Indiana § 25-1-16-16 - Expired

§ 25-1-16-16. Expired

As added by P.L.182-2018, SEC.3. Expired 1-1-2019 by P.L.182-2018, SEC.3.

IC 25-1-16.5Chapter 16.5. Public Agency Review of Occupational Regulations

25-1-16.5-1"Occupational license" 25-1-16.5-2"Occupational regulation" 25-1-16.5-3"Personal qualifications" 25-1-16.5-4"Public agency" 25-1-16.5-5"Specialty occupational license for medical reimbursement" 25-1-16.5-6"Welfare" 25-1-16.5-7Occupational regulation limitations 25-1-16.5-8Public agency's comprehensive review; duties; report 25-1-16.5-9Right to petition for repeal or modification; public agency's duty to respond to petition

IC 25-1-16.5-1"Occupational license" Sec. 1. As used in this chapter, "occupational license" means a nontransferable and exclusive authorization in law in which the general assembly establishes the personal qualifications necessary to engage in an occupation or profession.

As added by P.L.142-2023, SEC.1.

IC 25-1-16.5-2"Occupational regulation" Sec. 2. As used in this chapter, "occupational regulation" means a regulation, rule, policy, fee, condition, test, permit, administrative practice, or other provision in which a public agency establishes the personal qualifications necessary to engage in an occupation or profession. The term does not include an occupational license.

As added by P.L.142-2023, SEC.1.

IC 25-1-16.5-3"Personal qualifications" Sec. 3. As used in this chapter, "personal qualifications" means criteria related to an individual's personal background and characteristics, including the following:

(1) Completion of an approved educational program.

(2) Satisfactory performance on an examination.

(3) Work experience.

(4) Other evidence of attainment of requisite skills or knowledge.

(5) Moral character.

(6) Criminal history.

(7) Completion of continuing education.

As added by P.L.142-2023, SEC.1.

IC 25-1-16.5-4"Public agency" Sec. 4. As used in this chapter, "public agency" includes the following:

(1) A state agency (as defined in IC 4-13-1-1).

(2) A body corporate and politic created by statute.

(3) A state educational institution.

The term does not include the judicial or legislative departments of state government or a private certification organization.

As added by P.L.142-2023, SEC.1.

IC 25-1-16.5-5"Specialty occupational license for medical reimbursement" Sec. 5. (a) As used in this chapter, "specialty occupational license for medical reimbursement" means a nontransferable authorization in law for an individual to qualify for payment or reimbursement from a federal, state, or local government agency for the nonexclusive provision of medical services based on the individual meeting the personal qualifications established by the general assembly.

(b) The term may include a credential that is recognized by a private health insurance company or other private company for the purpose of reimbursing medical costs.

As added by P.L.142-2023, SEC.1.

IC 25-1-16.5-6"Welfare" Sec. 6. As used in this chapter, "welfare" must be narrowly construed to encompass the protection of members of the public against fraud or harm. The term does not encompass the protection of existing businesses or agencies, whether publicly or privately owned, against competition.

As added by P.L.142-2023, SEC.1.

IC 25-1-16.5-7Occupational regulation limitations Sec. 7. All occupational regulations must be limited to those demonstrably necessary and carefully tailored to fulfill legitimate public health, safety, or welfare objectives.

As added by P.L.142-2023, SEC.1.

IC 25-1-16.5-8Public agency's comprehensive review; duties; report Sec. 8. (a) Not later than July 1, 2026, each public agency shall conduct a comprehensive review of all occupational licenses and occupational regulations within the public agency's jurisdiction. In conducting a review under this section, the public agency shall do the following:

(1) Articulate with specificity the public health, safety, or welfare objective served by the occupational license or occupational regulation.

(2) Articulate the reason why the occupational license or occupational regulation is necessary to serve the objective specified under subdivision (1).

(3) Analyze, when information is readily available, the effects of the occupational license or occupational regulation on the following:

(A) Opportunities for workers.

(B) Consumer choices and costs.

(C) General unemployment.

(D) Market competition.

(E) Governmental costs.

(F) Any other effects identified by the public agency.

(4) Determine if other states have a similar occupational license or occupational regulation and compare how other states regulate the business or profession.

(b) If a public agency finds that an occupational license or occupational regulation does not satisfy the standard set forth in section 7 of this chapter, the public agency shall:

(1) repeal or modify the occupational regulation, to the extent permitted under the public agency's authority, to conform with the standard set forth in section 7 of this chapter; or

(2) if an action under subdivision (1) is not within the public agency's authority, recommend to the general assembly actions necessary to repeal or modify the occupational license or occupational regulation to conform to the standard set forth in section 7 of this chapter.

(c) Not later than October 1, 2026, each public agency shall:

(1) prepare a report identifying all actions that the public agency has taken to conform with this section; and

(2) submit the report under subdivision (1) to the legislative council in an electronic format under IC 5-14-6.

As added by P.L.142-2023, SEC.1. Amended by P.L.8-2024, SEC.2.

IC 25-1-16.5-9Right to petition for repeal or modification; public agency's duty to respond to petition Sec. 9. (a) After July 1, 2026, a person who engages in an occupation or profession to which an occupational regulation applies may file a petition for repeal or modification of the occupational regulation with the public agency having jurisdiction over enforcement of the occupational regulation.

(b) Not later than ninety (90) days after a petition is filed under subsection (a), the public agency shall either:

(1) repeal or modify the occupational regulation to conform to the standard set forth in section 7 of this chapter; or

(2) state the basis on which the public agency has concluded that the occupational regulation conforms to the standard set forth in section 7 of this chapter.

As added by P.L.142-2023, SEC.1. Amended by P.L.8-2024, SEC.3.

IC 25-1-17Chapter 17. Licensure of Individuals with Military Training; Licensure of Military Spouses

25-1-17-1"Board" 25-1-17-1.5"Dependent" 25-1-17-2"Military service" 25-1-17-3"Military spouse" 25-1-17-4Issuance of license, certificate, registration, or permit to military service applicant; conditions 25-1-17-5Issuance of license, certificate, registration, or permit to military spouse or dependent; conditions 25-1-17-5.5Issuance of license to applicants based on work experience 25-1-17-6Relevant experience 25-1-17-7Effect of nonresidency 25-1-17-8Provisional license 25-1-17-9Rules 25-1-17-10Applications under established requirements 25-1-17-11Expedited issuance or renewal of license, certificate, registration, or permit 25-1-17-12Appeal of board decisions