Indiana § 25-15-10-8 - Prohibited actions

§ 25-15-10-8. Prohibited actions

Sec. 8. The holder of a courtesy card issued under this chapter is not authorized to undertake the following acts:

(1) Transfer the courtesy card to another individual.

(2) Own or operate a funeral home, crematory, or office that provides or offers to sell or arrange funeral or disposition services in Indiana.

(3) Except as provided in section 6 of this chapter, perform any acts related to the practice of funeral direction in Indiana, including:

(A) arranging for a funeral or disposition service with members of the public;

(B) being employed by or contracted to perform funeral or embalming service in Indiana by a funeral home licensed under this article;

(C) advertising Indiana funeral or disposition services;

(D) executing contracts for funeral or disposition services in Indiana;

(E) preparing or embalming deceased human remains in Indiana; or

(F) exhuming or disinterring human remains in Indiana.

As added by P.L.95-2012, SEC.1.

IC 25-16ARTICLE 16. REPEALEDRepealed by P.L.149-2023, SEC.20.

IC 25-17ARTICLE 17. REPEALEDRepealed by P.L.1-1993, SEC.197.

IC 25-17.3ARTICLE 17.3. GENETIC COUNSELORS

Ch. 1.Applicability Ch. 2.Definitions Ch. 3.Powers and Duties of the Board Ch. 4.Requirements for Licensure as a Genetic Counselor Ch. 5.Unlawful Practices

IC 25-17.3-1Chapter 1. Applicability

25-17.3-1-1Application of chapter

IC 25-17.3-1-1Application of chapter Sec. 1. This article applies after June 30, 2010.

As added by P.L.177-2009, SEC.35.

IC 25-17.3-2Chapter 2. Definitions

25-17.3-2-1Application of definitions 25-17.3-2-2Agency 25-17.3-2-3Board 25-17.3-2-4Genetic counseling 25-17.3-2-5Genetic counselor 25-17.3-2-6Genetic supervision

IC 25-17.3-2-1Application of definitions Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.177-2009, SEC.35.

IC 25-17.3-2-2Agency Sec. 2. "Agency" refers to the Indiana professional licensing agency established by IC 25-1-5-3.

As added by P.L.177-2009, SEC.35.

IC 25-17.3-2-3Board Sec. 3. "Board" refers to the medical licensing board of Indiana created by IC 25-22.5-2-1.

As added by P.L.177-2009, SEC.35.

IC 25-17.3-2-4Genetic counseling Sec. 4. "Genetic counseling" means the communication by an individual to estimate, through the following methods, the likelihood of the occurrence or recurrence of a birth defect or a potentially inherited or genetically influenced condition:

(1) Obtain and evaluate individual, family, and medical histories to determine genetic risk for genetic and medical conditions and diseases in a patient, the patient's children, and other family members.

(2) Discuss the features, natural history, means of diagnosis, genetic and environmental factors, and management of risk for genetic and medical conditions and diseases.

(3) Identify, order, and coordinate genetic laboratory tests and other diagnostic studies as appropriate for the genetic assessment.

(4) Integrate genetic laboratory test results and other diagnostic studies with personal and family medical history to assess and communicate genetic risk factors.

(5) Explain the clinical implications of genetic laboratory tests, other diagnostic studies, and the results.

(6) Evaluate the client's or family's responses to the condition or risk of recurrence and provide client centered counseling and anticipatory guidance.

(7) Identify and use community resources that provide medical, educational, financial, and psychosocial support and advocacy.

(8) Provide written documentation of medical, genetic, and counseling information for families and health care professionals.

As added by P.L.177-2009, SEC.35. Amended by P.L.118-2020, SEC.1.

IC 25-17.3-2-5Genetic counselor Sec. 5. "Genetic counselor" means an individual who is licensed under this article to provide genetic counseling.

As added by P.L.177-2009, SEC.35.

IC 25-17.3-2-6Genetic supervision Sec. 6. "Genetic supervision" refers to the assessment by:

(1) an individual who is licensed under this article; or

(2) a physician licensed under IC 25-22.5;

of an individual who is issued a temporary genetic counselor license. The term includes regular meetings and chart review under a genetic supervision contract entered into by both parties.

As added by P.L.177-2009, SEC.35.

IC 25-17.3-3Chapter 3. Powers and Duties of the Board

25-17.3-3-1Enforcement by the board 25-17.3-3-2Rules

IC 25-17.3-3-1Enforcement by the board Sec. 1. The board shall enforce this article.

As added by P.L.177-2009, SEC.35.

IC 25-17.3-3-2Rules Sec. 2. The board may adopt rules under IC 4-22-2 that are consistent with this article and with IC 25-22.5 and that are necessary for the proper enforcement of this article and for the conduct of the practice of genetic counseling.

As added by P.L.177-2009, SEC.35.

IC 25-17.3-4Chapter 4. Requirements for Licensure as a Genetic Counselor

25-17.3-4-1Qualifications 25-17.3-4-2Temporary licenses 25-17.3-4-3Temporary license; other jurisdictions 25-17.3-4-4Licensure exemptions 25-17.3-4-5Expiration of license; renewal; fee; expired license 25-17.3-4-6Renewal; continuing education 25-17.3-4-7Repealed

IC 25-17.3-4-1Qualifications Sec. 1. To qualify for licensure as a genetic counselor, an applicant must:

(1) submit an application on a form developed by the board;

(2) pay the licensure fee determined by the board;

(3) provide written evidence that the applicant has earned:

(A) a master's degree from a genetic counseling training program accredited by the Accreditation Council for Genetic Counselors or its successor; or

(B) a doctoral degree from a medical genetics training program that is accredited by the American Board of Medical Genetics and Genomics or its successor; and

(4) meet the examination requirement for certification as:

(A) a genetic counselor by the American Board of Genetic Counseling or the American Board of Medical Genetics and Genomics or the successor of these entities; or

(B) a medical geneticist by the American Board of Medical Genetics and Genomics or its successor.

As added by P.L.177-2009, SEC.35. Amended by P.L.118-2020, SEC.2.

IC 25-17.3-4-2Temporary licenses Sec. 2. (a) The board may issue a temporary license to an applicant who:

(1) meets all the requirements for licensure under section 1 of this chapter except the examination for certification requirement set forth in section 1(4) of this chapter; and

(2) has an active candidate status for the certification.

(b) An individual who is issued a temporary license under this section may practice under the temporary license only if directly supervised by a licensed genetic counselor or a physician licensed under IC 25-22.5 under a genetic supervision contract.

(c) An individual who holds a temporary license issued under this section and fails the examination for certification described in section 1(4) of this chapter for the first time may reapply for a second temporary license. The board may not issue a temporary license to an individual who has failed the examination for certification more than one (1) time.

(d) A temporary license issued under this section expires upon the earliest of the following:

(1) The date on which the individual meets the requirements of this chapter and is issued a license.

(2) The date that is thirty (30) days after the individual loses active candidate status through the American Board of Genetic Counseling.

(3) The date printed on the temporary license.

(e) An individual who is issued a temporary license under this section shall inform the board of the results of the individual's examination for certification described in section 1(4) of this chapter.

As added by P.L.177-2009, SEC.35. Amended by P.L.1-2010, SEC.107; P.L.118-2020, SEC.3.

IC 25-17.3-4-3Temporary license; other jurisdictions Sec. 3. The board may issue a license to an individual who:

(1) is licensed, certified, or registered in another state or territory of the United States that has requirements determined by the board to be substantially equivalent to the requirements specified in this article;

(2) is in good standing in the other state or territory;

(3) applies in the manner required by the board; and

(4) pays an application fee specified by the board.

As added by P.L.177-2009, SEC.35.

IC 25-17.3-4-4Licensure exemptions Sec. 4. The following individuals are not required to be licensed under this article:

(1) An individual who is licensed as a physician under IC 25-22.5 or a nurse under IC 25-23. However, the individual may not use the title "genetic counselor" or any other title that indicates that the individual is a genetic counselor unless the individual is licensed under this article.

(2) A student or an intern from an accredited school who is participating in a supervised training program.

(3) An individual from another state who is certified by the American Board of Medical Genetics and Genomics or the American Board of Genetic Counseling or the successor of these entities and acting in Indiana on a consultant basis.

As added by P.L.177-2009, SEC.35. Amended by P.L.118-2020, SEC.4.

IC 25-17.3-4-5Expiration of license; renewal; fee; expired license Sec. 5. (a) Subject to IC 25-1-2-6(e), a license issued by the board expires on the date established by the agency under IC 25-1-5-4 in even-numbered years.

(b) To renew a license, a genetic counselor shall:

(1) pay a renewal fee not later than the expiration date of the license; and

(2) meet all other requirements for renewal under this chapter.

(c) If an individual fails to pay a renewal fee on or before the expiration date of a license, the license becomes invalid without further action by the board.

(d) If an individual holds a license that has been invalid for not more than three (3) years, the board shall reinstate the license if the individual meets the requirements of IC 25-1-8-6(c).

(e) If more than three (3) years have elapsed since the date a license has expired, the individual who holds the expired license may seek reinstatement of the license by satisfying the requirements for reinstatement under IC 25-1-8-6(d).

As added by P.L.177-2009, SEC.35. Amended by P.L.177-2015, SEC.38.

IC 25-17.3-4-6Renewal; continuing education Sec. 6. (a) To renew a license under this article, an applicant must complete continuing education and maintain the certification status as follows:

(1) For a genetic counselor, certification from the American Board of Genetic Counseling or its successor.

(2) For a medical geneticist, certification by the American Board of Medical Genetics and Genomics or its successor.

(b) An applicant seeking renewal of a license shall certify that the applicant has complied with the continuing education requirements required by the certifying organization in subsection (a).

As added by P.L.177-2009, SEC.35. Amended by P.L.118-2020, SEC.5.

IC 25-17.3-4-7RepealedAs added by P.L.177-2009, SEC.35. Repealed by P.L.118-2020, SEC.6.

IC 25-17.3-5Chapter 5. Unlawful Practices

25-17.3-5-1Use of certain titles prohibited 25-17.3-5-2Injunctions 25-17.3-5-2.5Ethical, moral, or religious belief of genetic counselor 25-17.3-5-3Penalty

IC 25-17.3-5-1Use of certain titles prohibited Sec. 1. An individual who does not have a valid license or temporary license as a genetic counselor under this article may not use the title "genetic counselor", "licensed genetic counselor", or any word, letter, abbreviation, or insignia that indicates or implies that the individual has been issued a license or has met the qualifications for licensure under this article.

As added by P.L.177-2009, SEC.35.

IC 25-17.3-5-2Injunctions Sec. 2. (a) If the board believes that a person has engaged in or is about to engage in an act or practice that constitutes or will constitute a violation of section 1 of this chapter, the board may apply to a circuit or superior court for an order enjoining the act or practice.

(b) If the board determines that a person has engaged in or is about to engage in an act or practice that constitutes or will constitute a violation of section 1 of this chapter, an injunction, a restraining order, or another appropriate order may be granted by the court.

As added by P.L.177-2009, SEC.35.

IC 25-17.3-5-2.5Ethical, moral, or religious belief of genetic counselor Sec. 2.5. (a) Section 3 of this chapter does not apply to this section.

(b) A genetic counselor may not be required to:

(1) perform;

(2) participate in; or

(3) provide;

a service that violates any sincerely held ethical, moral, or religious belief held by the genetic counselor. An employer may not discriminate against or discipline a genetic counselor because of any sincerely held ethical, moral, or religious belief of the genetic counselor in the performance of the genetic counselor's employment.

(c) A civil action for damages or reinstatement of employment, or both, may be brought for any violation of this section.

As added by P.L.118-2020, SEC.7.

IC 25-17.3-5-3Penalty Sec. 3. (a) This section does not apply to section 2.5 of this chapter.

(b) A person who violates this chapter commits a Class A misdemeanor. In addition to any other penalty imposed for a violation of this chapter, the board may, in the name of the state of Indiana through the attorney general, petition a circuit or superior court to enjoin the person who is violating this chapter from practicing genetic counseling in violation of this chapter.

As added by P.L.177-2009, SEC.35. Amended by P.L.118-2020, SEC.8.

IC 25-17.5ARTICLE 17.5. REPEALEDRepealed by P.L.161-1996, SEC.3.

IC 25-17.6ARTICLE 17.6. PROFESSIONAL GEOLOGISTS

Ch. 1.Definitions Ch. 2.Indiana Board of Licensure for Professional Geologists Ch. 3.Duties and Powers of the Board Ch. 4.Requirements for Licensure Ch. 5.Renewal of Licenses Ch. 6.Use of Seal or Stamp by Geologist Ch. 7.Exemptions From Licensure Requirements Ch. 8.Grounds for Action by the Board and Penalties Ch. 9.Administrative Review and Judicial Review

IC 25-17.6-1Chapter 1. Definitions

25-17.6-1-1Application of definitions 25-17.6-1-2"Board" 25-17.6-1-3Repealed 25-17.6-1-4Repealed 25-17.6-1-5"Geologist" 25-17.6-1-6"Geology" 25-17.6-1-6.3"License" 25-17.6-1-6.5"Licensed professional geologist" 25-17.6-1-7"Public practice of geology" 25-17.6-1-8"State geologist" 25-17.6-1-9"Survey"

IC 25-17.6-1-1Application of definitions Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.161-1996, SEC.2.

IC 25-17.6-1-2"Board" Sec. 2. "Board" refers to the Indiana board of licensure for professional geologists established in IC 25-17.6-2.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.2.

IC 25-17.6-1-3RepealedAs added by P.L.161-1996, SEC.2. Repealed by P.L.17-1999, SEC.35.

IC 25-17.6-1-4RepealedAs added by P.L.161-1996, SEC.2. Repealed by P.L.17-1999, SEC.35.

IC 25-17.6-1-5"Geologist" Sec. 5. "Geologist" means a person who is qualified by the person's knowledge of the principles of geology acquired by:

(1) professional education; and

(2) practical experience.

As added by P.L.161-1996, SEC.2.

IC 25-17.6-1-6"Geology" Sec. 6. "Geology" means a science that has the following characteristics:

(1) Treats the earth as a whole.

(2) Includes the:

(A) investigation;

(B) analysis;

(C) classification; and

(D) location;

of the rocks and other materials that compose the earth's crust, as they relate to geologic processes.

(3) Involves the study of:

(A) minerals, gases, and liquids composing and contained within the earth's crust; and

(B) geologic materials and processes.

As added by P.L.161-1996, SEC.2.

IC 25-17.6-1-6.3"License" Sec. 6.3. "License" means a document issued by the board to permit a person to engage in an activity regulated under this article.

As added by P.L.17-1999, SEC.3.

IC 25-17.6-1-6.5"Licensed professional geologist" Sec. 6.5. "Licensed professional geologist" means a person who is licensed under this article.

As added by P.L.17-1999, SEC.4. Amended by P.L.108-2022, SEC.5.

IC 25-17.6-1-7"Public practice of geology" Sec. 7. (a) "Public practice of geology" means the performance of service to the public in connection with the geological description, location, or evaluation of:

(1) geological materials, liquids, and gases; and

(2) the natural processes acting upon them.

(b) The term includes geological:

(1) consulting;

(2) investigating;

(3) evaluating;

(4) designing; and

(5) planning.

As added by P.L.161-1996, SEC.2.

IC 25-17.6-1-8"State geologist" Sec. 8. "State geologist" means the person in charge of the Indiana geological and water survey established by IC 21-47-2.

As added by P.L.161-1996, SEC.2. Amended by P.L.2-2007, SEC.323; P.L.233-2017, SEC.32.

IC 25-17.6-1-9"Survey" Sec. 9. "Survey" refers to the Indiana geological and water survey established by IC 21-47-2.

As added by P.L.161-1996, SEC.2. Amended by P.L.2-2007, SEC.324; P.L.233-2017, SEC.33.

IC 25-17.6-2Chapter 2. Indiana Board of Licensure for Professional Geologists

25-17.6-2-1Establishment; administration 25-17.6-2-2Qualification 25-17.6-2-3Members 25-17.6-2-4Terms 25-17.6-2-5Removal 25-17.6-2-6Quorum 25-17.6-2-7Immunity from civil liability 25-17.6-2-8Chairman; secretary 25-17.6-2-9Appointment 25-17.6-2-10Reimbursement of expenses

IC 25-17.6-2-1Establishment; administration Sec. 1. (a) The Indiana board of licensure for professional geologists is established.

(b) The board shall administer this article.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.5.

IC 25-17.6-2-2Qualification Sec. 2. Subject to IC 25-1-6.5, each member of the board shall be:

(1) a resident of Indiana; and

(2) appointed by the governor;

with the exception of the state geologist.

As added by P.L.161-1996, SEC.2. Amended by P.L.249-2019, SEC.81.

IC 25-17.6-2-3Members Sec. 3. The board shall consist of the following members:

(1) The state geologist.

(2) Three (3) members who are licensed professional geologists.

(3) One (1) member who represents the public at large.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.6.

IC 25-17.6-2-4Terms Sec. 4. Each board member shall serve a term under IC 25-1-6.5.

As added by P.L.161-1996, SEC.2. Amended by P.L.249-2019, SEC.82.

IC 25-17.6-2-5Removal Sec. 5. The governor may remove a board member under IC 25-1-6.5-4.

As added by P.L.161-1996, SEC.2. Amended by P.L.249-2019, SEC.83.

IC 25-17.6-2-6Quorum Sec. 6. Three (3) members of the board constitute a quorum.

As added by P.L.161-1996, SEC.2.

IC 25-17.6-2-7Immunity from civil liability Sec. 7. Board members are immune from civil liability for any action taken in the performance of the board's powers and duties under this article.

As added by P.L.161-1996, SEC.2.

IC 25-17.6-2-8Chairman; secretary Sec. 8. (a) The board shall elect from its members a chairman each year.

(b) The board shall elect a secretary each year. The secretary is not required to be elected from the members of the board.

As added by P.L.161-1996, SEC.2. Amended by P.L.108-2022, SEC.6.

IC 25-17.6-2-9Appointment Sec. 9. (a) At least thirty (30) days before an appointment to the board, the governor shall receive a list of not more than three (3) nominations for the appointment from a joint committee of the survey and representatives of professional organizations representing professional geologists in Indiana.

(b) Members appointed to the board shall be selected from the list submitted to the governor by the joint committee under subsection (a).

As added by P.L.161-1996, SEC.2. Amended by P.L.249-2019, SEC.84.

IC 25-17.6-2-10Reimbursement of expenses Sec. 10. Each board member is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties as provided under IC 4-13-1-4 and the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

As added by P.L.161-1996, SEC.2.

IC 25-17.6-3Chapter 3. Duties and Powers of the Board

25-17.6-3-1Meetings; cost of survey 25-17.6-3-2Qualifications of applicants for licensure 25-17.6-3-3Code of professional conduct 25-17.6-3-4Investigation of misconduct 25-17.6-3-5Complaint to condition, suspend, or revoke registration 25-17.6-3-6Charges of fraud, deceit, gross negligence, or misconduct 25-17.6-3-7Review of changes; notice to respond 25-17.6-3-8Compliance with or administrative review of determination 25-17.6-3-9Legal assistance 25-17.6-3-10Survey; publication of roster 25-17.6-3-11Survey; offices and staff 25-17.6-3-12Rules

IC 25-17.6-3-1Meetings; cost of survey Sec. 1. (a) The board shall meet:

(1) at least two (2) times each calendar year; and

(2) at other times considered necessary by:

(A) the chairman; or

(B) a quorum of the board;

upon being given at least ten (10) days notice.

(b) Each year the board shall:

(1) determine the cost incurred by the survey in administering the program for the licensure of professional geologists under this article; and

(2) if necessary, adjust the amount of the:

(A) licensure fee charged under IC 25-17.6-4-7; and

(B) renewal fee charged under IC 25-17.6-5-2;

to ensure that the program is self-supporting.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.7; P.L.108-2022, SEC.7.

IC 25-17.6-3-2Qualifications of applicants for licensure Sec. 2. (a) The board shall pass upon the qualifications of applicants for licensure.

(b) The board shall:

(1) require from an applicant for licensure evidence of the applicant's qualifications; and

(2) judge an applicant on evidence of the applicant's professional competency and integrity under rules adopted by the board.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.8.

IC 25-17.6-3-3Code of professional conduct Sec. 3. (a) The board may by rule adopt or amend a code of professional conduct for licensed professional geologists.

(b) If the board adopts or amends a code of professional conduct under subsection (a), the board shall mail a copy of the code and any amendments to the code to all persons listed on the roster described in section 10 of this chapter.

(c) A mailing under this section constitutes service for the purposes of this article.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.9.

IC 25-17.6-3-4Investigation of misconduct Sec. 4. The board may investigate:

(1) a suspected violation by a licensed professional geologist of:

(A) the code of conduct adopted under section 3 of this chapter; or

(B) other rules of the board concerning professional competency and integrity of licensed professional geologists; or

(2) other grounds for action against a licensed professional geologist under IC 25-17.6-8.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.10.

IC 25-17.6-3-5Complaint to condition, suspend, or revoke registration Sec. 5. (a) The board may file a proposed complaint to condition, suspend, or revoke the license of a licensed professional geologist.

(b) The recipient of a proposed complaint may either:

(1) agree to the terms of the proposed complaint; or

(2) not more than thirty (30) days after receiving the proposed complaint, request an informal review of the proposed complaint before the board.

(c) Failure by a licensed professional geologist to request the informal review under subsection (b) constitutes an agreement to the terms of the proposed complaint.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.11; P.L.108-2022, SEC.8.

IC 25-17.6-3-6Charges of fraud, deceit, gross negligence, or misconduct Sec. 6. (a) Any person or organization may present charges of fraud, deceit, gross negligence, or misconduct against a licensed professional geologist.

(b) A charge under subsection (a) shall be:

(1) in writing;

(2) sworn to by the person or the officer of the organization making the charges; and

(3) filed with the board.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.12.

IC 25-17.6-3-7Review of changes; notice to respond Sec. 7. (a) The board shall consider:

(1) a request for review under section 5; or

(2) charges under section 6;

of this chapter during a meeting.

(b) The board may compel a licensed professional geologist to respond to any matters in writing about a proposed complaint or charges.

(c) Notice to respond to a proposed complaint or charge must be sent to the licensed professional geologist by certified mail to the most recent address on file with the board.

(d) The board may by rule establish procedures for the conduct of its review under this section, including the subpoena of witnesses and documents.

(e) A review under this section shall be conducted in an informal manner. However, the board shall keep a record of the proceeding.

(f) As soon as possible following the meeting, the board shall render a determination and either:

(1) terminate its review; or

(2) issue a determination under IC 4-21.5-3-6 to condition, suspend, or revoke the license of the licensed professional geologist.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.13; P.L.108-2022, SEC.9.

IC 25-17.6-3-8Compliance with or administrative review of determination Sec. 8. A licensed professional geologist who receives a determination under section 7 of this chapter shall either:

(1) comply with its terms; or

(2) request administrative review under IC 25-17.6-9.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.14.

IC 25-17.6-3-9Legal assistance Sec. 9. (a) The attorney general shall act as legal adviser to the board and provide any legal assistance necessary to carry out this article.

(b) The board may employ private counsel at the expense of the board.

As added by P.L.161-1996, SEC.2.

IC 25-17.6-3-10Survey; publication of roster Sec. 10. (a) The survey shall publish each year a roster showing the names and places of business of all licensed professional geologists.

(b) Copies of the roster described in subsection (a) shall be:

(1) made available to each person licensed;

(2) placed on file at the survey; and

(3) furnished to the public upon request.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.15.

IC 25-17.6-3-11Survey; offices and staff Sec. 11. The survey shall:

(1) establish and maintain necessary offices in Indiana;

(2) employ staff as necessary, including staff for the board; and

(3) prescribe the duties and compensation of all staff employed under subdivision (2).

As added by P.L.161-1996, SEC.2.

IC 25-17.6-3-12Rules Sec. 12. The board may adopt rules under IC 4-22-2 consistent with this article and reasonably required for the conduct of the board's responsibilities and duties.

As added by P.L.161-1996, SEC.2.

IC 25-17.6-4Chapter 4. Requirements for Licensure

25-17.6-4-1Course work; experience; passing score on examination 25-17.6-4-2Years of experience; credits toward 25-17.6-4-3Credit subject to evaluation and approval by board 25-17.6-4-4Documentation of competency and integrity 25-17.6-4-5Licensure in different state 25-17.6-4-6Administrative review of determination 25-17.6-4-7Application fee; deposit in fund

IC 25-17.6-4-1Course work; experience; passing score on examination Sec. 1. To qualify for licensure, an applicant must meet all of the following requirements:

(1) Successful completion of at least thirty (30) semester hours or forty-five (45) quarter hours of course work in geology, culminating in a baccalaureate or advanced degree in geology, geophysics, geochemistry, geological engineering, or geotechnical engineering from an accredited college or university. At the discretion of the board, courses dealing with applied geological science that are given under the auspices of an academic department other than geology may be considered toward the fulfillment of this requirement.

(2) Experience in professional geological work consisting of one (1) of the following:

(A) Five (5) years of teaching geology as a faculty member at the college or university level.

(B) Five (5) years of geological research by an applicant at the college or university level.

(C) Five (5) years of geological work performed under the supervision of, or in collaboration with, a licensed professional geologist.

(D) Seven (7) years of geological work that is acceptable to the board.

(3) A passing score on an examination required by the board that has been designed to demonstrate that the applicant has the necessary knowledge and skill to exercise the responsibilities of the public practice of geology.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.16.

IC 25-17.6-4-2Years of experience; credits toward Sec. 2. In counting years of experience under section 1(2) of this chapter, the board may give one (1) year of credit each for a master's degree or doctoral degree in geology, geophysics, geochemistry, geological engineering, or geotechnical engineering.

As added by P.L.161-1996, SEC.2.

IC 25-17.6-4-3Credit subject to evaluation and approval by board Sec. 3. Credit toward the experience and education requirements described in this chapter is subject to evaluation and approval by the board.

As added by P.L.161-1996, SEC.2.

IC 25-17.6-4-4Documentation of competency and integrity Sec. 4. The board may require documentation of competency and integrity.

As added by P.L.161-1996, SEC.2.

IC 25-17.6-4-5Licensure in different state Sec. 5. Upon application, licensure may be provided to a person who is a licensed geologist in a state that has standards for licensure that contain substantially equal requirements to those for licensure under this chapter, as determined by the board.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.17; P.L.108-2022, SEC.10.

IC 25-17.6-4-6Administrative review of determination Sec. 6. A person seeking licensure as a licensed professional geologist who is aggrieved by a determination of the board under this chapter may request administrative review under IC 25-17.6-9.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.18.

IC 25-17.6-4-7Application fee; deposit in fund Sec. 7. (a) An applicant for licensure shall pay a nonrefundable fee established by regulation of the board.

(b) All fees paid to and collected by the board under this section and IC 25-17.6-5 shall be deposited in a fund under the jurisdiction of the board.

(c) The survey shall be:

(1) designated to collect and disburse funds represented by the fees described in subsection (b); and

(2) required to execute a bond, with corporate surety, in an amount to be determined by the board.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.19.

IC 25-17.6-5Chapter 5. Renewal of Licenses

25-17.6-5-1Expiration of license 25-17.6-5-2Notification of expiration and renewal fee 25-17.6-5-3Failure to pay renewal fee 25-17.6-5-4Revocation of license for failure to pay renewal fee; relicensing 25-17.6-5-5Rules

IC 25-17.6-5-1Expiration of license Sec. 1. A license issued under IC 25-17.6-4 expires three (3) years after it is issued, at a time and date designated by the board.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.20.

IC 25-17.6-5-2Notification of expiration and renewal fee Sec. 2. The board shall notify each person licensed under this article of the:

(1) date of expiration of the person's license; and

(2) amount of the renewal fee established by the board.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.21.

IC 25-17.6-5-3Failure to pay renewal fee Sec. 3. If a person fails to pay the renewal fee within ninety (90) days after the expiration date established by the board under this chapter, the person's:

(1) license shall be suspended; and

(2) name shall be deleted from the roster described in IC 25-17.6-3-10;

until the renewal fee is paid.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.22.

IC 25-17.6-5-4Revocation of license for failure to pay renewal fee; relicensing Sec. 4. (a) If a person fails to pay the renewal fee for two (2) consecutive years, that person's license shall be revoked and may not be renewed.

(b) If a person whose license has been revoked under subsection (a) desires to be relicensed, the person:

(1) must submit an application to the board; and

(2) shall be considered as a new applicant.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.23.

IC 25-17.6-5-5Rules Sec. 5. (a) Before July 1, 2024, the board shall adopt rules in accordance with IC 25-1-4 to:

(1) require a licensed professional geologist to obtain continuing education in geological sciences as a condition of license renewal; and

(2) set forth the conditions, requirements, and implementation of the continuing education program.

(b) The continuing education requirements adopted under this section must allow a licensed professional geologist to receive full credit for continuing education courses completed in a state other than Indiana.

(c) In order to renew a license after June 30, 2025, a professional geologist must comply with the continuing education requirements adopted under this section.

(d) The continuing education requirements adopted under this section do not apply to a person who is not licensed under this article.

As added by P.L.108-2022, SEC.11. Amended by P.L.83-2024, SEC.14.

IC 25-17.6-6Chapter 6. Use of Seal or Stamp by Geologist

25-17.6-6-1Issuance of license by board 25-17.6-6-2Entitlement to rights and privileges 25-17.6-6-3Seal or stamp 25-17.6-6-4Replacement license 25-17.6-6-5No affixation of signature, stamp, or seal after suspension or revocation of license

IC 25-17.6-6-1Issuance of license by board Sec. 1. (a) The board shall, upon payment of the licensure fee, issue a license to an applicant who in the opinion of the board has satisfactorily met all the requirements for licensure under IC 25-17.6-4.

(b) Each license shall show the full name of the board.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.24.

IC 25-17.6-6-2Entitlement to rights and privileges Sec. 2. The issuance of a license by the board is prima facie evidence that the person named on the license is entitled to all the rights and privileges of a licensed professional geologist while the license remains in force.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.25.

IC 25-17.6-6-3Seal or stamp Sec. 3. Each geologist may, upon licensure, obtain and use a seal or stamp of licensure of a design authorized by the board, containing the geologist's name and license number and the legend "Professional Geologist".

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.26.

IC 25-17.6-6-4Replacement license Sec. 4. A replacement license may be issued to replace a license that has been lost, destroyed, or mutilated, subject to the rules of the board.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.27.

IC 25-17.6-6-5No affixation of signature, stamp, or seal after suspension or revocation of license Sec. 5. A geologist may not affix the geologist's signature, stamp, or seal, or certify any report or other geological document after the geologist's license has been suspended or revoked, unless the license has been renewed or reissued.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.28.

IC 25-17.6-7Chapter 7. Exemptions From Licensure Requirements

25-17.6-7-1Exemptions from requirements of licensure 25-17.6-7-2Unlawful preparation of geological report or document 25-17.6-7-3Use of title or description by unlicensed persons

IC 25-17.6-7-1Exemptions from requirements of licensure Sec. 1. The following persons are exempt from the requirements of licensure under this article:

(1) An officer or employee of the United States government, state government, or local government while engaged in providing geological services for the officer's or employee's employers.

(2) A person engaged solely in geological research or the instruction of geology.

(3) A person not engaged in the public practice of geology.

(4) A professional engineer registered under IC 25-31 who applies geology to the practice of engineering.

(5) A soil scientist who is certified as a soil classifier or soil scientist by the American Registry of Certified Professionals in Agronomy, Crops and Soils (ARCPACS) and the Indiana Association of Professional Soil Classifiers (IAPSC) and who applies geology in the practice of soil science.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.29.

IC 25-17.6-7-2Unlawful preparation of geological report or document Sec. 2. Except for:

(1) a person exempted under section 1 of this chapter; and

(2) a person who, in addition to a licensed professional geologist, is authorized by statute or administrative rule to prepare the report or document;

it is unlawful for a person other than a licensed professional geologist or a subordinate under the direction of a licensed professional geologist to prepare any geological report or document that is required by a statute or an administrative rule to be prepared by a licensed professional geologist.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.30.

IC 25-17.6-7-3Use of title or description by unlicensed persons Sec. 3. A person may not engage in the public practice of geology or offer to publicly practice geology in Indiana or otherwise assume or advertise in any way a title or description tending to convey the impression that the person is a licensed professional geologist unless the person has been licensed under this article.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.31.

IC 25-17.6-8Chapter 8. Grounds for Action by the Board and Penalties

25-17.6-8-1Grounds for suspension, refusal to renew, revocation, reprimand, or probation of licensed professional geologist 25-17.6-8-2Related misdemeanors

IC 25-17.6-8-1Grounds for suspension, refusal to renew, revocation, reprimand, or probation of licensed professional geologist Sec. 1. The board may suspend, refuse to renew the license of, revoke the license of, reprimand, or place on probation a licensed professional geologist when the licensed professional geologist is found responsible by the board for any of the following:

(1) Fraud or deceit in obtaining licensure.

(2) Gross negligence, incompetence, or misconduct in the practice of geology.

(3) Conviction by a court of law of a felony or a crime involving moral turpitude.

(4) Violation of a code of ethics adopted by the board.

(5) The commission of an unlawful act set forth in section 2 of this chapter.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.32.

IC 25-17.6-8-2Related misdemeanors Sec. 2. A person who does any of the following commits a Class B misdemeanor:

(1) Falsely representing oneself as a licensed professional geologist in violation of IC 25-17.6-7-3.

(2) Presenting or attempting to use as the person's own a license or seal of another.

(3) Giving false or forged evidence to the board or to a member of the board in order to obtain a license.

(4) Falsely impersonating another geologist.

(5) Using or attempting to use an expired or a revoked license to practice geology at any time during a period the board has suspended or revoked the license.

(6) Publicly practicing geology in Indiana or offering to publicly practice geology in Indiana without being licensed under this article in violation of IC 25-17.6-7-3.

As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.33.

IC 25-17.6-9Chapter 9. Administrative Review and Judicial Review

25-17.6-9-1Administrative adjudication of determination 25-17.6-9-2Parties to proceeding 25-17.6-9-3Administrative law judge as ultimate authority 25-17.6-9-4Judicial review of final order

IC 25-17.6-9-1Administrative adjudication of determination Sec. 1. If requested, an administrative adjudication of a determination made by the board under IC 25-17.6-3-7, IC 25-17.6-4, or IC 25-17.6-8-1 must be conducted before an administrative law judge appointed by the office of administrative law proceedings.

As added by P.L.161-1996, SEC.2. Amended by P.L.99-2005, SEC.5; P.L.92-2025, SEC.72.

IC 25-17.6-9-2Parties to proceeding Sec. 2. The parties to the proceeding include:

(1) the person taking administrative review of the determination by the board; and

(2) the board.

As added by P.L.161-1996, SEC.2.

IC 25-17.6-9-3Administrative law judge as ultimate authority Sec. 3. An administrative law judge appointed under this chapter is the ultimate authority for the board under IC 4-21.5-5.

As added by P.L.161-1996, SEC.2.

IC 25-17.6-9-4Judicial review of final order Sec. 4. A party who is dissatisfied with a final order rendered by an administrative law judge may take judicial review under IC 4-21.5-5.

As added by P.L.161-1996, SEC.2.

IC 25-18ARTICLE 18. REPEALEDRepealed by P.L.10-2019, SEC.110.

IC 25-19ARTICLE 19. HEALTH FACILITY ADMINISTRATORS

Ch. 1.Regulation of Health Facility Administrators ─ Creation of Board Ch. 2.Facility Administration

IC 25-19-1Chapter 1. Regulation of Health Facility Administrators ─ Creation of Board

25-19-1-1Definitions 25-19-1-2Board created; members 25-19-1-2.5Residential care administrators; qualifications for license; continuing education 25-19-1-3Health facility administrators; qualifications for license 25-19-1-3.1Application 25-19-1-3.2Health facility administrators; examination; scope of topics; fee; failure to achieve passing score 25-19-1-3.3Provisional licenses; issuance; withdrawal 25-19-1-3.5Repealed 25-19-1-4Rules for licensure; cancellation, suspension, or revocation of license 25-19-1-5License required 25-19-1-5.1Fees; payment 25-19-1-6Organization and government of board; compensation; expenses; employees 25-19-1-7License holder deemed qualified 25-19-1-8Powers and duties of the board 25-19-1-9Renewal of license; failure to renew; failure to comply with continuing education requirements 25-19-1-9.5Inactive status; prohibition; license renewal; application 25-19-1-10License by reciprocity; requirements 25-19-1-11Necessity of license; violations; health facility administrators; prohibited practices; standards of practice 25-19-1-11.5Residential care administrators; prohibited practices; standards of practice 25-19-1-12Approval and promulgation of rules and regulations 25-19-1-13Repealed 25-19-1-14Injunction from continuing violation of chapter; punishment 25-19-1-15Repealed 25-19-1-16Repealed 25-19-1-17Administrator in training; student intern 25-19-1-18Administrators in training; requirements; prohibitions; waiver; failure to comply 25-19-1-19Student interns; requirements; failure to comply 25-19-1-20Preceptors; qualifications; application; duties; limitations; expiration; compliance 25-19-1-21Postsecondary educational institution accredited program preceptor; qualifications; duties; expiration; application 25-19-1-22Health facility administrators; continuing education requirements; exception; credits 25-19-1-23Continuing education program sponsors; application; expiration 25-19-1-24Continuing education; attendance; record retention 25-19-1-25Expired