Indiana § 25-1-1-4 - Repealed

§ 25-1-1-4. Repealed

Formerly: Acts 1931, c.124, s.5. Repealed by Acts 1978, P.L.2, SEC.2570.

IC 25-1-1.1Chapter 1.1. Effect of Criminal Convictions on Licensed or Registered Persons

25-1-1.1-0.5"Board" 25-1-1.1-0.7"Conviction of concern" 25-1-1.1-1Denial, revocation, or suspension of license or certificate of registration; conviction of crime 25-1-1.1-2Suspension, denial, or revocation of a license or certificate for specified convictions 25-1-1.1-3Suspension or revocation of license or certificate; conviction for additional drug related offenses 25-1-1.1-4National criminal history background check for certain licenses and certificates; release of background results; random audit 25-1-1.1-5Memorandum of understanding for data exchange; use of personal information 25-1-1.1-6Explicit list of disqualifying crimes required; use of conviction; criteria for evaluating applicant's criminal history; petition to determine whether criminal conviction disqualifying

IC 25-1-1.1-0.5"Board" Sec. 0.5. As used in this chapter, "board" has the meaning set forth in IC 25-0.5-10-1.

As added by P.L.177-2015, SEC.3.

IC 25-1-1.1-0.7"Conviction of concern" Sec. 0.7. As used in this chapter, "conviction of concern" means a criminal conviction directly related to the duties and responsibilities of the occupation or profession for which the individual is applying or holds a license or certification as set by the board.

As added by P.L.90-2019, SEC.11.

IC 25-1-1.1-1Denial, revocation, or suspension of license or certificate of registration; conviction of crime Sec. 1. (a) Except as provided under sections 2 through 5 of this chapter, a license or certificate of registration that an individual is required by law to hold to engage in a business, profession, or occupation may not be denied, revoked, or suspended because the applicant or holder has been convicted of an offense. The acts from which the applicant's or holder's conviction resulted may, however, be considered as to whether the applicant or holder should be entrusted to serve the public in a specific capacity.

(b) An individual licensed or certified under this title shall, not later than ninety (90) days after the entry of an order or judgment, notify the board in writing of any misdemeanor or felony criminal conviction, except traffic related misdemeanors other than operating a motor vehicle under the influence of a drug or alcohol. A certified copy of the order or judgment with a letter of explanation must be submitted to the board along with the written notice.

Formerly: Acts 1973, P.L.249, SEC.1. As amended by Acts 1978, P.L.2, SEC.2502; P.L.67-1990, SEC.6; P.L.155-2011, SEC.5; P.L.177-2015, SEC.4.

IC 25-1-1.1-2Suspension, denial, or revocation of a license or certificate for specified convictions Sec. 2. Notwithstanding IC 25-1-7, a board, a commission, or a committee may suspend, deny, or revoke a license or certificate issued under this title by the board, the commission, or the committee without an investigation by the office of the attorney general if the individual who holds the license or certificate is convicted of any of the following and the board, commission, or committee determines, after the individual has appeared in person, that the offense affects the individual's ability to perform the duties of the profession:

(1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.

(2) Possession of methamphetamine under IC 35-48-4-6.1.

(3) Possession of a controlled substance under IC 35-48-4-7(a).

(4) Fraudulently obtaining a controlled substance under IC 35-48-4-7(c).

(5) Manufacture of paraphernalia as a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) under IC 35-48-4-8.1(c).

(6) Dealing in paraphernalia as a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) under IC 35-48-4-8.5(b).

(7) Possession of paraphernalia as a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) under IC 35-48-4-8.3(b) (before its amendment on July 1, 2015).

(8) Possession of marijuana, hash oil, hashish, or salvia as a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) under IC 35-48-4-11.

(9) A felony offense under IC 35-48-4 involving possession of a synthetic drug (as defined in IC 35-31.5-2-321), possession of a controlled substance analog (as defined in IC 35-48-1.1-8), or possession of a synthetic drug lookalike substance (as defined in IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) as a:

(A) Class D felony for a crime committed before July 1, 2014; or

(B) Level 6 felony for a crime committed after June 30, 2014;

under IC 35-48-4-11.5 (before its repeal on July 1, 2019).

(10) Maintaining a common nuisance under IC 35-48-4-13 (repealed) or IC 35-45-1-5, if the common nuisance involves a controlled substance.

(11) An offense relating to registration, labeling, and prescription forms under IC 35-48-4-14.

(12) A sex crime under IC 35-42-4.

(13) A felony that reflects adversely on the individual's fitness to hold a professional license.

As added by P.L.67-1990, SEC.7. Amended by P.L.1-1991, SEC.162; P.L.17-2001, SEC.5; P.L.151-2006, SEC.10; P.L.138-2011, SEC.6; P.L.182-2011, SEC.6; P.L.155-2011, SEC.6; P.L.6-2012, SEC.168; P.L.78-2012, SEC.7; P.L.196-2013, SEC.9; P.L.158-2013, SEC.277; P.L.168-2014, SEC.36; P.L.59-2016, SEC.6; P.L.85-2017, SEC.98; P.L.80-2019, SEC.9; P.L.142-2020, SEC.25; P.L.53-2025, SEC.3; P.L.186-2025, SEC.134.

IC 25-1-1.1-3Suspension or revocation of license or certificate; conviction for additional drug related offenses Sec. 3. A board, a commission, or a committee shall revoke or suspend a license or certificate issued under this title by the board, the commission, or the committee if the individual who holds the license or certificate is convicted of any of the following:

(1) Dealing in a controlled substance resulting in death under IC 35-42-1-1.5.

(2) Dealing in or manufacturing cocaine or a narcotic drug under IC 35-48-4-1.

(3) Dealing in methamphetamine under IC 35-48-4-1.1.

(4) Manufacturing methamphetamine under IC 35-48-4-1.2.

(5) Dealing in a schedule I, II, or III controlled substance under IC 35-48-4-2.

(6) Dealing in a schedule IV controlled substance under IC 35-48-4-3.

(7) Dealing in a schedule V controlled substance under IC 35-48-4-4.

(8) Dealing in a substance represented to be a controlled substance under IC 35-48-4-4.5 (before its repeal on July 1, 2019).

(9) Knowingly or intentionally manufacturing, advertising, distributing, or possessing with intent to manufacture, advertise, or distribute a substance represented to be a controlled substance under IC 35-48-4-4.6.

(10) Dealing in a counterfeit substance under IC 35-48-4-5.

(11) Dealing in marijuana, hash oil, hashish, or salvia as a felony under IC 35-48-4-10.

(12) An offense under IC 35-48-4 involving the manufacture or sale of a synthetic drug (as defined in IC 35-31.5-2-321), a synthetic drug lookalike substance (as defined in IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled substance analog (as defined in IC 35-48-1.1-8), or a substance represented to be a controlled substance (as described in IC 35-48-4-4.6).

(13) A violation of any federal or state drug law or rule related to wholesale legend drug distributors licensed under IC 25-26-14.

As added by P.L.67-1990, SEC.8. Amended by P.L.182-1991, SEC.1; P.L.17-2001, SEC.6; P.L.1-2002, SEC.94; P.L.151-2006, SEC.11; P.L.138-2011, SEC.7; P.L.182-2011, SEC.7; P.L.78-2012, SEC.8; P.L.196-2013, SEC.10; P.L.238-2015, SEC.6; P.L.252-2017, SEC.4; P.L.198-2018, SEC.4; P.L.80-2019, SEC.10; P.L.142-2020, SEC.26; P.L.186-2025, SEC.135.

IC 25-1-1.1-4National criminal history background check for certain licenses and certificates; release of background results; random audit Sec. 4. (a) This section applies to an individual who is applying for, or will be applying for an initial:

(1) license;

(2) certificate;

(3) registration; or

(4) permit;

under one (1) of the occupations or professions described in IC 25-0.5-1.

(b) As used in this chapter, "national criminal history background check" means the criminal history record system maintained by the Federal Bureau of Investigation based on fingerprint identification or any other method of positive identification.

(c) An individual applying for an initial:

(1) license;

(2) certificate;

(3) registration; or

(4) permit;

specified in subsection (a) shall submit to a state and national criminal history background check at the cost of the individual.

(d) The state police department shall release the results of a national criminal history background check conducted under this section:

(1) to the Indiana professional licensing agency; or

(2) for a license, certificate, registration, or permit issued under IC 25-38.1, to the following:

(A) The chief administrative officer of the board of veterinary medicine.

(B) An employee of the board of animal health authorized to perform activities to carry out the purpose of the board of veterinary medicine under IC 15-17.5-3-2.

(e) A board, a commission, or a committee may conduct a random audit and require an individual seeking a renewal of a license, certificate, registration, or permit specified in subsection (a) to submit to a national criminal history background check at the cost of the individual.

As added by P.L.155-2011, SEC.7. Amended by P.L.28-2012, SEC.23; P.L.232-2013, SEC.9; P.L.3-2014, SEC.6; P.L.15-2024, SEC.1; P.L.62-2025, SEC.2.

IC 25-1-1.1-5Memorandum of understanding for data exchange; use of personal information Sec. 5. (a) As used in this section, "licensee" refers to an individual who is licensed or certified in a profession set forth in section 4 of this chapter.

(b) As used in this section, "personal information" means information that identifies an individual, including the following:

(1) Photograph.

(2) Social Security number.

(3) Driver's license number or identification card number.

(4) Name.

(5) Address.

(6) Telephone number.

(7) Fingerprints.

(c) The state police department and the Indiana professional licensing agency shall enter into a memorandum of understanding to provide data exchange and data matching regarding licensees who are charged with or convicted of an offense.

(d) The state police department and the Indiana board of veterinary medicine established by IC 25-38.1-2-1 shall enter into a memorandum of understanding to provide data exchange and data matching regarding licensees who are charged with or convicted of an offense.

(e) Personal information data exchanged under subsection (c) shall be kept confidential and may be used only for the purposes of a government agency, including the following:

(1) A prosecuting attorney.

(2) The Indiana professional licensing agency or a board, committee, or commission administered by the Indiana professional licensing agency.

(3) A court.

(4) A law enforcement agency.

(5) The office of the attorney general.

(6) The Indiana board of veterinary medicine established by IC 25-38.1-2-1.

As added by P.L.155-2011, SEC.8. Amended by P.L.15-2024, SEC.2.

IC 25-1-1.1-6Explicit list of disqualifying crimes required; use of conviction; criteria for evaluating applicant's criminal history; petition to determine whether criminal conviction disqualifying Sec. 6. (a) This section applies to a license or certificate under this title that is in effect on July 1, 2018, or created on or established after that date.

(b) As used in this section, "crime" has the meaning set forth in IC 33-23-1-4.

(c) As used in this section, "criminal history information" has the meaning set forth in IC 5-2-4-1.

(d) Not later than November 1, 2018, a board, commission, or committee shall revise its licensing or certification requirements to the extent necessary to explicitly list the crimes that may disqualify an individual from receiving a license or certificate under this title. The board, commission, or committee may not:

(1) use nonspecific terms, such as moral turpitude or good character, as a licensing or certification requirement; or

(2) consider an arrest that does not result in a conviction.

(e) A board's, commission's, or committee's use of an individual's conviction of a crime as a conviction of concern is limited to a crime directly related to the duties and responsibilities of the occupation or profession for which the individual is applying for or holds a license or certification.

(f) If an individual has a conviction of concern, the period of disqualification may not exceed five (5) years after the date of the conviction, unless the individual:

(1) was convicted of a crime of violence (as defined by IC 35-31.5-2-79);

(2) was convicted of an offense relating to a criminal sexual act (as defined by IC 35-31.5-2-216); or

(3) is convicted of a second or subsequent crime during the disqualification period.

(g) An individual having a conviction of concern may at any time petition a board, commission, or committee requiring a license or certificate for a determination as to whether the individual's conviction of concern will disqualify the individual from receiving the license or certification. An individual filing a petition under this subsection shall submit the following:

(1) At no expense to the state, a national criminal background check by the Federal Bureau of Investigation.

(2) Any additional information requested by the board, commission, or committee to assist the board, commission, or committee in its review of the individual's petition.

(h) If an individual has a conviction of concern, the board, commission, or committee shall consider the following in determining whether to deny a license or certification to the individual based on the following factors:

(1) The nature and seriousness of the crime for which the individual was convicted.

(2) The passage of time since the commission of the crime.

(3) The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation.

(4) Evidence of rehabilitation or treatment undertaken by the individual that might mitigate against a direct relation to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation.

(i) If a board, commission, or committee determines an individual's conviction of concern disqualifies the individual from receiving a license or certification solely or in part because of the individual's criminal history, the board, commission, or committee shall notify the individual in writing of the following:

(1) The grounds and reasons for the denial or disqualification.

(2) The individual has the right to a hearing to challenge the licensing authority's decision.

(3) The earliest date the individual may reapply for a license or certification or the earliest date the individual can petition the board, commission, or committee for a review.

(4) Evidence of rehabilitation may be considered upon reapplication.

(5) Findings for each of the factors specified in subdivisions (1) through (4).

Any written determination that an individual's criminal history contains a conviction of concern that merits the denial of a license must be documented in written findings under subdivision (1) by clear and convincing evidence sufficient for review by a court. In an administrative hearing or a civil action reviewing the denial of a license, a board, commission, or committee has the burden of proof on the question of whether the individual's criminal history, based on the standards provided in subsection (h), should lead to the denial of a license.

(j) The board, commission, or committee shall inform the individual of its determination concerning the individual's petition not later than sixty (60) days after the petition, criminal history information, and any other information requested under subsection (g) is received by the board, commission, or committee.

(k) The board, commission, or committee may charge a fee established under IC 25-1-8 that does not exceed twenty-five dollars ($25) to pay its costs of reviewing a petition filed under subsection (g).

(l) A board, commission, or committee may adopt rules under IC 4-22-2 to implement this section.

As added by P.L.182-2018, SEC.1. Amended by P.L.90-2019, SEC.12; P.L.93-2024, SEC.177; P.L.85-2026, SEC.9.

IC 25-1-1.2Chapter 1.2. Effect of Delinquency in Child Support Payments on Licensed or Registered Persons

25-1-1.2-1"Applicant" defined 25-1-1.2-2"Board" defined 25-1-1.2-3"Bureau" defined 25-1-1.2-4"Delinquent" defined 25-1-1.2-5"License" defined 25-1-1.2-6"Practitioner" defined 25-1-1.2-7Order for suspension or denial of license; notice to practitioner; contents; reinstatement 25-1-1.2-8Notice of probationary status for failure to pay child support; suspension; reinstatement 25-1-1.2-9Repealed 25-1-1.2-10Repealed

IC 25-1-1.2-1"Applicant" defined Sec. 1. As used in this chapter, "applicant" means a person who applies for:

(1) an unlimited license, certificate, registration, or permit;

(2) a limited or probationary license, certificate, registration, or permit;

(3) a temporary license, certificate, registration, or permit; or

(4) an intern permit;

issued by a board regulating a profession or an occupation.

As added by P.L.133-1995, SEC.19.

IC 25-1-1.2-2"Board" defined Sec. 2. As used in this chapter, "board" means an entity that regulates occupations or professions under this title and the department of education as established by IC 20-19-3-1.

As added by P.L.133-1995, SEC.19. Amended by P.L.1-2005, SEC.191; P.L.246-2005, SEC.210.

IC 25-1-1.2-3"Bureau" defined Sec. 3. As used in this chapter, "bureau" means the child support bureau established by IC 31-25-3-1.

As added by P.L.133-1995, SEC.19. Amended by P.L.145-2006, SEC.157.

IC 25-1-1.2-4"Delinquent" defined Sec. 4. As used in this chapter, "delinquent" means at least:

(1) two thousand dollars ($2,000); or

(2) three (3) months;

past due on payment of court ordered child support.

As added by P.L.133-1995, SEC.19. Amended by P.L.23-1996, SEC.18.

IC 25-1-1.2-5"License" defined Sec. 5. As used in this chapter, "license" has the meaning set forth in IC 25-1-2-6.

As added by P.L.133-1995, SEC.19.

IC 25-1-1.2-6"Practitioner" defined Sec. 6. As used in this chapter, "practitioner" means a person that holds:

(1) an unlimited license, certificate, registration, or permit;

(2) a limited or probationary license, certificate, registration, or permit;

(3) a temporary license, certificate, registration, or permit; or

(4) an intern permit;

issued by a board regulating a profession or an occupation.

As added by P.L.133-1995, SEC.19.

IC 25-1-1.2-7Order for suspension or denial of license; notice to practitioner; contents; reinstatement Sec. 7. (a) Upon receiving an order of a court issued under IC 31-16-12-8 (or IC 31-1-11.5-13(k), IC 31-6-6.1-16(k), or IC 31-14-12-5 before their repeal), the board shall:

(1) suspend the license of the practitioner; or

(2) deny the application of the applicant;

who is the subject of the order.

(b) Upon receiving an order of a court issued under IC 31-16-12-8 (or IC 31-1-11.5-13(k), IC 31-6-6.1-16(k), or IC 31-14-12-5 before their repeal), the board shall promptly mail a notice to the last known address of the person who is the subject of the order, stating the following:

(1) That the practitioner's license has been suspended, beginning five (5) business days after the date the notice is mailed, and that the suspension will terminate ten (10) business days after the board receives an order allowing reinstatement from the court that issued the suspension order.

(2) That the practitioner has the right to petition for reinstatement of the practitioner's license to the court that issued the order for suspension.

(c) The board may not reinstate a license suspended under this section until the board receives an order allowing reinstatement from the court that issued the order for suspension.

As added by P.L.133-1995, SEC.19. Amended by P.L.23-1996, SEC.19; P.L.1-1997, SEC.109; P.L.207-2013, SEC.11.

IC 25-1-1.2-8Notice of probationary status for failure to pay child support; suspension; reinstatement Sec. 8. (a) The board shall, upon receiving an order from the bureau under IC 31-25-4-32(e) or IC 31-25-4-34(b), place on probationary status any license issued by the board and held by the person who is the subject of the order. The board shall send the practitioner a notice that does the following:

(1) States that the person's license has been placed on probationary status.

(2) States that the person's license will be suspended if the board has not received notice from the bureau under IC 31-25-4-32(m) or IC 31-25-4-34(g) within twenty (20) days after the date of the notice.

(3) Describes the amount of child support that the person is in arrears.

(4) Explains the procedures to:

(A) pay the person's child support arrearage in full; and

(B) establish a payment plan with the bureau to pay the arrearage, which must include an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5.

(b) If the board has not received notice from the bureau under IC 31-25-4-32(m) or IC 31-25-4-34(g) within twenty (20) days after the date of the notice in subsection (a), the board shall suspend the practitioner's license.

(c) The board may not reinstate a license or permit placed on probationary status or suspended under this section until the board receives a notice from the bureau under IC 31-25-4-32(m) or IC 31-25-4-34(g) that the practitioner has addressed the delinquency.

As added by P.L.133-1995, SEC.19. Amended by P.L.23-1996, SEC.20; P.L.1-1997, SEC.110; P.L.145-2006, SEC.158; P.L.103-2007, SEC.7; P.L.150-2018, SEC.10.

IC 25-1-1.2-9RepealedAs added by P.L.133-1995, SEC.19. Repealed by P.L.23-1996, SEC.33.

IC 25-1-1.2-10RepealedAs added by P.L.133-1995, SEC.19. Repealed by P.L.23-1996, SEC.33.

IC 25-1-2Chapter 2. Renewal of Licenses Granted by State Agencies ─ Notice of Expiration

25-1-2-1Declaration of intent 25-1-2-2Repealed 25-1-2-2.1Two year or longer period for certain licenses 25-1-2-3Authorization to issue and reissue licenses 25-1-2-4Repealed 25-1-2-5Rules and regulations 25-1-2-6Definitions; application of section; notice to licensee of need to renew; license expiration 25-1-2-7Application of IC 25-1-2-6 25-1-2-8Application of chapter; fees 25-1-2-9Repealed 25-1-2-10Definitions; workforce renewal information; annual report 25-1-2-11Electronic renewal