CHAPTER 5. PROFESSIONAL LICENSING AGENCY
IC 25-1-5
Chapter 5. Professional Licensing Agency
IC 25-1-5-1
Centralization of staff, functions, and services; purpose
Sec. 1. The centralization of staff, functions, and services
contemplated by this chapter shall be done in such a way as to
enhance the Indiana professional licensing agency's ability to:
(1) make maximum use of data processing as a means of more
efficient operation; and
(2) provide more services and carry out functions of superior
quality.
As added by Acts 1981, P.L.222, SEC.2. Amended by P.L.169-1985,
SEC.23; P.L.206-2005, SEC.1.
IC 25-1-5-2
Definitions
Sec. 2. As used in this chapter:
(1) "Agency" means the Indiana professional licensing agency
established by section 3 of this chapter.
(2) "Board" means any agency, board, advisory committee, or
group included in section 3 of this chapter.
As added by Acts 1981, P.L.222, SEC.2. Amended by P.L.206-2005,
SEC.2.
IC 25-1-5-3
Indiana professional licensing agency; functions; duties and
responsibilities
Sec. 3. (a) There is established the Indiana professional licensing
agency. The agency shall perform all administrative functions,
duties, and responsibilities assigned by law or rule to the executive
director, secretary, or other statutory administrator of the following:
(1) Board of chiropractic examiners (IC 25-10-1).
(2) State board of dentistry (IC 25-14-1).
(3) Indiana state board of health facility administrators (IC
25-19-1).
(4) Medical licensing board of Indiana (IC 25-22.5-2).
(5) Indiana state board of nursing (IC 25-23-1).
(6) Indiana optometry board (IC 25-24).
(7) Indiana board of pharmacy (IC 25-26).
(8) Board of podiatric medicine (IC 25-29-2-1).
(9) Speech-language pathology and audiology board (IC
25-35.6-2).
(10) State psychology board (IC 25-33).
(11) Indiana board of veterinary medical examiners (IC
25-38.1-2).
(12) Committee of hearing aid dealer examiners (IC 25-20).
(13) Indiana physical therapy committee (IC 25-27).
(14) Respiratory care committee (IC 25-34.5).
(15) Occupational therapy committee (IC 25-23.5).
(16) Behavioral health and human services licensing board (IC
25-23.6).
(17) Physician assistant committee (IC 25-27.5).
(18) Indiana athletic trainers board (IC 25-5.1-2-1).
(19) Indiana dietitians certification board (IC 25-14.5-2-1).
(b) Nothing in this chapter may be construed to give the agency
policy making authority, which authority remains with each board.
As added by Acts 1981, P.L.222, SEC.2. Amended by Acts 1982,
P.L.113, SEC.8; P.L.137-1985, SEC.6; P.L.169-1985, SEC.24;
P.L.149-1987, SEC.18; P.L.242-1989, SEC.5; P.L.238-1989, SEC.5;
P.L.186-1990, SEC.3; P.L.48-1991, SEC.13; P.L.227-1993, SEC.4;
P.L.213-1993, SEC.1; P.L.33-1993, SEC.10; P.L.124-1994, SEC.3;
P.L.175-1997, SEC.4; P.L.147-1997, SEC.7; P.L.84-1998, SEC.2;
P.L.24-1999, SEC.3; P.L.206-2005, SEC.3; P.L.2-2008, SEC.57;
P.L.122-2009, SEC.3; P.L.84-2010, SEC.9.
IC 25-1-5-4
Additional duties and functions; staff
Sec. 4. (a) The agency shall employ necessary staff, including
specialists and professionals, to carry out the administrative duties
and functions of the boards, including but not limited to:
(1) notice of board meetings and other communication services;
(2) recordkeeping of board meetings, proceedings, and actions;
(3) recordkeeping of all persons licensed, regulated, or certified
by a board;
(4) administration of examinations; and
(5) administration of license or certificate issuance or renewal.
(b) In addition, the agency:
(1) shall prepare a consolidated statement of the budget requests
of all the boards in section 3 of this chapter;
(2) may coordinate licensing or certification renewal cycles,
examination schedules, or other routine activities to efficiently
utilize agency staff, facilities, and transportation resources, and
to improve accessibility of board functions to the public;
(3) may consolidate, where feasible, office space,
recordkeeping, and data processing services; and
(4) shall operate and maintain the electronic registry of
professions established under IC 25-1-5.5.
(c) In administering the renewal of licenses or certificates under
this chapter, the agency shall send a notice of the upcoming
expiration of a license or certificate to each holder of a license or
certificate at least sixty (60) days before the expiration of the license
or certificate. The notice must inform the holder of the license or
certificate of the need to renew and the requirement of payment of
the renewal fee. If this notice of expiration is not sent by the agency,
the holder of the license or certificate is not subject to a sanction for
failure to renew if, once notice is received from the agency, the
license or certificate is renewed within forty-five (45) days after
receipt of the notice.
(d) In administering an examination for licensure or certification,
the agency shall make the appropriate application forms available at
least thirty (30) days before the deadline for submitting an
application to all persons wishing to take the examination.
(e) The agency may require an applicant for license renewal to
submit evidence proving that:
(1) the applicant continues to meet the minimum requirements
for licensure; and
(2) the applicant is not in violation of:
(A) the statute regulating the applicant's profession; or
(B) rules adopted by the board regulating the applicant's
profession.
(f) The agency shall process an application for renewal of a
license or certificate:
(1) not later than ten (10) days after the agency receives all
required forms and evidence; or
(2) within twenty-four (24) hours after the time that an
applicant for renewal appears in person at the agency with all
required forms and evidence.
This subsection does not require the agency to issue a renewal
license or certificate to an applicant if subsection (g) applies.
(g) The agency may delay issuing a license renewal for up to
ninety (90) days after the renewal date for the purpose of permitting
the board to investigate information received by the agency that the
applicant for renewal may have committed an act for which the
applicant may be disciplined. If the agency delays issuing a license
renewal, the agency shall notify the applicant that the applicant is
being investigated. Except as provided in subsection (h), before the
end of the ninety (90) day period, the board shall do one (1) of the
following:
(1) Deny the license renewal following a personal appearance
by the applicant before the board.
(2) Issue the license renewal upon satisfaction of all other
conditions for renewal.
(3) Issue the license renewal and file a complaint under
IC 25-1-7.
(4) Request the office of the attorney general to conduct an
investigation under subsection (i) if, following a personal
appearance by the applicant before the board, the board has
good cause to believe that there has been a violation of
IC 25-1-9-4 by the applicant.
(5) Upon agreement of the applicant and the board and
following a personal appearance by the applicant before the
board, renew the license and place the applicant on probation
status under IC 25-1-9-9.
(h) If an individual fails to appear before the board under
subsection (g), the board may take action on the applicant's license
allowed under subsection (g)(1), (g)(2), or (g)(3).
(i) If the board makes a request under subsection (g)(4), the office
of the attorney general shall conduct an investigation. Upon
completion of the investigation, the office of the attorney general
may file a petition alleging that the applicant has engaged in activity
described in IC 25-1-9-4. If the office of the attorney general files a
petition, the board shall set the matter for a hearing. If, after the
hearing, the board finds the practitioner violated IC 25-1-9-4, the
board may impose sanctions under IC 25-1-9-9. The board may delay
issuing the renewal beyond the ninety (90) days after the renewal
date until a final determination is made by the board. The applicant's
license remains valid until the final determination of the board is
rendered unless the renewal is denied or the license is summarily
suspended under IC 25-1-9-10.
(j) The license of the applicant for a license renewal remains valid
during the ninety (90) day period unless the license renewal is denied
following a personal appearance by the applicant before the board
before the end of the ninety (90) day period. If the ninety (90) day
period expires without action by the board, the license shall be
automatically renewed at the end of the ninety (90) day period.
(k) Notwithstanding any other statute, the agency may stagger
license or certificate renewal cycles. However, if a renewal cycle for
a specific board or committee is changed, the agency must obtain the
approval of the affected board or committee.
(l) An application for a license, certificate, registration, or permit
is abandoned without an action of the board, if the applicant does not
complete the requirements to complete the application within one (1)
year after the date on which the application was filed. However, the
board may, for good cause shown, extend the validity of the
application for additional thirty (30) day periods. An application
submitted after the abandonment of an application is considered a
new application.
As added by Acts 1981, P.L.222, SEC.2. Amended by P.L.169-1985,
SEC.25; P.L.149-1987, SEC.19; P.L.22-1999, SEC.1; P.L.44-2000,
SEC.1; P.L.75-2002, SEC.1; P.L.206-2005, SEC.4; P.L.177-2009,
SEC.14.
IC 25-1-5-5
Executive director
Sec. 5. (a) The agency shall be administered by an executive
director appointed by the governor who shall serve at the will and
pleasure of the governor.
(b) The executive director must be qualified by experience and
training.
(c) The term "executive director" or "secretary", or any other
statutory term for the administrative officer of a board listed in
section 3 of this chapter, means the executive director of the agency
or the executive director's designee.
(d) The executive director is the chief fiscal officer of the agency
and is responsible for hiring of all staff, and for procurement of all
services and supplies in accordance with IC 5-22. The executive
director and the employees of the agency are subject to IC 4-15-1.8
but are not under IC 4-15-2. The executive director may appoint not
to exceed three (3) deputy directors, who must be qualified to work
for the boards which are served by the agency.
(e) The executive director shall execute a bond payable to the
state, with surety to consist of a surety or guaranty corporation
qualified to do business in Indiana, in an amount fixed by the state
board of accounts, conditioned upon the faithful performance of
duties and the accounting for all money and property that come into
the executive director's hands or under the executive director's
control. The executive director may likewise cause any employee of
the agency to execute a bond if that employee receives, disburses, or
in any way handles funds or property of the agency. The costs of any
such bonds shall be paid from funds available to the agency.
(f) The executive director may present to the general assembly
legislative recommendations regarding operations of the agency and
the boards it serves, including adoption of four (4) year license or
certificate renewal cycles wherever feasible.
(g) The executive director may execute orders, subpoenas,
continuances, and other legal documents on behalf of a board or
committee when requested to do so by the board or committee.
(h) The executive director or the executive director's designee
may, upon request of a board or committee, provide advice and
technical assistance on issues that may be presented to the boards or
committees.
As added by Acts 1981, P.L.222, SEC.2. Amended by Acts 1982,
P.L.113, SEC.9; P.L.169-1985, SEC.26; P.L.149-1987, SEC.20;
P.L.48-1991, SEC.14; P.L.49-1997, SEC.63; P.L.206-2005, SEC.5.
IC 25-1-5-6
Executive director; representatives; staff placement
Sec. 6. (a) The executive director may designate certain
employees of the agency to represent the executive director of the
agency at the board meetings, proceedings, or other activities of the
board.
(b) The executive director shall assign staff to individual boards
and shall work with the boards to ensure efficient utilization and
placement of staff.
As added by Acts 1981, P.L.222, SEC.2. Amended by P.L.169-1985,
SEC.27; P.L.206-2005, SEC.6.
IC 25-1-5-7
Repealed
(Repealed by P.L.186-1990, SEC.17.)
IC 25-1-5-8
Repealed
(Repealed by P.L.206-2005, SEC.15.)
IC 25-1-5-9
Submission of certified document as proof of required diploma
Sec. 9. If a board or committee requires an applicant for a
certificate or license to submit a certified copy of a diploma showing
that the applicant graduated from a school or program as a condition
for certification or licensure, the applicant may satisfy this
requirement by submitting another certified document that shows
that the applicant graduated from or received the required diploma
from the applicable school or program.
As added by P.L.177-1996, SEC.1.
IC 25-1-5-10
Provider profiles
Sec. 10. (a) As used in this section, "provider" means an
individual licensed, certified, registered, or permitted by any of the
following:
(1) Board of chiropractic examiners (IC 25-10-1).
(2) State board of dentistry (IC 25-14-1).
(3) Indiana state board of health facility administrators (IC
25-19-1).
(4) Medical licensing board of Indiana (IC 25-22.5-2).
(5) Indiana state board of nursing (IC 25-23-1).
(6) Indiana optometry board (IC 25-24).
(7) Indiana board of pharmacy (IC 25-26).
(8) Board of podiatric medicine (IC 25-29-2-1).
(9) Speech-language pathology and audiology board (IC
25-35.6-2).
(10) State psychology board (IC 25-33).
(11) Indiana board of veterinary medical examiners (IC
25-38.1-2).
(12) Indiana physical therapy committee (IC 25-27).
(13) Respiratory care committee (IC 25-34.5).
(14) Occupational therapy committee (IC 25-23.5).
(15) Behavioral health and human services licensing board (IC
25-23.6).
(16) Physician assistant committee (IC 25-27.5).
(17) Indiana athletic trainers board (IC 25-5.1-2-1).
(18) Indiana dietitians certification board (IC 25-14.5-2-1).
(b) The agency shall create and maintain a provider profile for
each provider described in subsection (a).
(c) A provider profile must contain the following information:
(1) The provider's name.
(2) The provider's license, certification, registration, or permit
number.
(3) The provider's license, certification, registration, or permit
type.
(4) The date the provider's license, certification, registration, or
permit was issued.
(5) The date the provider's license, certification, registration, or
permit expires.
(6) The current status of the provider's license, certification,
registration, or permit.
(7) The provider's city and state of record.
(8) A statement of any disciplinary action taken against the
provider within the previous ten (10) years by a board or
committee described in subsection (a).
(d) The agency shall make provider profiles available to the
public.
(e) The computer gateway administered by the office of
technology established by IC 4-13.1-2-1 shall make the information
described in subsection (c)(1), (c)(2), (c)(3), (c)(6), (c)(7), and (c)(8)
generally available to the public on the Internet.
(f) The agency may adopt rules under IC 4-22-2 to implement this
section.
As added by P.L.211-2001, SEC.1. Amended by P.L.177-2005,
SEC.45; P.L.206-2005, SEC.7; P.L.2-2008, SEC.58; P.L.122-2009,
SEC.4; P.L.84-2010, SEC.10.
IC 25-1-5-11
Provision of Social Security number; access to numbers
Sec. 11. (a) An individual who applies for a license issued by a
board under this chapter or who holds a license issued by a board
under this chapter shall provide the individual's Social Security
number to the agency.
(b) The agency and the boards shall collect and release the
applicant's or licensee's Social Security number as provided in state
or federal law.
(c) Notwithstanding IC 4-1-10-3, the agency and the boards may
allow access to the Social Security number of each person who is
licensed under this chapter or has applied for a license under this
chapter to:
(1) a testing service that provides the examination for licensure
to the agency or the boards; or
(2) an individual state regulatory board or an organization
composed of state regulatory boards for the applicant's or
licensee's profession for the purpose of coordinating licensure
and disciplinary activities among the individual states.
As added by P.L.157-2006, SEC.18.