC.5; P.L.238-1989, SEC.5;P.L.186-1990, SEC.3; P.L.48-1991, SEC.13; P.L.227-1993, SEC.4;P.L.213-1993, SEC.1; P.L.33-1993, SEC.10; P.L.124-1994, SEC.3;P.L.175-1997, SEC.4; P.L.147-1997, SEC.7; P.L.84-1998, SEC.2;P.L.24-1999, SEC.3; P.L.206-2005, SEC.3; P.L.2-2008, SEC.57;P.L.122-2009, SEC.3; P.L.84-2010, SEC.9.
IC 25-1-5-4
Additional duties and functions; staff
Sec. 4. (a) The agency shall employ necessary staff, includingspecialists and professionals, to carry out the administrative dutiesand functions of the boards, including but not limited to:
(1) notice of board meetings and other communication services;
(2) recordkeeping of board meetings, proceedings, and actions;
(3) recordkeeping of all persons licensed, regulated, or certifiedby a board;
(4) administration of examinations; and
(5) administration of license or certificate issuance or renewal.
(b) In addition, the agency:
(1) shall prepare a consolidated statement of the budget requestsof all the boards in section 3 of this chapter;
(2) may coordinate licensing or certification renewal cycles,examination schedules, or other routine activities to efficientlyutilize agency staff, facilities, and transportation resources, andto improve accessibility of board functions to the public;
(3) may consolidate, where feasible, office space,recordkeeping, and data processing services; and
(4) shall operate and maintain the electronic registry ofprofessions established under IC 25-1-5.5.
(c) In administering the renewal of licenses or certificates underthis chapter, the agency shall send a notice of the upcomingexpiration of a license or certificate to each holder of a license orcertificate at least sixty (60) days before the expiration of the licenseor certificate. The notice must inform the holder of the license orcertificate of the need to renew and the requirement of payment ofthe renewal fee. If this notice of expiration is not sent by the agency,the holder of the license or certificate is not subject to a sanction forfailure to renew if, once notice is received from the agency, thelicense or certificate is renewed within forty-five (45) days afterreceipt of the notice.
(d) In administering an examination for licensure or certification,
the agency shall make the appropriate application forms available atleast thirty (30) days before the deadline for submitting anapplication to all persons wishing to take the examination.
(e) The agency may require an applicant for license renewal tosubmit evidence proving that:
(1) the applicant continues to meet the minimum requirementsfor licensure; and
(2) the applicant is not in violation of:
(A) the statute regulating the applicant's profession; or
(B) rules adopted by the board regulating the applicant'sprofession.
(f) The agency shall process an application for renewal of alicense or certificate:
(1) not later than ten (10) days after the agency receives allrequired forms and evidence; or
(2) within twenty-four (24) hours after the time that anapplicant for renewal appears in person at the agency with allrequired forms and evidence.
This subsection does not require the agency to issue a renewallicense or certificate to an applicant if subsection (g) applies.
(g) The agency may delay issuing a license renewal for up toninety (90) days after the renewal date for the purpose of permittingthe board to investigate information received by the agency that theapplicant for renewal may have committed an act for which theapplicant may be disciplined. If the agency delays issuing a licenserenewal, the agency shall notify the applicant that the applicant isbeing investigated. Except as provided in subsection (h), before theend of the ninety (90) day period, the board shall do one (1) of thefollowing:
(1) Deny the license renewal following a personal appearanceby the applicant before the board.
(2) Issue the license renewal upon satisfaction of all otherconditions for renewal.
(3) Issue the license renewal and file a complaint underIC 25-1-7.
(4) Request the office of the attorney general to conduct aninvestigation under subsection (i) if, following a personalappearance by the applicant before the board, the board hasgood cause to believe that there has been a violation ofIC 25-1-9-4 by the applicant.
(5) Upon agreement of the applicant and the board andfollowing a personal appearance by the applicant before theboard, renew the license and place the applicant on probationstatus under IC 25-1-9-9.
(h) If an individual fails to appear before the board undersubsection (g), the board may take action on the applicant's licenseallowed under subsection (g)(1), (g)(2), or (g)(3).
(i) If the board makes a request under subsection (g)(4), the officeof the attorney general shall conduct an investigation. Uponcompletion of the investigation, the office of the attorney general
may file a petition alleging that the applicant has engaged in activitydescribed in IC 25-1-9-4. If the office of the attorney general files apetition, the board shall set the matter for a hearing. If, after thehearing, the board finds the practitioner violated IC 25-1-9-4, theboard may impose sanctions under IC 25-1-9-9. The board may delayissuing the renewal beyond the ninety (90) days after the renewaldate until a final determination is made by the board. The applicant'slicense remains valid until the final determination of the board isrendered unless the renewal is denied or the license is summarilysuspended under IC 25-1-9-10.
(j) The license of the applicant for a license renewal remains validduring the ninety (90) day period unless the license renewal is deniedfollowing a personal appearance by the applicant before the boardbefore the end of the ninety (90) day period. If the ninety (90) dayperiod expires without action by the board, the license shall beautomatically renewed at the end of the ninety (90) day period.
(k) Notwithstanding any other statute, the agency may staggerlicense or certificate renewal cycles. However, if a renewal cycle fora specific board or committee is changed, the agency must obtain theapproval of the affected board or committee.
(l) An application for a license, certificate, registration, or permitis abandoned without an action of the board, if the applicant does notcomplete the requirements to complete the application within one (1)year after the date on which the application was filed. However, theboard may, for good cause shown, extend the validity of theapplication for additional thirty (30) day periods. An applicationsubmitted after the abandonment of an application is considered anew application.
As added by Acts 1981, P.L.222, SEC.2. Amended by P.L.169-1985,SEC.25; P.L.149-1987, SEC.19; P.L.22-1999, SEC.1; P.L.44-2000,SEC.1; P.L.75-2002, SEC.1; P.L.206-2005, SEC.4; P.L.177-2009,SEC.14.
IC 25-1-5-5
Executive director
Sec. 5. (a) The agency shall be administered by an executivedirector appointed by the governor who shall serve at the will andpleasure of the governor.
(b) The executive director must be qualified by experience andtraining.
(c) The term "executive director" or "secretary", or any otherstatutory term for the administrative officer of a board listed insection 3 of this chapter, means the executive director of the agencyor the executive director's designee.
(d) The executive director is the chief fiscal officer of the agencyand is responsible for hiring of all staff, and for procurement of allservices and supplies in accordance with IC 5-22. The executivedirector and the employees of the agency are subject to IC 4-15-1.8but are not under IC 4-15-2. The executive director may appoint notto exceed three (3) deputy directors, who must be qualified to work
for the boards which are served by the agency.
(e) The executive director shall execute a bond payable to thestate, with surety to consist of a surety or guaranty corporationqualified to do business in Indiana, in an amount fixed by the stateboard of accounts, conditioned upon the faithful performance ofduties and the accounting for all money and property that come intothe executive director's hands or under the executive director'scontrol. The executive director may likewise cause any employee ofthe agency to execute a bond if that employee receives, disburses, orin any way handles funds or property of the agency. The costs of anysuch bonds shall be paid from funds available to the agency.
(f) The executive director may present to the general assemblylegislative recommendations regarding operations of the agency andthe boards it serves, including adoption of four (4) year license orcertificate renewal cycles wherever feasible.
(g) The executive director may execute orders, subpoenas,continuances, and other legal documents on behalf of a board orcommittee when requested to do so by the board or committee.
(h) The executive director or the executive director's designeemay, upon request of a board or committee, provide advice andtechnical assistance on issues that may be presented to the boards orcommittees.
As added by Acts 1981, P.L.222, SEC.2. Amended by Acts 1982,P.L.113, SEC.9; P.L.169-1985, SEC.26; P.L.149-1987, SEC.20;P.L.48-1991, SEC.14; P.L.49-1997, SEC.63; P.L.206-2005, SEC.5.
IC 25-1-5-6
Executive director; representatives; staff placement
Sec. 6. (a) The executive director may designate certainemployees of the agency to represent the executive director of theagency at the board meetings, proceedings, or other activities of theboard.
(b) The executive director shall assign staff to individual boardsand shall work with the boards to ensure efficient utilization andplacement of staff.
As added by Acts 1981, P.L.222, SEC.2. Amended by P.L.169-1985,SEC.27; P.L.206-2005, SEC.6.
IC 25-1-5-7
Repealed
(Repealed by P.L.186-1990, SEC.17.)
IC 25-1-5-8
Repealed
(Repealed by P.L.206-2005, SEC.15.)
IC 25-1-5-9
Submission of certified document as proof of required diploma
Sec. 9. If a board or committee requires an applicant for acertificate or license to submit a certified copy of a diploma showing
that the applicant graduated from a school or program as a conditionfor certification or licensure, the applicant may satisfy thisrequirement by submitting another certified document that showsthat the applicant graduated from or received the required diplomafrom the applicable school or program.
As added by P.L.177-1996, SEC.1.
IC 25-1-5-10
Provider profiles
Sec. 10. (a) As used in this section, "provider" means anindividual licensed, certified, registered, or permitted by any of thefollowing:
(1) Board of chiropractic examiners (IC 25-10-1).
(2) State board of dentistry (IC 25-14-1).
(3) Indiana state board of health facility administrators (IC25-19-1).
(4) Medical licensing board of Indiana (IC 25-22.5-2).
(5) Indiana state board of nursing (IC 25-23-1).
(6) Indiana optometry board (IC 25-24).
(7) Indiana board of pharmacy (IC 25-26).
(8) Board of podiatric medicine (IC 25-29-2-1).
(9) Speech-language pathology and audiology board (IC25-35.6-2).
(10) State psychology board (IC 25-33).
(11) Indiana board of veterinary medical examiners (IC25-38.1-2).
(12) Indiana physical therapy committee (IC 25-27).
(13) Respiratory care committee (IC 25-34.5).
(14) Occupational therapy committee (IC 25-23.5).
(15) Behavioral health and human services licensing board (IC25-23.6).
(16) Physician assistant committee (IC 25-27.5).
(17) Indiana athletic trainers board (IC 25-5.1-2-1).
(18) Indiana dietitians certification board (IC 25-14.5-2-1).
(b) The agency shall create and maintain a provider profile foreach provider described in subsection (a).
(c) A provider profile must contain the following information:
(1) The provider's name.
(2) The provider's license, certification, registration, or permitnumber.
(3) The provider's license, certification, registration, or permittype.
(4) The date the provider's license, certification, registration, orpermit was issued.
(5) The date the provider's license, certification, registration, orpermit expires.
(6) The current status of the provider's license, certification,registration, or permit.
(7) The provider's city and state of record.
(8) A statement of any disciplinary action taken against the
provider within the previous ten (10) years by a board orcommittee described in subsection (a).
(d) The agency shall make provider profiles available to thepublic.
(e) The computer gateway administered by the office oftechnology established by IC 4-13.1-2-1 shall make the informationdescribed in subsection (c)(1), (c)(2), (c)(3), (c)(6), (c)(7), and (c)(8)generally available to the public on the Internet.
(f) The agency may adopt rules under IC 4-22-2 to implement thissection.
As added by P.L.211-2001, SEC.1. Amended by P.L.177-2005,SEC.45; P.L.206-2005, SEC.7; P.L.2-2008, SEC.58; P.L.122-2009,SEC.4; P.L.84-2010, SEC.10.
IC 25-1-5-11
Provision of Social Security number; access to numbers
Sec. 11. (a) An individual who applies for a license issued by aboard under this chapter or who holds a license issued by a boardunder this chapter shall provide the individual's Social Securitynumber to the agency.
(b) The agency and the boards shall collect and release theapplicant's or licensee's Social Security number as provided in stateor federal law.
(c) Notwithstanding IC 4-1-10-3, the agency and the boards mayallow access to the Social Security number of each person who islicensed under this chapter or has applied for a license under thischapter to:
(1) a testing service that provides the examination for licensureto the agency or the boards; or
(2) an individual state regulatory board or an organizationcomposed of state regulatory boards for the applicant's orlicensee's profession for the purpose of coordinating licensureand disciplinary activities among the individual states.
As added by P.L.157-2006, SEC.18.