Text of IN HB 1520 (2025)
Professional licensing.
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As introduced
91,419 characters
Introduced Version
HOUSE BILL No. 1520
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-20.5-7-14; IC 5-22-22; IC 6-8.1-8-3;
IC 9-32; IC 25-0.5; IC 25-1; IC 25-6.1; IC 25-8; IC 25-20;
IC 25-21.8-4-5; IC 25-22.5-1-2; IC 25-23.6; IC 25-27.5-5;
IC 25-34.1-3-2; IC 25-34.5-3-7; IC 25-35.6; IC 25-37-1-2;
IC 32-29-7-1; IC 32-30-10-1; IC 34-6-2-13; IC 35-52-25; IC 36-1-11-4.
Synopsis: Professional licensing. Removes the following licensing
provisions: (1) hearing aid dealers; (2) auctioneers and auction
companies; and (3) electrologists. Removes specific courses required
for certain behavioral health licensure. Replaces specific courses
required for certain behavioral health licensure with a requirement that
the program be nationally accredited. Makes conforming changes.
Effective: July 1, 2025.
Pierce K
January 21, 2025, read first time and referred to Committee on Employment, Labor and
Pensions.
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IN 1520—LS 7633/DI 148
Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1520
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
1
SECTION 1. IC 4-20.5-7-14 IS AMENDED TO READ AS
2
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 14. (a) As used in this
3
section, "auctioneer" refers to an auctioneer licensed under IC 25-6.1.
4
(b) Instead of taking bids, the department may engage an auctioneer
5
to advertise the sale and to conduct a public auction of the property.
6
(c) (b) The advertising by an auctioneer under this section must
7
include a detailed description of the property to be sold.
8
(d) (c) In addition to advertising given to the sale by an auctioneer,
9
notice of the sale must be given as required by section 12 of this
10
chapter.
11
(e) (d) The transferring agency shall pay the costs of an auction
12
conducted under this section.
13
SECTION 2. IC 5-22-22-4, AS AMENDED BY P.L.58-2018,
14
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15
JULY 1, 2025]: Sec. 4. (a) Except as provided in subsection (b), if the
16
property to be sold is:
17
(1) one (1) item, with an estimated value of one thousand dollars
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2
1
($1,000) or more; or
2
(2) more than one (1) item, with an estimated total value of five
3
thousand dollars ($5,000) or more;
4
the purchasing agency may engage an auctioneer licensed under
5
IC 25-6.1 to advertise the sale and conduct a public auction.
6
(b) This subsection applies if the property to be sold is property that
7
belongs to a state agency. If the property is not to be sold under section
8
4.5 of this chapter, the commissioner of the Indiana department of
9
administration shall sell the property under this section. In engaging an
10
auctioneer under this section, the commissioner shall give preference
11
to an auctioneer to conduct the public auction who is also a resident of
12
Indiana.
13
(c) The advertising by an auctioneer under this section must include
14
a detailed description of the property to be sold.
15
(d) The purchasing agency shall pay an auctioneer who conducts a
16
sale under this section from the gross proceeds of the sale received
17
before other expenses and liens are paid.
18
SECTION 3. IC 5-22-22-4.7 IS REPEALED [EFFECTIVE JULY
19
1, 2025]. Sec. 4.7. (a) This section applies only if both of the following
20
apply:
21
(1) The property to be sold is property that belongs to a state
22
agency.
23
(2) The property will be sold under section 4.5 of this chapter.
24
(b) If the purchasing agency sells surplus property using an Internet
25
auction site, in addition to the requirements for an Internet auction site
26
under section 4.5 of this chapter, the purchasing agency shall give
27
preference in selection of the Internet auction site to Internet auction
28
sites owned or operated by a person licensed under IC 25-6.1.
29
SECTION 4. IC 6-8.1-8-3, AS AMENDED BY P.L.118-2024,
30
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31
JULY 1, 2025]: Sec. 3. (a) The county sheriff of a county shall attempt
32
to levy on and collect a judgment arising from a tax warrant in that
33
county for a period of one hundred twenty (120) days from the date the
34
judgment lien is entered, unless the sheriff is relieved of that duty at an
35
earlier time by the department. The sheriff shall also have authority to
36
attempt to levy on and collect the outstanding tax liability if the
37
taxpayer does not pay the amount demanded under section 2(b) of this
38
chapter and the taxpayer has taken an action under section 2(n) of this
39
chapter to foreclose the lien. The sheriff's authority to collect the
40
warrant exists only while the sheriff holds the tax warrant, and if the
41
sheriff surrenders the warrant to the department for any reason the
42
sheriff's authority to collect that tax warrant ceases. During the period
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1
that the sheriff has the duty to collect a tax warrant, the sheriff shall
2
collect from the person owing the tax, an amount equal to the amount
3
of the judgment lien plus the accrued interest to the date of the
4
payment. Subject to subsection (b), the sheriff shall make the collection
5
by garnisheeing the person's wages and by levying on and selling any
6
interest in property or rights in any chose in action that the person has
7
in the county. The Indiana laws which provide relief for debtors by
8
exempting certain property from levy by creditors do not apply to levy
9
and sale proceedings for judgments arising from tax warrants.
10
(b) A sheriff shall sell property to satisfy a tax warrant in a manner
11
that is reasonably likely to bring the highest net proceeds from the sale
12
after deducting the expenses of the offer to sell and sale. A sheriff may
13
engage an auctioneer to advertise a sale and to conduct a public
14
auction, unless the person being levied files an objection with the clerk
15
of the circuit or superior court having the tax warrant within five (5)
16
days of the day that the sheriff informs the person of the person's right
17
to object. The advertising conducted by the auctioneer is in addition to
18
any other notice required by law, and shall include a detailed
19
description of the property to be sold. When an auctioneer is engaged
20
under this subsection and the auctioneer files a verified claim with the
21
clerk of the circuit or superior court with whom the tax warrant is filed,
22
the sheriff may pay the reasonable fee and reasonable expenses of the
23
auctioneer from the gross proceeds of the sale before other expenses
24
and the judgment arising from the tax warrant are paid. As used in this
25
section, "auctioneer" means an auctioneer licensed under IC 25-6.1.
26
(c) The sheriff shall deposit all amounts that the sheriff collects
27
under this section, including partial payments, into a special trust
28
account for judgments collected that arose from tax warrants. The
29
sheriff shall remit received payments through the department's direct
30
electronic interface or by using the department's electronic payment
31
sheriff portal. On the fifth and the twentieth day of each month, the
32
sheriff shall disburse the money in the tax warrant judgment lien trust
33
account in the following order:
34
(1) The sheriff shall pay the department the part of the collections
35
that represents taxes, interest, and penalties.
36
(2) The sheriff shall pay the county treasurer and the clerk of the
37
circuit or superior court the part of the collections that represents
38
their assessed costs.
39
(3) Except as provided in subdivisions (4) and (5), the sheriff
40
shall keep the part of the collections that represents the ten
41
percent (10%) collection fee added under section 2(b) of this
42
chapter.
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1
(4) If the sheriff has entered a salary contract under
2
IC 36-2-13-2.5, the sheriff shall deposit in the county general fund
3
the part of the collections that represents the ten percent (10%)
4
collection fee added under section 2(b) of this chapter.
5
(5) If the sheriff has not entered into a salary contract under
6
IC 36-2-13-2.5, the sheriff shall deposit in the county general fund
7
the part of the collections that:
8
(A) represents the ten percent (10%) collection fee added
9
under section 2(b) of this chapter; and
10
(B) would, if kept by the sheriff, result in the total amount of
11
the sheriff's annual compensation exceeding the maximum
12
amount allowed under IC 36-2-13-17.
13
The department shall establish the procedure for the disbursement of
14
partial payments so that the intent of this section is carried out.
15
(d) After the period described in subsection (a) has passed, the
16
sheriff shall return the tax warrant to the department. However, if the
17
department determines that:
18
(1) at the end of this period the sheriff is in the process of
19
collecting the judgment arising from a tax warrant in periodic
20
payments of sufficient size that the judgment will be fully paid
21
within one (1) year after the date the judgment was filed; and
22
(2) the sheriff's electronic data base regarding tax warrants is
23
compatible with the department's data base;
24
the sheriff may keep the tax warrant and continue collections.
25
(e) Notwithstanding any other provision of this chapter, the
26
department may order a sheriff to return a tax warrant at any time, if the
27
department feels that action is necessary to protect the interests of the
28
state.
29
(f) This subsection applies only to the sheriff of a county having a
30
consolidated city or a second class city. In such a county, the ten
31
percent (10%) collection fee added under section 2(b) of this chapter
32
shall be divided as follows:
33
(1) Subject to subsection (g), the sheriff may retain forty thousand
34
dollars ($40,000), plus one-fifth (1/5) of any fees exceeding that
35
forty thousand dollar ($40,000) amount.
36
(2) Two-fifths (2/5) of any fees exceeding that forty thousand
37
dollar ($40,000) amount shall be deposited in the sheriff's
38
department's pension trust fund.
39
(3) Two-fifths (2/5) of any fees exceeding that forty thousand
40
dollar ($40,000) amount shall be deposited in the county general
41
fund.
42
(g) If an amount of the collection fee added under section 2(b) of
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1
this chapter would, if retained by the sheriff under subsection (f)(1),
2
cause the total amount of the sheriff's annual compensation to exceed
3
the maximum amount allowed under IC 36-2-13-17, the sheriff shall
4
instead deposit the amount in the county general fund.
5
(h) Money deposited into a county general fund under subsections
6
(c)(5) and (g) must be used as follows:
7
(1) To reduce any unfunded liability of a sheriff's pension trust
8
plan established for the county's sheriff's department.
9
(2) Any amounts remaining after complying with subdivision (1)
10
must be applied to the costs incurred to operate the county's
11
sheriff's department.
12
SECTION 5. IC 9-32-2.1-3, AS ADDED BY P.L.104-2024,
13
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14
JULY 1, 2025]: Sec. 3. "Automobile auction company" means a person
15
whose primary business consists of arranging, managing, sponsoring,
16
advertising, hosting, carrying out, or otherwise facilitating the auction
17
of more than three (3) motor vehicles or watercraft on the basis of bids
18
by persons acting for themselves or others, within a twelve (12) month
19
period. The term includes a place of business or facilities provided by
20
an auctioneer as part of the business of the auctioneer for the purchase
21
and sale of motor vehicles or watercraft on the basis of bids by persons
22
acting for themselves or others. The term does not include a person
23
acting only as an auctioneer under IC 25-6.1-1.
24
SECTION 6. IC 9-32-11-11.5, AS AMENDED BY P.L.284-2019,
25
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26
JULY 1, 2025]: Sec. 11.5. (a) A person that is a licensed dealer in a
27
state other than Indiana may apply for an out-of-state dealer special
28
event permit from the secretary for a special event auction if the
29
following conditions are met:
30
(1) The event is a motor vehicle auction conducted by an
31
auctioneer. licensed under IC 25-6.1-3.
32
(2) The motor vehicles to be auctioned are:
33
(A) at least fifteen (15) years old; or
34
(B) classified as classic, collector, or antique motor vehicles
35
under rules adopted by the secretary.
36
(3) At least two hundred (200) motor vehicles will be auctioned
37
during the special event.
38
(4) The person submits an application for a special event permit
39
to the secretary not later than thirty (30) days prior to the
40
beginning date of the special event auction.
41
(5) The application for the special event permit includes the
42
following:
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1
(A) Copies of licenses for all auctioneers for the special event
2
auction.
3
(B) A copy of a valid dealer's license from the other state.
4
(C) Either of the following:
5
(i) An affidavit stating that the proposed location is zoned
6
for the operation of a special event auction from the person
7
charged with enforcing a zoning ordinance, or the zoning
8
enforcement officer under IC 36-7-4 who has jurisdiction
9
over the real property where the applicant wants to operate
10
the special event auction.
11
(ii) If there is no person or officer under item (i), the
12
application must be accompanied by a statement to that
13
effect from the executive (as defined in IC 36-1-2-5) of the
14
unit in which the real property is located.
15
(6) The applicant may file the affidavit or statement under
16
subdivision (5)(C) at any time after the filing of the application.
17
However, the secretary may not issue a special event auction
18
permit until the applicant files the affidavit or the statement.
19
(7) The affidavit or statement may not be signed by a person
20
described in subdivision (5)(C)(i) or the executive of a unit more
21
than ninety (90) days before the affidavit or statement is
22
submitted to the secretary as part of an application for a permit
23
under this section.
24
(b) Not more than one (1) special event auction permit may be
25
issued by the secretary to the same applicant within a twelve (12)
26
month period.
27
(c) If the application for the special event permit is approved, the
28
dealer must submit a fee of five hundred dollars ($500). The secretary
29
shall retain the fee.
30
SECTION 7. IC 9-32-11-18, AS AMENDED BY P.L.284-2019,
31
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32
JULY 1, 2025]: Sec. 18. (a) A person licensed under this article shall
33
be issued a special event permit from the secretary for a special event
34
that meets the following conditions:
35
(1) The event is a motor vehicle auction conducted by
36
auctioneers. licensed under IC 25-6.1-3.
37
(2) The motor vehicles to be auctioned are:
38
(A) at least fifteen (15) years old; or
39
(B) classified as classic, collector, or antique motor vehicles
40
under rules adopted by the secretary.
41
(3) At least one hundred (100) motor vehicles will be auctioned
42
during the special event.
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1
(4) The licensee submits to the secretary an application for a
2
special event permit not later than thirty (30) days before the
3
beginning date of the special event.
4
(5) The application under subdivision (4) includes the following:
5
(A) An affidavit stating that the proposed location is zoned for
the operation of a special event auction from:
6
7
(i) the person charged with enforcing a zoning ordinance; or
8
(ii) a zoning enforcement officer under IC 36-7-4;
9
who has jurisdiction over the real property where the applicant
10
wants to operate the special event auction.
11
(B) A fee of two hundred fifty dollars ($250). The fee shall be
12
deposited as set forth in IC 9-32-7-3.
13
(b) If there is no person or officer under subsection (a)(5)(A), the
14
application must be accompanied by a statement to that effect from the
15
executive (as defined in IC 36-1-2-5) of the unit in which the real
16
property is located.
17
(c) The applicant may file the affidavit or statement at any time after
18
the filing of the application. However, the secretary may not issue a
19
special event auction permit until the applicant files the affidavit or
20
statement.
21
(d) The affidavit or statement may not be signed by a person
22
described in subsection (a)(5)(A) or the executive of a unit described
23
in subsection (b) more than ninety (90) days before the affidavit or
24
statement is submitted to the secretary as part of an application for a
25
permit under this section.
26
(e) Not more than two (2) special event permits may be issued by
27
the secretary to the same applicant within a twelve (12) month period.
28
SECTION 8. IC 25-0.5-4-5 IS REPEALED [EFFECTIVE JULY 1,
29
2025]. Sec. 5. The Indiana auctioneer commission (IC 25-6.1-2-1) is a
30
board under IC 25-1-4.
31
SECTION 9. IC 25-0.5-4-13 IS REPEALED [EFFECTIVE JULY
32
1, 2025]. Sec. 13. The committee of hearing aid dealer examiners (IC
33
25-20-1-1.5) is a board under IC 25-1-4.
34
SECTION 10. IC 25-0.5-5-13 IS REPEALED [EFFECTIVE JULY
35
1, 2025]. Sec. 13. The Indiana professional licensing agency shall
36
perform administrative functions, duties, and responsibilities for the
37
committee of hearing aid dealer examiners (IC 25-20) under
38
IC 25-1-5-3(a).
39
SECTION 11. IC 25-0.5-7-4 IS REPEALED [EFFECTIVE JULY
40
1, 2025]. Sec. 4. The Indiana professional licensing agency shall
41
perform administrative functions, duties, and responsibilities for the
42
Indiana auctioneer commission (IC 25-6.1-2-1) under IC 25-1-6-3(a).
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1
SECTION 12. IC 25-0.5-8-4 IS REPEALED [EFFECTIVE JULY
2
1, 2025]. Sec. 4. An occupation for which a person is licensed,
3
certified, or registered by the Indiana auctioneer commission (IC
4
25-6.1-2-1) is a regulated occupation under IC 25-1-7.
5
SECTION 13. IC 25-0.5-9-4 IS REPEALED [EFFECTIVE JULY
6
1, 2025]. Sec. 4. The Indiana auctioneer commission (IC 25-6.1-2-1)
7
is a board under IC 25-1-8.
8
SECTION 14. IC 25-0.5-10-5 IS REPEALED [EFFECTIVE JULY
9
1, 2025]. Sec. 5. The Indiana auctioneer commission (IC 25-6.1-2-1)
10
is a board under IC 25-1-8-6.
11
SECTION 15. IC 25-0.5-10-13 IS REPEALED [EFFECTIVE JULY
12
1, 2025]. Sec. 13. The committee of hearing aid dealer examiners (IC
13
25-20-1-1.5) is a board under IC 25-1-8-6.
14
SECTION 16. IC 25-0.5-12-4 IS REPEALED [EFFECTIVE JULY
15
1, 2025]. Sec. 4. The Indiana auctioneer commission (IC 25-6.1-2) is
16
a board under IC 25-1-11.
17
SECTION 17. IC 25-1-9-2, AS AMENDED BY P.L.36-2022,
18
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19
JULY 1, 2025]: Sec. 2. (a) As used in this chapter, "practitioner" means
20
an individual who holds:
21
(1) an unlimited license, certificate, or registration;
22
(2) a limited or probationary license, certificate, or registration;
23
(3) a temporary license, certificate, registration, or permit;
24
(4) an intern permit; or
25
(5) a provisional license;
26
issued by the board regulating the profession in question. including a
27
certificate of registration issued under IC 25-20.
28
(b) The term includes an individual who held:
29
(1) an unlimited license, certificate, or registration;
30
(2) a limited or probationary license, certificate, or registration;
31
(3) a temporary license, certificate, registration, or permit;
32
(4) an intern permit; or
33
(5) a provisional license;
34
issued by the board regulating the profession in question, including a
35
certificate of registration issued under IC 25-20, when the alleged
36
violation of this chapter occurred.
37
SECTION 18. IC 25-1-10.3-5, AS ADDED BY P.L.128-2022,
38
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39
JULY 1, 2025]: Sec. 5. (a) As used in this chapter, except as provided
40
in subsection (b), "practitioner" means an individual who holds a
41
license issued by a board described in IC 25-0.5-11. including a
42
certificate of registration issued under IC 25-20.
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1
(b) The term does not include a veterinarian licensed under
2
IC 25-38.1.
3
SECTION 19. IC 25-1-11-7 IS REPEALED [EFFECTIVE JULY 1,
4
2025]. Sec. 7. A practitioner licensed to practice auctioneering is
5
subject to the disciplinary sanctions under section 12 of this chapter if,
6
after a hearing, the board finds that the practitioner has failed to:
7
(1) account and to make payment under IC 25-6.1-6-2; or
8
(2) keep the funds of others separate from the practitioner's own
9
private accounts.
10
SECTION 20. IC 25-6.1 IS REPEALED [EFFECTIVE JULY 1,
11
2025]. (Auctioneers and Auctions).
12
SECTION 21. IC 25-8-2-2.6, AS AMENDED BY P.L.170-2013,
13
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14
JULY 1, 2025]: Sec. 2.6. "Beauty culture professional" refers to the
15
following:
16
(1) A cosmetologist licensed under IC 25-8-9.
17
(2) An electrologist licensed under IC 25-8-10.
18
(3) (2) A manicurist licensed under IC 25-8-11.
19
(4) (3) An esthetician licensed under IC 25-8-12.5.
20
(5) (4) An instructor licensed under IC 25-8-6.
21
(6) (5) A beauty culturist licensed under IC 25-8-12.1.
22
SECTION 22. IC 25-8-2-9 IS REPEALED [EFFECTIVE JULY 1,
23
2025]. Sec. 9. "Electrologist" means a person licensed under
24
IC 25-8-10 to provide electrolysis.
25
SECTION 23. IC 25-8-3-5, AS AMENDED BY P.L.249-2019,
26
SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27
JULY 1, 2025]: Sec. 5. (a) Each of the members of the board must
28
reside in Indiana.
29
(b) Subject to IC 25-1-6.5-3, the members of the board must meet
30
the following qualifications:
31
(1) Two (2) of the members must:
32
(A) possess a current cosmetologist license; and
33
(B) have practiced cosmetology in Indiana continuously for at
34
least five (5) years immediately before appointment.
35
(2) Two (2) of the members of the board must:
36
(A) possess a current barber license; and
37
(B) have practiced barbering in Indiana continuously for at
38
least five (5) years immediately before appointment.
39
(3) One (1) of the members must be an owner or operator of a
40
beauty culture school. However, the member may not be a
41
licensed barber or cosmetologist.
42
(4) One (1) of the members must be licensed as an electrologist,
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1
an esthetician or a manicurist.
2
(5) One (1) of the members must not have any association with
3
the practice of beauty culture, except as a consumer.
4
SECTION 24. IC 25-8-4-2, AS AMENDED BY P.L.84-2010,
5
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6
JULY 1, 2025]: Sec. 2. (a) If the board determines that:
7
(1) a person possesses a valid license from another jurisdiction to
8
perform acts that require a license under this article; and
9
(2) the jurisdiction issuing the license imposes substantially equal
10
requirements on applicants for the license as are imposed on
11
applicants for an Indiana license;
12
the board may issue a license to perform those acts in Indiana to that
13
person upon payment of the fee required under IC 25-8-13.
14
(b) This subsection applies only to applications for a cosmetologist
15
license under IC 25-8-9. If the jurisdiction issuing the license does not
16
impose substantially equal requirements for education hours as
17
required under subsection (a)(2), the board may approve the
18
combination of education hours plus actual licensed practice in the
19
other jurisdiction when issuing a license to a person from that
20
jurisdiction. One (1) year of licensed practice is equal to one hundred
21
(100) hours of education to an applicant who has completed a
22
minimum of one thousand (1,000) hours of education.
23
(c) This subsection applies only to applications for a manicurist
24
license under IC 25-8-11. If the jurisdiction issuing a license does not
25
impose substantially equal requirements for education hours as
26
required under subsection (a)(2), the board may approve the
27
combination of education hours plus actual licensed practice in the
28
other jurisdiction when issuing a license to a person from that
29
jurisdiction, as follows:
30
(1) For an applicant with less than twenty (20) years of actual
31
licensed practice as a manicurist, one (1) year of licensed practice
32
is equal to one hundred (100) hours of education to an applicant
33
who has completed at least three hundred (300) hours of
34
education.
35
(2) For an applicant with twenty (20) or more years of actual
36
licensed practice as a manicurist, one (1) year of licensed practice
37
is equal to one hundred (100) hours of education to an applicant
38
who has completed at least one hundred (100) hours of education.
39
(d) This subsection applies only to applications for an electrologist
40
license under IC 25-8-10. If the jurisdiction issuing a license does not
41
impose substantially equal requirements for education hours as
42
required under subsection (a)(2), the board may approve the
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1
combination of education hours plus actual licensed practice in the
2
other jurisdiction when issuing a license to a person from that
3
jurisdiction. One (1) year of licensed practice as an electrologist is
4
equal to one hundred (100) hours of education to an applicant who has
5
completed at least two hundred (200) hours of education.
6
(e) (d) This subsection applies only to applications for an esthetician
7
license under IC 25-8-12.5. If the jurisdiction issuing a license does not
8
impose substantially equal requirements for education hours as
9
required under subsection (a)(2), the board may approve the
10
combination of education hours plus actual licensed practice in the
11
other jurisdiction when issuing a license to a person from that
12
jurisdiction. One (1) year of licensed practice as an esthetician is equal
13
to one hundred (100) hours of education to an applicant who has
14
completed at least four hundred (400) hours of education.
15
(f) (e) This subsection applies only to applications for a beauty
16
culture instructor license under IC 25-8-6. If the jurisdiction issuing a
17
license does not impose substantially equal requirements for education
18
hours as required under subsection (a)(2), the board may approve the
19
combination of education hours plus actual licensed practice in the
20
other jurisdiction when issuing a license to a person from that
21
jurisdiction. One (1) year of licensed practice as a beauty culture
22
instructor is equal to one hundred (100) hours of education to an
23
applicant who has completed at least seven hundred (700) hours of
24
education.
25
(g) (f) This subsection applies only to applications for a barber
26
license under IC 25-8-12.1. If the jurisdiction issuing the license does
27
not impose substantially equivalent requirements as required under
28
subsection (a)(2), the board may approve a combination of education
29
hours plus actual licensed practice in the other jurisdiction when
30
issuing a license to a person from that jurisdiction. One (1) year of
31
licensed practice is equal to one hundred (100) hours of education to
32
an applicant who has completed at least one thousand (1,000) hours of
33
education.
34
SECTION 25. IC 25-8-6-3, AS AMENDED BY P.L.170-2013,
35
SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36
JULY 1, 2025]: Sec. 3. The application described in section 2 of this
37
chapter must state that the applicant:
38
(1) is at least eighteen (18) years of age;
39
(2) has graduated from high school or received the equivalent of
40
a high school education;
41
(3) holds a cosmetologist, an electrologist, a manicurist, a barber,
42
or an esthetician license issued under this article;
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1
(4) has completed the education and experience requirements
2
subject to the rules adopted by the board;
3
(5) has not committed an act for which the applicant could be
4
disciplined under IC 25-8-14;
5
(6) has received a satisfactory grade (as described in IC 25-8-4-9)
6
on an examination for instructor license applicants prescribed by
7
the board; and
8
(7) has paid the fee set forth in IC 25-8-13-4 for the issuance of a
9
license under this chapter.
10
SECTION 26. IC 25-8-6-6, AS AMENDED BY P.L.170-2013,
11
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12
JULY 1, 2025]: Sec. 6. A person who obtains an instructor license may
13
provide instruction in the following:
14
(1) Cosmetology, if the person holds a cosmetologist license
15
under IC 25-8-9.
16
(2) Electrology, if the person holds an electrologist license under
17
IC 25-8-10.
18
(3) (2) Manicuring, if the person holds a manicurist license under
19
IC 25-8-11.
20
(4) (3) Esthetics, if the person holds an esthetician license under
21
IC 25-8-12.5.
22
(5) (4) Barbering, if the person holds a barber license under
23
IC 25-8-12.1.
24
SECTION 27. IC 25-8-10 IS REPEALED [EFFECTIVE JULY 1,
25
2025]. (Electrologist Licenses).
26
SECTION 28. IC 25-8-13-8 IS REPEALED [EFFECTIVE JULY 1,
27
2025]. Sec. 8. (a) The board shall charge a fee established by the board
28
under IC 25-1-8-2 for providing an examination to an applicant for an
29
electrologist license.
30
(b) The board shall charge a fee established by the board under
31
IC 25-1-8-2 for issuing or renewing an electrologist license.
32
IC 25-1-2-6(e) applies to the issuance and renewal of an electrologist
33
license.
34
(c) The board shall charge a fee established under IC 25-1-8-6 for
35
reinstating an electrologist license.
36
(d) The board shall charge a fee established by the board under
37
IC 25-1-8-2 for issuing a license to a person who holds an electrologist
38
license from another jurisdiction that meets the requirements under
39
IC 25-8-4-2.
40
SECTION 29. IC 25-8-14-6, AS AMENDED BY P.L.170-2013,
41
SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42
JULY 1, 2025]: Sec. 6. (a) A person who:
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1
(1) is a cosmetologist, a manicurist, an electrologist, an
2
esthetician, a barber, or an instructor; and
3
(2) knowingly performs any act authorized by a license issued
4
under this article while the person has an infectious, a contagious,
5
or a communicable disease that has been epidemiologically
6
demonstrated to be transmitted through casual contact;
7
commits a Class C infraction.
8
(b) A person who knowingly attends a beauty culture school as a
9
student while the person has an infectious, a contagious, or a
10
communicable disease that has been epidemiologically demonstrated
11
to be transmitted through casual contact commits a Class C infraction.
12
SECTION 30. IC 25-20 IS REPEALED [EFFECTIVE JULY 1,
13
2025]. (Hearing Aid Dealers).
14
SECTION 31. IC 25-21.8-4-5, AS ADDED BY P.L.267-2017,
15
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16
JULY 1, 2025]: Sec. 5. This article does not prohibit the following:
17
(1) An individual who has a license, registration, certificate, or
18
permit from the state from acting within the scope of the
19
individual's license, registration, certificate, or permit.
20
(2) An individual who participates in an approved training
21
program for the purpose of acquiring a license, registration,
22
certificate, or permit from the state from performing activities
23
within the scope of the approved training program.
24
(3) A student of an approved massage therapy school from
25
performing massage therapy under the supervision of the
26
approved massage therapy school, if the student does not profess
27
to be a licensed massage therapist.
28
(4) An individual's practice in one (1) or more of the following
29
areas that does not involve intentional soft tissue manipulation:
30
(A) Alexander Technique.
31
(B) Feldenkrais.
32
(C) Reiki.
33
(D) Therapeutic Touch.
34
(5) An individual's practice in which the individual provides
35
service marked bodywork approaches that involve intentional soft
36
tissue manipulation, including:
37
(A) Rolfing;
38
(B) Trager Approach;
39
(C) Polarity Therapy;
40
(D) Ortho-bionomy; and
41
(E) Reflexology;
42
if the individual is approved by a governing body based on a
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1
minimum level of training, demonstration of competency, and
2
adherence to ethical standards.
3
(6) The practice of massage therapy by a person either actively
4
licensed as a massage therapist in another state or currently
5
certified by the National Certification Board of Therapeutic
6
Massage and Bodywork or other national certifying body if the
7
person's state does not license massage therapists, if the
8
individual is performing duties for a non-Indiana based team or
9
organization, or for a national athletic event held in Indiana, so
10
long as the individual restricts the individual's practice to the
11
individual's team or organization during the course of the
12
individual's or the individual's team's or the individual's
13
organization's stay in Indiana or for the duration of the event.
14
(7) Massage therapists from other states or countries providing
15
educational programs in Indiana for a period not to exceed thirty
16
(30) days within a calendar year.
17
(8) An employee of a physician or a group of physicians from
18
performing an act, a duty, or a function to which the exception
19
described in IC 25-22.5-1-2(a)(20) IC 25-22.5-1-2(a)(19) applies.
20
(9) An employee of a chiropractor from performing an act, duty,
21
or function authorized under IC 25-10-1-13.
22
(10) An employee of a podiatrist or a group of podiatrists from
23
performing an act, duty, or function to which the exception
24
described in IC 25-29-1-0.5(a)(13) applies.
25
(11) A dramatic portrayal or some other artistic performance or
26
expression involving the practice of massage therapy.
27
(12) The practice of massage therapy by a member of an
28
emergency response team during a period of active emergency
29
response.
30
SECTION 32. IC 25-22.5-1-2, AS AMENDED BY P.L.128-2022,
31
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32
JULY 1, 2025]: Sec. 2. (a) This article, as it relates to the unlawful or
33
unauthorized practice of medicine or osteopathic medicine, does not
34
apply to any of the following:
35
(1) A student in training in a medical school approved by the
36
board, or while performing duties as an intern or a resident in a
37
hospital under the supervision of the hospital's staff or in a
38
program approved by the medical school.
39
(2) A person who renders service in case of emergency where no
40
fee or other consideration is contemplated, charged, or received.
41
(3) A paramedic (as defined in IC 16-18-2-266), an advanced
42
emergency medical technician (as defined in IC 16-18-2-6.5), an
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15
1
emergency medical technician (as defined in IC 16-18-2-112), or
2
a person with equivalent certification from another state who
3
renders advanced life support (as defined in IC 16-18-2-7), or
4
basic life support (as defined in IC 16-18-2-33.5):
5
(A) during a disaster emergency declared by the governor
6
under IC 10-14-3-12 in response to an act that the governor in
7
good faith believes to be an act of terrorism (as defined in
8
IC 35-31.5-2-329); and
9
(B) in accordance with the rules adopted by the Indiana
10
emergency medical services commission or the disaster
11
emergency declaration of the governor.
12
(4) Commissioned medical officers or medical service officers of
13
the armed forces of the United States, the United States Public
14
Health Service, and medical officers of the United States
15
Department of Veterans Affairs in the discharge of their official
16
duties in Indiana.
17
(5) An individual who is not a licensee who resides in another
18
state or country and is authorized to practice medicine or
19
osteopathic medicine there, who is called in for consultation by an
20
individual licensed to practice medicine or osteopathic medicine
21
in Indiana.
22
(6) A person administering a domestic or family remedy to a
23
member of the person's family.
24
(7) A member of a church practicing the religious tenets of the
25
church if the member does not make a medical diagnosis,
26
prescribe or administer drugs or medicines, perform surgical or
27
physical operations, or assume the title of or profess to be a
28
physician.
29
(8) A school corporation and a school employee who acts under
30
IC 34-30-14 (or IC 34-4-16.5-3.5 before its repeal).
31
(9) A chiropractor practicing the chiropractor's profession under
32
IC 25-10 or to an employee of a chiropractor acting under the
33
direction and supervision of the chiropractor under IC 25-10-1-13.
34
(10) A dental hygienist practicing the dental hygienist's profession
35
under IC 25-13.
36
(11) A dentist practicing the dentist's profession under IC 25-14.
37
(12) A hearing aid dealer practicing the hearing aid dealer's
38
profession under IC 25-20.
39
(13) (12) A nurse practicing the nurse's profession under
40
IC 25-23. However, a certified registered nurse anesthetist (as
41
defined in IC 25-23-1-1.4) may administer anesthesia if the
42
certified registered nurse anesthetist acts under the direction of
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16
1
and in the immediate presence of a physician.
2
(14) (13) An optometrist practicing the optometrist's profession
3
under IC 25-24.
4
(15) (14) A pharmacist practicing the pharmacist's profession
5
under IC 25-26.
6
(16) (15) A physical therapist practicing the physical therapist's
7
profession under IC 25-27.
8
(17) (16) A podiatrist practicing the podiatrist's profession under
9
IC 25-29.
10
(18) (17) A psychologist practicing the psychologist's profession
11
under IC 25-33.
12
(19) (18) A speech-language pathologist or audiologist practicing
13
the pathologist's or audiologist's profession under IC 25-35.6.
14
(20) (19) An employee of a physician or group of physicians who
15
performs an act, a duty, or a function that is customarily within
16
the specific area of practice of the employing physician or group
17
of physicians, if the act, duty, or function is performed under the
18
direction and supervision of the employing physician or a
19
physician of the employing group within whose area of practice
20
the act, duty, or function falls. An employee may not make a
21
diagnosis or prescribe a treatment and must report the results of
22
an examination of a patient conducted by the employee to the
23
employing physician or the physician of the employing group
24
under whose supervision the employee is working. An employee
25
may not administer medication without the specific order of the
26
employing physician or a physician of the employing group.
27
Unless an employee is licensed or registered to independently
28
practice in a profession described in subdivisions (9) through (18)
29
(17), nothing in this subsection grants the employee independent
30
practitioner status or the authority to perform patient services in
31
an independent practice in a profession.
32
(21) (20) A hospital licensed under IC 16-21 or IC 12-25.
33
(22) (21) A health care organization whose members,
34
shareholders, or partners are individuals, partnerships,
35
corporations, facilities, or institutions licensed or legally
36
authorized by this state to provide health care or professional
37
services as:
38
(A) a physician;
39
(B) a psychiatric hospital;
40
(C) a hospital;
41
(D) a health maintenance organization or limited service
42
health maintenance organization;
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17
1
(E) a health facility;
2
(F) a dentist;
3
(G) a registered or licensed practical nurse;
4
(H) a certified nurse midwife or a certified direct entry
5
midwife;
6
(I) an optometrist;
7
(J) a podiatrist;
8
(K) a chiropractor;
9
(L) a physical therapist; or
10
(M) a psychologist.
11
(23) (22) A physician assistant practicing the physician assistant
12
profession under IC 25-27.5.
13
(24) (23) A physician providing medical treatment under section
14
2.1 of this chapter.
15
(25) (24) An attendant who provides attendant care services (as
16
defined in IC 16-18-2-28.5).
17
(26) (25) A personal services attendant providing authorized
18
attendant care services under IC 12-10-17.1.
19
(27) (26) A respiratory care practitioner practicing the
20
practitioner's profession under IC 25-34.5.
21
(b) A person described in subsection (a)(9) through (a)(18) (a)(17)
22
is not excluded from the application of this article if:
23
(1) the person performs an act that an Indiana statute does not
24
authorize the person to perform; and
25
(2) the act qualifies in whole or in part as the practice of medicine
26
or osteopathic medicine.
27
(c) An employment or other contractual relationship between an
28
entity described in subsection (a)(21) (a)(20) through (a)(22) (a)(21)
29
and a licensed physician does not constitute the unlawful practice of
30
medicine or osteopathic medicine under this article if the entity does
31
not direct or control independent medical acts, decisions, or judgment
32
of the licensed physician. However, if the direction or control is done
33
by the entity under IC 34-30-15 (or IC 34-4-12.6 before its repeal), the
34
entity is excluded from the application of this article as it relates to the
35
unlawful practice of medicine or osteopathic medicine.
36
(d) This subsection does not apply to a prescription or drug order for
37
a legend drug that is filled or refilled in a pharmacy owned or operated
38
by a hospital licensed under IC 16-21. A physician licensed in Indiana
39
who permits or authorizes a person to fill or refill a prescription or drug
40
order for a legend drug except as authorized in IC 16-42-19-11 through
41
IC 16-42-19-19 is subject to disciplinary action under IC 25-1-9. A
42
person who violates this subsection commits the unlawful practice of
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18
1
medicine or osteopathic medicine under this chapter.
2
(e) A person described in subsection (a)(8) shall not be authorized
3
to dispense contraceptives or birth control devices.
4
(f) Nothing in this section allows a person to use words or
5
abbreviations that indicate or induce an individual to believe that the
6
person is engaged in the practice of medicine or osteopathic medicine.
7
SECTION 33. IC 25-23.6-8-2.5, AS AMENDED BY P.L.15-2023,
8
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9
JULY 1, 2025]: Sec. 2.5. (a) An applicant for a license as a marriage
10
and family therapist under section 1 of this chapter or an applicant for
11
a license as a marriage and family therapist associate under section 1.5
12
of this chapter must complete the following educational requirements:
13
(1) Except as provided in subsection (b), Graduate course work
14
that must include graduate level course credits from a program
15
accredited through the Commission on Accreditation for
16
Marriage and Therapy Education. with material in at least the
17
following content areas:
18
(A) Theoretical foundations of marriage and family therapy.
19
(B) Major models of marriage and family therapy.
20
(C) Individual development.
21
(D) Family development and family relationships.
22
(E) Clinical problems.
23
(F) Collaboration with other disciplines.
24
(G) Sexuality.
25
(H) Gender and sexual orientation.
26
(I) Issues of ethnicity, race, socioeconomic status, and culture.
27
(J) Therapy techniques.
28
(K) Behavioral research that focuses on the interpretation and
29
application of research data as it applies to clinical practice.
30
The content areas may be combined into any one (1) graduate
31
level course.
32
(2) Graduate course work in the following areas:
33
(A) Legal, ethical, and professional standards issues in the
34
practice of marriage and family therapy or an equivalent
35
course approved by the board.
36
(B) Appraisal and assessment for individual or interpersonal
37
disorder or dysfunction.
38
(3) At least one (1) supervised clinical practicum, internship, or
39
field experience in a marriage and family counseling setting that
40
meets the following requirements:
41
(A) The applicant provided during at least twelve (12) months
42
of clinical practice, at least three hundred (300) face to face
2025
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1
client contact hours, of which at least one hundred (100) hours
2
must be relational, under the supervision of a licensed
3
marriage and family therapist who has at least five (5) years of
4
experience or a qualified supervisor approved by the board.
5
(B) The applicant received one hundred (100) hours of
6
supervision from a licensed marriage and family therapist who
7
has at least five (5) years experience as a qualified supervisor.
8
The requirements under clauses (A) and (B) may be met by a
9
supervised practice experience that took place away from an
10
institution of higher education but that is certified by an official
11
of the eligible postsecondary educational institution as being
12
equivalent to a graduate level practicum or internship program at
13
an institution accredited by an accrediting agency approved by the
14
United States Department of Education Commission on
15
Recognition of Postsecondary Education, the Association of
16
Universities and Colleges of Canada, or the Commission on
17
Accreditation for Marriage and Family Therapy Education.
18
(b) The following graduate work may not be used to satisfy the
19
content area requirements under subsection (a):
20
(1) Thesis or dissertation work.
21
(2) Practicums, internships, or fieldwork.
22
SECTION 34. IC 25-23.6-8.5-3, AS AMENDED BY P.L.149-2022,
23
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24
JULY 1, 2025]: Sec. 3. An applicant as a mental health counselor
25
under section 1 of this chapter or a mental health counselor associate
26
under section 1.5 of this chapter must complete the following
27
educational requirements:
28
(1) Graduate course work in counseling from a program
29
accredited through the Council for Accreditation of
30
Counseling and Related Educational Programs. that must
31
include either a master's degree or a doctor's degree in counseling.
32
The graduate course work must include the following content
33
areas:
34
(A) Human growth and development.
35
(B) Social and cultural foundations of counseling.
36
(C) Helping relationship, including counseling theory and
37
practice.
38
(D) Group dynamics, processes, counseling, and consultation.
39
(E) Lifestyle and career development.
40
(F) Assessment and appraisal of individuals.
41
(G) Research and program evaluation.
42
(H) Professional orientation and ethics.
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1
(I) Foundations of mental health counseling.
2
(J) Contextual dimensions of mental health counseling.
3
(K) Knowledge and skills for the practice of mental health
4
counseling and psychotherapy.
5
(L) Clinical instruction.
6
(2) Not less than one (1) supervised clinical practicum, internship,
7
or field experience in a counseling setting, which must include a
8
minimum of seven hundred (700) clock hours consisting of one
9
(1) practicum of one hundred (100) hours, and one (1) internship
10
of six hundred (600) hours with at least sixty-six (66) hours of
11
face to face supervision. This requirement may be met by a
12
supervised practice experience that took place away from an
13
eligible postsecondary educational institution but that is certified
14
by an official of the eligible postsecondary educational institution
15
as being equivalent to a clinical mental health graduate level
16
practicum or internship program at an institution accredited by an
17
accrediting agency approved by the United States Department of
18
Education or the Association of Universities and Colleges of
19
Canada.
20
SECTION 35. IC 25-23.6-10.5-1, AS AMENDED BY
21
P.L.142-2020, SECTION 28, IS AMENDED TO READ AS
22
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. An individual who
23
applies for a license as an addiction counselor must meet the following
24
requirements:
25
(1) Furnish satisfactory evidence to the board that the individual
26
has:
27
(A) received a baccalaureate or higher degree in addiction
28
counseling or in a related area as determined by the board
29
from:
30
(i) an eligible postsecondary educational institution that
31
meets the requirements under section 3(1) 3(1)(A) of this
32
chapter; or
33
(ii) a foreign school that has a program of study that meets
34
the requirements under section 3(2) or 3(3) 3(1)(B) or
35
3(1)(C) of this chapter; and
36
(B) completed the educational requirements under section 5 of
37
this chapter; and
38
(C) (B) completed the experience requirements under section
39
7 of this chapter.
40
(2) Furnish satisfactory evidence to the board that the individual
41
does not have a:
42
(A) conviction for a crime of violence (as defined in
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21
1
IC 35-50-1-2); or
2
(B) conviction in the previous two (2) years that has a direct
3
bearing on the individual's ability to practice competently.
4
(3) Furnish satisfactory evidence to the board that the individual
5
has not been the subject of a disciplinary action by a licensing or
6
certification agency of another state or jurisdiction on the grounds
7
that the individual was not able to practice as an addiction
8
counselor without endangering the public.
9
(4) Pass an examination established by the board.
10
(5) Pay the fee established by the board.
11
SECTION 36. IC 25-23.6-10.5-1.5, AS AMENDED BY
12
P.L.142-2020, SECTION 29, IS AMENDED TO READ AS
13
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1.5. (a) An individual
14
who applies for a license as an addiction counselor associate must meet
15
the following requirements:
16
(1) Furnish satisfactory evidence to the board that the individual
17
has
18
(A) received a baccalaureate or higher degree in addiction
19
counseling, or in a related area as determined by the board
20
from:
21
(i) (A) an eligible postsecondary educational institution that
22
meets the requirement under section 3(1) 3(1)(A) of this
23
chapter; or
24
(ii) (B) a foreign school that has a program of study that
25
meets the requirement under section 3(2) or 3(3) 3(1)(B) or
26
3(1)(C) of this chapter. and
27
(B) completed the educational requirements under section 5 of
28
this chapter.
29
(2) Furnish satisfactory evidence to the board that the individual
30
does not have a:
31
(A) conviction for a crime of violence (as defined in
32
IC 35-50-1-2); or
33
(B) conviction in the previous two (2) years that has a direct
34
bearing on the individual's ability to practice competently.
35
(3) Furnish satisfactory evidence to the board that the individual
36
has not been the subject of a disciplinary action by a licensing or
37
certification agency of another state or jurisdiction on the grounds
38
that the individual was not able to practice as an addiction
39
counselor associate without endangering the public.
40
(4) Pass an examination established by the board.
41
(5) Pay the fee established by the board.
42
(b) The board shall issue an associate temporary permit to practice
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1
addiction counseling or clinical addiction counseling to an individual
2
who:
3
(1) meets the educational requirements for a license as an
4
addiction counselor or clinical addiction counselor;
5
(2) is pursuing the required clinical supervisory hours for a
6
license as an addiction counselor or clinical addiction counselor;
7
and
8
(3) pays a fee for the temporary permit set by the board.
9
An associate temporary permit issued under this subsection expires one
10
(1) year after the date the permit is issued, without regard to the
11
number of times the individual passes or fails the required examination
12
to become a licensed addiction counselor or clinical addiction
13
counselor. The temporary permit may not be renewed.
14
SECTION 37. IC 25-23.6-10.5-2, AS AMENDED BY
15
P.L.142-2020, SECTION 30, IS AMENDED TO READ AS
16
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. An individual who
17
applies for a license as a clinical addiction counselor must meet the
18
following requirements:
19
(1) Furnish satisfactory evidence to the board that the individual
20
has:
21
(A) received a master's or doctor's degree in addiction
22
counseling, addiction therapy, or a related area as determined
23
by the board from an eligible postsecondary educational
24
institution that meets the requirements under section 4(a)(1)
25
4(a)(1)(A) of this chapter or from a foreign school that has a
26
program of study that meets the requirements under section
27
4(a)(2) or 4(a)(3) 4(a)(1)(B) or 4(a)(1)(C) of this chapter; and
28
(B) completed the educational requirements under section 6 of
29
this chapter; and
30
(C) (B) completed the experience requirements under section
31
8 of this chapter.
32
(2) Furnish satisfactory evidence to the board that the individual
33
does not have a:
34
(A) conviction for a crime of violence (as defined in
35
IC 35-50-1-2); or
36
(B) conviction in the previous two (2) years that has a direct
37
bearing on the individual's ability to practice competently.
38
(3) Furnish satisfactory evidence to the board that the individual
39
has not been the subject of a disciplinary action by a licensing or
40
certification agency of another state or jurisdiction on the grounds
41
that the individual was not able to practice as a clinical addiction
42
counselor without endangering the public.
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1
(4) Pass an examination established by the board.
2
(5) Pay the fee established by the board.
3
SECTION 38. IC 25-23.6-10.5-2.5, AS AMENDED BY
4
P.L.142-2020, SECTION 31, IS AMENDED TO READ AS
5
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2.5. An individual who
6
applies for a license as a clinical addiction counselor associate must
7
meet the following requirements:
8
(1) Furnish satisfactory evidence to the board that the individual
9
has
10
(A) received a master's or doctor's degree in addiction
11
counseling, or in a related area as determined by the board
12
from:
13
(i) (A) an eligible postsecondary educational institution that
14
meets the requirements under section 4(a)(1) 4(a)(1)(A) of
15
this chapter; or
16
(ii) (B) a foreign school that has a program of study that
17
meets the requirements under section 4(a)(1)(B) or
18
4(a)(1)(C) of this chapter. and
19
(B) completed the education requirements under section 6 of
20
this chapter.
21
(2) Furnish satisfactory evidence to the board that the individual
22
does not have a:
23
(A) conviction for a crime of violence (as defined in
24
IC 35-50-1-2); or
25
(B) conviction in the previous two (2) years that has a direct
26
bearing on the individual's ability to practice competently.
27
(3) Furnish satisfactory evidence to the board that the individual
28
has not been the subject of a disciplinary action by a licensing or
29
certification agency of another state or jurisdiction on the grounds
30
that the individual was not able to practice as a clinical addiction
31
counselor associate without endangering the public.
32
(4) Pass an examination established by the board.
33
(5) Pay the fee established by the board.
34
SECTION 39. IC 25-23.6-10.5-3, AS ADDED BY P.L.122-2009,
35
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36
JULY 1, 2025]: Sec. 3. An applicant under section 1 of this chapter
37
must satisfy the following:
38
(1) Have a baccalaureate or higher degree in addiction counseling
39
or in a related area as determined by the board from an eligible
40
postsecondary educational institution that meets the following
41
requirements:
42
(1) (A) If the institution is located in the United States or a
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1
territory of the United States, at the time of the applicant's
2
graduation the institution was accredited by a regional
3
accrediting body recognized by the Commission on
4
Recognition of Postsecondary Accreditation.
5
(2) (B) If the institution is located in Canada, at the time of the
6
applicant's graduation the institution was a member in good
7
standing with the Association of Universities and Colleges of
8
Canada.
9
(3) (C) If the institution is located in a foreign country other
10
than Canada, at the time of the applicant's graduation the
11
institution:
12
(A) (i) was recognized by the government of the country
13
where the school was located as a program to train in the
14
practice of addiction counseling; and
15
(B) (ii) maintained a standard of training substantially
16
equivalent to the standards of institutions accredited by a
17
regional accrediting body recognized by the Commission on
18
Recognition of Postsecondary Accreditation.
19
(2) Complete at least one (1) supervised practicum, internship,
20
or field experience in an addiction counseling setting that
21
requires the applicant to provide at least three hundred fifty
22
(350) hours of addiction counseling services.
23
SECTION 40. IC 25-23.6-10.5-4, AS AMENDED BY P.L.49-2019,
24
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25
JULY 1, 2025]: Sec. 4. (a) An applicant under section 2 of this chapter
26
must satisfy the following:
27
(1) Have a master's or doctor's degree in addiction counseling,
28
addiction therapy, or a related area as determined by the board
29
from an eligible postsecondary educational institution that meets
30
the following requirements:
31
(1) (A) If the institution is located in the United States or a
32
territory of the United States, at the time of the applicant's
33
graduation the institution was accredited by a regional
34
accrediting body recognized by the Council for Higher
35
Education Accreditation (CHEA).
36
(2) (B) If the institution is located in Canada, at the time of the
37
applicant's graduation the institution was a member in good
38
standing with the Association of Universities and Colleges of
39
Canada.
40
(3) (C) If the institution is located in a foreign country other
41
than Canada, at the time of the applicant's graduation the
42
institution:
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1
(A) (i) was recognized by the government of the country
2
where the school was located as a program to train in the
3
practice of addiction counseling; and
4
(B) (ii) maintained a standard of training substantially
5
equivalent to the standards of institutions accredited by a
6
regional accrediting body recognized by the Commission on
7
Recognition of Postsecondary Accreditation.
8
(2) Complete at least one (1) supervised clinical practicum,
9
internship, or field experience in an addiction counseling
10
setting that requires the applicant to provide seven hundred
11
(700) hours of clinical addiction counseling services and that
12
must include the following:
13
(A) Two hundred eighty (280) face to face client contact
14
hours of addiction counseling services under the
15
supervision of a qualified supervisor, as determined by the
16
board.
17
(B) Thirty-five (35) hours of supervision from a qualified
18
supervisor, as determined by the board.
19
However, an applicant who has completed a clinical
20
practicum, an internship, or field experience to obtain another
21
license under this article is not required to complete the
22
clinical addiction counseling services hours required under
23
this subdivision.
24
(b) An applicant under section 2 of this chapter who has a master's
25
or doctor's degree from a program that did not emphasize addiction
26
counseling may complete the course work requirement from an
27
institution that is:
28
(1) accredited by the Council for Accreditation of Counseling and
29
Related Educational Programs;
30
(2) recognized by the National Association of Alcohol and Drug
31
Abuse Counselors;
32
(3) recognized by the International Certification and Reciprocity
33
Consortium;
34
(4) accredited by the Commission on Accreditation of Marriage
35
and Family Therapy Education;
36
(5) accredited by the American Psychological Association's
37
Commission on Accreditation;
38
(6) accredited by the Council on Social Work Education;
39
(7) accredited by the National Addiction Studies Accreditation
40
Commission; or
41
(8) approved by the board as a substantially equivalent program.
42
SECTION 41. IC 25-23.6-10.5-5 IS REPEALED [EFFECTIVE
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26
1
JULY 1, 2025]. Sec. 5. (a) An applicant under section 1 of this chapter
2
must complete the following educational requirements:
3
(1) Course work from an eligible postsecondary educational
4
institution that includes the following content areas:
5
(A) Addictions theory.
6
(B) Psychoactive drugs.
7
(C) Addictions counseling skills.
8
(D) Theories of personality.
9
(E) Developmental psychology.
10
(F) Abnormal psychology.
11
(G) Group work.
12
(H) Cultural competency.
13
(I) Ethics and professional development.
14
(J) Family education.
15
(K) Areas of content as approved by the board.
16
(2) At least one (1) supervised practicum, internship, or field
17
experience in an addiction counseling setting that requires the
18
applicant to provide at least three hundred fifty (350) hours of
19
addiction counseling services.
20
(b) The content areas under subsection (a)(1) may be combined into
21
any one (1) college level course.
22
SECTION 42. IC 25-23.6-10.5-6 IS REPEALED [EFFECTIVE
23
JULY 1, 2025]. Sec. 6. (a) An applicant under section 2 of this chapter
24
must complete the following educational requirements:
25
(1) Graduate course work that must include graduate level course
26
credits with material in at least the following content areas:
27
(A) Addiction counseling theories and techniques.
28
(B) Psychopharmacology.
29
(C) Psychopathology.
30
(D) Clinical appraisal and assessment.
31
(E) Theory and practice of group addiction counseling.
32
(F) Counseling addicted family systems.
33
(G) Multicultural counseling.
34
(H) Research methods in addictions.
35
(I) Areas of content as approved by the board.
36
(2) Graduate course work in the following areas:
37
(A) Legal, ethical, and professional standards issues in the
38
practice of addiction counseling and therapy or an equivalent
39
course approved by the board.
40
(B) Appraisal and assessment for individual or interpersonal
41
disorder or dysfunction.
42
(3) At least one (1) supervised clinical practicum, internship, or
2025
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27
1
field experience in an addiction counseling setting that requires
2
the applicant to provide seven hundred (700) hours of clinical
3
addiction counseling services and that must include the following:
4
(A) Two hundred eighty (280) face to face client contact hours
5
of addiction counseling services under the supervision of a
6
qualified supervisor, as determined by the board.
7
(B) Thirty-five (35) hours of supervision from a qualified
8
supervisor, as determined by the board.
9
However, an applicant who has completed a clinical practicum,
10
an internship, or field experience to obtain another license under
11
this article is not required to complete the clinical addiction
12
counseling services hours required under this subdivision.
13
(4) Any qualifications established by the board under subsection
14
(c).
15
(b) The content areas under subsection (a)(1) may be combined into
16
any one (1) graduate level course.
17
(c) The board shall adopt rules to establish any additional
18
educational or clinical qualifications as specified by the Council for
19
Accreditation of Counseling and Related Educational Programs or a
20
successor organization.
21
SECTION 43. IC 25-23.6-10.5-9, AS AMENDED BY P.L.83-2024,
22
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23
JULY 1, 2025]: Sec. 9. (a) As used in this section, "term" refers to an
24
academic semester, trimester, or quarter.
25
(b) An individual who satisfies the requirements of sections 4 6, and
26
8 of this chapter may take the licensed clinical addiction counselor
27
examination established by the board.
28
(c) An individual who satisfies the requirements of sections 3 5, and
29
7 of this chapter may take the licensed addiction counselor examination
30
established by the board.
31
(d) An individual who:
32
(1) is enrolled in the last term of the last year of a program leading
33
to a degree that meets the requirements of section 1.5(a)(1) of this
34
chapter; and
35
(2) provides a letter of good standing from the director of the
36
addiction counselor department or the director's designee;
37
may take the examination provided by the board for a license as an
38
addiction counselor associate.
39
(e) An individual who:
40
(1) is enrolled in the last term of the last year of a program leading
41
to a degree that meets the requirements of section 2.5(1) of this
42
chapter; and
2025
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28
1
(2) provides a letter of good standing from the director of the
2
addiction counselor department or the director's designee;
3
may take the examination provided by the board for a license as a
4
clinical addiction counselor associate.
5
(f) A letter of good standing provided under subsection (d)(2) or
6
(e)(2) by an individual who applies for a license as an addiction
7
counselor associate or clinical addiction counselor associate must
8
include the following information:
9
(1) The individual's first and last name.
10
(2) The type of degree and program in which the individual is
11
enrolled.
12
(3) A statement confirming that the individual is currently in the
13
final term of the program.
14
(4) The anticipated date of completion of the program.
15
(5) A statement confirming that the individual is in good
16
academic standing.
17
SECTION 44. IC 25-23.6-10.5-11, AS ADDED BY P.L.122-2009,
18
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19
JULY 1, 2025]: Sec. 11. (a) An individual who applies for an addiction
20
counselor license under this article may be exempted by the board from
21
the examination requirement under section 1 of this chapter if the
22
individual:
23
(1) is licensed or certified as an addiction counselor in another
24
state and has passed a licensing examination substantially
25
equivalent to the licensing examination required under this
26
article;
27
(2) has engaged in the practice of addiction counseling for at least
28
three (3) of the previous five (5) years;
29
(3) has passed an examination pertaining to the addiction
30
counseling laws and rules of Indiana; and
31
(4) has not committed any act and is not under investigation for
32
any act that constitutes a violation of this article;
33
and is otherwise qualified under sections 1, 3, 5, and 7 of this chapter.
34
(b) An individual who applies for a clinical addiction counselor
35
license under this article may be exempted by the board from the
36
examination requirement under section 2 of this chapter if the
37
individual:
38
(1) is licensed or certified as a clinical addiction counselor in
39
another state and has passed a licensing examination substantially
40
equivalent to the licensing examination required under this
41
article;
42
(2) has passed an examination pertaining to the addiction therapy
2025
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29
1
laws and rules of Indiana; and
2
(3) has not committed any act and is not under investigation for
3
any act that constitutes a violation of this article;
4
and is otherwise qualified under sections 2, 4, 6, and 8 of this chapter.
5
SECTION 45. IC 25-27.5-5-1, AS AMENDED BY P.L.247-2019,
6
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7
JULY 1, 2025]: Sec. 1. (a) This chapter does not apply to the practice
8
of other health care professionals set forth under IC 25-22.5-1-2(a)(1)
9
through IC 25-22.5-1-2(a)(19). IC 25-22.5-1-2(a)(18).
10
(b) This chapter does not exempt a physician assistant from the
11
requirements of IC 16-41-35-29.
12
SECTION 46. IC 25-27.5-5-2, AS AMENDED BY P.L.247-2019,
13
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14
JULY 1, 2025]: Sec. 2. (a) A physician assistant:
15
(1) must engage in a dependent practice with a collaborating
16
physician; and
17
(2) may not be independent from the collaborating physician,
18
including any of the activities of other health care providers set
19
forth under IC 25-22.5-1-2(a)(1) through IC 25-22.5-1-2(a)(19).
20
IC 25-22.5-1-2(a)(18).
21
A physician assistant may perform, under a collaborative agreement,
22
the duties and responsibilities that are delegated by the collaborating
23
physician and that are within the collaborating physician's scope of
24
practice, including prescribing and dispensing drugs and medical
25
devices. A patient may elect to be seen, examined, and treated by the
26
collaborating physician.
27
(b) If a physician assistant determines that a patient needs to be
28
examined by a physician, the physician assistant shall immediately
29
notify the collaborating physician or physician designee.
30
(c) If a physician assistant notifies the collaborating physician that
31
the physician should examine a patient, the collaborating physician
32
shall:
33
(1) schedule an examination of the patient unless the patient
34
declines; or
35
(2) arrange for another physician to examine the patient.
36
(d) A collaborating physician or physician assistant who does not
37
comply with subsections (b) and (c) is subject to discipline under
38
IC 25-1-9.
39
(e) A physician assistant's collaborative agreement with a
40
collaborating physician must:
41
(1) be in writing;
42
(2) include all the tasks delegated to the physician assistant by the
2025
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30
1
collaborating physician;
2
(3) set forth the collaborative agreement for the physician
3
assistant, including the emergency procedures that the physician
4
assistant must follow; and
5
(4) specify the protocol the physician assistant shall follow in
6
prescribing a drug.
7
(f) The physician shall submit the collaborative agreement to the
8
board. The physician assistant may prescribe a drug under the
9
collaborative agreement unless the board denies the collaborative
10
agreement. Any amendment to the collaborative agreement must be
11
resubmitted to the board, and the physician assistant may operate under
12
any new prescriptive authority under the amended collaborative
13
agreement unless the agreement has been denied by the board.
14
(g) A physician or a physician assistant who violates the
15
collaborative agreement described in this section may be disciplined
16
under IC 25-1-9.
17
SECTION 47. IC 25-34.1-3-2, AS AMENDED BY P.L.45-2016,
18
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19
JULY 1, 2025]: Sec. 2. (a) Except as provided in:
20
(1) subsection (b);
21
(2) section 8(i) of this chapter; and
22
(3) section 11 of this chapter;
23
no person shall, for consideration, sell, buy, trade, exchange, option,
24
lease, rent, manage, list, or appraise real estate or negotiate or offer to
25
perform any of those acts in Indiana or with respect to real estate
26
situated in Indiana, without a license.
27
(b) This article does not apply to:
28
(1) acts of an attorney which constitute the practice of law;
29
(2) performance by a public official of acts authorized by law;
30
(3) acts of a receiver, executor, administrator, commissioner,
31
trustee, or guardian, respecting real estate owned or leased by the
32
person represented, performed pursuant to court order or a will;
33
(4) rental, for periods of less than thirty (30) days, of rooms,
34
lodging, or other accommodations, by any commercial hotel,
35
motel, tourist facility, or similar establishment which regularly
36
furnishes such accommodations for consideration;
37
(5) rental of residential apartment units by an individual
38
employed or supervised by a licensed broker;
39
(6) rental of apartment units which are owned and managed by a
40
person whose only activities regulated by this article are in
41
relation to a maximum of twelve (12) apartment units which are
42
located on a single parcel of real estate or on contiguous parcels
2025
IN 1520—LS 7633/DI 148
31
1
of real estate;
2
(7) referral of real estate business by a broker or referral company
3
which is licensed under the laws of another state, to or from
4
brokers licensed by this state;
5
(8) acts performed by a person in relation to real estate owned by
6
that person unless that person is licensed under this article, in
7
which case the article does apply to that person;
8
(9) acts performed by a regular, full-time, salaried employee of a
9
person in relation to real estate owned or leased by that person
10
unless the employee is licensed under this article, in which case
11
the article does apply to that person;
12
(10) conduct of a sale at public auction by a licensed auctioneer
13
pursuant to IC 25-6.1;
14
(11) (10) sale, lease, or other transfer of interests in cemetery lots;
15
(12) (11) acts of a broker, who is licensed under the laws of
16
another state, which are performed pursuant to, and under
17
restrictions provided by, written permission that is granted by the
18
commission in its sole discretion, except that such a person shall
19
comply with the requirements of section 5(c) of this chapter; and
20
(13) (12) the performance of an evaluation of real property by an
21
employee, an officer, a director, or a member of a credit or loan
22
committee of a financial institution, or by any other person
23
engaged by a financial institution, in a transaction for which the
24
financial institution would not be required to use the services of
25
a state licensed appraiser under regulations adopted under Title
26
XI of the Financial Institutions Reform, Recovery, and
27
Enforcement Act of 1989 (12 U.S.C. 3331 et seq.).
28
SECTION 48. IC 25-34.5-3-7, AS AMENDED BY P.L.11-2023,
29
SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30
JULY 1, 2025]: Sec. 7. This article does not affect the applicability of
31
IC 25-22.5-1-2(a)(20). IC 25-22.5-1-2(a)(19).
32
SECTION 49. IC 25-35.6-1-4, AS AMENDED BY P.L.149-2022,
33
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34
JULY 1, 2025]: Sec. 4. Nothing in this article shall be construed as
35
preventing or restricting the following:
36
(1) A physician or surgeon from engaging in the practice of
37
medicine in this state, or a person under the supervision and
38
control of a physician or surgeon from conducting hearing testing,
39
provided such a person is not called an audiologist.
40
(2) Any hearing aid dealer from:
41
(A) engaging in the testing of hearing and other practices and
42
procedures necessary for the business for which the dealer is
2025
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32
1
registered in this state under IC 25-20-1; and
2
(B) using the title hearing aid specialist or any similar title or
3
description of service.
4
(3) (2) Any person licensed or registered in this state by any other
5
law from engaging in the profession or occupation for which the
6
person is licensed or registered.
7
(4) (3) A person employed as a speech-language pathologist or
8
audiologist by the government of the United States, if such person
9
performs speech-language pathology or audiology services solely
10
within the confines or under the jurisdiction of the governmental
11
organization by which the person is employed. However, such
12
person may, without obtaining a license under this article, consult
13
with or disseminate the person's research findings and other
14
scientific information to speech-language pathologists and
15
audiologists outside the jurisdiction of the organization by which
16
the person is employed. Such person may also offer instruction
17
and lectures to the public without being licensed under this
18
article. Such person may additionally elect to be subject to this
19
article.
20
(5) (4) The activities and services of persons pursuing a course of
21
study leading to a degree in speech-language pathology or
22
audiology at a postsecondary educational institution, if:
23
(A) such activities and services constitute a part of a
24
supervised course of study;
25
(B) such person is designated speech-language pathology or
26
audiology intern, speech-language pathology or audiology
27
trainee, or by other such titles clearly indicating the training
28
status appropriate to the person's level of training; and
29
(C) the person works only under the supervision of a
30
speech-language pathologist or audiologist licensed under this
31
article.
32
(6) (5) The activities and services of persons fulfilling the clinical
33
experience requirement of section 5(2)(B)(ii) or 6(3)(B) of this
34
chapter, if such activities and services constitute a part of the
35
experience required for that section's fulfillment.
36
(7) (6) The performance of pure tone air conduction testing by an
37
industrial audiometric technician, as defined by federal law, who
38
is working in an industrial hearing conservation program directed
39
by a physician or an audiologist.
40
(8) (7) The performance of speech-language pathology or
41
audiology services in this state by any person not a resident of this
42
state who is not licensed under this article, if such services are
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1
performed:
2
(A) under IC 25-35.6-5; or
3
(B) for no more than five (5) days in any calendar year and in
4
cooperation with a speech-language pathologist or audiologist
5
licensed under this article, and if such person meets the
6
qualifications and requirements for application for licensure
7
described in section 5(1) and 5(2) or 6(1) and 6(2) of this
8
chapter.
9
However, a person not a resident of this state who is not licensed
10
under this article or practicing under IC 25-35.6-5, but who is
11
licensed under the law of another state which has established
12
licensure requirements at least equivalent to those established by
13
section 5 or 6 of this chapter or who is the holder of a certificate
14
of clinical competence in speech-language pathology or audiology
15
or its equivalent issued by a nationally recognized association for
16
speech-language or hearing, may offer speech-language pathology
17
or audiology services in this state for no more than one hundred
18
eighty (180) days in any calendar year, if such services are
19
performed in cooperation with a speech-language pathologist or
20
audiologist licensed under this article.
21
SECTION 50. IC 25-35.6-4-1, AS ADDED BY P.L.178-2014,
22
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23
JULY 1, 2025]: Sec. 1. (a) This section does not apply to a prescription
24
or order by a person who:
25
(1) is licensed, certified, registered, or regulated by a board listed
26
in IC 25-1-9-1; and
27
(2) has authority to issue a prescription or order for a hearing aid.
28
(b) A person may not sell, lease, or rent a hearing aid (as defined in
29
IC 25-20-1-1) in Indiana unless the hearing aid has been fitted in
30
person by any of the following:
31
(1) A hearing aid dealer who has been issued a certificate of
32
registration under IC 25-20.
33
(2) an audiologist who is licensed under this article.
34
(c) A person who violates this section commits a Class B infraction.
35
SECTION 51. IC 25-37-1-2 IS AMENDED TO READ AS
36
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. "Transient
37
merchant", when used in this chapter, includes all persons, firms,
38
limited liability companies, and corporations, both as principals and
39
agents, who engage in, do, or transact any temporary or transient
40
business in this state, either in one (1) locality or in traveling from
41
place to place in this state, offering for sale or selling goods, wares, or
42
merchandise, and those who, for the purpose of carrying on such
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1
business, hire, lease, or occupy any permanent or mobile building,
2
structure, or real estate for the exhibition by means of samples,
3
catalogues, photographs, and price lists or sale of such goods, wares,
4
or merchandise. The term does not include: the following:
5
(1) any person, individual, copartner, limited liability company,
6
or corporation which grows the goods, wares, or merchandise that
7
is sold or offered for sale;
8
(2) a person who makes crafts or items by hand and sells them or
9
offers them for sale;
10
(3) an auctioneer who is licensed under IC 25-6.1;
11
(4) (3) a resident of the county in which the sale takes place who
12
conducts a sale of tangible personal property for no more than
13
four (4) days per calendar year;
14
(5) (4) an organization that is exempt from the Indiana gross retail
15
tax under IC 6-2.5-5-26;
16
(6) (5) a person who:
17
(A) sells merchandise;
18
(B) offers to sell merchandise; and
19
(C) provides proof that the sale is being conducted as part of
20
an activity sponsored by an organization described in
21
subdivision (5) (4);
22
(7) (6) a person who:
23
(A) organizes;
24
(B) sells merchandise at;
25
(C) offers to sell merchandise at; or
26
(D) exhibits at;
27
a trade show or convention; or
28
(8) (7) except as provided in section 15 of this chapter, a person
29
who holds a registered retail merchant's certificate under
30
IC 6-2.5-8.
31
SECTION 52. IC 32-29-7-1 IS REPEALED [EFFECTIVE JULY 1,
32
2025]. Sec. 1. As used in this chapter, "auctioneer" means an
33
auctioneer licensed under IC 25-6.1.
34
SECTION 53. IC 32-30-10-1 IS REPEALED [EFFECTIVE JULY
35
1, 2025]. Sec. 1. As used in this chapter, "auctioneer" means an
36
auctioneer licensed under IC 25-6.1.
37
SECTION 54. IC 34-6-2-13 IS REPEALED [EFFECTIVE JULY 1,
38
2025]. Sec. 13. "Auctioneer", for purposes of IC 34-55-6, means an
39
auctioneer licensed under IC 25-6.1.
40
SECTION 55. IC 35-52-25-5 IS REPEALED [EFFECTIVE JULY
41
1, 2025]. Sec. 5. IC 25-6.1-7-1 defines a crime concerning auctioneers
42
and auctions.
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1
SECTION 56. IC 35-52-25-6 IS REPEALED [EFFECTIVE JULY
2
1, 2025]. Sec. 6. IC 25-6.1-7-2 defines a crime concerning auctioneers
3
and auctions.
4
SECTION 57. IC 35-52-25-19 IS REPEALED [EFFECTIVE JULY
5
1, 2025]. Sec. 19. IC 25-20-1-21 defines a crime concerning hearing
6
aid dealers.
7
SECTION 58. IC 36-1-11-4, AS AMENDED BY P.L.251-2015,
8
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9
JULY 1, 2025]: Sec. 4. (a) A disposing agent who wants to sell or
10
transfer real property must comply with this section, except as
11
permitted by section 4.1, 4.2, 5, 5.5, 5.7, 5.9, 8, 14, 15, or 18 of this
12
chapter.
13
(b) The disposing agent shall first have the property appraised by
14
two (2) appraisers. The appraisers must be:
15
(1) professionally engaged in making appraisals;
16
(2) licensed under IC 25-34.1; or
17
(3) employees of the political subdivision familiar with the value
18
of the property.
19
(c) After the property is appraised, the disposing agent shall
20
determine a minimum bid for the property based on the appraisals and
21
the disposing agent's knowledge of the property, publish a notice in
22
accordance with IC 5-3-1 setting forth the terms and conditions of the
23
sale, including the minimum bid, and, when subsection (e) is
24
employed, may engage an auctioneer licensed under IC 25-6.1 to
25
advertise the sale and to conduct a public auction. The advertising
26
conducted by the auctioneer is in addition to any other notice required
27
by law and shall include a detailed description of the property to be
28
sold stating the key numbers, if any, of the tracts within that property.
29
If the disposing agent determines that the best sale of the property can
30
be made by letting the bidders determine certain conditions of the sale
31
(such as required zoning or soil or drainage conditions) as a
32
prerequisite to purchasing the property, the disposing agent may permit
33
the bidders to specify those conditions. The notice must state the
34
following:
35
(1) Bids will be received beginning on a specific date.
36
(2) The sale will continue from day to day for a period determined
37
by the disposing agent of not more than sixty (60) days.
38
(3) The property may not be sold to a person who is ineligible
39
under section 16 of this chapter.
40
(4) A bid submitted by a trust (as defined in IC 30-4-1-1(a)) must
41
identify each:
42
(A) beneficiary of the trust; and
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36
1
(B) settlor empowered to revoke or modify the trust.
2
(d) A bid must be open to public inspection. A bidder may raise the
3
bidder's bid, and subject to subsection (e), that raise takes effect after
4
the board has given written notice of that raise to the other bidders.
5
(e) The disposing agent may also engage an auctioneer licensed
6
under IC 25-6.1 to conduct a sale by public auction. The auction may
7
be conducted either at the time for beginning the sale in accordance
8
with the public notice or after the beginning of the sale. The disposing
9
agent shall give each bidder who has submitted a bid written notice of
10
the time and place of the auction.
11
(f) The disposing agent may, before expiration of the time set out in
12
the notice, sell the property to the highest and best bidder. The highest
13
and best bidder must have complied with any requirement under
14
subsection (c)(4). The disposing agent may reject all bids. If the
15
disposing agent rejects all bids, the disposing agent must make a
16
written determination to reject all bids explaining why all bids were
17
rejected.
18
(g) If the disposing agent determines that, in the exercise of good
19
business judgment, the disposing agent should hire a broker or
20
auctioneer to sell the property, the disposing agent may do so and pay
21
the broker or auctioneer a reasonable compensation out of the gross
22
proceeds of the sale. A disposing agent may hire a broker to sell real
23
property directly rather than using the bid process under subsections (c)
24
through (f) if:
25
(1) in the case of a political subdivision other than a school
26
corporation:
27
(A) the disposing agent publishes a notice of the determination
28
to hire the broker in accordance with IC 5-3-1; and
29
(B) the property has been up for bid for at least sixty (60) days
30
before the broker is hired, and either no bids were received or
31
the disposing agent has rejected all bids that were received; or
32
(2) in the case of a school corporation, the disposing agent
33
publishes a notice of the determination to hire the broker in
34
accordance with IC 5-3-1.
35
The disposing agent may hire one (1) of the appraisers as the broker or
36
auctioneer.
37
(h) The following apply if a broker is hired under subsection (g):
38
(1) The property may not be sold to a person who is ineligible
39
under section 16 of this chapter.
40
(2) If the property is sold to a trust (as defined in IC 30-4-1-1(a)),
41
the following information must be placed in the public record
42
relating to the sale:
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1
(A) Each beneficiary of the trust.
2
(B) Each settlor empowered to revoke or modify the trust.
3
(i) A disposing agent may conduct a public auction under this
4
section solely by electronic means, referred to in this subsection as an
5
electronic sale. A disposing agent that elects to conduct an electronic
6
sale may receive electronic payments and establish policies necessary
7
to secure the payments in a timely fashion. The disposing agent may
8
not charge an additional fee for conducting an electronic sale. If a
9
disposing agent chooses to conduct a public auction as an electronic
10
sale, the notice required by subsection (c) must include a statement
11
declaring this fact.
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