Text of IN SB 350 (2023)

Introduced Version SENATE BILL No. 350 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 25-23.6-2-8.5. Synopsis: Behavioral health and human services licensing. Specifies that a political subdivision may not regulate the performance of behavioral health and human services by a person who is: (1) licensed or certified by the state; or (2) exempted from licensure or certification by the state. Effective: Upon passage. Raatz January 12, 2023, read first time and referred to Committee on Local Government. 2023 IN 350—LS 6347/DI 87 Introduced First Regular Session of the 123rd General Assembly (2023) 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 2022 Regular Session of the General Assembly. SENATE BILL No. 350 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 25-23.6-2-8.5 IS ADDED TO THE INDIANA 2 CODE AS A NEW SECTION TO READ AS FOLLOWS 3 [EFFECTIVE UPON PASSAGE]: Sec. 8.5. (a) As used in this section, 4 "services" means behavioral health and human services, the 5 performance of which is: 6 (1) subject to licensing or certification by the board under this 7 article, including: 8 (A) marriage and family therapy services under 9 IC 25-23.6-3 and IC 25-23.6-8; 10 (B) social work or clinical social work services under 11 IC 25-23.6-4 and IC 25-23.6-5; 12 (C) mental health counseling services under IC 25-23.6-4.5 13 and IC 25-23.6-8.5; and 14 (D) addiction counselor or clinical addiction counselor 15 services under IC 25-23.6-10.1 and IC 25-23.6-10.5; or 16 (2) exempt from licensing or certification by the board under 17 this article, including: 2023 IN 350—LS 6347/DI 87 2 1 (A) marriage and family therapy services under 2 IC 25-23.6-3-2; 3 (B) social work or clinical social work services under 4 IC 25-23.6-4-2; 5 (C) mental health counseling services under 6 IC 25-23.6-4.5-2; and 7 (D) addiction counselor or clinical addiction counselor 8 services under IC 25-23.6-10.1-2. 9 (b) A political subdivision (as defined in IC 6-1.1-1-12) may not 10 regulate the performance of services by a person. 11 SECTION 2. An emergency is declared for this act. 2023 IN 350—LS 6347/DI 87

First Regular Session of the 123rd General Assembly (2023) 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 2022 Regular Session of the General Assembly. SENATE ENROLLED ACT No. 350 AN ACT to amend the Indiana Code concerning professions and occupations. Be it enacted by the General Assembly of the State of Indiana: SECTION 1. IC 25-23.6-2-8.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8.5. Unless otherwise provided by law, a unit (as defined in IC 36-1-2-23) may not regulate behavioral health and human services that are: (1) subject to licensing or certification by the board under this article, including: (A) marriage and family therapy services under IC 25-23.6-3 and IC 25-23.6-8; (B) social work or clinical social work services under IC 25-23.6-4 and IC 25-23.6-5; (C) mental health counseling services under IC 25-23.6-4.5 and IC 25-23.6-8.5; and (D) addiction counselor or clinical addiction counselor services under IC 25-23.6-10.1 and IC 25-23.6-10.5; or (2) exempt from licensing or certification by the board under this article, including: (A) marriage and family therapy services under IC 25-23.6-3-2; (B) social work or clinical social work services under IC 25-23.6-4-2; SEA 350 — Concur 2 (C) mental health counseling services under IC 25-23.6-4.5-2; and (D) addiction counselor or clinical addiction counselor services under IC 25-23.6-10.1-2. SECTION 2. An emergency is declared for this act. SEA 350 — Concur President of the Senate President Pro Tempore Speaker of the House of Representatives Governor of the State of Indiana Date: Time: SEA 350 — Concur