Indiana § 25-20-1-27 - Information about telecoil and audio frequency induction loop systems

Full text of Indiana Indiana Code § 25-20-1-27 — Information about telecoil and audio frequency induction loop systems, with citation guidance and answers to common questions.

§ 25-20-1-27. Information about telecoil and audio frequency induction loop systems

Sec. 27. Before fitting or dispensing a hearing aid, an individual who:

(1) holds a temporary or valid hearing aid dealer certificate of registration; or

(2) fits or dispenses hearing aids while under the supervision and direction of an individual who holds a temporary or valid hearing aid dealer certificate of registration;

shall provide oral and written information explaining telecoil and audio frequency induction loop systems, how they operate, and their uses, including increasing access to telephones and assistive listening systems that comply with the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), any amendments and regulations relating to the Act, and the Americans with Disabilities Act Accessibility Guidelines (28 CFR 35.101 et seq. and 28 CFR 36.101 et seq.).

As added by P.L.200-2019, SEC.2.

IC 25-20.2ARTICLE 20.2. HOME INSPECTIONS

Ch. 1.Application of Article Ch. 2.Definitions Ch. 3.Home Inspectors Licensing Board Ch. 4.Licensing Agency; Board Secretary Ch. 5.Licensing Requirements Ch. 6.License Renewal Ch. 7.Authority of Other Jurisdictions to License Home Inspectors Ch. 8.Disciplinary Proceedings; Enforcement Ch. 9.Liability and Immunity From Liability

IC 25-20.2-1Chapter 1. Application of Article

25-20.2-1-1Application of article; exclusions

IC 25-20.2-1-1Application of article; exclusions Sec. 1. (a) This article applies to an individual who conducts home inspections for compensation.

(b) This article does not apply to the following:

(1) An individual who is acting within the scope of the individual's employment as:

(A) a code enforcement official for the state or a political subdivision of the state; or

(B) a representative of a state or local housing agency or authority acting under the authority of the United States Department of Housing and Urban Development.

(2) An individual who is:

(A) either:

(i) registered as an architect under IC 25-4;

(ii) registered as a professional engineer under IC 25-31; or

(iii) licensed as a plumbing contractor or journeyman plumber under IC 25-28.5; and

(B) acting within the scope of the individual's registration or license.

(3) An individual who is licensed under IC 25-34.1 as a real estate broker and is acting within the scope of the individual's license.

(4) An individual who is licensed or certified under IC 25-34.1 as a real estate appraiser and is acting within the scope of the individual's license or certificate.

(5) An individual who holds a certificate of authority under IC 27-1-27-2 as a public adjuster and is acting within the scope of the individual's certificate.

(6) An individual who holds a permit, certificate, or license to:

(A) use and apply pesticides; or

(B) make diagnostic inspections and reports for wood destroying pests;

under IC 15-16-5 and is acting within the scope of the individual's certificate or license.

(7) An individual who holds a license from a political subdivision as a tradesperson or home builder and is acting within the scope of the individual's license.

As added by P.L.145-2003, SEC.7. Amended by P.L.2-2008, SEC.63; P.L.127-2012, SEC.4.

IC 25-20.2-2Chapter 2. Definitions

25-20.2-2-1Applicability of definitions 25-20.2-2-2"Agency" 25-20.2-2-3"Applicant" 25-20.2-2-4"Board" 25-20.2-2-5"Client" 25-20.2-2-6"Home inspection" 25-20.2-2-7"Home inspection report" 25-20.2-2-8"Licensed home inspector" 25-20.2-2-9"Licensee" 25-20.2-2-10"Residential dwelling"

IC 25-20.2-2-1Applicability of definitions Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-2-2"Agency" Sec. 2. "Agency" refers to the Indiana professional licensing agency established by IC 25-1-5-3.

As added by P.L.145-2003, SEC.7. Amended by P.L.1-2006, SEC.441.

IC 25-20.2-2-3"Applicant" Sec. 3. "Applicant" means an individual who applies for a license as a home inspector.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-2-4"Board" Sec. 4. "Board" refers to the home inspectors licensing board established by IC 25-20.2-3-1.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-2-5"Client" Sec. 5. "Client" means an individual who hires or seeks to hire a licensed home inspector to obtain a home inspection or home inspection report.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-2-6"Home inspection" Sec. 6. "Home inspection" means a visual analysis for the purpose of providing a professional opinion of the condition of a residential dwelling and the dwelling's carports or garages, any reasonably accessible installed components, and the operation of the dwelling's systems, including any controls normally operated by the owner of the dwelling, for the following components:

(1) Heating systems.

(2) Cooling systems.

(3) Electrical systems.

(4) Plumbing systems.

(5) Structural components.

(6) Foundations.

(7) Roof coverings.

(8) Exterior and interior components.

(9) Attic spaces.

(10) Basement or crawl space, if any.

(11) Any other site aspects that affect the residential dwelling.

The term does not include a code compliance inspection.

As added by P.L.145-2003, SEC.7. Amended by P.L.163-2014, SEC.1.

IC 25-20.2-2-7"Home inspection report" Sec. 7. "Home inspection report" means a legibly written report prepared for compensation and issued after a home inspection. The report must include the following:

(1) A report on any system or component inspected that, in the professional opinion of the inspector, is significantly deficient or near the end of the system or component's service life. A report under this subdivision must include the reason why the system or component is significantly deficient or near the end of the system or component's service life, unless the reason is self-evident.

(2) The inspector's recommendation to remedy or monitor a deficiency reported under subdivision (1).

(3) A list of any systems or components that were designated for inspection in the standards of performance adopted by the board but that were not inspected.

(4) The reason a system or component listed under subdivision (3) was not inspected.

(5) A statement that the report does not address environmental hazards, including:

(A) lead-based paint;

(B) radon;

(D) cockroaches;

(E) rodents;

(F) pesticides;

(G) treated lumber;

(H) mold;

(I) mercury;

(J) carbon monoxide; or

(K) other similar environmental hazards.

(6) A statement that the report does not address wood destroying insects and organisms.

(7) A statement that the report does not address subterranean systems or system components (operational or nonoperational), including:

(A) sewage disposal;

(B) water supply; or

As added by P.L.145-2003, SEC.7.

IC 25-20.2-2-8"Licensed home inspector" Sec. 8. "Licensed home inspector" means an individual who is licensed under this article as a home inspector.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-2-9"Licensee" Sec. 9. "Licensee" means a person who performs home inspections and who is licensed under this article as a home inspector.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-2-10"Residential dwelling" Sec. 10. "Residential dwelling" means a structure consisting of at least one (1) but not more than five (5) units, each designed for occupancy by a single family, whether the units are occupied or unoccupied.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-3Chapter 3. Home Inspectors Licensing Board

25-20.2-3-1Establishment of board 25-20.2-3-2Members 25-20.2-3-3Terms; removal 25-20.2-3-4Chairperson; vice chairperson; terms 25-20.2-3-5Presiding at meetings; presiding officer 25-20.2-3-6Board meetings; quorum; majority vote required 25-20.2-3-7Salary per diem; travel expenses 25-20.2-3-8Board duties and powers 25-20.2-3-9Board's duty to adopt rules

IC 25-20.2-3-1Establishment of board Sec. 1. The home inspectors licensing board is established.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-3-2Members Sec. 2. (a) The board is composed of five (5) members appointed by the governor as follows:

(1) Subject to IC 25-1-6.5-3, three (3) members, each of whom:

(A) is licensed in Indiana as a home inspector; and

(B) has been actively engaged in performing home inspections in Indiana for at least five (5) years immediately before the member's appointment to the board.

(2) Subject to IC 25-1-6.5-3, one (1) member who satisfies either of the following:

(A) The member:

(i) is a home builder; and

(ii) has been actively engaged in home building in Indiana for at least five (5) years immediately before the member's appointment to the board.

(B) The member:

(i) is a real estate broker licensed under IC 25-34.1; and

(ii) has been actively licensed in Indiana under IC 25-34.1 as a real estate broker for at least five (5) years immediately before the member's appointment to the board.

(3) Subject to IC 25-1-6.5-3, one (1) member who represents the public at large and is not associated with the home inspection, home building, or real estate business other than as a consumer.

(b) The members of the board must be residents of Indiana.

As added by P.L.145-2003, SEC.7. Amended by P.L.127-2012, SEC.5; P.L.177-2015, SEC.41; P.L.249-2019, SEC.88.

IC 25-20.2-3-3Terms; removal Sec. 3. (a) Each member of the board appointed before July 1, 2019, serves a term of three (3) years and until a successor is appointed and qualified.

(b) Each member of the board appointed after June 30, 2019, serves under IC 25-1-6.5.

As added by P.L.145-2003, SEC.7. Amended by P.L.249-2019, SEC.89.

IC 25-20.2-3-4Chairperson; vice chairperson; terms Sec. 4. (a) Each year the board shall elect a member as chairperson and a member as vice chairperson.

(b) The chairperson and the vice chairperson shall serve in their respective capacities for one (1) year and until a successor is elected.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-3-5Presiding at meetings; presiding officer Sec. 5. (a) The chairperson shall preside at all meetings at which the chairperson is present. The vice chairperson shall preside at meetings in the absence of the chairperson and shall perform other duties as the chairperson directs.

(b) If the chairperson and vice chairperson are absent from a meeting of the board when a quorum exists, the members who are present may elect a presiding officer who shall serve as acting chairperson until the conclusion of the meeting or until the arrival of the chairperson or vice chairperson.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-3-6Board meetings; quorum; majority vote required Sec. 6. (a) The board shall meet at least two (2) times each calendar year upon the call of the chairperson or the written request of a majority of the members of the board.

(b) The chairperson shall establish the date, time, and place for each meeting.

(d) The affirmative vote of a majority of the members appointed to the board is necessary for the board to take official action.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-3-7Salary per diem; travel expenses Sec. 7. Each member of the board is entitled to the minimum salary per diem as provided by IC 4-10-11-2.1(b). Each member of the board is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-3-8Board duties and powers Sec. 8. The board shall:

(1) administer and enforce this article;

(2) adopt rules under IC 4-22-2 that are reasonably necessary or appropriate for the administration and enforcement of this article;

(3) prescribe the requirements for and the form of licenses, applications, and other documents that are required by this article;

(4) grant, deny, suspend, and revoke approval of examinations and courses of study;

(5) issue, deny, suspend, and revoke licenses in accordance with this article;

(6) in accordance with IC 25-1-7, investigate complaints concerning licensees or persons the board has reason to believe should be licensees, including complaints concerning failure to comply with this article or rules adopted under this article, and, when appropriate, take action under IC 25-20.2-8;

(7) bring actions in the name of the state in an appropriate circuit court, superior court, or probate court in order to enforce compliance with this article or rules adopted under this article;

(8) establish fees in accordance with IC 25-1-8;

(9) inspect the records of a licensee in accordance with rules adopted by the board;

(10) conduct or designate a member or other representative to conduct public hearings on any matter for which a hearing is required under this article and exercise all powers granted under IC 4-21.5;

(11) adopt a seal containing the words "Indiana Home Inspectors Licensing Board" and, through the board's secretary, certify copies and authenticate all acts of the board;

(12) in accordance with IC 25-1-5:

(A) use counsel, consultants, and other persons;

(B) enter into contracts; and

that are reasonably necessary or appropriate to administer and enforce this article and rules adopted under this article;

(13) establish continuing education requirements for licensed home inspectors in accordance with IC 25-1-4;

(14) maintain the board's office, files, records, and property in the city of Indianapolis; and

(15) exercise all other powers specifically conferred on the board by this article.

As added by P.L.145-2003, SEC.7. Amended by P.L.84-2016, SEC.106; P.L.29-2026, SEC.39.

IC 25-20.2-3-9Board's duty to adopt rules Sec. 9. The board shall adopt rules under IC 4-22-2 establishing:

(1) standards for the competent performance of home inspections;

(2) a code of ethics for licensed home inspectors; and

(3) standards for home inspection reports prepared by licensed home inspectors.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-4Chapter 4. Licensing Agency; Board Secretary

25-20.2-4-1Board secretary; secretary duties 25-20.2-4-2Licensing agency responsibilities 25-20.2-4-3Money collected 25-20.2-4-4Expenses paid

IC 25-20.2-4-1Board secretary; secretary duties Sec. 1. The agency shall provide the board with a competent person to serve as secretary of the board. The secretary is not a member of the board. The secretary, through the agency, shall:

(1) provide reasonable notice to board members of the date, time, and place of each meeting and provide notice in compliance with IC 5-14-1.5;

(2) keep a complete and accurate record of all:

(A) meetings;

(B) votes taken by the board; and

(3) keep a current file of all licenses and licensees; and

(4) perform any other duties assigned by the board.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-4-2Licensing agency responsibilities Sec. 2. The agency shall provide the board with clerical or other assistants, including investigators, necessary for the proper performance of the board's duties.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-4-3Money collected Sec. 3. The secretary shall receive and account for all money collected under this article and, at the end of each month, report to the state comptroller and deposit the money into the state general fund with the treasurer of state.

As added by P.L.145-2003, SEC.7. Amended by P.L.9-2024, SEC.468.

IC 25-20.2-4-4Expenses paid Sec. 4. All expenses incurred in the administration of this article shall be paid from the state general fund.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-5Chapter 5. Licensing Requirements

25-20.2-5-1License required 25-20.2-5-2Licensing requirements 25-20.2-5-3Waiver of licensing requirements 25-20.2-5-4Nonresident licensing requirements; file consent 25-20.2-5-5Licenses property of board 25-20.2-5-6Notification requirement

IC 25-20.2-5-1License required Sec. 1. Unless exempt under this article, a person may not conduct a home inspection for compensation without first obtaining a license as a home inspector.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-5-2Licensing requirements Sec. 2. (a) An individual who applies for a license as a home inspector must do the following:

(1) Furnish evidence satisfactory to the board showing that the individual:

(A) is at least eighteen (18) years of age;

(B) has graduated from high school or earned an Indiana general educational development (GED) diploma; and

(i) convicted of an act that would constitute a ground for disciplinary sanction under IC 25-1-11;

(ii) convicted of a crime that has a direct bearing on the individual's ability to perform competently and fully as a licensee;

(iii) listed on a national or state registry of sex or violent offenders; or

(iv) the subject of a disciplinary or enforcement action by another state or a local jurisdiction in connection with the performance of home inspections or the licensing or certification of home inspectors.

(2) Verify the information submitted on the application form.

(3) Complete a board approved training program or course of study involving the performance of home inspections and the preparation of home inspection reports and pass an examination prescribed or approved by the board.

(4) Submit to the board a certificate of insurance or other evidence of financial responsibility that is acceptable to the board and that:

(A) is issued by an insurance company or other legal entity authorized to transact business in Indiana;

(B) provides for general liability coverage of at least one hundred thousand dollars ($100,000);

(C) states that cancellation and nonrenewal of the underlying policy or other evidence of financial responsibility is not effective until the board receives at least ten (10) days prior written notice of the cancellation or nonrenewal; and

(D) contains any other terms and conditions established by the board.

(5) Pay a licensing fee established by the board.

(b) An individual applying for a license as a home inspector must apply on a form prescribed and provided by the board.

As added by P.L.145-2003, SEC.7. Amended by P.L.216-2007, SEC.33; P.L.112-2014, SEC.25.

IC 25-20.2-5-3Waiver of licensing requirements Sec. 3. (a) The other licensing requirements of this chapter may be waived for an individual moving to Indiana from another jurisdiction, and the individual may be granted a license as a home inspector if the individual meets the following requirements:

(1) The other jurisdiction grants the same privileges to licensees of Indiana as Indiana grants to licensees of that other jurisdiction.

(2) The individual is licensed in the other jurisdiction.

(3) The licensing requirements of the other jurisdiction are substantially similar to the requirements of this article.

(4) The individual states that the individual has studied, is familiar with, and will abide by this article and the rules adopted by the board under this article.

(b) An individual seeking a license as a home inspector under this section must:

(1) apply on a form prescribed and provided by the board; and

(2) pay the applicable licensing fee established by the board.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-5-4Nonresident licensing requirements; file consent Sec. 4. (a) A nonresident whom the board determines meets the requirements of this article and who files the written consent described in subsection (b) may be licensed as a home inspector in Indiana.

(b) A nonresident applicant shall file with the board a written consent stating that, if licensed:

(1) the applicant agrees to the commencement of any action arising out of the conduct of the applicant's business in Indiana in the county in which the events giving rise to the cause of action occurred;

(2) the applicant:

(A) agrees to provide to the board the name and address of an agent to receive service of process in Indiana; or

(B) consents to the board acting as the applicant's agent for the purpose of receiving service of process, if:

(i) an agent's name and address have not been filed with the board; or

(ii) the agent's name and address on file with the board are incorrect; and

(3) the applicant agrees that service of process in accordance with the Indiana Rules of Trial Procedure is proper service and subjects the applicant to the jurisdiction of Indiana courts.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-5-5Licenses property of board Sec. 5. All licenses issued by the board remain the property of the board.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-5-6Notification requirement Sec. 6. A licensee shall notify the board immediately of any change of:

(1) name;

(2) name under which the licensee conducts business; or

(3) business address.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-6Chapter 6. License Renewal

25-20.2-6-1Expiration of license 25-20.2-6-2License renewal 25-20.2-6-3Renewal notice; renewal fee 25-20.2-6-4Continuing education requirements 25-20.2-6-5Adoption of rules concerning continuing education

IC 25-20.2-6-1Expiration of license Sec. 1. Subject to IC 25-1-2-6(e), a license for a home inspector issued under this article expires on a date established by the licensing agency under IC 25-1-5-4 and shall be renewed biennially upon payment of the required renewal fees.

As added by P.L.145-2003, SEC.7. Amended by P.L.194-2005, SEC.59; P.L.177-2015, SEC.42; P.L.29-2026, SEC.40.

IC 25-20.2-6-2License renewal Sec. 2. (a) An individual who applies to renew a license as a licensed home inspector must:

(1) furnish evidence showing successful completion of the continuing education requirements of this chapter; and

(2) pay the renewal fee established by the board.

(b) Subject to IC 25-1-2-6(e), if the holder of a license does not renew the license on or before the renewal date specified by the licensing agency, the license expires and becomes invalid without any action by the board.

(c) A license may be reinstated by the board not later than (3) years after the expiration of the license if the applicant for reinstatement meets the requirements for reinstatement under IC 25-1-8-6(c).

(d) If a license has been expired for more than three (3) years, the license may be reinstated by the board if the holder meets the requirements for reinstatement under IC 25-1-8-6(d).

As added by P.L.145-2003, SEC.7. Amended by P.L.105-2008, SEC.37; P.L.177-2015, SEC.43.

IC 25-20.2-6-3Renewal notice; renewal fee Sec. 3. (a) Renewal notices must be sent in accordance with IC 25-1-2-6(c).

(b) The renewal fee must be paid in accordance with IC 25-1-8-2(d).

As added by P.L.145-2003, SEC.7.

IC 25-20.2-6-4Continuing education requirements Sec. 4. Before the end of each license period, each licensee must complete the continuing education required by the board. This requirement may not exceed twenty (20) hours per year.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-6-5Adoption of rules concerning continuing education Sec. 5. (a) The board shall adopt rules concerning the continuing education required for the renewal of a license under this chapter.

(b) The rules must do the following:

(1) Establish procedures for approving organizations that provide continuing education.

(2) Prescribe the content, duration, and organization of continuing education courses that contribute to the general competence of home inspectors.

As added by P.L.145-2003, SEC.7. Amended by P.L.194-2005, SEC.60.

IC 25-20.2-7Chapter 7. Authority of Other Jurisdictions to License Home Inspectors

25-20.2-7-1"Political subdivision" 25-20.2-7-2Restriction on agency or political subdivision

IC 25-20.2-7-1"Political subdivision" Sec. 1. As used in this chapter, "political subdivision" has the meaning set forth in IC 36-1-2-13.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-7-2Restriction on agency or political subdivision Sec. 2. An agency or political subdivision of the state (other than the board) may not:

(1) impose a registration or licensing requirement; or

(2) charge a license, an employment, or another fee;

on individuals licensed under this article for activities defined in this article.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-8Chapter 8. Disciplinary Proceedings; Enforcement

25-20.2-8-1Disciplinary actions 25-20.2-8-2Disciplinary hearings 25-20.2-8-3License suspension 25-20.2-8-4Show cause order; cease and desist order 25-20.2-8-5Criminal violations; amount of fee or compensation added to penalty; separate violations 25-20.2-8-6Prove compliance in action to collect fee or other compensation 25-20.2-8-7Judicial review 25-20.2-8-8Board legal adviser

IC 25-20.2-8-1Disciplinary actions Sec. 1. The board may take disciplinary actions against or impose sanctions on a licensee under IC 25-1-11 for any of the following:

(1) Disclosing information concerning the results of a home inspection without the approval of a client or the client's legal representative, except under a court order.

(2) Accepting compensation for the same service from more than one (1) party without the consent of all interested parties.

(3) Accepting commissions or allowances, directly or indirectly, from other parties dealing with the licensee's client in connection with any repair work recommended in the licensee's home inspection report.

(4) Accepting compensation, directly or indirectly, from the licensee's client in connection with any repair work recommended in the licensee's home inspection report.

(5) Failing to disclose to a client information about a business interest of the licensee that may affect the client in connection with any work for which the licensee is responsible.

(6) Knowingly making a false or misleading representation about:

(A) the condition of a residential dwelling for which the licensee has performed or has contracted to perform a home inspection; or

(B) the extent of the services the licensee has performed or will perform.

(7) Committing a felony in the course of the practice of home inspection or committing any act constituting a violation of IC 25-20.2-5-2(a)(1)(C).

(8) Violating any provisions of this article or rules adopted by the board under this article.

(9) Making a false or misleading representation:

(A) in a license or renewal application form; or

(B) in information provided to the board.

(10) Failing to pay any fees or fines required by this article.

(11) Failing to continuously maintain the insurance or other evidence of financial responsibility required by this article.

(12) Communicating to the public false or misleading information about the type of license held by the licensee.

(13) Engaging in a course of lewd or immoral conduct in connection with the delivery of services to clients.

(14) Failing to complete the continuing education requirements established by the board.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-8-2Disciplinary hearings Sec. 2. The procedures set forth in IC 4-21.5 govern the board's conduct of disciplinary hearings.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-8-3License suspension Sec. 3. The board may summarily suspend a license for up to ninety (90) days before a final adjudication or during an appeal of the board's determination if the board finds that the licensee would represent a clear and immediate danger to the public's health, safety, or property if allowed to perform home inspections. The summary suspension may be renewed upon a hearing before the board for up to ninety (90) days.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-8-4Show cause order; cease and desist order Sec. 4. (a) If the board determines that an individual not licensed under this article is engaged in or believed to be engaged in activities for which a license is required under this article, the board may issue an order to that individual requiring the individual to show cause why the individual should not be ordered to cease and desist from such activities. The show cause order must set forth a date, time, and place for a hearing at which the affected individual may appear and show cause why the individual should not be subject to licensing under this article.

(b) If the board, after a hearing, determines that the activities in which the individual is engaged are subject to licensing under this article, the board may issue a cease and desist order that identifies the individual and describes activities that are the subjects of the order.

(c) A cease and desist order issued under this section is enforceable in circuit courts, superior courts, and probate courts.

As added by P.L.145-2003, SEC.7. Amended by P.L.84-2016, SEC.107.

IC 25-20.2-8-5Criminal violations; amount of fee or compensation added to penalty; separate violations Sec. 5. (a) An individual who:

(1) performs or offers to perform home inspections for compensation without being licensed as a home inspector and without being exempt from licensing under law;

(2) presents as the individual's own the license of another;

(3) intentionally gives false or materially misleading information to the board or to a board member in connection with licensing matters;

(4) impersonates another licensee;

(5) uses an expired, a suspended, a revoked, or an otherwise restricted license; or

(6) otherwise violates this article;

commits a Class B infraction.

(b) When entering a judgment for an infraction under this section, the court shall add to any penalty imposed the amount of any fee or other compensation earned by the individual in the commission of the infraction.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-8-6Prove compliance in action to collect fee or other compensation Sec. 6. In all actions for the collection of a fee or other compensation for performing home inspections, the party seeking relief must allege and prove that, at the time the cause of action arose, the party seeking relief was not in violation of section 5 of this chapter.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-8-7Judicial review Sec. 7. An individual who applies for a license or a licensee who is aggrieved by an order or a determination of the board is entitled to a judicial review under IC 4-21.5.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-8-8Board legal adviser Sec. 8. The attorney general shall act as the legal adviser for the board and provide any legal assistance necessary to carry out this article.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-9Chapter 9. Liability and Immunity From Liability

25-20.2-9-1Statute of limitations 25-20.2-9-2Immunity from liability if not party to contract 25-20.2-9-3Immunity from liability

IC 25-20.2-9-1Statute of limitations Sec. 1. An action for damages, whether brought in contract or tort or on any other basis, based upon professional services that were rendered or that should have been rendered by a licensed home inspector may not be brought, commenced, or maintained unless the action is filed not more than two (2) years after the date the cause of action accrues.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-9-2Immunity from liability if not party to contract Sec. 2. A licensed home inspector is not liable to a person for damages that arise from an act or omission relating to a home inspection if the person is not a party to the contract under which the home inspection is conducted.

As added by P.L.145-2003, SEC.7.

IC 25-20.2-9-3Immunity from liability Sec. 3. A person who in good faith recommends or endorses a licensed home inspector without compensation, remuneration, rebate, or other form of consideration is not liable for the actions of the licensed home inspector, including errors, omissions, the failure to perform contracted duties of a home inspection, or the failure to meet the standards of performance, report writing standards, or code of ethics established by the board.

As added by P.L.145-2003, SEC.7.

IC 25-20.5ARTICLE 20.5. REPEALEDRepealed by P.L.85-2017, SEC.99.

IC 25-20.7ARTICLE 20.7. INTERIOR DESIGNERS

Ch. 1.Definitions Ch. 2.Registration Requirements Ch. 3.Fees Ch. 4.Expiration of Registration Ch. 5.Unlawful Practice

IC 25-20.7-1Chapter 1. Definitions

25-20.7-1-1Application of definitions 25-20.7-1-2Agency 25-20.7-1-3Applicant 25-20.7-1-4ARE 25-20.7-1-5Interior design 25-20.7-1-6Interior designer 25-20.7-1-7NCIDQ 25-20.7-1-8Nonstructural or nonseismic 25-20.7-1-9Reflected ceiling plan 25-20.7-1-10Registered interior designer 25-20.7-1-11Space planning

IC 25-20.7-1-1Application of definitions Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.177-2009, SEC.37.

IC 25-20.7-1-2Agency Sec. 2. "Agency" means the Indiana professional licensing agency established by IC 25-1-5-3.

As added by P.L.177-2009, SEC.37.

IC 25-20.7-1-3Applicant Sec. 3. "Applicant" means an interior designer who applies for a registration under this article.

As added by P.L.177-2009, SEC.37.

IC 25-20.7-1-4ARE Sec. 4. "ARE" refers to the Architectural Registration Exam.

As added by P.L.177-2009, SEC.37.

IC 25-20.7-1-5Interior design Sec. 5. (a) "Interior design" means client consultation and preparation and administration of design documents that include:

(1) design studies;

(2) drawings;

(3) schedules;

(4) specifications; and

(5) contracts;

relating to nonstructural and nonseismic interior elements of a building or structure.

(b) The term includes design documents for space plans, reflected ceiling plans, egress, ergonomics, and the design or specification of fixtures, furnishings, equipment, cabinetry, lighting, materials, finishes, and interior design that does not materially affect the building system.

(c) The term does not include construction documents for construction (as defined in 675 IAC 12-6-2(c)) that are prepared only by architects and engineers and filed for state design release.

As added by P.L.177-2009, SEC.37.

IC 25-20.7-1-6Interior designer Sec. 6. "Interior designer" means a person who practices interior design.

As added by P.L.177-2009, SEC.37.

IC 25-20.7-1-7NCIDQ Sec. 7. "NCIDQ" refers to the National Council for Interior Design Qualification.

As added by P.L.177-2009, SEC.37.

IC 25-20.7-1-8Nonstructural or nonseismic Sec. 8. "Nonstructural or nonseismic" means interior elements or components that:

(1) are not load bearing or do not assist in the seismic design of a building;

(2) do not require design computations for the structure of a building; and

(3) do not include the structural frame system supporting a building.

The term includes ceiling and partition systems that employ normal and typical bracing conventions and are not part of the structural integrity of the building.

As added by P.L.177-2009, SEC.37.

IC 25-20.7-1-9Reflected ceiling plan Sec. 9. "Reflected ceiling plan" means a ceiling design that illustrates a ceiling as if the ceiling were projected downward and may include lighting elements.

As added by P.L.177-2009, SEC.37.

IC 25-20.7-1-10Registered interior designer Sec. 10. "Registered interior designer" means a person registered under this article.

As added by P.L.177-2009, SEC.37.

IC 25-20.7-1-11Space planning Sec. 11. "Space planning" means the analysis of design or spatial and occupancy requirements, including space layouts and final planning.

As added by P.L.177-2009, SEC.37.

IC 25-20.7-2Chapter 2. Registration Requirements

25-20.7-2-1Application of article 25-20.7-2-2Exemption from article 25-20.7-2-3Exemption from article 25-20.7-2-4Maintaining electronic registry 25-20.7-2-5Electronic registry 25-20.7-2-6Examination waiver 25-20.7-2-7Qualifications for registration 25-20.7-2-8Registration of applicants 25-20.7-2-9Registration renewal 25-20.7-2-10Continuing education 25-20.7-2-11Renewal requirements 25-20.7-2-12Application of certain rules

IC 25-20.7-2-1Application of article Sec. 1. This article applies to a person who practices interior design after December 31, 2009.

As added by P.L.177-2009, SEC.37.

IC 25-20.7-2-2Exemption from article Sec. 2. This article does not apply to an owner or employee of a manufacturing, wholesale, or retail establishment who provides consultation regarding interior decoration or furnishing:

(1) on the premises of the establishment;

(2) for purposes of an actual or prospective retail sale; or

(3) in the design, construction, ordering, or sale of:

(A) recreational vehicles;

(B) manufactured homes certified through the United States Department of Housing and Urban Development; or

As added by P.L.177-2009, SEC.37.

IC 25-20.7-2-3Exemption from article Sec. 3. This article does not apply to a person who:

(1) does not profess to be a registered interior designer; and

(2) is:

(A) an architect registered under IC 25-4; or

(B) a professional engineer registered under IC 25-31.

As added by P.L.177-2009, SEC.37.

IC 25-20.7-2-4Maintaining electronic registry Sec. 4. Under IC 25-1-5.5, the agency shall maintain an electronic registry of all interior designers who:

(1) electronically apply for and meet the registration requirements under this article;

(2) swear or affirm under penalty of perjury that the interior designer's representations and information provided to the agency are true; and

(3) pay the fees under IC 25-20.7-3.

As added by P.L.177-2009, SEC.37.

IC 25-20.7-2-5Electronic registry Sec. 5. Except as provided in section 8 of this chapter, the agency shall electronically register only an applicant who does the following:

(1) Electronically applies for the registration on a form prescribed by the agency.

(2) Meets the requirements of this article.

(3) Except as provided in section 6 or 8 of this chapter, passes:

(A) the examination administered by the NCIDQ; or

(B) the ARE.

(4) Pays the registration fee under IC 25-20.7-3.

As added by P.L.177-2009, SEC.37.

IC 25-20.7-2-6Examination waiver Sec. 6. The examination requirement under section 5(3) of this chapter is waived if the applicant holds a current certificate issued by the NCIDQ or documentation of the successful completion of the ARE.

As added by P.L.177-2009, SEC.37.

IC 25-20.7-2-7Qualifications for registration Sec. 7. To qualify for registration under this article, an applicant must not have a conviction for:

(1) an act that would constitute a ground for disciplinary sanction under IC 25-1-11; or

(2) a felony that has a direct bearing on the applicant's ability to practice competently.

As added by P.L.177-2009, SEC.37.

IC 25-20.7-2-8Registration of applicants Sec. 8. The agency shall register an applicant who:

(1) applies for registration under this article before December 31, 2011;

(2) meets all the registration requirements under this article other than the requirement under section 5(3) of this chapter; and

(3) meets one (1) or more of the following:

(A) Has:

(i) received at least two (2) years of interior design education; and

(ii) practiced in the field of interior design for at least ten (10) years.

(B) Has practiced interior design for at least fifteen (15) years.

As added by P.L.177-2009, SEC.37.

IC 25-20.7-2-9Registration renewal Sec. 9. The agency shall renew a registration of a registered interior designer only if the registered interior designer meets the following conditions:

(1) The applicant successfully completes the continuing education requirements under this chapter.

(2) The applicant pays the renewal fee under IC 25-20.7-3.

(3) Except for an applicant who is registered under section 8 of this chapter, the applicant:

(A) has documentation of successful completion of the examination administered by the ARE; or

(B) holds a current certificate issued by the NCIDQ.

As added by P.L.177-2009, SEC.37.

IC 25-20.7-2-10Continuing education Sec. 10. A registered interior designer must complete at least twelve (12) hours of continuing education in interior design or a discipline related to the practice of interior design for the renewal of a certificate of registration under this chapter.

As added by P.L.177-2009, SEC.37.

IC 25-20.7-2-11Renewal requirements Sec. 11. A registered interior designer who continues to actively practice interior design shall:

(1) renew the registration not more than ninety (90) days before the expiration of the registration; and

(2) pay the renewal fee under IC 25-20.7-3.

IC 25-1-2-6(e) applies to the renewal of the registration of a registered interior designer under this article.

As added by P.L.177-2009, SEC.37. Amended by P.L.177-2015, SEC.44.

IC 25-20.7-2-12Application of certain rules Sec. 12. This article is not intended to relieve a registered interior designer from complying with any rule adopted under IC 22-13-2-13.

As added by P.L.177-2009, SEC.37.

IC 25-20.7-3Chapter 3. Fees

25-20.7-3-1Fees

IC 25-20.7-3-1Fees Sec. 1. (a) The agency shall collect the following fees under this article:

(1) An initial registration fee of one hundred dollars ($100).

(2) A biennial renewal fee of one hundred dollars ($100).

(3) A restoration fee of one hundred dollars ($100).

(b) The fees collected by the agency under this article shall be deposited by the agency in the same manner as other fees collected by the agency are deposited.

As added by P.L.177-2009, SEC.37.

IC 25-20.7-4Chapter 4. Expiration of Registration

25-20.7-4-1Renewal of lapsed registration 25-20.7-4-2Lapsed registrations for more than five years

IC 25-20.7-4-1Renewal of lapsed registration Sec. 1. A registered interior designer who fails to renew the interior designer's certificate of registration for a period of not more than five (5) years after the date the registration expires may renew the registration at any time within the five (5) year period after the registration expires by:

(1) electronically applying to the agency for renewal of the registration;

(2) completing twelve (12) hours of continuing education in interior design or a discipline related to the practice of interior design within the two (2) years immediately preceding the interior designer's application for renewal of registration under this section; and

(3) paying the biennial renewal fee and the restoration fee under IC 25-20.7-3-1.

As added by P.L.177-2009, SEC.37.

IC 25-20.7-4-2Lapsed registrations for more than five years Sec. 2. After the five (5) year period referred to in section 1 of this chapter, the following apply:

(1) The agency may not restore the expired registration of an interior designer.

(2) To again be registered under this chapter, an interior designer must:

(A) make the same application to the agency as an applicant who has not been previously registered; and

(B) meet all the requirements set forth in this article for an initial registration.

As added by P.L.177-2009, SEC.37.

IC 25-20.7-5Chapter 5. Unlawful Practice

25-20.7-5-1Prohibited activities; penalty 25-20.7-5-2Person allowed to practice interior design 25-20.7-5-3Civil judgments; removal from registry

IC 25-20.7-5-1Prohibited activities; penalty Sec. 1. (a) A person may not use the title "registered interior designer" or any title designation sign, card, or device indicating that the person is a registered interior designer unless the person is registered with the agency under this article.

(b) A person may not:

(1) present as the person's own registration under this article the registration of another person;

(2) make any false statement or representation or make a material omission of fact of any kind in obtaining a registration;

(3) impersonate any other registered interior designer; or

(4) use an expired, suspended, or revoked registration.

As added by P.L.177-2009, SEC.37.

IC 25-20.7-5-2Person allowed to practice interior design Sec. 2. This article does not prevent a person from practicing interior design if the person does not use a title or designation under this chapter.

As added by P.L.177-2009, SEC.37.

IC 25-20.7-5-3Civil judgments; removal from registry Sec. 3. (a) If a civil judgment is entered against an interior designer by a court with jurisdiction in a civil judicial proceeding for negligence, recklessness, willful misconduct, or other breach of a standard of care in the practice of interior design, the interior designer must, within a reasonable time, remove the designer's name from the electronic registry maintained by the agency under IC 25-1-5.5.

(b) An interior designer against whom a civil judgment described in subsection (a) has been entered may not be registered under this article.

As added by P.L.177-2009, SEC.37.

IC 25-21ARTICLE 21. REPEALEDRepealed by P.L.355-1989(ss), SEC.16.

IC 25-21.5ARTICLE 21.5. LAND SURVEYORS

Ch. 1.Definitions Ch. 2.State Board of Registration for Land Surveyors Ch. 3.Licensing Agency; Board Secretary Ch. 4.Registration; Exceptions Ch. 5.Application for Registration Ch. 6.Examinations Ch. 7.Certificate of Registration Ch. 8.Renewal of Certificates Ch. 9.Authority of Land Surveyor Ch. 10.Repealed Ch. 11.Injunctions Ch. 12.Revocation and Suspension Ch. 13.Actions and Violations

IC 25-21.5-1Chapter 1. Definitions

25-21.5-1-1Application of chapter 25-21.5-1-2Approved land surveying curriculum 25-21.5-1-2.5"Authoritative" 25-21.5-1-3Board 25-21.5-1-3.2"Boundary marker" 25-21.5-1-3.5"GIS" 25-21.5-1-3.7"GNSS" 25-21.5-1-4Repealed 25-21.5-1-5Repealed 25-21.5-1-6Licensing agency 25-21.5-1-6.5"Original survey" 25-21.5-1-6.7"Person" 25-21.5-1-7"Practice of surveying" 25-21.5-1-8"Practice or offer to practice surveying" 25-21.5-1-8.5"Professional surveyor" 25-21.5-1-8.7"Retracement survey" 25-21.5-1-9Secretary 25-21.5-1-9.7"Surveyor intern"

IC 25-21.5-1-1Application of chapter Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.23-1991, SEC.12.

IC 25-21.5-1-2Approved land surveying curriculum Sec. 2. "Approved land surveying curriculum" means a land surveying curriculum of at least four (4) years that includes the fundamentals of land surveying and that has been approved by the board.

As added by P.L.23-1991, SEC.12.

IC 25-21.5-1-2.5"Authoritative" Sec. 2.5. "Authoritative" means being presented as trustworthy and competent when used to describe products, processes, applications, or data resulting from the practice of surveying. For purposes of this article, GIS or electronic map data are not considered as authoritative survey products except when prepared by or under the supervision of a professional surveyor.

As added by P.L.57-2013, SEC.32.

IC 25-21.5-1-3Board Sec. 3. "Board" refers to the state board of registration for professional surveyors.

As added by P.L.23-1991, SEC.12. Amended by P.L.57-2013, SEC.33.

IC 25-21.5-1-3.2"Boundary marker" Sec. 3.2. "Boundary marker" means a symbol, sign, or object placed by a:

(1) professional surveyor; or

(2) person acting under the direct supervision of a professional surveyor;

for the purpose of demarking any point, course, or line in the boundary of a tract of land.

As added by P.L.10-2024, SEC.1.

IC 25-21.5-1-3.5"GIS" Sec. 3.5. "GIS" means geographic information system.

As added by P.L.57-2013, SEC.34.

IC 25-21.5-1-3.7"GNSS" Sec. 3.7. "GNSS" means global navigation satellite system.

As added by P.L.57-2013, SEC.35.

IC 25-21.5-1-4RepealedAs added by P.L.23-1991, SEC.12. Repealed by P.L.57-2013, SEC.36.

IC 25-21.5-1-5RepealedAs added by P.L.23-1991, SEC.12. Repealed by P.L.57-2013, SEC.37.

IC 25-21.5-1-6Licensing agency Sec. 6. "Licensing agency" refers to the Indiana professional licensing agency established under IC 25-1-5-3.

As added by P.L.23-1991, SEC.12. Amended by P.L.1-2006, SEC.443.

IC 25-21.5-1-6.5"Original survey" Sec. 6.5. "Original survey" means a survey that is executed for purposes of locating and describing real property that has not been previously described in one (1) or more documents conveying an interest in the real property.

As added by P.L.159-2018, SEC.1.

IC 25-21.5-1-6.7"Person" Sec. 6.7. "Person" means the following:

(1) An entity.

(2) A corporation.

(3) An individual.

(4) A limited liability company.

(5) A partnership.

As added by P.L.10-2024, SEC.2.

IC 25-21.5-1-7"Practice of surveying" Sec. 7. (a) "Practice of surveying" means providing, or offering to provide, professional services involving:

(1) the making of geometric measurements of, and gathering related information pertaining to, the physical or legal features of the earth, improvements on the earth, the space above the earth, or any part of the earth; and

(2) the use and development of the measurements and information gathered under subdivision (1) into survey products, including graphics, digital data, maps, plats, plans, reports, and descriptions and projects.

(b) Professional services provided under the practice of surveying include consultation, investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling, and interpreting gathered measurements and information related to any of the following:

(1) Determining the configuration or contour of the earth's surface or the position of fixed objects thereon by measuring lines and angles and applying the principles of mathematics or photogrammetry.

(2) Determining the size and shape of the earth, or any point on the earth, by performing geodetic surveys using angular and linear measurements through spatially oriented spherical geometry.

(3) Determining, by the use of principles of surveying, the position for any nonboundary related survey control monument or reference point, or setting, resetting, or replacing any nonboundary related monument or reference point.

(4) Locating, relocating, establishing, reestablishing, laying out, retracing, or marking any property or boundary line or corner of any tract of land or of any right-of-way or easement.

(5) Making any survey or preparing any plat for the subdivision of any tract of land.

(6) Determining, by the use of principles of surveying, the position for any boundary related survey monument or reference point, or setting, resetting, or replacing any monument or reference point.

(7) Preparing a description for any parcel or boundary of land, or for any right-of-way or easement, except when prepared by an attorney who is licensed to practice law in Indiana.

(8) Determining the amount of acreage contained in any parcel of land, except when determined by an attorney who is licensed to practice law in Indiana.

(9) Performing construction staking or layout of the control for any elements of an engineering, building, or construction project, if the position of an element is:

(A) dependent on;

(B) in specific relation to; or

a boundary, property line, or corner, including easements and rights-of-way.

(10) For and within subdivisions being designed by a professional surveyor, the preparation and furnishing of plats, plans, and profiles for roads, storm drainage, sanitary sewer extensions, and the location of residences or dwellings where the work involves the use and application of standards prescribed by local, state, or federal authorities.

(11) All work incidental to cleaning out, reconstructing, or maintaining existing open and tile drains.

(12) Creating, preparing, or modifying electronic or computerized data relative to the performance of the activities described in this subsection.

(c) Activities included within the practice of surveying that must be accomplished under the responsible charge of a professional surveyor, unless specifically exempted under subsection (d), include the following:

(1) The creation of maps and geo-referenced data bases representing authoritative locations for boundaries, fixed works, or topography, either by terrestrial surveying methods or by photogrammetric or GNSS locations. This includes maps and geo-referenced data bases prepared by any person, firm, or government agency if that data is provided to the public as a survey product.

(2) Original data acquisition, or the resolution of conflicts between multiple data sources, when used for the authoritative location of features within the following data themes:

(A) Geodetic control.

(B) Orthoimagery.

(D) Fixed works.

(E) Government boundaries.

(F) Cadastral information.

(3) Certification of positional accuracy of maps or measured survey data.

(4) Measurement, adjustment, and authoritative interpretation of raw survey data.

(5) GIS-based parcel or cadastral mapping used for authoritative boundary definition purposes wherein land title or development rights for individual parcels are, or may be, affected.

(6) Interpretation of maps, deeds, or other land title documents to resolve conflicting data elements within cadastral documents of record.

(7) Acquisition of field data required to authoritatively position fixed works or cadastral data to geodetic control.

(8) Adjustment or transformation of cadastral data to improve the positional accuracy of the parcel layer or layers with respect to the geodetic control layer within a GIS for purposes of affirming positional accuracy.

(d) A distinction is made in this subsection, in the use of electronic systems, between making or documenting original measurements in the creation of survey products and the copying, interpretation, or representation of those measurements in systems. Further, a distinction is made according to the intent, use, or purpose of measurement products in electronic systems, between the determination of authoritative locations and the use of those products as a locational reference for planning, infrastructure management, and general information. The following items are not included as activities within the definition of the practice of surveying:

(1) The creation of general maps:

(A) prepared by private firms or government agencies for use as guides to motorists, boaters, aviators, or pedestrians;

(B) prepared for publication in a gazetteer or atlas as an educational tool or reference publication;

(D) produced by any electronic or print media firm as an illustrative guide to the geographic location of any event; or

(E) prepared by lay persons for conversational or illustrative purposes, including advertising material and users' guides.

(2) The transcription of previously geo-referenced data into a geographic information system by manual or electronic means, and the maintenance thereof, if the data are clearly not intended to indicate the authoritative location of property boundaries, the precise definition of the shape or contour of the earth, and the precise location of fixed works of humans.

(3) The transcription of public record data, without modification except for graphical purposes, into geographic information systems-based cadastres, including tax maps, zoning maps, and associated records by manual or electronic means, and the maintenance of that cadastre, if the data are clearly not intended to authoritatively represent property boundaries.

(4) The preparation of any document by any agency of the federal government that does not define real property boundaries, including civilian and military versions of quadrangle topographic maps, military maps, satellite imagery, and other similar documents.

(5) The incorporation or use of documents or data bases prepared by any federal agency into a geographic information system, including federal census and demographic data, quadrangle topographic maps, and military maps.

(6) Inventory maps and data bases created by any organization, in either hard copy or electronic form, of physical features, facilities, or infrastructure that are wholly contained within properties to which the organization has rights or for which the organization has management responsibility. The distribution of these maps and data bases outside the organization must contain appropriate metadata describing, at a minimum, the accuracy, method of compilation, data source or sources, and date or dates, and disclaimers of use clearly indicating that the data are not intended to be used as a survey product.

(7) Maps, cross-sections, graphics, and data bases depicting the distribution of natural resources or phenomena prepared by foresters, geologists, soil scientists, geophysicists, biologists, archeologists, historians, or other persons qualified to document and interpret the data in the context of their respective practices.

(8) Maps and geo-referenced data bases depicting physical features and events prepared by any government agency if the access to that data is restricted by statute, including geo-referenced data generated by law enforcement agencies involving crime statistics and criminal activities.

(9) Classified parcels developed in accordance with IC 6-1.1-6-9(c).

(e) The use of photogrammetric methods or similar remote sensing technology to perform any part of the practice of surveying as defined in this section may be performed only under the direct control and supervision of a professional surveyor or professional photogrammetrists who maintain a current title of "Certified Photogrammetrist" from a national scientific organization having a process for certifying photogrammetrists.

(f) The practice of surveying encompasses a number of disciplines, including geodetic surveying, hydrographic surveying, cadastral surveying, construction staking, route surveying, photogrammetric surveying, and topographic surveying. A professional surveyor may practice only within the surveyor's area of expertise.

As added by P.L.23-1991, SEC.12. Amended by P.L.218-1993, SEC.1; P.L.57-2013, SEC.38; P.L.2-2014, SEC.106; P.L.219-2014, SEC.35.

IC 25-21.5-1-8"Practice or offer to practice surveying" Sec. 8. "Practice or offer to practice surveying" means the act of a person who does any of the following:

(1) By verbal claim, sign, advertisement, letterhead, card, telephone listing, or in any other way represents the person as a professional surveyor.

(2) Performs or offers to perform any acts or work involving the practice of professional surveying.

As added by P.L.23-1991, SEC.12. Amended by P.L.57-2013, SEC.39.

IC 25-21.5-1-8.5"Professional surveyor" Sec. 8.5. "Professional surveyor" means a person who:

(1) has special knowledge of mathematics and surveying principles and methods that are acquired by education and practical experience; and

(2) is a registered professional surveyor.

As added by P.L.57-2013, SEC.40.

IC 25-21.5-1-8.7"Retracement survey" Sec. 8.7. "Retracement survey" means a survey of real property that has been previously described in one (1) or more documents conveying an interest in the real property.

As added by P.L.159-2018, SEC.2.

IC 25-21.5-1-9Secretary Sec. 9. "Secretary" has the meaning under IC 25-1-5-5(c).

As added by P.L.23-1991, SEC.12. Amended by P.L.29-2026, SEC.41.

IC 25-21.5-1-9.7"Surveyor intern" Sec. 9.7. "Surveyor intern" means a person who:

(1) has:

(A) graduated from an approved surveying curriculum of at least four (4) years; or

(B) acquired, through surveying education and experience in surveying work, knowledge and skill approximating that obtained by graduation from an approved surveying curriculum of at least four (4) years;

(2) has successfully passed an examination as prescribed under IC 25-21.5-6; and

(3) has been issued an appropriate certificate of enrollment as a surveyor intern under IC 25-21.5-7-2.

As added by P.L.57-2013, SEC.41.

IC 25-21.5-2Chapter 2. State Board of Registration for Land Surveyors

25-21.5-2-1Establishment 25-21.5-2-2Membership 25-21.5-2-3Term of service 25-21.5-2-4Certificate of appointment 25-21.5-2-5Oath or affirmation; filing 25-21.5-2-6Removal 25-21.5-2-7Per diem; traveling expenses 25-21.5-2-8Chairman and vice chairman; acting chairman 25-21.5-2-9Authorization to attend conferences or meetings 25-21.5-2-10Seal 25-21.5-2-11Meetings 25-21.5-2-12Quorum 25-21.5-2-13Office quarters 25-21.5-2-14Enforcement and administration of article; adoption of rules

IC 25-21.5-2-1Establishment Sec. 1. The state board of registration for professional surveyors is established.

As added by P.L.23-1991, SEC.12. Amended by P.L.57-2013, SEC.42.

IC 25-21.5-2-2Membership Sec. 2. (a) The board consists of five (5) members appointed by the governor.

(b) Subject to IC 25-1-6.5-3, one (1) member must be appointed to represent the general public who is:

(1) a resident of Indiana; and

(2) not associated with surveying other than as a consumer.

(c) Subject to IC 25-1-6.5-3, four (4) members must be registered professional surveyors who engage in the practice of surveying and who each meet the following conditions:

(1) Is a citizen of the United States.

(2) Has been a resident of Indiana for at least five (5) years immediately before the member's appointment.

(3) Is registered in Indiana as a professional surveyor.

(4) Has been engaged in the lawful practice of surveying for at least eight (8) years.

(5) Has been in charge of surveying work or surveying teaching for at least five (5) years.

As added by P.L.23-1991, SEC.12. Amended by P.L.178-1997, SEC.4; P.L.227-2001, SEC.5; P.L.57-2013, SEC.43; P.L.249-2019, SEC.90.

IC 25-21.5-2-3Term of service Sec. 3. A member of the board serves a term under IC 25-1-6.5.

As added by P.L.23-1991, SEC.12. Amended by P.L.249-2019, SEC.91.

IC 25-21.5-2-4Certificate of appointment Sec. 4. The governor shall provide each member of the board a certificate of appointment.

As added by P.L.23-1991, SEC.12.

IC 25-21.5-2-5Oath or affirmation; filing Sec. 5. A member of the board must, before beginning the term of office, file with the secretary a written oath or affirmation for the faithful discharge of the member's official duties.

As added by P.L.23-1991, SEC.12.

IC 25-21.5-2-6Removal Sec. 6. The governor may remove a member of the board under IC 25-1-6.5-4.

As added by P.L.23-1991, SEC.12. Amended by P.L.249-2019, SEC.92.

IC 25-21.5-2-7Per diem; traveling expenses Sec. 7. (a) Each member of the board who is not a state employee or a county surveyor is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b), including out-of-state meetings that are approved by the board. The member is also entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.

(b) Each member of the board who is a state employee or a county surveyor is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.

As added by P.L.23-1991, SEC.12.

IC 25-21.5-2-8Chairman and vice chairman; acting chairman Sec. 8. (a) Each year the board shall elect a member as chairman and a member as vice chairman.

(b) If the chairman and vice chairman are absent from a meeting of the board when a quorum exists, the members who are present may elect a presiding officer who shall serve as acting chairman until the conclusion of the meeting or until the arrival of the chairman or vice chairman.

As added by P.L.23-1991, SEC.12. Amended by P.L.178-1997, SEC.5.

IC 25-21.5-2-9Authorization to attend conferences or meetings Sec. 9. The board may authorize a member of the board or the secretary to attend a surveying conference or meeting that is primarily concerned with the registration of professional surveyors.

As added by P.L.23-1991, SEC.12. Amended by P.L.57-2013, SEC.44.

IC 25-21.5-2-10Seal Sec. 10. The board shall adopt and use an official seal.

As added by P.L.23-1991, SEC.12.

IC 25-21.5-2-11Meetings Sec. 11. The board shall hold at least two (2) regular meetings each year in Indianapolis. The board may hold special meetings that the board considers necessary.

As added by P.L.23-1991, SEC.12.

IC 25-21.5-2-12Quorum Sec. 12. A quorum of the board consists of a majority of the appointed members.

As added by P.L.23-1991, SEC.12. Amended by P.L.249-2019, SEC.93.

IC 25-21.5-2-13Office quarters Sec. 13. The state shall provide the board suitable office quarters in Indianapolis. The office may be shared with the state board of registration for professional engineers.

As added by P.L.23-1991, SEC.12.

IC 25-21.5-2-14Enforcement and administration of article; adoption of rules Sec. 14. (a) The board shall enforce and administer this article.

(b) The board shall adopt rules under IC 4-22-2 that are reasonably necessary to implement this article, including for the administration of the professional surveyor and surveyor intern investigative fund established under IC 25-21.5-11-4, and establish standards for the competent practice of surveying.

As added by P.L.23-1991, SEC.12. Amended by P.L.194-2005, SEC.61; P.L.57-2013, SEC.45.

IC 25-21.5-3Chapter 3. Licensing Agency; Board Secretary

25-21.5-3-1Secretary; appointment; duties 25-21.5-3-2Clerks, assistants, and investigators 25-21.5-3-3Joint personnel with professional engineers registration board 25-21.5-3-4Receipt and deposit of money; expenses; fee

IC 25-21.5-3-1Secretary; appointment; duties Sec. 1. The licensing agency shall provide the board with a competent person to serve as secretary of the board. The secretary may not be a member of the board. The secretary, through the licensing agency, shall keep a complete and accurate record of all proceedings of the board and perform any other duties assigned by the board.

As added by P.L.23-1991, SEC.12.

IC 25-21.5-3-2Clerks, assistants, and investigators Sec. 2. The licensing agency shall provide the board clerical or other assistants, including investigators, that are necessary for the proper performance of the board's duties.

As added by P.L.23-1991, SEC.12.

IC 25-21.5-3-3Joint personnel with professional engineers registration board Sec. 3. The licensing agency may assign joint personnel to work for both the board and the state board of registration for professional engineers.

As added by P.L.23-1991, SEC.12.

IC 25-21.5-3-4Receipt and deposit of money; expenses; fee Sec. 4. (a) Except as provided in IC 25-21.5-11-4 and subsection (b), the secretary shall receive and account for all money collected under this article and deposit the money in the state general fund with the treasurer of state. All expenses incurred in the administration of this article shall be paid from the state general fund.

(b) In addition to a registration fee determined under IC 25-21.5-7-5, the board shall establish a fee of not more than twenty dollars ($20) for a professional surveyor and a surveyor intern to be paid at the time of:

(1) issuance of a certificate of registration or certificate of enrollment; and

(2) renewal of a certificate of registration or certificate of enrollment;

under this article to provide funds for administering and enforcing this article, including investigating and taking action against persons violating this article. All funds collected under this subsection shall be deposited in the professional surveyor and surveyor intern investigative fund established by IC 25-21.5-11-4.

As added by P.L.23-1991, SEC.12. Amended by P.L.194-2005, SEC.62; P.L.177-2006, SEC.4; P.L.57-2013, SEC.46.

IC 25-21.5-4Chapter 4. Registration; Exceptions

25-21.5-4-1Persons required to register 25-21.5-4-2Exemptions 25-21.5-4-3Surveying on privately owned or leased property; registration 25-21.5-4-4Expired

IC 25-21.5-4-1Persons required to register Sec. 1. For the purpose of safeguarding life, health, and property, a person must be registered or exempted as a professional surveyor to do the following:

(1) Practice or offer to practice surveying in Indiana.

(2) Advertise or use a title or description tending to convey the impression that the person is a professional surveyor.

As added by P.L.23-1991, SEC.12. Amended by P.L.57-2013, SEC.47.

IC 25-21.5-4-2Exemptions Sec. 2. The following persons are exempt from this article:

(1) An employee or a subordinate of a person who holds a certificate of registration under this article if the practice of the employee or subordinate does not include responsible charge of design or supervision.

(2) An officer or employee of the United States government while engaged in Indiana in the practice of surveying for the United States government.

As added by P.L.23-1991, SEC.12. Amended by P.L.57-2013, SEC.48.

IC 25-21.5-4-3Surveying on privately owned or leased property; registration Sec. 3. This article does not require registration for the purpose of practicing surveying by a person, firm, or corporation on property owned or leased by the person, firm, or corporation unless the practice involves the following:

(1) Public health or safety.

(2) The health or safety of the employees of the person, firm, or corporation.

(3) Activities excluded from the definition of the practice of surveying under IC 25-21.5-1-7(b)(4) through IC 25-21.5-1-7(b)(8).

As added by P.L.23-1991, SEC.12. Amended by P.L.57-2013, SEC.49.

IC 25-21.5-4-4ExpiredAs added by P.L.57-2013, SEC.50. Expired 1-1-2014 by P.L.57-2013, SEC.50.

IC 25-21.5-5Chapter 5. Application for Registration

25-21.5-5-1Records 25-21.5-5-2Qualifications for registration 25-21.5-5-3Surveyor intern; conditions for certification 25-21.5-5-4Convictions; eligibility for registration or certification 25-21.5-5-5Qualification of applicants; credit for education 25-21.5-5-6Persons not in surveying; eligibility for registration 25-21.5-5-7Forms for application 25-21.5-5-8Contents; application for registration 25-21.5-5-9Contents; application for certification 25-21.5-5-9.5Contents of references for professional surveyors and surveyor interns 25-21.5-5-10Certification of correct statements; penalty for false statements

IC 25-21.5-5-1Records Sec. 1. The board shall keep a record of the board's proceedings and a record of each application for registration.

As added by P.L.23-1991, SEC.12.

IC 25-21.5-5-2Qualifications for registration Sec. 2. To qualify for registration as a professional surveyor, an applicant must meet the following conditions under either subdivision (1) or (2):

(1) All of the following:

(A) Graduation in an approved surveying curriculum.

(B) A specific record of at least four (4) years of experience in surveying work that is acquired subsequent to graduation and that indicates that the applicant is qualified to be placed in responsible charge of surveying work requiring the exercise of judgment in the application of surveying sciences to the sound solution of surveying problems.

(2) All of the following:

(A) A specific record of at least eight (8) years of surveying education and experience in surveying work that indicates that the applicant has acquired knowledge and skill and practical experience in surveying work approximating that required for registration as a professional surveyor under subdivision (1).

(B) The successful passing of an examination under IC 25-21.5-6.

As added by P.L.23-1991, SEC.12. Amended by P.L.57-2013, SEC.51.

IC 25-21.5-5-3Surveyor intern; conditions for certification Sec. 3. (a) An applicant for certification as a surveyor intern must meet the following conditions under either subdivision (1) or (2):

(1) All of the following:

(A) Graduation in an approved surveying curriculum of at least four (4) years.

(B) The successful passing of a surveyor intern examination under IC 25-21.5-6.

(2) All of the following:

(A) A specific record of at least four (4) years of surveying education and experience in surveying work indicating that the applicant has acquired knowledge and skill approximating that acquired through graduation in an approved surveying curriculum of at least four (4) years.

(B) The successful passing of a surveyor intern examination under IC 25-21.5-6.

(b) The board may waive the examination in granting a certificate of registration as a professional surveyor to an applicant who has held an identical certificate of registration under Indiana law.

As added by P.L.23-1991, SEC.12. Amended by P.L.57-2013, SEC.52.

IC 25-21.5-5-4Convictions; eligibility for registration or certification Sec. 4. A person is not eligible for registration as a professional surveyor or certification as a surveyor intern if the person has been convicted of any of the following:

(1) An act that would constitute grounds for disciplinary sanction under IC 25-1-11.

(2) A felony that has a direct bearing on the person's ability to practice competently.

As added by P.L.23-1991, SEC.12. Amended by P.L.214-1993, SEC.58; P.L.57-2013, SEC.53.

IC 25-21.5-5-5Qualification of applicants; credit for education Sec. 5. (a) In considering the qualifications of applicants, responsible charge of surveying teaching shall be construed as responsible charge of surveying work.

(b) An applicant who holds a degree of master of science of land surveying or the equivalent degree from a curriculum in land surveying approved by the board may be given a maximum credit of one (1) year of experience in addition to the credit of four (4) years of education.

(c) An applicant who holds a degree of doctor of philosophy or the equivalent degree from a curriculum in land surveying approved by the board may be given a maximum of credit of two (2) years of experience in addition to a credit of four (4) years of education.

(d) Graduation in a course other than land surveying from a college or university acceptable to the board may be considered as equivalent to two (2) years land surveying experience and education.

As added by P.L.23-1991, SEC.12.

IC 25-21.5-5-6Persons not in surveying; eligibility for registration Sec. 6. A person who has the necessary qualifications prescribed in this chapter and who is entitled to registration is eligible for registration although the person may not be engaged in surveying work at the time of application.

As added by P.L.23-1991, SEC.12. Amended by P.L.57-2013, SEC.54.

IC 25-21.5-5-7Forms for application Sec. 7. Each person applying for registration as a professional surveyor or for certification as a surveyor intern must apply on a form prescribed and provided by the board.

As added by P.L.23-1991, SEC.12. Amended by P.L.57-2013, SEC.55.

IC 25-21.5-5-8Contents; application for registration Sec. 8. Each application for registration as a professional surveyor must contain the following:

(1) Statements showing either the registration number issued by another state or the education and qualifications of the applicant.

(2) A detailed summary of the technical work performed by the applicant, including a confirmation by the professional surveyor who supervised the work. If the summary of the technical work cannot be confirmed because of conditions beyond the control of the applicant, including death, incompetence, or nonregistration by the supervising professional surveyor, the board may allow the confirmation requirement to be fulfilled through other evidence.

(3) The names of five (5) persons to be used as references, at least three (3) of whom must be registered professional surveyors who have a personal knowledge of the experience of the applicant.

As added by P.L.23-1991, SEC.12. Amended by P.L.178-1997, SEC.6; P.L.57-2013, SEC.56.

IC 25-21.5-5-9Contents; application for certification Sec. 9. Each application for certification as a surveyor intern must contain the following:

(1) Statements showing the education of the applicant.

(2) The names of three (3) persons to be used as references. However, references are not required for an applicant who is enrolled as a senior in an approved surveying curriculum in Indiana and has applied to take the basic disciplines part of the examination described in IC 25-21.5-6-1 when the examination is scheduled to be given at the applicant's institution before the end of the applicant's senior year.

(3) An applicant who has not graduated from an approved surveying curriculum must submit a detailed summary of the technical work performed by the applicant, including a confirmation by the professional surveyor who supervised the work. If the technical work summary cannot be confirmed because of conditions beyond the control of the applicant, including death, incompetence, or nonregistration by the supervising professional surveyor, the board may allow the confirmation requirement to be fulfilled through other evidence.

As added by P.L.23-1991, SEC.12. Amended by P.L.178-1997, SEC.7; P.L.57-2013, SEC.57.

IC 25-21.5-5-9.5Contents of references for professional surveyors and surveyor interns Sec. 9.5. A reference for a professional surveyor applicant or surveyor intern applicant must:

(1) contain the applicant's board assigned number; and

(2) be dated within one (1) year of the application.

As added by P.L.178-1997, SEC.8. Amended by P.L.57-2013, SEC.58.

IC 25-21.5-5-10Certification of correct statements; penalty for false statements Sec. 10. (a) An applicant must certify the correctness of the statements in the application.

(b) A person who knowingly makes a false statement in an application commits a Class A misdemeanor.

As added by P.L.23-1991, SEC.12.

IC 25-21.5-6Chapter 6. Examinations

25-21.5-6-1Scope of examination for professional surveyors 25-21.5-6-2Partial exemption 25-21.5-6-3Subject matter of examination; surveyor interns 25-21.5-6-4Time and place of examinations 25-21.5-6-5Applicants from other states or territories 25-21.5-6-6Fee for examination

IC 25-21.5-6-1Scope of examination for professional surveyors Sec. 1. The examination required of all applicants for registration as a professional surveyor must be a written or computer based examination divided into the following two (2) parts:

(1) The basic disciplines part of the examination, which must be designed to test the applicant's knowledge of the basic disciplines of surveying. The standard of proficiency required must approximate that attained by graduation in an approved four (4) year surveying curriculum.

(2) The principles and practice part of the examination, which must be designed primarily to test the principles and practice of surveying. The principles and practice part of the examination must be divided into two (2) sections as follows:

(A) The first section must test the applicant's understanding, judgment, and ability to correctly apply the following:

(i) Federal laws and regulations.

(ii) Practices pertaining to the establishment, description, and reestablishment of land boundaries.

(iii) The platting of subdivisions.

(iv) The ethical, economic, and legal principles relating to the practice of surveying.

(v) The principles of mathematics relating to the practice of surveying.

(B) The second section must test the applicant's understanding, judgment, and ability to correctly apply the following:

(i) What is set forth in clause (A)(i) through clause (A)(v).

(ii) Indiana laws and rules.

(iii) Work that the professional surveyor is permitted to perform under this article.

(iv) The ability to write and interpret legal descriptions and solve narrative problems regarding the analysis and execution of surveys and survey problems.

As added by P.L.23-1991, SEC.12. Amended by P.L.178-1997, SEC.9; P.L.9-2012, SEC.1; P.L.57-2013, SEC.59; P.L.11-2023, SEC.79.

IC 25-21.5-6-2Partial exemption Sec. 2. An applicant for registration as a professional surveyor who holds a surveyor intern certificate that was issued in Indiana or in any other state or territory of the United States having equivalent standards may be exempted from the basic disciplines part of the examination described in section 1(1) of this chapter.

As added by P.L.23-1991, SEC.12. Amended by P.L.178-1997, SEC.10; P.L.57-2013, SEC.60.

IC 25-21.5-6-3Subject matter of examination; surveyor interns Sec. 3. The examination for certification as a surveyor intern must be a written or computer based examination. The examination must be identical in subject matter to, but may be more comprehensive than, the first part of the examination for registration as a professional surveyor described in section 1(1) of this chapter.

As added by P.L.23-1991, SEC.12. Amended by P.L.9-2012, SEC.2; P.L.57-2013, SEC.61.

IC 25-21.5-6-4Time and place of examinations Sec. 4. Examinations must be held at least two (2) times each year at times, places, and under conditions determined by the board. Examinations for certification as a surveyor intern may be held separately from the examinations for registration as a professional surveyor.

As added by P.L.23-1991, SEC.12. Amended by P.L.178-1997, SEC.11; P.L.57-2013, SEC.62.

IC 25-21.5-6-5Applicants from other states or territories Sec. 5. An applicant for registration as a professional surveyor who is presently registered in another state or territory may be assigned a written examination if the board considers the written examination necessary to meet the requirements of this chapter.

As added by P.L.23-1991, SEC.12. Amended by P.L.57-2013, SEC.63.

IC 25-21.5-6-6Fee for examination Sec. 6. The board shall determine the fee to be paid for each examination.

As added by P.L.23-1991, SEC.12. Amended by P.L.178-1997, SEC.12.

IC 25-21.5-7Chapter 7. Certificate of Registration

25-21.5-7-1Issuance; certificate of registration for professional surveyors 25-21.5-7-2Issuance; certificate of enrollment as surveyor intern 25-21.5-7-3Partnerships, firms, and corporations; eligibility for certification 25-21.5-7-4Conditions; certificate of registration 25-21.5-7-5Registration and certification fees 25-21.5-7-6Application fees; registration as professional surveyor 25-21.5-7-7Application fees; certification as surveyor intern

IC 25-21.5-7-1Issuance; certificate of registration for professional surveyors Sec. 1. (a) The board shall issue a certificate of registration, upon the payment of the fee prescribed in this chapter, to an applicant who, in the opinion of the board, has satisfactorily met all requirements of this article.

(b) A certificate of registration for professional surveying must:

(1) authorize the practice of surveying;

(2) show the full name of the professional surveyor;

(3) bear a serial number and date; and

(4) be signed by each member and by the secretary under seal of the board.

(c) The issuance of a certificate by the board under this section is evidence that the named person is entitled to all the rights and privileges of a professional surveyor from the date on the certificate until the certificate expires or is revoked.

As added by P.L.23-1991, SEC.12. Amended by P.L.178-1997, SEC.13; P.L.57-2013, SEC.64.

IC 25-21.5-7-2Issuance; certificate of enrollment as surveyor intern Sec. 2. (a) The board shall issue a certificate of enrollment as a surveyor intern upon the payment of the certificate fee prescribed in this chapter to any applicant who, in the opinion of the board, has satisfactorily met all of the requirements of this article.

(b) A certificate of enrollment as a surveyor intern must state that the applicant has successfully passed the examination in fundamental surveying subjects required by the board and has been enrolled as a surveyor intern. A certificate of enrollment must:

(1) show the full name of the surveyor intern;

(2) bear a serial number and date; and

(3) be signed by the chairman and the secretary, under the seal of the board.

(c) The issuance of a certificate by the board is evidence that the person named on the certificate is entitled to all the rights and privileges of a surveyor intern until the certificate expires or is revoked.

As added by P.L.23-1991, SEC.12. Amended by P.L.178-1997, SEC.14; P.L.57-2013, SEC.65.

IC 25-21.5-7-3Partnerships, firms, and corporations; eligibility for certification Sec. 3. A registration certificate for a professional surveyor may be issued only to a natural person. A partnership, firm, or corporation doing business in Indiana may not be engaged in the practice of surveying unless the practice is carried on under the responsible direction and supervision of a professional surveyor who is a full-time employee and a principal of the firm or partnership or an officer of the corporation. The name of the registrant must appear when the firm name is used in the professional practice of the firm, partnership, or corporation. Any surveys, plans, sheets of designs, specifications, or other documents requiring certification that are prepared by the personnel of any partnership, firm, or corporation must carry the signature and seal of the professional surveyor who was responsible for and in charge of the surveying work.

As added by P.L.23-1991, SEC.12. Amended by P.L.178-1997, SEC.15; P.L.57-2013, SEC.66.

IC 25-21.5-7-4Conditions; certificate of registration Sec. 4. The board may issue a certificate of registration as a professional surveyor to any person who meets the following conditions:

(1) Properly applies for a certificate of registration.

(2) Pays the required fee.

(3) Holds a valid certificate of registration as a professional surveyor issued by the proper authority of any state of the United States if the requirements for registration of professional surveyors under which the certificate of registration was issued do not conflict with the provisions of this chapter and were of a standard not lower than that specified in the applicable registration statute in effect in Indiana at the time the certificate was issued.

As added by P.L.23-1991, SEC.12. Amended by P.L.57-2013, SEC.67.

IC 25-21.5-7-5Registration and certification fees Sec. 5. The board shall determine the amount of registration fees for a professional surveyor and certification fees for a surveyor intern.

As added by P.L.23-1991, SEC.12. Amended by P.L.178-1997, SEC.16; P.L.113-1999, SEC.17; P.L.194-2005, SEC.63; P.L.57-2013, SEC.68.

IC 25-21.5-7-6Application fees; registration as professional surveyor Sec. 6. If the board refuses to issue a certificate of registration to a person who has made a proper application for registration as a professional surveyor, the initial fee prescribed by the board and deposited with the board by the applicant shall be retained by the board as an application fee.

As added by P.L.23-1991, SEC.12. Amended by P.L.178-1997, SEC.17; P.L.57-2013, SEC.69.

IC 25-21.5-7-7Application fees; certification as surveyor intern Sec. 7. If the board refuses to issue a certificate to a person who has made proper application for certification as a surveyor intern, the fee prescribed by the board and deposited by the applicant with the board shall be retained as an application fee.

As added by P.L.23-1991, SEC.12. Amended by P.L.57-2013, SEC.70.

IC 25-21.5-8Chapter 8. Renewal of Certificates

25-21.5-8-1Expiration of certificates 25-21.5-8-2Biennial period for renewals 25-21.5-8-3Repealed 25-21.5-8-4Renewal notices; procedure for paying fees 25-21.5-8-5Repealed 25-21.5-8-6Fees 25-21.5-8-7Continuing education

IC 25-21.5-8-1Expiration of certificates Sec. 1. (a) Subject to IC 25-1-2-6(e), a certificate of registration expires biennially on the date established by the licensing agency under IC 25-1-5-4.

(b) An individual may renew a certificate of registration by paying a renewal fee on or before the expiration date established by the licensing agency.

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

(d) A certificate of registration may be reinstated by the board not later than three (3) years after its expiration if the applicant for reinstatement meets the requirements for reinstatement under IC 25-1-8-6(c).

(e) If a certificate of registration has been expired for more than three (3) years, the certificate of registration may be reinstated by the board if the holder meets the requirements for reinstatement under IC 25-1-8-6(d).

As added by P.L.23-1991, SEC.12. Amended by P.L.105-2008, SEC.39; P.L.177-2015, SEC.45; P.L.29-2026, SEC.42.

IC 25-21.5-8-2Biennial period for renewals Sec. 2. The biennial period for renewals extends from August 1 of an even-numbered year to July 31 of the next even-numbered year.

As added by P.L.23-1991, SEC.12.

IC 25-21.5-8-3RepealedAs added by P.L.23-1991, SEC.12. Repealed by P.L.194-2005, SEC.87.

IC 25-21.5-8-4Renewal notices; procedure for paying fees Sec. 4. (a) Renewal notices must be sent in accordance with IC 25-1-2-6(c).

(b) The renewal fees must be paid in accordance with IC 25-1-8-2(d).

As added by P.L.23-1991, SEC.12.

IC 25-21.5-8-5RepealedAs added by P.L.23-1991, SEC.12. Repealed by P.L.105-2008, SEC.67.

IC 25-21.5-8-6Fees Sec. 6. Except as provided in IC 25-21.5-3-4(b), the board shall establish fees under IC 25-1-8.

As added by P.L.23-1991, SEC.12. Amended by P.L.194-2005, SEC.64; P.L.177-2006, SEC.5.

IC 25-21.5-8-7Continuing education Sec. 7. (a) The board may adopt rules requiring a professional surveyor to obtain continuing education for renewal of a certificate under this chapter.

(b) If the board adopts rules under this section, the rules must establish procedures for approving an organization that provides continuing education.

(1) Allow private organizations to implement the continuing education requirement.

(2) Establish an inactive certificate of registration. If the board adopts rules establishing an inactive certificate, the board must adopt rules that:

(A) do not require the holder of an inactive certificate to obtain continuing education;

(B) prohibit the holder of an inactive certificate from practicing surveying;

(D) do not require the holder of an inactive certificate to pay the registration and renewal fees required under IC 25-21.5-7-5.

As added by P.L.218-1993, SEC.2. Amended by P.L.178-1997, SEC.18; P.L.194-2005, SEC.65; P.L.197-2007, SEC.58; P.L.57-2013, SEC.71.

IC 25-21.5-9Chapter 9. Authority of Land Surveyor

25-21.5-9-1Seals; authorized use 25-21.5-9-2Plats; approval or acceptance 25-21.5-9-3Maps; underground workings of mines 25-21.5-9-4Limitations on practice 25-21.5-9-5Professional engineers; limitations on practice 25-21.5-9-6Employees 25-21.5-9-7Land surveyor entry on land, water, or property 25-21.5-9-8Identification before entry; liability for damage 25-21.5-9-9Real property descriptions in original or retracement surveys; required caption

IC 25-21.5-9-1Seals; authorized use Sec. 1. (a) The granting of registration extends to the professional surveyor the authority to use a seal of a design authorized by the rules of the board. The act of affixing the seal attests to the professional surveyor's acceptance of full professional responsibility for the sealed documents. A person may not stamp or seal a document with a seal while the certificate of the named professional surveyor is expired or revoked.

(b) Collection of field data, note reduction, computation, office analysis, and preparation of certificates and reports for a survey, plan, specification, plat, drawing, or report sealed by a professional surveyor must be performed by a professional surveyor or an employee acting under the personal supervision and direction of the professional surveyor.

As added by P.L.23-1991, SEC.12. Amended by P.L.178-1997, SEC.19; P.L.57-2013, SEC.72.

IC 25-21.5-9-2Plats; approval or acceptance Sec. 2. A plat showing streets, lots, blocks, or any subdivision of land in Indiana may not be:

(1) approved by a county planning or zoning authority; or

(2) accepted for transfer or recording by a county auditor or recorder;

that has not been prepared or certified and sealed by the responsible professional surveyor.

As added by P.L.23-1991, SEC.12. Amended by P.L.178-1997, SEC.20; P.L.57-2013, SEC.73.

IC 25-21.5-9-3Maps; underground workings of mines Sec. 3. All maps required to show the underground workings of any mine in Indiana must be prepared, certified, and sealed by a professional engineer or professional surveyor.

As added by P.L.23-1991, SEC.12. Amended by P.L.57-2013, SEC.74.

IC 25-21.5-9-4Limitations on practice Sec. 4. The practice of surveying does not permit a professional surveyor to design and construct sewage disposal stations, lift stations, or bridges or to prepare engineering plans for the construction of engineering projects other than those prescribed in IC 25-21.5-1-7.

As added by P.L.23-1991, SEC.12. Amended by P.L.178-1997, SEC.21; P.L.57-2013, SEC.75.

IC 25-21.5-9-5Professional engineers; limitations on practice Sec. 5. The practice of surveying does not prohibit a professional engineer from doing work that does not involve the activities described in IC 25-21.5-1-7(b)(4) through IC 25-21.5-1-7(b)(8).

As added by P.L.23-1991, SEC.12. Amended by P.L.178-1997, SEC.22; P.L.57-2013, SEC.76.

IC 25-21.5-9-6Employees Sec. 6. (a) A professional surveyor:

(1) is personally responsible for designing and directing the training, procedures, and daily activities of an employee participating in any part of the survey; and

(2) shall maintain records that are reasonably necessary to establish that the responsibility of the professional surveyor for the employee that is required by this section has been fulfilled.

(b) Before a professional surveyor completes, seals, or signs a survey, plan, specification, plat, drawing, or report, all procedures followed and the decisions made by the employee who participated in the survey, plan, specification, plat, drawing, or report must be reviewed and approved by the professional surveyor.

As added by P.L.178-1997, SEC.23. Amended by P.L.57-2013, SEC.77.

IC 25-21.5-9-7Land surveyor entry on land, water, or property Sec. 7. (a) As used in this section, "public utility" means a corporation, company, partnership, limited liability company, political subdivision (as defined in IC 36-1-2-13), individual, association of individuals, or their lessees, trustees, or receivers appointed by a court that own, operate, manage, or control any plant or equipment within Indiana for the:

(1) conveyance of telephone messages;

(2) production, transmission, delivery, or furnishing of heat, light, water, or power; or

(3) collection, treatment, purification, and disposal in a sanitary manner of liquid and solid waste, sewage, night soil, and industrial waste.

(b) Subject to section 8 of this chapter and except as provided in subsection (c), a land surveyor and any personnel under the supervision of a land surveyor may enter upon, over, or under any land, water, or property within Indiana for the limited purpose of the practice of land surveying. The land surveyor and any personnel under the supervision of the land surveyor may not interfere with any construction, operation, or maintenance activity being conducted upon the land, water, or property by the owner or occupant.

(c) Notwithstanding subsection (b), a land surveyor and any personnel under the supervision of a land surveyor may not enter:

(1) property owned or controlled by:

(A) the Indiana department of homeland security; or

(B) a public utility; or

(2) a building, dwelling, or structure on the land or property.

As added by P.L.83-2011, SEC.1.

IC 25-21.5-9-8Identification before entry; liability for damage Sec. 8. (a) To the extent practicable, before entering upon, over, or under any land, water, or property under section 7 of this chapter, a land surveyor and any personnel under the supervision of a land surveyor shall present written identification to the occupant of the land, water, or property.

(b) A land surveyor and any personnel under the supervision of a land surveyor is liable for any damage that may occur to the land, water, or property as a result of entry upon, over, or under the land, water, or property under section 7 of this chapter.

As added by P.L.83-2011, SEC.2.

IC 25-21.5-9-9Real property descriptions in original or retracement surveys; required caption Sec. 9. (a) This section does not apply to descriptions of lots in new subdivisions.

(b) Any new or modified real property description prepared by a professional surveyor as a product of an original survey or a retracement survey must include a caption that identifies:

(1) the name and professional surveyor registration number of the professional surveyor who prepared the description; and

(2) the plat of survey produced as a part of the original survey or retracement survey, including the following information:

(A) The date of the surveyor's certification.

(B) The date of the last revision, if any, to the survey.

(D) The name of the survey company, if any.

As added by P.L.159-2018, SEC.3.

IC 25-21.5-10Chapter 10. RepealedRepealed by P.L.214-1993, SEC.91.

IC 25-21.5-11Chapter 11. Injunctions

25-21.5-11-1Actions for unauthorized practice 25-21.5-11-2Violation of orders 25-21.5-11-3Complaints; violations 25-21.5-11-4Investigative fund; administration by attorney general and licensing agency; appropriation

IC 25-21.5-11-1Actions for unauthorized practice Sec. 1. The attorney general, the prosecuting attorney of a county, the board, or a citizen of a county where a person who is not exempted or a professional surveyor engages in the practice of surveying may file an action in the name of the state of Indiana to prohibit the person from engaging in the practice of surveying until a certificate of registration is secured or renewed under this article.

As added by P.L.23-1991, SEC.12. Amended by P.L.178-1997, SEC.24; P.L.57-2013, SEC.78.

IC 25-21.5-11-2Violation of orders Sec. 2. A person who violates an order issued under section 1 of this chapter shall be punished for contempt of court. An order does not relieve a person who is engaged in the practice of surveying but who is not a professional surveyor from the requirement of registering under this article or exempt the person from criminal prosecution.

As added by P.L.23-1991, SEC.12. Amended by P.L.178-1997, SEC.25; P.L.57-2013, SEC.79.

IC 25-21.5-11-3Complaints; violations Sec. 3. A complaint for a violation of a provision of this chapter is sufficient if the complaint alleges that a person on a specific day:

(1) engaged in the practice of surveying in Indiana;

(2) did not have a valid certificate of registration; and

(3) was not exempt from registration.

As added by P.L.23-1991, SEC.12. Amended by P.L.57-2013, SEC.80.

IC 25-21.5-11-4Investigative fund; administration by attorney general and licensing agency; appropriation Sec. 4. (a) The professional surveyor and surveyor intern investigative fund is established to provide funds for administering and enforcing the provisions of this article, including investigating and taking enforcement action against violators of this article. The fund shall be administered by the attorney general and the licensing agency.

(b) The expenses of administering the fund shall be paid from the money in the fund. The fund consists of money from a fee imposed upon professional surveyors and surveyor interns under IC 25-21.5-3-4(b).

(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.

(d) Money in the fund at the end of a state fiscal year does not revert to the state general fund. If the total amount in the fund exceeds five hundred thousand dollars ($500,000) at the end of a state fiscal year after payment of all claims and expenses, the amount that exceeds five hundred thousand dollars ($500,000) reverts to the state general fund.

(e) Money in the fund is continually appropriated for use by the attorney general and the licensing agency to administer and enforce the provisions of this article and to conduct investigations and take enforcement action against persons violating the provision of this article.

As added by P.L.194-2005, SEC.66. Amended by P.L.177-2006, SEC.6; P.L.57-2013, SEC.81.

IC 25-21.5-12Chapter 12. Revocation and Suspension

25-21.5-12-1Procedures; disciplinary proceedings

IC 25-21.5-12-1Procedures; disciplinary proceedings Sec. 1. The procedures under IC 4-21.5 govern the board's procedures for conducting disciplinary hearings and issuing subpoenas for witnesses and other evidence.

As added by P.L.23-1991, SEC.12.

IC 25-21.5-13Chapter 13. Actions and Violations

25-21.5-13-1Filing charges 25-21.5-13-1.5Removal of boundary markers 25-21.5-13-2Penalties 25-21.5-13-3Legal advisor; use of investigative fund 25-21.5-13-4Judicial review

IC 25-21.5-13-1Filing charges Sec. 1. A person may file charges of fraud, deceit, gross negligence, incompetency, or unprofessional conduct against a registrant by presenting specific written charges verified by an affidavit that makes definite and specific charges of the facts against the holder of a certificate of registration under IC 25-1-7.

As added by P.L.23-1991, SEC.12.

IC 25-21.5-13-1.5Removal of boundary markers Sec. 1.5. (a) A person, not having an ownership interest in land, who knowingly or intentionally disturbs or removes a boundary marker on the tract of land commits a Class C infraction.

(b) In addition to the judgment awarded under IC 34-28-5-4, the court may order a person who violates subsection (a) to pay to the landowner the cost of reestablishing the boundary marker.

As added by P.L.10-2024, SEC.3.

IC 25-21.5-13-2Penalties Sec. 2. A person who:

(1) engages in, or offers to engage in, the practice of surveying without being registered or exempted under Indiana law;

(2) presents as the person's own the certificate of registration or the seal of another;

(3) gives false or forged evidence of any kind to the board or to a board member in obtaining a certificate of registration;

(4) impersonates any other registrant;

(5) uses an expired, a suspended, or a revoked certificate of registration; or

(6) otherwise violates this article;

commits a Class B misdemeanor.

As added by P.L.23-1991, SEC.12. Amended by P.L.57-2013, SEC.82.

IC 25-21.5-13-3Legal advisor; use of investigative fund Sec. 3. (a) The attorney general shall act as the legal advisor for the board and provide any legal assistance necessary to carry out this article.

(b) The attorney general and the licensing agency may use the professional surveyor and surveyor intern investigative fund established by IC 25-21.5-11-4 to hire investigators and other employees to enforce the provisions of this article and to investigate and prosecute violations of this article.

As added by P.L.23-1991, SEC.12. Amended by P.L.194-2005, SEC.67; P.L.57-2013, SEC.83.

IC 25-21.5-13-4Judicial review Sec. 4. An applicant or a registrant who is aggrieved by an order or determination of the board is entitled to a judicial review under IC 4-21.5-5.

As added by P.L.23-1991, SEC.12.

IC 25-21.8ARTICLE 21.8. MASSAGE THERAPISTS

Ch. 1.Definitions Ch. 2.State Board of Massage Therapy Ch. 3.Powers and Duties of the Board Ch. 4.Issuance of Certification Ch. 5.Certification by Endorsement Ch. 6.Certification Renewal Ch. 7.Discipline and Violations Ch. 8.Preemption of Local Ordinances, Resolutions, Rules, and Policies

IC 25-21.8-1Chapter 1. Definitions

25-21.8-1-1Applicability 25-21.8-1-1.5"Approved massage therapy school" 25-21.8-1-2"Board" 25-21.8-1-2.4"Compensation" 25-21.8-1-3"Licensing agency" 25-21.8-1-4"Massage therapy" 25-21.8-1-5"Massage therapist" 25-21.8-1-6"Unit"

IC 25-21.8-1-1Applicability Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.200-2007, SEC.8.

IC 25-21.8-1-1.5"Approved massage therapy school" Sec. 1.5. "Approved massage therapy school" means a facility that meets minimum standards for training and curriculum as determined by the board.

As added by P.L.267-2017, SEC.2.

IC 25-21.8-1-2"Board" Sec. 2. "Board" means the state board of massage therapy established by IC 25-21.8-2-1.

As added by P.L.200-2007, SEC.8.

IC 25-21.8-1-2.4"Compensation" Sec. 2.4. "Compensation" means a payment or anything of value.

As added by P.L.267-2017, SEC.3.

IC 25-21.8-1-3"Licensing agency" Sec. 3. "Licensing agency" means the Indiana professional licensing agency established under IC 25-1-5-3.

As added by P.L.200-2007, SEC.8.

IC 25-21.8-1-4"Massage therapy" Sec. 4. "Massage therapy":

(1) means a health care service involving the external manipulation or pressure of soft tissue for the purposes of enhancing health, providing muscle relaxation, increasing range of motion, reducing stress, relieving pain, or improving circulation of the human body;

(2) includes:

(A) the use of touch, external pressure, friction, stroking, rocking, gliding, vibration, percussion, kneading, movement, positioning, nonspecific stretching, stretching within the normal anatomical range of movement, and holding, with or without the use of massage devices that mimic or enhance manual measures; and

(B) the external application of heat, cold, water, ice, stones, lubricants, abrasives, and topical preparations that are not classified as prescription drugs; and

(3) does not include:

(A) spinal manipulation or grade 5 mobilization referred to in IC 25-10-1-14; and

(B) diagnosis or prescribing drugs for which a license is required.

As added by P.L.200-2007, SEC.8. Amended by P.L.267-2017, SEC.4.

IC 25-21.8-1-5"Massage therapist" Sec. 5. "Massage therapist" means an individual who is licensed under this article and practices or offers to provide massage therapy.

As added by P.L.200-2007, SEC.8. Amended by P.L.267-2017, SEC.5.

IC 25-21.8-1-6"Unit" Sec. 6. "Unit" has the meaning set forth in IC 36-1-2-23.

As added by P.L.267-2017, SEC.6.

IC 25-21.8-2Chapter 2. State Board of Massage Therapy

25-21.8-2-1Board established 25-21.8-2-2Members; qualifications 25-21.8-2-3Terms 25-21.8-2-4Removal 25-21.8-2-5Officers 25-21.8-2-6Meetings 25-21.8-2-7Quorum 25-21.8-2-8Compensation 25-21.8-2-9Rules

IC 25-21.8-2-1Board established Sec. 1. The state board of massage therapy is established.

As added by P.L.200-2007, SEC.8.

IC 25-21.8-2-2Members; qualifications Sec. 2. The board consists of five (5) members appointed by the governor as follows:

(1) Subject to IC 25-1-6.5-3, four (4) massage therapists, each of whom:

(A) is licensed under this article;

(B) has been actively practicing massage therapy for at least three (3) of the five (5) years immediately preceding the individual's appointment; and

(2) Subject to IC 25-1-6.5-3, one (1) member of the general public. A board member appointed under this subdivision must not:

(A) be licensed under this article;

(B) be the spouse of an individual who is licensed or intends to be licensed under this article; or

As added by P.L.200-2007, SEC.8. Amended by P.L.267-2017, SEC.7; P.L.249-2019, SEC.94.

IC 25-21.8-2-3Terms Sec. 3. (a) Each member of the board appointed before July 1, 2019, shall serve a term of three (3) years and until the member's successor is appointed and qualified.

(b) Each member of the board appointed after June 30, 2019, shall be appointed under IC 25-1-6.5.

As added by P.L.200-2007, SEC.8. Amended by P.L.249-2019, SEC.95.

IC 25-21.8-2-4Removal Sec. 4. A member of the board may be removed under IC 25-1-6.5-4.

As added by P.L.200-2007, SEC.8. Amended by P.L.267-2017, SEC.8; P.L.249-2019, SEC.96; P.L.156-2020, SEC.100.

IC 25-21.8-2-5Officers Sec. 5. (a) Each year the board shall elect from its members the following officers:

(1) A chairperson.

(2) A vice chairperson.

(b) A member serving as chairperson or vice chairperson shall serve until the member's successor as chairperson or vice chairperson is elected.

As added by P.L.200-2007, SEC.8.

IC 25-21.8-2-6Meetings Sec. 6. The board shall meet at least one (1) time each calendar year upon the call of the chairperson or the written request of a majority of the members of the board and with the advice and consent of the executive director of the professional licensing agency.

As added by P.L.200-2007, SEC.8.

IC 25-21.8-2-7Quorum Sec. 7. (a) Three (3) members of the board constitute a quorum.

(b) An affirmative vote of three (3) members of the board is necessary for the board to take official action.

As added by P.L.200-2007, SEC.8.

IC 25-21.8-2-8Compensation Sec. 8. Each member of the board is entitled to a per diem allowance and any other compensation for the performance of the member's duties in accordance with IC 4-10-11-2.1.

As added by P.L.200-2007, SEC.8. Amended by P.L.267-2017, SEC.9.

IC 25-21.8-2-9Rules Sec. 9. The board shall adopt rules under IC 4-22-2 regarding standards for the competent practice of massage therapy.

As added by P.L.200-2007, SEC.8.

IC 25-21.8-3Chapter 3. Powers and Duties of the Board

25-21.8-3-1Duties of the board 25-21.8-3-2Duties of the licensing agency

IC 25-21.8-3-1Duties of the board Sec. 1. (a) The board shall do the following:

(1) Administer and enforce this article.

(2) Adopt rules under IC 4-22-2 for the administration and enforcement of this article.

(3) Judge the qualifications of applicants for licensure under this article.

(4) Issue, deny, or renew licenses under this article.

(5) Subject to IC 4-21.5, IC 25-1-7, and IC 25-1-11, discipline individuals who are licensed under this article for violations of this article.

(6) Establish reasonable fees for examinations, license applications, renewal of licenses, and other services.

(7) Maintain a record of all proceedings.

(8) Maintain records of licensed massage therapists.

(9) Adopt at least two (2) examinations that an applicant may use for licensure under this article.

(b) The board may do the following:

(1) Conduct administrative hearings.

(2) Administer oaths in matters relating to the discharge of the official duties of the board.

As added by P.L.200-2007, SEC.8. Amended by P.L.267-2017, SEC.10.

IC 25-21.8-3-2Duties of the licensing agency Sec. 2. The licensing agency shall do the following:

(1) Carry out the administrative functions of the board.

(2) Provide necessary personnel to carry out the duties of this article.

(3) Receive and account for all fees required under this article.

(4) Deposit fees collected with the treasurer of state for deposit in the state general fund.

As added by P.L.200-2007, SEC.8.

IC 25-21.8-4Chapter 4. Issuance of Certification

25-21.8-4-1Massage therapy licensure 25-21.8-4-2Qualifications 25-21.8-4-3Prohibitions 25-21.8-4-3.5Advertisement prohibitions 25-21.8-4-4Proof of licensure 25-21.8-4-5Scope of practice 25-21.8-4-6Applicability; necessity of a license

IC 25-21.8-4-1Massage therapy licensure Sec. 1. Persons engaged in massage therapy for compensation must be licensed by the board.

As added by P.L.200-2007, SEC.8. Amended by P.L.267-2017, SEC.11.

IC 25-21.8-4-2Qualifications Sec. 2. An individual who applies for licensure as a massage therapist must do the following:

(1) Complete and submit the licensure application in the form and manner provided by the board.

(2) Furnish evidence satisfactory to the board showing that the individual:

(A) is at least eighteen (18) years of age;

(B) has a high school diploma or the equivalent of a high school diploma;

(i) requires at least six hundred twenty-five (625) hours of supervised classroom and hands on instruction on massage therapy;

(ii) is in good standing with a state, regional, or national agency of government charged with regulating massage therapy schools or programs; and

(iii) is authorized by the department of workforce development under IC 22-4.1-21 or accredited by another state where the standards for massage therapy education are substantially the same as the standards in Indiana, or is a program at an institution of higher learning that is approved by the board; and

(D) has taken and passed a licensure examination approved by the board.

(3) Provide a history of any criminal convictions the individual has, including any convictions related to the practice of the profession. The board shall deny an application for licensure if the applicant:

(A) has been convicted of:

(i) prostitution;

(ii) rape; or

(iii) sexual misconduct; or

(B) is a registered sex offender.

(4) Provide proof that the applicant currently has professional liability insurance with minimum coverage of two million dollars ($2,000,000) per claim and six million dollars ($6,000,000) in aggregate.

(5) Submit to a national criminal history background check as prescribed by IC 25-0.5-1-9.

(6) Verify the information submitted on the application form.

(7) Pay fees established by the board.

As added by P.L.200-2007, SEC.8. Amended by P.L.3-2008, SEC.186; P.L.177-2009, SEC.38; P.L.107-2012, SEC.62; P.L.112-2014, SEC.26; P.L.267-2017, SEC.12; P.L.152-2018, SEC.36; P.L.180-2018, SEC.16; P.L.10-2019, SEC.111; P.L.157-2023, SEC.23.

IC 25-21.8-4-3Prohibitions Sec. 3. An individual who is not licensed under this article may not:

(1) profess to be a licensed massage therapist;

(2) use:

(A) the title "Certified Massage Therapist", "Massage Therapist", "Licensed Massage Therapist", "Medical Massage Therapist", "Clinical Massage Therapist", "Masseuse", "Masseur", "Bodyworker", "Muscle Mechanic", or a similar term; or

(B) the abbreviation "CMT", "MT", "LMT", "MMT", or other initials, words, letters, abbreviations, or insignia to imply that the individual is a licensed massage therapist or practices massage therapy; or

(3) practice or offer to provide massage therapy.

As added by P.L.200-2007, SEC.8. Amended by P.L.267-2017, SEC.13.

IC 25-21.8-4-3.5Advertisement prohibitions Sec. 3.5. (a) An individual who is not licensed under this article may not advertise, publicly or privately, that the individual is a massage therapist or provides massage therapy.

(b) An individual may not display or disseminate an advertisement, publicly or privately, for massage therapy that indicates or implies that massage therapy will be provided that includes sexual activity.

(1) The massage therapist's name.

(2) The massage therapist's license number.

As added by P.L.267-2017, SEC.14.

IC 25-21.8-4-4Proof of licensure Sec. 4. An individual who is licensed as a massage therapist under this article shall display proof of licensure in a conspicuous location where the individual practices massage therapy.

As added by P.L.177-2009, SEC.39. Amended by P.L.267-2017, SEC.15.

IC 25-21.8-4-5Scope of practice Sec. 5. This article does not prohibit the following:

(1) An individual who has a license, registration, certificate, or permit from the state from acting within the scope of the individual's license, registration, certificate, or permit.

(2) An individual who participates in an approved training program for the purpose of acquiring a license, registration, certificate, or permit from the state from performing activities within the scope of the approved training program.

(3) A student of an approved massage therapy school from performing massage therapy under the supervision of the approved massage therapy school, if the student does not profess to be a licensed massage therapist.

(4) An individual's practice in one (1) or more of the following areas that does not involve intentional soft tissue manipulation:

(A) Alexander Technique.

(B) Feldenkrais.

(D) Therapeutic Touch.

(5) An individual's practice in which the individual provides service marked bodywork approaches that involve intentional soft tissue manipulation, including:

(A) Rolfing;

(B) Trager Approach;

(D) Ortho-bionomy; and

(E) Reflexology;

if the individual is approved by a governing body based on a minimum level of training, demonstration of competency, and adherence to ethical standards.

(6) The practice of massage therapy by a person either actively licensed as a massage therapist in another state or currently certified by the National Certification Board of Therapeutic Massage and Bodywork or other national certifying body if the person's state does not license massage therapists, if the individual is performing duties for a non-Indiana based team or organization, or for a national athletic event held in Indiana, so long as the individual restricts the individual's practice to the individual's team or organization during the course of the individual's or the individual's team's or the individual's organization's stay in Indiana or for the duration of the event.

(7) Massage therapists from other states or countries providing educational programs in Indiana for a period not to exceed thirty (30) days within a calendar year.

(8) An employee of a physician or a group of physicians from performing an act, a duty, or a function to which the exception described in IC 25-22.5-1-2(a)(20) applies.

(9) An employee of a chiropractor from performing an act, duty, or function authorized under IC 25-10-1-13.

(10) An employee of a podiatrist or a group of podiatrists from performing an act, duty, or function to which the exception described in IC 25-29-1-0.5(a)(13) applies.

(11) A dramatic portrayal or some other artistic performance or expression involving the practice of massage therapy.

(12) The practice of massage therapy by a member of an emergency response team during a period of active emergency response.

As added by P.L.267-2017, SEC.16.

IC 25-21.8-4-6Applicability; necessity of a license Sec. 6. (a) This subsection applies to an individual who holds a certification by the board as a massage therapist on the effective date of the rules adopted by the board for massage therapy licensure. An individual to whom this subsection applies is considered to be licensed from the effective date of the rules adopted by the board for massage therapy licensure, and the board shall thereafter renew the person's license in accordance with IC 25-21.8-6. If an individual to whom this subsection applies becomes licensed under this subsection, the expiration date of the license is the same as the expiration date of the certification that the individual held on the effective date of the rules adopted by the board for massage therapy licensure.

(b) This subsection applies to an individual who is not certified by the board as a massage therapist and who is practicing massage therapy for compensation in Indiana on the effective date of the rules adopted by the board for massage therapy licensure. An individual to whom this subsection applies may continue practicing massage therapy in Indiana without a massage therapy license until the date occurring one hundred eighty-three (183) days after the effective date of the rules adopted by the board for massage therapy licensure. On or after the date occurring one hundred eighty-three (183) days after the effective date of the rules adopted by the board for massage therapy licensure, an individual to whom this subsection applies may not practice massage therapy in Indiana unless the individual obtains a massage therapy license. A person to whom this subsection applies may obtain a massage therapy license by doing the following:

(1) Apply for licensure before the date occurring one hundred eighty-three (183) days after the effective date of the rules adopted by the board for massage therapy licensure.

(2) Provide the board with either:

(A) documentation that the applicant has completed and passed a nationally recognized competency examination in the practice of massage therapy and an affidavit of at least five (5) years of work experience in the state; or

(B) a certificate and transcript of completion from a massage therapy program or school with at least five hundred (500) hours of education.

(3) Submit to a national criminal history background check as prescribed by IC 25-0.5-1-9.

(c) Notwithstanding any other law, the board shall continue to issue massage therapy certifications under this article until the effective date of the rules adopted by the board for massage therapy licensure.

As added by P.L.267-2017, SEC.17. Amended by P.L.180-2018, SEC.17.

IC 25-21.8-5Chapter 5. Certification by Endorsement

25-21.8-5-1Licensure by endorsement

IC 25-21.8-5-1Licensure by endorsement Sec. 1. (a) The board may grant licensure by endorsement to an individual who:

(1) is licensed, certified, or registered in another state having credentialing standards that are substantially equivalent to or that exceed the credentialing standards specified under this article;

(2) has no pending disciplinary actions in relation to the performance of massage therapy and is in good standing with the standards of the other state or country;

(3) pays an application fee established by the board;

(4) provides a history of the individual's criminal convictions, if any, including any criminal convictions relating to the practice of the profession; and

(5) submits to a national criminal history background check as prescribed by IC 25-0.5-1-9.

(b) The board shall deny an application for licensure if the applicant:

(1) has been convicted of:

(A) prostitution;

(B) rape; or

(2) is a registered sex offender.

(c) An applicant for licensure by endorsement shall cause each state that previously credentialed the applicant to provide the board with the applicant's current status in the state.

As added by P.L.200-2007, SEC.8. Amended by P.L.267-2017, SEC.18.

IC 25-21.8-6Chapter 6. Certification Renewal

25-21.8-6-1Four year licensure; renewal 25-21.8-6-2Renewal application; liability insurance 25-21.8-6-3Late renewal reinstatement fee

IC 25-21.8-6-1Four year licensure; renewal Sec. 1. (a) Subject to IC 25-1-2-6(e), a license issued by the board is valid for four (4) years.

(b) A license expires:

(1) at midnight on the date established by the licensing agency under IC 25-1-5-4, subject to IC 25-1-2-6(e); and

(2) every four (4) years thereafter, unless renewed before that date.

As added by P.L.200-2007, SEC.8. Amended by P.L.177-2015, SEC.46; P.L.267-2017, SEC.19; P.L.29-2026, SEC.43.

IC 25-21.8-6-2Renewal application; liability insurance Sec. 2. An individual who applies to renew a license as a massage therapist must:

(1) apply for renewal in the manner required by the board;

(2) furnish evidence of successful completion of twenty-four (24) hours of continuing education within the most recent four (4) year period, as approved by the board;

(3) pay a renewal fee established by the board; and

(4) provide proof that the applicant currently has professional liability insurance with minimum coverage of two million dollars ($2,000,000) per claim and six million dollars ($6,000,000) in aggregate.

As added by P.L.200-2007, SEC.8. Amended by P.L.267-2017, SEC.20; P.L.180-2018, SEC.18.

IC 25-21.8-6-3Late renewal reinstatement fee Sec. 3. If a renewal application is not submitted within the time under section 1 of this chapter, the board shall charge the applicant a reinstatement fee in an amount established under IC 25-1-8-6.

As added by P.L.200-2007, SEC.8.

IC 25-21.8-7Chapter 7. Discipline and Violations

25-21.8-7-1Violations; penalty 25-21.8-7-2Disciplinary procedures 25-21.8-7-3Reporting criminal convictions 25-21.8-7-4Investigations or disciplinary actions

IC 25-21.8-7-1Violations; penalty Sec. 1. (a) This section does not apply to the violation of a rule adopted by the board.

(b) Except as provided in IC 25-21.8-4-3.5, an individual who knowingly violates or causes a violation of this article commits a Class C misdemeanor.

As added by P.L.200-2007, SEC.8. Amended by P.L.267-2017, SEC.21.

IC 25-21.8-7-2Disciplinary procedures Sec. 2. The board shall follow the disciplinary procedures established under IC 25-1-7 and IC 25-1-11.

As added by P.L.200-2007, SEC.8.

IC 25-21.8-7-3Reporting criminal convictions Sec. 3. If an individual licensed under this article is convicted of a crime, the individual is responsible for notifying the board not later than thirty (30) days after the conviction.

As added by P.L.200-2007, SEC.8. Amended by P.L.267-2017, SEC.22.

IC 25-21.8-7-4Investigations or disciplinary actions Sec. 4. On July 1, 2017, any pending investigation or disciplinary action against a massage therapist who was certified under this article on June 30, 2017, shall be treated after June 30, 2017, as an investigation or disciplinary action against the massage therapist who is licensed on July 1, 2017.

As added by P.L.267-2017, SEC.23.

IC 25-21.8-8Chapter 8. Preemption of Local Ordinances, Resolutions, Rules, and Policies

25-21.8-8-1State regulation of massage therapy 25-21.8-8-2Local regulation of zoning and business licenses pertaining to massage therapy

IC 25-21.8-8-1State regulation of massage therapy Sec. 1. This article supersedes any:

(1) ordinance;

(2) resolution;

(3) rule; or

(4) policy;

that has the force of law adopted by a municipality, county, or other governmental unit relating to the licensure, certification, or registration of massage therapists.

As added by P.L.267-2017, SEC.24.

IC 25-21.8-8-2Local regulation of zoning and business licenses pertaining to massage therapy Sec. 2. This article does not affect any local ordinance, resolution, rule, or policy that has the force of law relating to:

(1) zoning; or

(2) business licenses;

adopted by a municipality, county, or other governmental unit and pertaining to massage therapists.

As added by P.L.267-2017, SEC.24.

IC 25-22ARTICLE 22. REPEALEDRepealed by Acts 1975, P.L.271, SEC.2.

IC 25-22.5ARTICLE 22.5. PHYSICIANS

Ch. 1.Definitions and Exclusions Ch. 2.Creation of Medical Licensing Board Ch. 3.Licensure Requirements Ch. 4.Examinations Ch. 5.Licenses and Permits Ch. 5.5.Physician Noncompete Agreements Ch. 6.Discipline; Retirement of Licenses Ch. 7.Registration Fees Ch. 8.Penalties Ch. 9.Repealed Ch. 10.Osteopathic Residency Training and Certification Ch. 11.Physician Referral to Certain Health Care Entities Ch. 12.Expired Ch. 12.5.Medical Spas Ch. 13.Controlled Substance Rules Ch. 13.2.Notification Concerning Dense Breast Determination Ch. 14.Expired Ch. 15.Health Care Volunteer Registry Ch. 16.Interstate Medical Licensure Compact Ch. 17.Physician's Patient Information

IC 25-22.5-1Chapter 1. Definitions and Exclusions

25-22.5-1-1Repealed 25-22.5-1-1.1Definitions 25-22.5-1-1.2Additional definitions 25-22.5-1-2Exclusions 25-22.5-1-2.1Experimental or nonconventional treatment; protocols for treatment; causes of action

IC 25-22.5-1-1RepealedFormerly: Acts 1975, P.L.271, SEC.1. As amended by Acts 1977, P.L.273, SEC.1; Acts 1977, P.L.26, SEC.12. Repealed by Acts 1978, P.L.8, SEC.14.

IC 25-22.5-1-1.1Definitions Sec. 1.1. As used in this article:

(a) "Practice of medicine or osteopathic medicine" means any one (1) or a combination of the following:

(1) Holding oneself out to the public as being engaged in:

(A) the diagnosis, treatment, correction, or prevention of any disease, ailment, defect, injury, infirmity, deformity, pain, or other condition of human beings;

(B) the suggestion, recommendation, or prescription or administration of any form of treatment, without limitation;

(C) the performing of any kind of surgical operation upon a human being, including tattooing (except for providing a tattoo as defined in IC 35-45-21-4(a)), in which human tissue is cut, burned, or vaporized by the use of any mechanical means, laser, or ionizing radiation, or the penetration of the skin or body orifice by any means, for the intended palliation, relief, or cure; or

(D) the prevention of any physical, mental, or functional ailment or defect of any person.

(2) The maintenance of an office or a place of business for the reception, examination, or treatment of persons suffering from disease, ailment, defect, injury, infirmity, deformity, pain, or other conditions of body or mind.

(3) Attaching to a name, either alone or in connection with other words, the designation or term:

(A) "doctor of medicine";

(B) "M.D.";

(D) "D.O.";

(E) "physician";

(F) "osteopath";

(G) "osteopathic medical physician";

(H) "surgeon";

(I) "physician and surgeon";

(J) "anesthesiologist";

(K) "cardiologist";

(L) "dermatologist";

(M) "endocrinologist";

(N) "gastroenterologist";

(O) "gynecologist";

(P) "hematologist";

(Q) "internist";

(R) "laryngologist";

(S) "nephrologist";

(T) "neurologist";

(U) "obstetrician";

(V) "oncologist";

(W) "ophthalmologist";

(X) "orthopedic surgeon";

(Y) "orthopedist";

(Z) "otologist";

(AA) "otolaryngologist";

(BB) "otorhinolaryngologist";

(CC) "pathologist";

(DD) "pediatrician";

(EE) "primary care physician";

(FF) "proctologist";

(GG) "psychiatrist";

(HH) "radiologist";

(II) "rheumatologist";

(JJ) "rhinologist";

(KK) "urologist";

(LL) "medical doctor";

(MM) "family practice physician";

(NN) "physiatrist";

(OO) "allergist";

(PP) "electrophysiologist";

(QQ) "geriatrician";

(RR) "immunologist";

(SS) "medical geneticist";

(TT) "neonatologist"; or

(UU) "pulmonologist".

This subdivision does not apply to a practitioner if the practitioner has a special area of practice and the practitioner uses the following format: "[The name or title of the practitioner's profession] specializing in [name of specialty]".

(4) Nothing in subdivision (3) prevents the following:

(A) A practitioner from using the name or title of the practitioner's profession that is allowed under the practitioner's practice act or under a law in the Indiana Code.

(B) A practitioner who is a chiropractor (as defined in IC 25-10-1-1) and who has attained diplomate status in a chiropractic specialty area recognized by the American Chiropractic Association, International Chiropractors Association, or International Academy of Clinical Neurology before July 1, 2025, from using a designation or term included in subdivision (3) in conjunction with the name or title of the practitioner's profession.

(C) A practitioner who is a dentist licensed under IC 25-14-1 and who has completed a dental anesthesiology residency recognized by the American Dental Board of Anesthesiology before July 1, 2025, from using a designation or term included in subdivision (3) in conjunction with the name or title of the practitioner's profession.

(5) Providing diagnostic or treatment services to a person in Indiana when the diagnostic or treatment services:

(A) are transmitted through electronic communications; and

(B) are on a regular, routine, and nonepisodic basis or under an oral or written agreement to regularly provide medical services.

In addition to the exceptions described in section 2 of this chapter, a nonresident physician who is located outside Indiana does not practice medicine or osteopathy in Indiana by providing a second opinion to a licensee or diagnostic or treatment services to a patient in Indiana following medical care originally provided to the patient while outside Indiana.

(b) "Board" refers to the medical licensing board of Indiana.

(c) "Diagnose or diagnosis" means to examine a patient, parts of a patient's body, substances taken or removed from a patient's body, or materials produced by a patient's body to determine the source or nature of a disease or other physical or mental condition, or to hold oneself out or represent that a person is a physician and is so examining a patient. It is not necessary that the examination be made in the presence of the patient; it may be made on information supplied either directly or indirectly by the patient.

(d) "Drug or medicine" means any medicine, compound, or chemical or biological preparation intended for internal or external use of humans, and all substances intended to be used for the diagnosis, cure, mitigation, or prevention of diseases or abnormalities of humans, which are recognized in the latest editions published of the United States Pharmacopoeia or National Formulary, or otherwise established as a drug or medicine.

(e) "Licensee" means any individual holding a valid unlimited license issued by the board under this article.

(f) "Prescribe or prescription" means to direct, order, or designate the use of or manner of using a drug, medicine, or treatment, by spoken or written words or other means and in accordance with IC 25-1-9.3.

(g) "Physician" means any person who holds the degree of doctor of medicine or doctor of osteopathy or its equivalent and who holds a valid unlimited license to practice medicine or osteopathic medicine in Indiana.

(h) "Medical school" means a nationally accredited college of medicine or of osteopathic medicine approved by the board.

(i) "Physician assistant" means an individual who:

(1) has a collaborative agreement with a physician;

(2) graduated from an approved physician assistant program described in IC 25-27.5-2-2;

(3) passed the examination administered by the National Commission on Certification of Physician Assistants (NCCPA) and maintains certification; and

(4) has been licensed by the physician assistant committee under IC 25-27.5.

(j) "Agency" refers to the Indiana professional licensing agency under IC 25-1-5.

(k) "INSPECT program" means the Indiana scheduled prescription electronic collection and tracking program established by IC 25-1-13-4.

As added by Acts 1978, P.L.8, SEC.13. Amended by Acts 1981, P.L.222, SEC.151; P.L.247-1985, SEC.1; P.L.169-1985, SEC.62; P.L.217-1993, SEC.2; P.L.180-1996, SEC.1; P.L.181-1997, SEC.1; P.L.1-2006, SEC.444; P.L.90-2007, SEC.3; P.L.134-2013, SEC.9; P.L.158-2013, SEC.283; P.L.82-2016, SEC.3; P.L.28-2019, SEC.12; P.L.128-2022, SEC.2; P.L.178-2022(ts), SEC.15; P.L.178-2023, SEC.1.

IC 25-22.5-1-1.2Additional definitions Sec. 1.2. As used in this article:

"Nursing school" includes a hospital nursing school, a nursing program, and a nursing department of a postsecondary educational institution. This shall include two (2), three (3), and four (4) year programs of nursing education.

"Shortage area" is an area in which there is a less than adequate supply of physicians or nurses relative to the need for nursing or physician services.

As added by Acts 1981, P.L.227, SEC.1. Amended by P.L.247-1985, SEC.2; P.L.2-2007, SEC.327.

IC 25-22.5-1-2Exclusions Sec. 2. (a) This article, as it relates to the unlawful or unauthorized practice of medicine or osteopathic medicine, does not apply to any of the following:

(1) A student in training in a medical school approved by the board, or while performing duties as an intern or a resident in a hospital under the supervision of the hospital's staff or in a program approved by the medical school.

(2) A person who renders service in case of emergency where no fee or other consideration is contemplated, charged, or received.

(3) A paramedic (as defined in IC 16-18-2-266), an advanced emergency medical technician (as defined in IC 16-18-2-6.5), an emergency medical technician (as defined in IC 16-18-2-112), or a person with equivalent certification from another state who renders advanced life support (as defined in IC 16-18-2-7), or basic life support (as defined in IC 16-18-2-33.5):

(A) during a disaster emergency declared by the governor under IC 10-14-3-12 in response to an act that the governor in good faith believes to be an act of terrorism (as defined in IC 35-31.5-2-329); and

(B) in accordance with the rules adopted by the Indiana emergency medical services commission or the disaster emergency declaration of the governor.

(4) Commissioned medical officers or medical service officers of the armed forces of the United States, the United States Public Health Service, and medical officers of the United States Department of Veterans Affairs in the discharge of their official duties in Indiana.

(5) An individual who is not a licensee who resides in another state or country and is authorized to practice medicine or osteopathic medicine there, who is called in for consultation by an individual licensed to practice medicine or osteopathic medicine in Indiana.

(6) A person administering a domestic or family remedy to a member of the person's family.

(7) A member of a church practicing the religious tenets of the church if the member does not make a medical diagnosis, prescribe or administer drugs or medicines, perform surgical or physical operations, or assume the title of or profess to be a physician.

(8) A school corporation and a school employee who acts under IC 34-30-14 (or IC 34-4-16.5-3.5 before its repeal).

(9) A chiropractor practicing the chiropractor's profession under IC 25-10 or to an employee of a chiropractor acting under the direction and supervision of the chiropractor under IC 25-10-1-13.

(10) A dental hygienist practicing the dental hygienist's profession under IC 25-13.

(11) A dentist practicing the dentist's profession under IC 25-14.

(12) A hearing aid dealer practicing the hearing aid dealer's profession under IC 25-20.

(13) A nurse practicing the nurse's profession under IC 25-23. However, a certified registered nurse anesthetist (as defined in IC 25-23-1-1.4) may administer anesthesia if the certified registered nurse anesthetist acts under the direction of and in the immediate presence of a physician.

(14) An optometrist practicing the optometrist's profession under IC 25-24.

(15) A pharmacist practicing the pharmacist's profession under IC 25-26.

(16) A physical therapist practicing the physical therapist's profession under IC 25-27.

(17) A podiatrist practicing the podiatrist's profession under IC 25-29.

(18) A psychologist practicing the psychologist's profession under IC 25-33.

(19) A speech-language pathologist or audiologist practicing the pathologist's or audiologist's profession under IC 25-35.6.

(20) An employee of a physician or group of physicians who performs an act, a duty, or a function that is customarily within the specific area of practice of the employing physician or group of physicians, if the act, duty, or function is performed under the direction and supervision of the employing physician or a physician of the employing group within whose area of practice the act, duty, or function falls. An employee may not make a diagnosis or prescribe a treatment and must report the results of an examination of a patient conducted by the employee to the employing physician or the physician of the employing group under whose supervision the employee is working. An employee may not administer medication without the specific order of the employing physician or a physician of the employing group. Unless an employee is licensed or registered to independently practice in a profession described in subdivisions (9) through (18), nothing in this subsection grants the employee independent practitioner status or the authority to perform patient services in an independent practice in a profession.

(21) A hospital licensed under IC 16-21 or IC 12-25.

(22) A health care organization whose members, shareholders, or partners are individuals, partnerships, corporations, facilities, or institutions licensed or legally authorized by this state to provide health care or professional services as:

(A) a physician;

(B) a psychiatric hospital;

(D) a health maintenance organization or limited service health maintenance organization;

(E) a health facility;

(F) a dentist;

(G) a registered or licensed practical nurse;

(H) a certified nurse midwife or a certified direct entry midwife;

(I) an optometrist;

(J) a podiatrist;

(K) a chiropractor;

(L) a physical therapist; or

(M) a psychologist.

(23) A physician assistant practicing the physician assistant profession under IC 25-27.5.

(24) A physician providing medical treatment under section 2.1 of this chapter.

(25) An attendant who provides attendant care services (as defined in IC 16-18-2-28.5).

(26) A personal services attendant providing authorized attendant care services under IC 12-10-17.1.

(27) A respiratory care practitioner practicing the practitioner's profession under IC 25-34.5.

(b) A person described in subsection (a)(9) through (a)(18) is not excluded from the application of this article if:

(1) the person performs an act that an Indiana statute does not authorize the person to perform; and

(2) the act qualifies in whole or in part as the practice of medicine or osteopathic medicine.

(c) An employment or other contractual relationship between an entity described in subsection (a)(21) through (a)(22) and a licensed physician does not constitute the unlawful practice of medicine or osteopathic medicine under this article if the entity does not direct or control independent medical acts, decisions, or judgment of the licensed physician. However, if the direction or control is done by the entity under IC 34-30-15 (or IC 34-4-12.6 before its repeal), the entity is excluded from the application of this article as it relates to the unlawful practice of medicine or osteopathic medicine.

(d) This subsection does not apply to a prescription or drug order for a legend drug that is filled or refilled in a pharmacy owned or operated by a hospital licensed under IC 16-21. A physician licensed in Indiana who permits or authorizes a person to fill or refill a prescription or drug order for a legend drug except as authorized in IC 16-42-19-11 through IC 16-42-19-19 is subject to disciplinary action under IC 25-1-9. A person who violates this subsection commits the unlawful practice of medicine or osteopathic medicine under this chapter.

(e) A person described in subsection (a)(8) shall not be authorized to dispense contraceptives or birth control devices.

(f) Nothing in this section allows a person to use words or abbreviations that indicate or induce an individual to believe that the person is engaged in the practice of medicine or osteopathic medicine.

Formerly: Acts 1975, P.L.271, SEC.1. As amended by Acts 1977, P.L.273, SEC.2; P.L.244-1985, SEC.2; P.L.149-1987, SEC.50; P.L.156-1988, SEC.1; P.L.237-1989, SEC.1; P.L.1-1990, SEC.253; P.L.2-1992, SEC.776; P.L.2-1993, SEC.141; P.L.227-1993, SEC.10; P.L.227-1995, SEC.1; P.L.1-1998, SEC.132; P.L.44-1998, SEC.1; P.L.156-2001, SEC.6; P.L.255-2001, SEC.17; P.L.2-2003, SEC.65; P.L.205-2003, SEC.37; P.L.97-2004, SEC.93; P.L.212-2005, SEC.20; P.L.141-2006, SEC.106; P.L.90-2007, SEC.4; P.L.177-2009, SEC.40; P.L.114-2012, SEC.51; P.L.77-2012, SEC.52; P.L.232-2013, SEC.15; P.L.180-2018, SEC.19; P.L.128-2022, SEC.3.

IC 25-22.5-1-2.1Experimental or nonconventional treatment; protocols for treatment; causes of action Sec. 2.1. (a) An individual who consents under IC 34-18-12 may receive any experimental or nonconventional medical treatment if:

(1) a licensed physician has personally examined the individual and agrees to treat the individual;

(2) the treating physician determines:

(A) there is no reasonable basis to conclude that the medical treatment, when administered as directed, poses an unreasonable and significant risk of danger to the individual receiving the medical treatment; or

(B) the:

(i) individual has been diagnosed with a terminal disease or condition and does not have comparable or satisfactory treatment options that are approved by the federal Food and Drug Administration and that are available to diagnose, monitor, or treat the individual's disease or condition; and

(ii) probable risk to the individual from the experimental or nonconventional medical treatment is not greater than the probable risk from the individual's disease or condition; and

(3) the treating physician has provided the individual with a written statement and an oral explanation of the medical treatment that the individual has acknowledged by the individual's signature or the signature of the individual's legal representative and that discloses the following:

(A) That the medical treatment is experimental or nonconventional.

(B) That the investigational drug, biological product, or device (as defined in IC 16-42-26-2) has not been approved by the federal Food and Drug Administration for any indication.

(D) An explanation of the medical treatment, including expected frequency and duration of the treatment.

(b) If the medical treatment is to be provided on an inpatient or outpatient basis at a hospital licensed under IC 16-21, then that type of treatment must have been approved by the governing board of the hospital or by a committee of the hospital authorized by the governing board to approve the types of experimental or nonconventional medical treatments that may be provided at the hospital on an inpatient or outpatient basis.

(c) The medical licensing board shall develop protocols for medical treatments that are provided in a setting other than the inpatient or outpatient hospital setting specified in subsection (b). A physician who fails to comply with a protocol developed under this subsection shall be subject to discipline by the medical licensing board.

(d) This section does not require any person or organization to provide an individual with access to a medical treatment not otherwise commercially available to that individual.

(e) This section does not require:

(1) an insurer;

(2) a fraternal benefit society;

(3) a nonprofit corporation;

(4) a health maintenance organization (as defined in IC 27-13-1-19);

(5) a preferred provider arrangement under IC 27-8-11; or

(6) a limited service health maintenance organization (as defined in IC 27-13-34-4);

to provide coverage or make payment beyond the terms and conditions of the contract for medical treatment authorized under this section.

(f) This section does not create a cause of action against a health care provider involved in connection with the use of an investigational drug, biological product, or device by a patient for any harm to the patient from the investigational drug, biological product, or device.

As added by P.L.44-1998, SEC.2. Amended by P.L.49-1999, SEC.1; P.L.2-2015, SEC.4.

IC 25-22.5-2Chapter 2. Creation of Medical Licensing Board

25-22.5-2-1Creation and membership 25-22.5-2-2Meetings and election of officers; quorum 25-22.5-2-3Per diem and expenses 25-22.5-2-4Record keeping 25-22.5-2-5Registration and penalty fees; funds; disposition; expenses of board 25-22.5-2-6Repealed 25-22.5-2-7Board duties; adoption of rules 25-22.5-2-8Implementation of program to investigate violations; penalties; appeal; report certain actions to National Practitioner Data Bank; physician compliance fund 25-22.5-2-9Administration of anesthesia in a dental, physician, or podiatrist office; attestation; adverse event reporting

IC 25-22.5-2-1Creation and membership Sec. 1. (a) The medical licensing board of Indiana is created. It shall consist of seven (7) members, not more than four (4) of whom shall be members of the same political party. The members shall be appointed by the governor, and all vacancies occurring on the board shall be filled by the governor. Subject to IC 25-1-6.5-3, the membership of the board shall consist of the following:

(1) Five (5) reputable physicians who:

(A) are graduates of a medical school;

(B) hold the degree of doctor of medicine or its equivalent; and

(2) One (1) reputable osteopathic physician who:

(A) is a graduate of an accredited osteopathic medical school;

(B) holds the degree of doctor of osteopathy or its equivalent; and

(3) One (1) member who:

(A) will represent the general public;

(B) is a resident of this state; and

(b) Members are appointed under IC 25-1-6.5.

Formerly: Acts 1975, P.L.271, SEC.1. As amended by Acts 1981, P.L.222, SEC.152; P.L.247-1985, SEC.3; P.L.249-2019, SEC.97.

IC 25-22.5-2-2Meetings and election of officers; quorum Sec. 2. The board shall have regular meetings called upon the request of the president or a majority of the board for the transaction of business as may properly come before it under this article. At the first meeting of the board in each calendar year, the board shall organize by the election of a president and any other officers considered necessary by the board. Four (4) members of the board constitute a quorum. A majority of the quorum may transact business.

Formerly: Acts 1975, P.L.271, SEC.1. As amended by P.L.247-1985, SEC.4; P.L.152-1988, SEC.14.

IC 25-22.5-2-3Per diem and expenses Sec. 3. Per Diem and Expenses. For their services, the members shall receive the per diem as is generally paid to similar boards and agencies of the state, and the traveling expenses necessarily incurred in their attendance upon the business of the board.

Formerly: Acts 1975, P.L.271, SEC.1.

IC 25-22.5-2-4Record keeping Sec. 4. The agency shall keep a record of all licenses, permits, and applications for licensure or permit. This record must contain all the facts set forth in the application, including the action of the board thereon.

Formerly: Acts 1975, P.L.271, SEC.1. As amended by Acts 1981, P.L.222, SEC.153; P.L.247-1985, SEC.5; P.L.1-2006, SEC.445.

IC 25-22.5-2-5Registration and penalty fees; funds; disposition; expenses of board Sec. 5. Except for a penalty under section 8 of this chapter, the funds obtained from registration and penalty fees shall, upon receipt thereof, be accounted for and paid over by the agency to the treasurer of state and be placed in the general fund of the state. The expenses of the board shall be paid from the general fund upon appropriation being made therefor in the manner required by law for the making of such appropriations. The amount to be expended by the board shall not exceed the amount collected by the board from all sources.

Formerly: Acts 1975, P.L.271, SEC.1. As amended by P.L.247-1985, SEC.6; P.L.1-2006, SEC.446; P.L.149-2011, SEC.4; P.L.226-2011, SEC.20.

IC 25-22.5-2-6RepealedFormerly: Acts 1975, P.L.271, SEC.1. Repealed by Acts 1981, P.L.222, SEC.296.

IC 25-22.5-2-7Board duties; adoption of rules Sec. 7. (a) The board shall do the following:

(1) Adopt rules and forms necessary to implement this article that concern, but are not limited to, the following areas:

(A) Qualification by education, residence, citizenship, training, and character for admission to an examination for licensure or by endorsement for licensure.

(B) The examination for licensure.

(D) Fees for examination, permit, licensure, and registration.

(E) Reinstatement of licenses and permits.

(F) Payment of costs in disciplinary proceedings conducted by the board.

(2) Administer oaths in matters relating to the discharge of the board's official duties.

(3) Enforce this article and assign to the personnel of the agency duties as may be necessary in the discharge of the board's duty.

(4) Maintain, through the agency, full and complete records of all applicants for licensure or permit and of all licenses and permits issued.

(5) Make available, upon request, the complete schedule of minimum requirements for licensure or permit.

(6) Issue, at the board's discretion, a temporary permit to an applicant for the interim from the date of application until the next regular meeting of the board.

(7) Issue an unlimited license, a limited license, or a temporary medical permit, depending upon the qualifications of the applicant, to any applicant who successfully fulfills all of the requirements of this article.

(8) Adopt rules establishing standards for the competent practice of medicine, osteopathic medicine, or any other form of practice regulated by a limited license or permit issued under this article.

(9) Adopt rules regarding the appropriate prescribing of Schedule III or Schedule IV controlled substances for the purpose of weight reduction or to control obesity.

(10) Adopt rules establishing standards for office based procedures that require moderate sedation, deep sedation, or general anesthesia.

(11) Adopt rules or protocol establishing the following:

(A) An education program to be used to educate women concerning breast density, including breast density classifications set forth in IC 25-22.5-13.2-1.

(B) Standards for providing an annual screening or diagnostic test for a woman who is at least forty (40) years of age whose breast and connective tissue in comparison to fat in the breast is determined to be dense.

(12) Adopt rules establishing standards and protocols for the prescribing of controlled substances.

(13) Adopt rules as set forth in IC 25-23.4 concerning the certification of certified direct entry midwives.

(14) In consultation with the Indiana department of health and the office of the secretary of family and social services, adopt rules under IC 4-22-2 or protocols concerning the following for providers that are providing office based opioid treatment:

(A) Requirements of a treatment agreement (as described in IC 12-23-20-2) concerning the proper referral and treatment of mental health and substance use.

(B) Parameters around the frequency and types of visits required for the periodic scheduled visits required by IC 12-23-20-2.

(i) A urine toxicology screening.

(ii) HIV, hepatitis B, and hepatitis C testing.

(D) Required documentation in a patient's medical record when buprenorphine is prescribed over a specified dosage.

(15) Adopt rules as set forth in IC 25-14.5 concerning the certification of certified dietitians.

(16) Adopt rules and establish fees as set forth in IC 25-8.5-2-6 concerning the licensure of behavior analysts.

(17) Administer the interstate medical licensure compact under IC 25-22.5-16, including appointing members to the interstate medical licensure compact commission and adopting any rules necessary to administer the compact.

(b) The board may adopt rules that establish:

(1) certification requirements for child death pathologists;

(2) an annual training program for child death pathologists under IC 16-35-7-3(b)(2); and

(3) a process to certify a qualified child death pathologist.

(c) The board may adopt rules under IC 4-22-2 establishing guidelines for the practice of telehealth in Indiana. Adoption of rules under this subsection may not delay the implementation and provision of telehealth services by a provider under IC 25-1-9.5.

Formerly: Acts 1975, P.L.271, SEC.1. As amended by Acts 1981, P.L.222, SEC.154; P.L.247-1985, SEC.7; P.L.177-1997, SEC.2; P.L.18-2005, SEC.1; P.L.1-2006, SEC.447; P.L.225-2007, SEC.3; P.L.126-2013, SEC.2; P.L.185-2013, SEC.2; P.L.232-2013, SEC.16; P.L.78-2016, SEC.3; P.L.211-2019, SEC.36; P.L.213-2019, SEC.2; P.L.249-2019, SEC.98; P.L.85-2021, SEC.26; P.L.137-2021, SEC.31; P.L.212-2021, SEC.12; P.L.60-2022, SEC.1; P.L.56-2023, SEC.233; P.L.3-2024, SEC.3.

IC 25-22.5-2-8Implementation of program to investigate violations; penalties; appeal; report certain actions to National Practitioner Data Bank; physician compliance fund Sec. 8. (a) The board shall implement a program to investigate and assess a civil penalty of not more than one thousand dollars ($1,000) against a physician licensed under this article for the following violations:

(1) Licensure renewal fraud.

(2) Improper termination of a physician and patient relationship.

(3) Practicing with an expired medical license.

(4) Providing office based anesthesia without the proper accreditation.

(5) Failure to perform duties required for issuing birth or death certificates.

(6) Failure to disclose, or negligent omission of, documentation requested for licensure renewal.

(7) Failure to complete or timely transmit a pregnancy termination form under IC 16-34-2-5, with each failure constituting a separate violation.

(b) An individual who is investigated by the board and found by the board to have committed a violation specified in subsection (a) may appeal the determination made by the board in accordance with IC 4-21.5.

(c) In accordance with the federal Health Care Quality Improvement Act (42 U.S.C. 11132), the board shall report a disciplinary board action that is subject to reporting to the National Practitioner Data Bank. However, the board may not report board action against a physician for only an administrative penalty described in subsection (a). The board's action concerning disciplinary action or an administrative penalty described in subsection (a) shall be conducted at a hearing that is open to the public.

(d) The physician compliance fund is established to provide funds for administering and enforcing the investigation of violations specified in subsection (a). The fund shall be administered by the Indiana professional licensing agency.

(e) The expenses of administering the physician compliance fund shall be paid from the money in the fund. The fund consists of penalties collected through investigations and assessments by the board concerning violations specified in subsection (a). Money in the fund at the end of a state fiscal year does not revert to the state general fund.

As added by P.L.149-2011, SEC.5. Amended by P.L.154-2012, SEC.3; P.L.177-2015, SEC.47.

IC 25-22.5-2-9Administration of anesthesia in a dental, physician, or podiatrist office; attestation; adverse event reporting Sec. 9. (a) Any rule adopted under section 7(a)(10) of this chapter that requires an office based setting to be accredited by an accreditation agency approved by the board shall not apply to an individual described in subsection (b) providing anesthesia in a physician office, podiatrist office, or dental office.

(b) The following may administer moderate sedation, deep sedation, or general anesthesia to a patient in an office described in subsection (a) if the standards described in subsection (c) are met:

(1) An anesthesiologist licensed under this article.

(2) A certified registered nurse anesthetist (as defined in IC 25-23-1-1.4) under the direction of and in the immediate presence of a physician.

(3) An anesthesiologist assistant practicing in compliance with IC 25-3.7-2-4.

(c) An anesthesiologist administering anesthesia or a physician directing or supervising the administration of anesthesia, as required by subsection (b)(2) and (b)(3), in an office described in subsection (a) shall do the following:

(1) Ensure that the standards required by rules adopted under section 7(a)(10) of this chapter concerning:

(A) procedures performed in office based settings;

(B) the operation of office based settings; and

are met.

(2) Once every two (2) years, submit the following to the board in writing:

(A) The address of the applicable physician office, podiatrist office, or dental office.

(B) An attestation that the standards required under this section have been met.

(d) A physician group practice, on behalf of the physicians in the group practice, may submit the attestation required by subsection (c)(2).

(e) Not later than twenty-four (24) hours from an adverse event concerning the administration of anesthesia in an office that is not accredited as allowed under this section, a health care provider described in subsection (b) shall report to the board any adverse event required by the board to be reported under subsection (f) that occurs in an office described in subsection (a) that is not accredited as permitted under this section.

(f) The board shall do the following:

(1) Determine the adverse events that are required to be reported under subsection (e).

(2) Establish the procedure for reporting an adverse event.

(3) Post any reported adverse events on the board's website.

As added by P.L.106-2023, SEC.1. Amended by P.L.143-2025, SEC.46.

IC 25-22.5-3Chapter 3. Licensure Requirements

25-22.5-3-1Minimum requirements 25-22.5-3-2Foreign medical graduates

IC 25-22.5-3-1Minimum requirements Sec. 1. (a) The minimum requirements for all applicants for an unlimited license to practice medicine or osteopathic medicine in Indiana must include but are not limited to the requirements prescribed by this section.

(b) The applicant must not have a conviction for a crime that has a direct bearing on the applicant's ability to practice competently.

(c) The applicant shall possess the degree of doctor of medicine or doctor of osteopathy or its equivalent from a medical school which was approved by the board as of the time the degree was conferred.

(d) The applicant shall have successfully passed the examination for licensure or shall have satisfied the requirements for licensure by endorsement as prescribed by the board.

(e) The applicant shall be physically and mentally capable of, and professionally competent to, safely engage in the practice of medicine or osteopathic medicine as determined by the board and shall submit:

(1) to an examination; or

(2) additional evidence to the board;

if considered necessary by the board to determine such capability. In making that determination, the board may consider any malpractice settlements or judgments against the applicant.

(f) The applicant shall not have had disciplinary action taken against the applicant or the applicant's license by the board or by the licensing agency of any other state or jurisdiction by reasons of the applicant's inability to safely practice medicine or osteopathic medicine and those reasons are still valid in the opinion of the board.

(g) The applicant shall have submitted a complete transcript of his educational records, grades, and diploma from his medical school with an English translation thereof.

(h) The applicant shall, at the board's discretion, make a personal appearance before it.

(i) The applicant shall have completed one (1) year of postgraduate training in a hospital or institution located in the United States, its possessions, or Canada that meets standards set by the board under IC 25-22.5-2-7.

Formerly: Acts 1975, P.L.271, SEC.1. As amended by Acts 1981, P.L.222, SEC.155; Acts 1982, P.L.113, SEC.56; P.L.247-1985, SEC.8; P.L.149-1987, SEC.51.

IC 25-22.5-3-2Foreign medical graduates Sec. 2. (a) In addition to meeting all the requirements of section 1 of this chapter except subsection (i), an applicant for licensure who:

(1) has been graduated from a medical school outside the United States, its possessions, or Canada; and

(2) submits evidence satisfactory to the board that prior to passing the examination the applicant has successfully completed a minimum of at least two (2) years of postgraduate training in a hospital or an institution located in the United States or Canada which meets the standards approved by the nationally recognized medical or osteopathic accrediting bodies in the United States, for the purpose of graduate training which is approved by the board;

is entitled to receive an unlimited license to practice medicine or osteopathic medicine.

(b) Notwithstanding subsection (a), the board may waive the second year of postgraduate training in the United States or Canada required of a graduate of a foreign medical school.

Formerly: Acts 1975, P.L.271, SEC.1. As amended by P.L.247-1985, SEC.9; P.L.156-1986, SEC.1; P.L.242-1995, SEC.1.

IC 25-22.5-4Chapter 4. Examinations

25-22.5-4-1Rules; scope of topics; passing score 25-22.5-4-2Procedure

IC 25-22.5-4-1Rules; scope of topics; passing score Sec. 1. (a) The board shall:

(1) adopt rules concerning examinations; and

(2) prepare and give, or approve the preparation and giving of, an examination which covers those general subjects and topics, a knowledge of which is commonly and generally required, in the opinion of the board, to practice medicine or osteopathic medicine in Indiana.

(b) An applicant must achieve a passing score on the examination to qualify for licensure.

Formerly: Acts 1975, P.L.271, SEC.1. As amended by Acts 1982, P.L.113, SEC.57; P.L.247-1985, SEC.10; P.L.149-1987, SEC.52; P.L.180-2018, SEC.20.

IC 25-22.5-4-2Procedure Sec. 2. If any applicant fails to satisfactorily pass the examination for licensure, the applicant is entitled to take not more than two (2) subsequent examinations at other examination periods within nineteen (19) months from the date of the first examination upon the payment of an additional examination fee each time. The board may establish additional requirements under IC 25-22.5-2-7 for those applicants who, after having failed the examination three (3) or more times, wish to take another examination.

Formerly: Acts 1975, P.L.271, SEC.1. As amended by P.L.247-1985, SEC.11.

IC 25-22.5-5Chapter 5. Licenses and Permits

25-22.5-5-1Licenses with examination 25-22.5-5-2Licenses without examination 25-22.5-5-2.5Unlimited and probationary licenses; refusal to license; removal of limitation 25-22.5-5-2.7Provisional license 25-22.5-5-3Waiver of requirements 25-22.5-5-4Temporary medical permits 25-22.5-5-4.5Repealed 25-22.5-5-4.6Noneducational commission for foreign medical graduates certified graduate permits 25-22.5-5-4.7Legalization of actions taken under section 4.5 of this chapter after June 30, 2008, and before May 13, 2009 25-22.5-5-5Repealed 25-22.5-5-6Eye enucleators; corneal excision technicians; registration; training programs 25-22.5-5-7Limited license

IC 25-22.5-5-1Licenses with examination Sec. 1. Licenses with Examination. Any applicant who successfully passes the examination provided in chapter 4, and who meets all of the requirements of chapter 3, is entitled to be registered as a physician and to receive an unlimited license to practice medicine or osteopathic medicine.

Formerly: Acts 1975, P.L.271, SEC.1.

IC 25-22.5-5-2Licenses without examination Sec. 2. (a) The board in its discretion may register as a physician and may issue by endorsement an unlimited license to practice medicine or osteopathic medicine to any applicant who has:

(1) complied with the minimum requirements of IC 25-22.5-3; and

(2) passed an examination:

(A) for licensure in another state or territory of the United States, or Canada; or

(B) given by a recognized certifying agency approved by the board;

if that examination was, in the opinion of the board, equivalent in every respect to Indiana's examination at the time it was taken.

(b) The board may refuse to issue a license or may issue a probationary license to an applicant for licensure under this section if:

(1) the applicant has been disciplined by an administrative agency in another state or jurisdiction; and

(2) the board determines that the violation for which the applicant was disciplined has a direct bearing on the applicant's ability to practice competently as a physician in Indiana.

Formerly: Acts 1975, P.L.271, SEC.1. As amended by P.L.149-1987, SEC.53; P.L.33-1993, SEC.28.

IC 25-22.5-5-2.5Unlimited and probationary licenses; refusal to license; removal of limitation Sec. 2.5. (a) The board may:

(1) refuse to issue a license;

(2) issue an unlimited license; or

(3) issue a probationary license to an applicant for licensure by examination or endorsement;

if the applicant has had a license revoked under this chapter and is applying for a new license after the expiration of the period prescribed by IC 25-1-9-12.

(b) Before making a determination under subsection (a), the board may require the applicant to engage in full-scale assessments, formal training programs, supervised practice arrangements, formal testing, or other proof of competence as provided under section 2.7 of this chapter.

(c) When issuing a probationary license under this section, the board may require the individual holding the license to perform any of the following acts as a condition for the issuance of a probationary license:

(1) Submit a regular report to the board concerning matters that are the basis of probation.

(2) Limit the practice of the individual to the areas prescribed by the board.

(3) Continue or renew the individual's professional education.

(4) Perform or refrain from performing acts, as the board considers appropriate to the public interest or the rehabilitation of the individual.

(5) Engage in community restitution or service without compensation for a number of hours specified by the board.

(6) Any combination of these conditions.

(d) If the board determines following a hearing that the deficiency requiring disciplinary action concerning the individual has been remedied, the board shall remove any limitation placed on the individual's license under subsection (c).

As added by P.L.152-1988, SEC.15. Amended by P.L.33-1993, SEC.29; P.L.32-2000, SEC.13; P.L.105-2008, SEC.40.

IC 25-22.5-5-2.7Provisional license Sec. 2.7. (a) The board may issue a provisional license to an applicant who:

(1) has not practiced medicine or has not maintained continued competency for at least two (2) years immediately preceding the filing of an application for an initial license;

(2) has applied for reinstatement of a license under IC 25-1-8-6 that has been lapsed for at least three (3) years; or

(3) has submitted a request, petition, motion, or application to reactivate an inactive license previously issued by the board.

(b) For an applicant to qualify for a provisional license under subsection (a), the board must find the following:

(1) The applicant's practice is deficient in one (1) or more areas.

(2) The nature of the applicant's deficiency is such that it does not constitute a violation of the practice act, other than a de minimis violation, as determined by the board.

(3) The nature of the applicant's identified practice deficiency is such that it may be monitored until resolved to the satisfaction of the board.

(4) The applicant's practice deficiency did not result in death, serious harm, or other serious outcome for a patient or patients.

(5) The applicant's practice deficiency did not represent an intentional or willful commission or omission of an act that constitutes a violation of IC 25-1-9-4, IC 25-22.5, or the rules of the board.

(6) The applicant's practice deficiency did not involve sexual misconduct.

(c) As a condition for an applicant to hold a provisional license, the board may require full-scale assessments, engagement in formal training programs, supervised practice arrangements, formal testing, or other proof of competence.

(d) An applicant under this section shall develop an individualized practice reentry program subject to the approval of the board.

(e) The duration of a provisional license shall be determined by the board and reviewed at least annually by the board.

(f) When an applicant has demonstrated to the board that the applicant has satisfactorily met the terms of the individualized practice reentry program, the applicant shall be released from terms of the provisional license and is entitled to hold an unlimited license under IC 25-22.5-3-1.

(g) A provisional license is a nonrestricted license, and the issuance of a provisional license issued under this section may not be construed as a disciplinary action taken by the board.

(h) The board may take disciplinary action against an applicant who holds a provisional license if, after a hearing, the board finds any of the following:

(1) Failure to comply with any term of the provisional license.

(2) Receipt of evidence from an appointed supervisor or workplace monitor that the holder of the provisional license has failed to make satisfactory progress or successfully complete the requirements of the provisional license.

(3) Receipt of evidence from an appointed supervisor or workplace monitor that the holder of the provisional license has failed to incorporate learned knowledge and skills into the holder's practice or has continued to demonstrate the same practice deficiency that led to the issuance of the provisional license.

(4) A violation of IC 25-1-9.

(i) The holder of a provisional license may petition the board for modification, withdrawal, or retirement of the provisional license.

As added by P.L.105-2008, SEC.41.

IC 25-22.5-5-3Waiver of requirements Sec. 3. The board, in certain exceptional instances, may waive for limited licenses, temporary medical permits, or final licensure any of the provisions of this article, including fee requirements, if a complete evaluation by the board of the applicant's previous training, education, and practice determines them to equal or exceed the requirements of this article.

Formerly: Acts 1975, P.L.271, SEC.1. As amended by P.L.247-1985, SEC.12.

IC 25-22.5-5-4Temporary medical permits Sec. 4. (a) The board may authorize the agency to issue temporary medical permits for the practice of medicine or osteopathic medicine. When a temporary medical permit is issued, it is subject to any termination date specified by the board. A temporary medical permit may be issued to any person who:

(1) has completed the academic requirements for the degree of doctor of medicine or doctor of osteopathy from a medical school approved by the board; and

(2) desires to obtain postgraduate medical education or training in a medical education institution or hospital located in Indiana which has standards for postgraduate medical education and training satisfactory to the board;

is required to obtain a temporary medical permit unless the graduate possesses an unlimited license to practice medicine or osteopathic medicine in Indiana. Application for the permit must be made to the board subject to this article. A temporary medical permit issued to a person under this subsection for purposes of postgraduate training is valid for a period of one (1) year and may be renewed for additional one (1) year periods at the discretion of the board.

(b) A medical educational institution located in Indiana which has standards satisfactory to the board may, in the board's discretion, secure from it a permit for a person in the active practice of medicine outside the state of Indiana or the United States, but who is not licensed in Indiana, to teach medicine in the institution for an annually renewable period not to exceed one (1) year by filing with the board an application by the institution and the person certifying:

(1) the person's professional qualifications;

(2) the term of the teaching appointment;

(3) the medical subjects to be taught; and

(4) other information and assurances as the board may require.

If the application is approved, the person is entitled to receive a "temporary medical teaching permit" which authorizes the person to teach medicine in the applicant institution for a stated period not to exceed one (1) year. This permit must be kept in the possession of the institution and surrendered by it to the board for cancellation within thirty (30) days after the person has ceased teaching in the institution. The permit authorizes the person to practice in the institution only and, in the course of teaching, to practice those medical or osteopathic medical acts as are usually and customarily performed by a physician teaching in a medical educational institution, but does not authorize the person to practice medicine or osteopathic medicine otherwise.

(c) Any medical educational institution in this state which authorizes or permits a physician to violate this article or which itself violates this section may, in the discretion of the board, be disqualified from further receiving the benefits of this section.

(d) A person who holds a valid license to practice medicine or osteopathic medicine in the United States, its possessions, or Canada, and who is seeking licensure by endorsement, may be issued a temporary medical permit by the agency upon the authorization of the board. A temporary medical permit issued under this subsection is valid for ninety (90) days or for a period considered appropriate by the board.

(e) A person who is licensed to practice medicine or osteopathic medicine by any board or licensing agency of another state or jurisdiction, and who meets the requirements established by the board under IC 25-22.5-2-7, may be issued a temporary medical permit limited by terms and conditions considered appropriate by the board. A temporary medical permit issued under this subsection is valid for a nonrenewable period of no more than thirty (30) days.

Formerly: Acts 1975, P.L.271, SEC.1. As amended by P.L.247-1985, SEC.13; P.L.1-2006, SEC.448; P.L.78-2017, SEC.14.

IC 25-22.5-5-4.5RepealedAs added by P.L.184-2003, SEC.13. Amended by P.L.97-2004, SEC.94; P.L.1-2006, SEC.449. Repealed by P.L.177-2009, SEC.63.

IC 25-22.5-5-4.6Noneducational commission for foreign medical graduates certified graduate permits Sec. 4.6. (a) The board may authorize the agency to issue noneducational commission for foreign medical graduates certified graduate permits for the practice of medicine or osteopathic medicine. A noneducational commission for foreign medical graduates certified graduate permit is subject to any termination date specified by the board.

(b) The board may issue a noneducational commission for foreign medical graduates certified graduate permit to a graduate of a school located outside the United States, its possessions, or Canada if the graduate:

(1) applies in the form and manner required by the board;

(2) pays a fee set by the board;

(3) has completed the academic requirements for the degree of doctor of medicine or doctor of osteopathic medicine from a medical school approved by the board;

(4) has been issued a valid permit by another state for participation in a postgraduate medical education or training program located in a state that has standards for postgraduate medical education and training satisfactory to the board;

(5) has been accepted into a postgraduate medical training program that:

(A) is affiliated with a medical school located in a state that issued a permit under subdivision (4);

(B) has a training site located in Indiana; and

(6) provides the board with documentation of the areas of medical practice for which the training is sought;

(7) provides the board with at least two (2) letters of reference documenting the individual's character; and

(8) demonstrates to the board that the individual is a physician of good character who is in good standing outside the United States, its possessions, or Canada where the person normally would practice.

(c) Applications for a noneducational commission for foreign medical graduates certified graduate permit for graduates of foreign medical schools must be made to the board subject to this section.

(d) A permit issued under this section expires one (1) year after the date it is issued and, at the discretion of the board, may be renewed for additional one (1) year periods upon the payment of a renewal fee set by the board by rule.

(e) An individual who applies for a noneducational commission for foreign medical graduates certified graduate permit under this section is not required to take any step of the United States Medical Licensure Examination.

(f) A noneducational commission for foreign medical graduates certified graduate permit must be kept in the possession of the fellowship training institution and surrendered by the institution to the board within thirty (30) days after the person ceases training in Indiana.

(g) A noneducational commission for foreign medical graduates certified graduate permit authorizes a person to practice in the training institution only and, in the course of training, to practice only those medical acts approved by the board but does not authorize the person to practice medicine or osteopathic medicine otherwise.

(h) The board may deny an application for a noneducational commission for foreign medical graduates certified graduate permit if the training program that has accepted the applicant has:

(1) violated; or

(2) authorized or permitted a physician to violate;

this section.

(i) A person issued a noneducational commission for foreign medical graduates certified graduate permit under this section must file an affidavit that:

(1) is signed by a physician licensed in Indiana;

(2) includes the license number of the signing physician; and

(3) attests that the physician will monitor the work of the physician holding the noneducational commission for foreign medical graduates certified graduate permit.

The affidavit must be filed with the agency before the person holding the noneducational commission for foreign medical graduates certified graduate permit may provide medical services.

As added by P.L.177-2009, SEC.41. Amended by P.L.78-2017, SEC.15; P.L.180-2018, SEC.21; P.L.90-2019, SEC.47.

IC 25-22.5-5-4.7Legalization of actions taken under section 4.5 of this chapter after June 30, 2008, and before May 13, 2009 Sec. 4.7. Any action taken under section 4.5 of this chapter (before its repeal) after June 30, 2008, but before May 13, 2009, is legalized and validated.

As added by P.L.220-2011, SEC.407.

IC 25-22.5-5-5RepealedFormerly: Acts 1975, P.L.271, SEC.1. As amended by P.L.247-1985, SEC.14. Repealed by P.L.185-1993, SEC.15.

IC 25-22.5-5-6Eye enucleators; corneal excision technicians; registration; training programs Sec. 6. (a) The board shall register as an eye enucleator an individual who qualifies for registration under rules adopted by the board under IC 25-22.5-2-7. An applicant for registration as an eye enucleator must submit evidence that the applicant has successfully completed a training program in the enucleation of eyes approved by the board. To be approved, a training program must:

(1) be taught by one (1) or more surgeons or physicians;

(2) include instruction and practice in:

(A) anatomy and physiology of the eye;

(B) the maintenance of a sterile field during the removal of an eye; and

(3) comply with rules adopted by the board under IC 25-22.5-2-7.

Registration of an eye enucleator under this section does not qualify the eye enucleator to remove corneas or corneal tissue.

(b) The board shall register as a corneal excision technician a person who qualifies for registration under rules adopted by the board under IC 25-22.5-2-7. An applicant for registration as a corneal excision technician must submit evidence that the applicant has successfully completed a training program in corneal excision approved by the board. To be approved, a training program must:

(1) be taught by one (1) or more surgeons or physicians;

(2) include instruction and practice in:

(A) the anatomy and physiology of the eye;

(B) maintenance of a sterile field during the removal of a cornea, an eye, or part of an eye; and

(3) comply with rules adopted by the board under IC 25-22.5-2-7.

A corneal excision technician registered under this section may remove an eye, part of an eye, a cornea, and corneal tissue.

(d) The board shall adopt rules under IC 25-22.5-2-7 to implement this section.

As added by P.L.36-1993, SEC.3.

IC 25-22.5-5-7Limited license Sec. 7. (a) For purposes of this section, "health care facility" has the meaning set forth in IC 16-21-11-1.

(b) For purposes of this section, "underserved area" means a county, city, town, census tract, or township designated by the Indiana department of health under IC 16-46-5-7 as underserved by physicians.

(c) Except as provided in subsection (d), the board shall issue a limited license to an individual who meets all of the following:

(1) The individual applies in a form and manner required by the board.

(2) The individual pays a fee of one hundred dollars ($100).

(3) The individual:

(A) holds:

(i) a medical doctorate or substantially similar degree issued by an international medical program in good standing, as determined by the board; and

(ii) a certificate issued by the Educational Commission on Foreign Medical Graduates;

(B) is in good standing with the medical licensing or regulatory institution of the individual's resident country and has no pending discipline before the licensing or regulatory institution;

(C) completed a residency program or other similar postgraduate medical or clinical training that, as determined by the board, is substantially similar to a residency program accredited by the Accreditation Council for Graduate Medical Education;

(D) practiced medicine as a licensed physician in a full-time capacity for at least five (5) years out of the preceding six (6) years;

(E) achieved a passing score on steps one (1) through three (3) of the United States Medical Licensing Examination; and

(F) is proficient in the English language.

(4) The individual has a written offer of employment as a physician at a health care facility in an underserved area and the written offer includes the following:

(A) A statement that the health care facility formally agrees to sponsor the individual.

(B) A requirement that the individual must work in collaboration with a supervising physician through a written collaborative agreement that specifies:

(i) the responsibilities and scope of the individual's practice; and

(ii) the manner in which the individual must consult, cooperate, and coordinate with the supervising physician.

(i) the governing board of the health care facility; or

(ii) if the health care facility has no governing body, the chief executive;

has, after consulting with the medical staff of the health care facility, granted privileges to the individual.

(d) The board may not issue a limited license under this section to an individual who does not possess a federal immigration status allowing the individual to practice as a physician in the United States.

(e) A limited license under this section:

(1) authorizes the recipient to practice medicine only at a health care facility in an underserved area; and

(2) expires biennially in accordance with IC 25-22.5-7-1, and may be renewed for not more than six (6) cumulative years.

(f) The board may revoke a limited license under this section if:

(1) the recipient is no longer employed as a physician at a health care facility in an undeserved area; or

(2) there is a compelling reason to revoke the limited license.

(g) Notwithstanding IC 25-22.5-3, the board may convert a limited license under this section that is in good standing to an unlimited license after five (5) years.

(h) The board may require a comprehensive evaluation by an independent organization of an individual to determine the individual's competency in the specialty before issuing an unlimited medical license to the individual under subsection (g).

(i) This section expires December 31, 2040.

As added by P.L.234-2025, SEC.1.

IC 25-22.5-5.5Chapter 5.5. Physician Noncompete Agreements

25-22.5-5.5-1Applicability of chapter to agreements entered into beginning July 1, 2020 25-22.5-5.5-1.1"Business entity" 25-22.5-5.5-1.2"Hospital" 25-22.5-5.5-1.3"Hospital system" 25-22.5-5.5-1.4"Noncompete agreement" 25-22.5-5.5-1.5"Primary care physician" 25-22.5-5.5-1.6"Originally entered into" 25-22.5-5.5-1.7"Practice of medicine" 25-22.5-5.5-2Requirements of physician noncompete agreements to be enforceable 25-22.5-5.5-2.3Prohibition on physician noncompete agreements with hospital, parent company, affiliated manager, or hospital system 25-22.5-5.5-2.5Prohibition on primary care physician noncompete agreements 25-22.5-5.5-2.6Negotiation of purchase price for release from noncompete agreement; mediation 25-22.5-5.5-3Reasonable fee for copying or transferring patient medical records 25-22.5-5.5-4Construction of chapter

IC 25-22.5-5.5-1Applicability of chapter to agreements entered into beginning July 1, 2020 Sec. 1. This chapter applies to physician noncompete agreements originally entered into on or after July 1, 2020.

As added by P.L.93-2020, SEC.8.

IC 25-22.5-5.5-1.1"Business entity" Sec. 1.1. As used in section 1.4 of this chapter, "business entity" means a corporation, partnership, sole proprietorship, professional corporation, limited liability company, limited liability partnership, or any other company or organization authorized to do business in Indiana.

As added by P.L.207-2025, SEC.1.

IC 25-22.5-5.5-1.2"Hospital" Sec. 1.2. As used in sections 1.4 and 2.3 of this chapter, "hospital" has the meaning set forth in IC 16-18-2-179(b).

As added by P.L.207-2025, SEC.2.

IC 25-22.5-5.5-1.3"Hospital system" Sec. 1.3. As used in sections 1.4 and 2.3 of this chapter, "hospital system" means:

(1) a parent corporation of at least one (1) hospital and any entity affiliated with the parent corporation through ownership, governance, or membership; or

(2) a hospital and any entity affiliated with the hospital through ownership, governance, or membership.

As added by P.L.207-2025, SEC.3.

IC 25-22.5-5.5-1.4"Noncompete agreement" Sec. 1.4. (a) As used in section 2.3 of this chapter, "noncompete agreement" means a contract, or any part of a contract, to which a physician is a party that has the purpose or effect of restricting or penalizing a physician's ability to engage in the practice of medicine in any geographic area, for any period of time, after the physician's employment relationship with a hospital, a parent company of a hospital, an affiliated manager of a hospital, or a hospital system has ended. The term includes any provision that does the following:

(1) Prohibits the physician from engaging in the practice of medicine with a new employer.

(2) Imposes financial penalties or repayment obligations, or requires reimbursement of bonuses, training expenses, or similar payments that:

(A) apply to a physician that has been employed by:

(i) a hospital;

(ii) a parent company of a hospital;

(iii) an affiliated manager of a hospital; or

(iv) a hospital system;

for at least three (3) years; and

(B) are based solely or primarily on the physician's decision to continue engaging in the practice of medicine with a new employer.

(3) Requires the physician to:

(A) obtain employer consent; or

(B) submit to equitable relief;

to engage in the practice of medicine with a new employer, regardless of geographic area or specialty.

(4) Imposes indirect restrictions that have the effect of limiting or deterring the physician's practice of medicine with a new employer.

(b) The term does not include the following:

(1) A nondisclosure agreement that protects confidential business information or trade secrets.

(2) A nonsolicitation agreement that prohibits solicitation of current employees for a period not exceeding one (1) year after the physician's employment ends. However, the nonsolicitation agreement may not restrict:

(A) patient interactions;

(B) patient referrals;

(D) the physician's professional relationships.

(3) An agreement made in connection with the bona fide sale of a business entity when the physician owns more than fifty percent (50%) of the business entity at the time of sale.

As added by P.L.207-2025, SEC.4.

IC 25-22.5-5.5-1.5"Primary care physician" Sec. 1.5. As used in this chapter, "primary care physician" refers to a physician practicing in one (1) or more of the following:

(1) Family medicine.

(2) General pediatric medicine.

(3) Internal medicine.

As added by P.L.165-2023, SEC.1.

IC 25-22.5-5.5-1.6"Originally entered into" Sec. 1.6. (a) As used in section 2.3 of this chapter, "originally entered into" refers to the date on which an agreement is entered into for the first time.

(b) The term does not refer to the date of:

(1) an amendment to an existing agreement; or

(2) renewal of an existing agreement.

As added by P.L.207-2025, SEC.5.

IC 25-22.5-5.5-1.7"Practice of medicine" Sec. 1.7. (a) As used in section 1.4 of this chapter, "practice of medicine" has the meaning set forth in IC 25-22.5-1-1.1(a)(1) and IC 25-22.5-1-1.1(a)(2).

(b) The term does not include activities that:

(1) are solely and exclusively executive or managerial; and

(2) do not involve direct patient care.

As added by P.L.207-2025, SEC.6.

IC 25-22.5-5.5-2Requirements of physician noncompete agreements to be enforceable Sec. 2. (a) Subject to subsection (b), to be enforceable, a physician noncompete agreement must include all of the following provisions:

(1) A provision that requires the employer of the physician to provide the physician with a copy of any notice that:

(A) concerns the physician's departure from the employer; and

(B) was sent to any patient seen or treated by the physician during the two (2) year period preceding the termination of the physician's employment or the expiration of the physician's contract. Provided, however, the patient names and contact information be redacted from the copy of the notice provided from the employer of the physician to the physician.

(2) A provision that requires the physician's employer to, in good faith, provide the physician's last known or current contact and location information to a patient who:

(A) requests updated contact and location information for the physician; and

(B) was seen or treated by the physician during the two (2) year period preceding the termination of the physician's employment or the expiration of the physician's contract.

(3) A provision that provides the physician with:

(A) access to; or

(B) copies of;

any medical record associated with a patient described in subdivision (1) or (2) upon receipt of the patient's consent.

(4) A provision that provides the physician whose employment has terminated or whose contract has expired with the option to purchase a complete and final release from the terms of the enforceable physician noncompete agreement at a reasonable price. However, in the event the physician elects not to exercise the purchase option, then the option to purchase provision may not be used in any manner to restrict, bar, or otherwise limit the employer's equitable remedies, including the employer's enforcement of the physician noncompete agreement.

(5) A provision that prohibits the providing of patient medical records to a requesting physician in a format that materially differs from the format used to create or store the medical record during the routine or ordinary course of business, unless a different format is mutually agreed upon by the parties. Paper or portable document format copies of the medical records satisfy the formatting provisions of this chapter.

(b) Beginning July 1, 2023, a physician noncompete agreement is not enforceable if any of the following circumstances occur:

(1) The employer terminates the physician's employment without cause.

(2) The physician terminates the physician's employment for cause.

(3) The physician's employment contract has expired and the physician and employer have fulfilled the obligations of the contract.

As added by P.L.93-2020, SEC.8. Amended by P.L.165-2023, SEC.2.

IC 25-22.5-5.5-2.3Prohibition on physician noncompete agreements with hospital, parent company, affiliated manager, or hospital system Sec. 2.3. (a) This section does not apply to a noncompete agreement originally entered into before July 1, 2025.

(b) Notwithstanding any other law, a physician and:

(1) a hospital;

(2) a parent company of a hospital;

(3) an affiliated manager of a hospital; or

(4) a hospital system;

may not enter into a noncompete agreement on or after July 1, 2025.

As added by P.L.207-2025, SEC.7.

IC 25-22.5-5.5-2.5Prohibition on primary care physician noncompete agreements Sec. 2.5. (a) This section does not apply to a physician noncompete agreement originally entered into before July 1, 2023.

(b) Notwithstanding any other law, a primary care physician and an employer may not enter into a noncompete agreement.

As added by P.L.165-2023, SEC.3.

IC 25-22.5-5.5-2.6Negotiation of purchase price for release from noncompete agreement; mediation Sec. 2.6. (a) This section does not apply to a physician noncompete agreement originally entered into before July 1, 2023.

(b) If a physician elects to exercise the option to purchase a release from a noncompete agreement under section 2(a)(4) of this chapter, the employer shall negotiate in good faith with the physician to determine a reasonable purchase price.

(1) a physician notifies the employer of the physician's election to exercise the option to purchase a release from the noncompete agreement under section 2(a)(4) of this chapter; and

(2) the physician and the employer cannot agree on a reasonable purchase price;

the physician or the employer may serve a notice of intent to pursue mediation.

(d) A party shall serve a notice of intent to pursue mediation under subsection (c) on the other party not later than thirty-five (35) days after the physician notifies the employer under subsection (c)(1).

(e) The parties shall mutually select a mediator to conduct a mediation under this section.

(f) Unless the parties agree otherwise, the mediation must take place in the city within Indiana that:

(1) is closest to the physician's primary place of employment during the term of the physician's contract with the employer; and

(2) has a population of more than fifty thousand (50,000).

(g) The mediation must conclude not later than forty-five (45) days after the date that the notice of intent to pursue mediation was served under subsection (c).

(h) Unless the parties agree otherwise, the cost of the mediator and any other direct costs of the mediation must be equally divided between the parties engaged in the mediation. All other costs must be paid by the party incurring them.

As added by P.L.165-2023, SEC.4.

IC 25-22.5-5.5-3Reasonable fee for copying or transferring patient medical records Sec. 3. A person or entity required to create, copy, or transfer a patient medical record for a reason specified in this chapter may charge a reasonable fee for the service as permitted under applicable state or federal law.

As added by P.L.93-2020, SEC.8.

IC 25-22.5-5.5-4Construction of chapter Sec. 4. Nothing in this chapter shall be construed to prohibit, limit, impair, or abrogate:

(1) the ability of the parties to negotiate any other term not specified under this chapter; or

(2) any other right, remedy, or relief permitted by law or in equity.

As added by P.L.93-2020, SEC.8.

IC 25-22.5-6Chapter 6. Discipline; Retirement of Licenses

25-22.5-6-1Retirement and surrender; inactive status 25-22.5-6-2Repealed 25-22.5-6-2.1Repealed 25-22.5-6-3Immunity from civil liability 25-22.5-6-4Injunctions

IC 25-22.5-6-1Retirement and surrender; inactive status Sec. 1. (a) Any physician licensed to practice medicine or osteopathic medicine in this state who intends to retire from practice shall notify the board in writing of the physician's intention to retire. Upon receipt of this notice, the board shall record the fact that the physician is retired and excuse the person from further payment of registration fees. If any physician retires the physician's license to practice medicine or osteopathic medicine in this state, reinstatement of the license may be considered by the board upon written request. The board may impose any conditions it considers appropriate to the retirement or to the reinstatement of a retired license. If any disciplinary proceedings under this chapter are pending against a physician, the physician may not surrender or retire the physician's license to practice without the written approval of the board.

(b) Any physician licensed to practice medicine or osteopathic medicine in this state who intends to become inactive in the practice of medicine or osteopathic medicine shall notify the board in writing that:

(1) the physician will not maintain an office or practice; and

(2) if the physician does render a service that constitutes the practice of medicine or osteopathic medicine, the physician will not charge a fee for that service.

The board shall then classify the physician's license as inactive. The renewal fee of the inactive license is one-half (1/2) of the registration fee.

(c) If a physician holding an inactive license intends to maintain an office or practice or charge a fee for the physician's medical services, the physician shall notify the board of the intent to reactivate a license to practice medicine or osteopathy. As a condition of reactivation, the board may require the physician to appear before the board. This personal appearance shall be to establish the physician's work history if the physician's license has been inactive for more than three (3) years and the physician cannot verify active practice history in another jurisdiction during the period in which the physician's Indiana license has been under inactive status. Upon:

(1) notification;

(2) receipt of the regular registration fee for a physician's license, less the amount paid for the current inactive license; and

(3) either:

(A) verification of active licensure in another jurisdiction; or

(B) completion of other reasonable requirements imposed by the board, after the physician's work history has been established;

the board shall reinstate that physician's license.

Formerly: Acts 1975, P.L.271, SEC.1. As amended by Acts 1979, P.L.246, SEC.1; P.L.247-1985, SEC.15; P.L.157-2006, SEC.60; P.L.180-2018, SEC.22.

IC 25-22.5-6-2RepealedFormerly: Acts 1975, P.L.271, SEC.1. As amended by Acts 1979, P.L.246, SEC.2. Repealed by Acts 1981, P.L.222, SEC.296.

IC 25-22.5-6-2.1RepealedAs added by Acts 1981, P.L.222, SEC.156. Amended by P.L.247-1985, SEC.16; P.L.149-1987, SEC.54. Repealed by P.L.152-1988, SEC.30.

IC 25-22.5-6-3Immunity from civil liability Sec. 3. The executive director and staff of the agency, counsel, investigators, hearing officers, and the board members are immune from civil liability for damages for conduct within the scope and arising out of the performance of their duties.

Formerly: Acts 1975, P.L.271, SEC.1. As amended by Acts 1977, P.L.172, SEC.28; Acts 1981, P.L.222, SEC.157; P.L.247-1985, SEC.17; P.L.1-2006, SEC.450.

IC 25-22.5-6-4Injunctions Sec. 4. In cases where the continued practice of medicine or osteopathic medicine by an accused is considered harmful to the public or the accused, the board may sue to enjoin the accused from practicing medicine or osteopathic medicine until the hearing, provided in section 3 of this chapter, is completed and a decision rendered.

Formerly: Acts 1975, P.L.271, SEC.1. As amended by P.L.180-2018, SEC.23.

IC 25-22.5-7Chapter 7. Registration Fees

25-22.5-7-1Expiration of licenses; renewal fee; reinstatement of invalid licenses; rules

IC 25-22.5-7-1Expiration of licenses; renewal fee; reinstatement of invalid licenses; rules Sec. 1. (a) Subject to IC 25-1-2-6(e), a license issued under this article expires biennially on the date established by the licensing agency under IC 25-1-5-4. On or before the date established by the licensing agency, an applicant for renewal shall pay the biennial renewal fee set by the board under IC 25-1-8-2.

(b) Subject to IC 25-1-2-6(e), if the holder of a license does not renew the license on or before the date established by the licensing agency, the license expires and becomes invalid without any action taken by the board.

(c) A license that becomes invalid under subsection (b) may be reinstated by the board not later than three (3) years after the invalidation if the holder of the invalid license meets the requirements for reinstatement under IC 25-1-8-6(c).

(d) If a license that becomes invalid under this section is not reinstated by the board not later than three (3) years after its invalidation, the holder of the invalid license must meet the requirements for reinstatement established by the board under IC 25-1-8-6(d).

(e) A licensee whose license is reinstated under subsection (d) may be issued a provisional license under IC 25-22.5-5-2.7.

(f) The board may adopt rules under IC 25-22.5-2-7 establishing requirements for the reinstatement of a lapsed license.

Formerly: Acts 1975, P.L.271, SEC.1. As amended by Acts 1979, P.L.246, SEC.3; P.L.247-1985, SEC.18; P.L.149-1987, SEC.55; P.L.105-2008, SEC.42; P.L.177-2015, SEC.48.

IC 25-22.5-8Chapter 8. Penalties

25-22.5-8-1Unlawful practice 25-22.5-8-2Offenses 25-22.5-8-3Violations; temporary medical permits 25-22.5-8-4Injunctions 25-22.5-8-5Revocation of physician license for participation in cloning 25-22.5-8-6Revocation of physician license for failing to transmit the pregnancy termination report as required or for performing an abortion in violation of certain statutes

IC 25-22.5-8-1Unlawful practice Sec. 1. Unlawful Practice. It is unlawful for any person to practice medicine or osteopathic medicine in this state without holding a license or permit to do so, as provided in this article.

Formerly: Acts 1975, P.L.271, SEC.1.

IC 25-22.5-8-2Offenses Sec. 2. (a) A person who knowingly or intentionally violates this article by unlawfully practicing medicine or osteopathic medicine commits a Class C felony (for a crime committed before July 1, 2014) or a Level 5 felony (for a crime committed after June 30, 2014).

(b) A person who, before July 1, 2015, practices midwifery without the license required under this article commits 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).

(c) A person who knowingly or intentionally acts as a physician assistant without the license required under IC 25-27.5 commits 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).

Formerly: Acts 1975, P.L.271, SEC.1. As amended by Acts 1978, P.L.2, SEC.2541; P.L.247-1985, SEC.19; P.L.90-2007, SEC.5; P.L.232-2013, SEC.17; P.L.158-2013, SEC.284; P.L.112-2014, SEC.27.

IC 25-22.5-8-3Violations; temporary medical permits Sec. 3. A person who violates this article relating to temporary medical permits, if the violation does not involve the unlawful practice of medicine or osteopathic medicine, commits a Class C misdemeanor.

Formerly: Acts 1975, P.L.271, SEC.1. As amended by Acts 1978, P.L.2, SEC.2542; P.L.247-1985, SEC.20.

IC 25-22.5-8-4Injunctions Sec. 4. Injunctions. The attorney general, prosecuting attorney, the board or any citizen of any county where any person engages in the practice of medicine or osteopathic medicine without a license or a permit to do so, may, according to the laws of Indiana governing injunctions, maintain an action in the name of the state of Indiana to enjoin the person from engaging in the practice of medicine or osteopathic medicine. In charging any person in an affidavit, information or indictment, with a violation of this law by practicing medicine or osteopathic medicine without a license or permit, it is sufficient to charge that he did, upon a certain day and in a certain county, engage in the unlawful practice of medicine or osteopathic medicine and that he did not have any license or permit to do so. No further or more particular fact need be averred concerning the matter.

Formerly: Acts 1975, P.L.271, SEC.1.

IC 25-22.5-8-5Revocation of physician license for participation in cloning Sec. 5. (a) As used in this section, "cloning" has the meaning set forth in IC 16-18-2-56.5.

(b) Notwithstanding IC 25-1-9, the board shall revoke the license of a physician if, after appropriate notice and an opportunity for a hearing, the attorney general proves by a preponderance of the evidence that the physician knowingly participated in cloning or attempted cloning.

As added by P.L.126-2005, SEC.8.

IC 25-22.5-8-6Revocation of physician license for failing to transmit the pregnancy termination report as required or for performing an abortion in violation of certain statutes Sec. 6. (a) As used in this section, "abortion" has the meaning set forth in IC 16-18-2-1.

(b) Notwithstanding IC 25-1-9, the board:

(1) may revoke the license of a physician if, after appropriate notice and an opportunity for a hearing, the attorney general proves by a preponderance of the evidence that the physician failed to transmit the form to the Indiana department of health as described in IC 16-34-2-5(b); and

(2) shall revoke the license of a physician if, after appropriate notice and an opportunity for a hearing, the attorney general proves by a preponderance of the evidence that the physician performed an abortion in violation of IC 16-34-2-7(a) through IC 16-34-2-7(c) with the intent to avoid the requirements of IC 16-34-2-1.

As added by P.L.173-2017, SEC.8. Amended by P.L.179-2022(ss), SEC.41; P.L.56-2023, SEC.234.

IC 25-22.5-9Chapter 9. RepealedRepealed by P.L.199-1987, SEC.2.

IC 25-22.5-10Chapter 10. Osteopathic Residency Training and Certification

25-22.5-10-1Residency training and board certification required by health provider or insurer

IC 25-22.5-10-1Residency training and board certification required by health provider or insurer Sec. 1. If:

(1) a hospital;

(2) a health maintenance organization issued a certificate of authority under IC 27-13;

(3) a preferred provider organization licensed under IC 27-8-11;

(4) a health insurance company; or

(5) any other similarly licensed entity;

requires a physician to be residency trained, board certified, or eligible for certification in a medical specialty, it shall include residency training or certification approved by a national association founded in 1897 that accredits residency training programs and certifying boards for osteopathic physicians as criteria that satisfy the requirement.

As added by P.L.182-1997, SEC.1.

IC 25-22.5-11Chapter 11. Physician Referral to Certain Health Care Entities

25-22.5-11-1"Financial interest" 25-22.5-11-2"Health care entity" 25-22.5-11-3Physician requirements before referring patient to health care entity; exception 25-22.5-11-4Compliance as condition for physician licensure 25-22.5-11-5Intent not to conflict with federal law

IC 25-22.5-11-1"Financial interest" Sec. 1. (a) As used in this chapter, "financial interest" means an ownership or investment interest through equity, debt, or other means. The term includes an ownership or investment interest in an entity that holds:

(1) directly; or

(2) through a subsidiary;

an ownership or investment interest in a health care entity.

(b) The term does not include the following:

(1) Ownership of investment securities (including shares or bonds, debentures, notes, or other debt instruments) that may be purchased on terms generally available to the public and that are:

(A) securities:

(i) listed on the New York Stock Exchange, the American Stock Exchange, any regional exchange in which quotations are published on a daily basis, or foreign securities listed on a recognized foreign, national, or regional exchange in which quotations are published on a daily basis; or

(ii) traded under the National Association of Securities Dealers, Inc. Automated Quotations System; and

(B) in a corporation that had, at the end of the corporation's most recent fiscal year, or on average during the previous three (3) fiscal years, stockholder equity exceeding seventy-five million dollars ($75,000,000).

(2) Ownership of shares in a regulated investment company as defined in section 851(a) of the Internal Revenue Code of 1986, if such company had, at the end of the company's most recent fiscal year, or on average during the previous three (3) fiscal years, total assets exceeding seventy-five million dollars ($75,000,000).

As added by P.L.217-2005, SEC.26.

IC 25-22.5-11-2"Health care entity" Sec. 2. As used in this chapter, "health care entity" means an organization or a business that provides diagnostic, medical, or surgical services, dental treatment, or rehabilitative care.

As added by P.L.217-2005, SEC.26.

IC 25-22.5-11-3Physician requirements before referring patient to health care entity; exception Sec. 3. (a) Except as provided in subsection (b), a physician must do the following before referring an individual to a health care entity in which the physician has a financial interest:

(1) Disclose in writing to the individual that the physician has a financial interest in the health care entity.

(2) Inform the individual in writing that the individual may choose to be referred to another health care entity.

The individual shall acknowledge receipt of the notice required under this section by signing the notice. The physician shall keep a copy of the signed notice.

(b) Subsection (a) does not apply if a delay in treatment caused by compliance with the requirements of subsection (a) would reasonably be expected by the referring physician to result in serious:

(1) jeopardy to the individual's health;

(2) impairment to the individual's bodily functions; or

(3) dysfunction of a bodily organ or part of the individual.

As added by P.L.217-2005, SEC.26.

IC 25-22.5-11-4Compliance as condition for physician licensure Sec. 4. Compliance with this chapter is a condition of licensure under this article.

As added by P.L.217-2005, SEC.26.

IC 25-22.5-11-5Intent not to conflict with federal law Sec. 5. This chapter is not intended to conflict with 42 U.S.C. 1395nn or 42 U.S.C. 1396b(s).

As added by P.L.217-2005, SEC.26.

IC 25-22.5-12Chapter 12. ExpiredExpired 12-31-2013 by P.L.157-2006, SEC.61.

IC 25-22.5-12.5Chapter 12.5. Medical Spas

25-22.5-12.5-1"Medical spa" 25-22.5-12.5-2"Practitioner" 25-22.5-12.5-3Registration of medical spas; fine 25-22.5-12.5-4Public data base; redaction of personally identifying information 25-22.5-12.5-5Designation of responsible practitioner; responsibilities 25-22.5-12.5-6Reporting of serious adverse events 25-22.5-12.5-7Investigation of responsible practitioner by board 25-22.5-12.5-8Discipline 25-22.5-12.5-9Prohibition on provision of services at other locations 25-22.5-12.5-10Compliance with advertising statute; suspension for violation 25-22.5-12.5-11Consultation with other licensing boards; violations of practitioner's license

IC 25-22.5-12.5-1"Medical spa" Sec. 1. (a) As used in this chapter, "medical spa" means a facility or practice that:

(1) offers or provides medical health care services;

(2) engages in the preparation, administration, or dispensing of prescription drugs or otherwise uses prescription drugs for intravenous, intramuscular, or subcutaneous delivery; and

(3) holds itself out as a facility or practice focused on cosmetic or lifestyle treatments, including any of the following:

(A) Weight loss.

(B) Wellness.

(D) Cosmetic or aesthetic health services and treatments, including the preparation, administration, or dispensing of prescription drugs for:

(i) weight loss;

(ii) botulinum toxin injections and dermal fillers;

(iii) hair loss;

(iv) hormone therapies; or

(v) parenteral nutrient therapies.

(E) The nonsurgical use of a laser or other energy device for cosmetic purposes, including use for rejuvenation, anti-aging, or hair removal.

(b) The term does not apply to the following:

(1) A physician's office.

(2) A facility or practice that is otherwise licensed by the state.

As added by P.L.136-2026, SEC.4.

IC 25-22.5-12.5-2"Practitioner" Sec. 2. As used in this chapter, "practitioner" means any of the following:

(1) A physician licensed under IC 25-22.5.

(2) An advanced practice registered nurse who meets the requirements of IC 25-23-1-19.5.

(3) A physician assistant licensed under IC 25-27.5 who is delegated prescriptive authority under IC 25-27.5-5-6.

As added by P.L.136-2026, SEC.4.

IC 25-22.5-12.5-3Registration of medical spas; fine Sec. 3. (a) Beginning January 1, 2027, a medical spa is required to be registered under this chapter in order to do business in Indiana.

(b) The board shall establish a registration procedure for medical spas not later than October 1, 2026. An application for registration for a medical spa must include the following:

(1) The name of the medical spa, including the following:

(A) Any name under which the medical spa does or will do business in Indiana.

(B) The legal name of the medical spa.

(2) The address of the medical spa.

(3) The website address of the medical spa.

(4) The medical health care services intended to be provided at the medical spa.

(5) A statement concerning whether or not the medical spa engages in or plans to engage in compounding (as defined in IC 16-42-22.5-2) drugs at the medical spa.

(6) The name and license number of the medical spa's licensed responsible practitioner described in section 5 of this chapter and the name of the responsible practitioner's collaborating physician or supervising practitioner, if applicable.

(c) The board may fine a person that operates an unregistered medical spa in an amount not to exceed five thousand dollars ($5,000) and require that the person obtain registration under this chapter in order to do business in Indiana.

As added by P.L.136-2026, SEC.4.

IC 25-22.5-12.5-4Public data base; redaction of personally identifying information Sec. 4. (a) The board shall establish and maintain a public data base that contains the information specified in section 3(b) of this chapter for each registered medical spa.

(b) The board shall redact any personally identifying health information as confidential before including any information on the data base.

As added by P.L.136-2026, SEC.4.

IC 25-22.5-12.5-5Designation of responsible practitioner; responsibilities Sec. 5. (a) A medical spa registered under this chapter must designate a responsible practitioner who meets the following:

(1) Has prescriptive authority.

(2) Has education and training in the health care services and treatments being performed and medications being dispensed or administered in the medical spa.

(b) A responsible practitioner shall be physically present at the medical spa location for a sufficient amount of time to comply with the responsibility of ensuring that the medical spa complies with the requirements of this chapter.

(1) Is licensed to perform the health care services and treatments the individual is to perform and that the health care services and treatments are within the individual's scope of practice.

(2) Has received appropriate training in the performance of the health care services and treatments being provided by the individual.

As added by P.L.136-2026, SEC.4.

IC 25-22.5-12.5-6Reporting of serious adverse events Sec. 6. (a) As used in this section, "serious adverse event" means any negative medical occurrence associated with the use of a prescription medication or treatment provided that results in, based on a reasonable medical judgment, jeopardy to an individual's health resulting in medical or surgical intervention or any of the following outcomes:

(1) Death.

(2) A life threatening medical occurrence.

(3) Inpatient hospitalization or prolonging of an existing hospitalization.

(b) A medical spa shall notify the board in the manner prescribed by the board not later than fifteen (15) days after the occurrence of a patient's serious adverse event. The notice must include, to the extent that the information may be obtained or reasonably available from the source, the following:

(1) The name of the patient, the prescription medication treatment involved, and the date of the serious adverse event.

(2) The nature and location of the serious adverse event.

(3) The medical records for the patient concerning the serious adverse event.

As added by P.L.136-2026, SEC.4.

IC 25-22.5-12.5-7Investigation of responsible practitioner by board Sec. 7. The board may investigate a responsible practitioner concerning any claim of a violation of this chapter and forward any substantiated claim to the governing board of the responsible practitioner.

As added by P.L.136-2026, SEC.4.

IC 25-22.5-12.5-8Discipline Sec. 8. An individual licensed or certified under this title who violates this chapter is subject to discipline under IC 25-1-9.

As added by P.L.136-2026, SEC.4.

IC 25-22.5-12.5-9Prohibition on provision of services at other locations Sec. 9. A medical spa may not provide health care services and cosmetic and lifestyle treatments to a consumer at a location other than the medical spa office unless the health care service or treatment is being performed in another location for educational or training purposes of individuals who intend to provide these services or treatment.

As added by P.L.136-2026, SEC.4.

IC 25-22.5-12.5-10Compliance with advertising statute; suspension for violation Sec. 10. (a) A medical spa shall comply with the advertising requirements set forth in IC 25-1-10.3.

(b) The board may suspend a registration under this chapter for a violation of IC 25-1-10.3.

As added by P.L.136-2026, SEC.4.

IC 25-22.5-12.5-11Consultation with other licensing boards; violations of practitioner's license Sec. 11. (a) The board shall consult with the appropriate professional board that has oversight of a profession concerning any issues concerning the practice of the profession as it relates to providing services in a medical spa.

(b) Nothing in this chapter precludes a governing board of a practitioner to take any action against a practitioner for a violation of the practitioner's license or certification.

As added by P.L.136-2026, SEC.4.

IC 25-22.5-13Chapter 13. Controlled Substance Rules

25-22.5-13-1Rules concerning review of records by attorney general 25-22.5-13-2Rules establishing standards and protocols 25-22.5-13-3Rules by boards concerning opioid controlled substances 25-22.5-13-4Repealed 25-22.5-13-5Rules to address emergency matters of health and safety 25-22.5-13-6Prescribing of methadone for pain; inclusion on prescription or order 25-22.5-13-7INSPECT program report in patient's medical file 25-22.5-13-8Rules concerning conditions exempted from opioid prescription limitations

IC 25-22.5-13-1Rules concerning review of records by attorney general Sec. 1. (a) The board shall adopt rules in the manner provided under IC 4-22-2 to establish standards and procedures to do the following:

(1) Receive and review petitions from the attorney general seeking board authorization to examine a physician's records and controlled substances inventory and materials to investigate the physician's controlled substances prescribing practices.

(2) Authorize, where appropriate, the attorney general to examine records, materials, and inventory relating to the physician's controlled substance prescribing practices.

(3) Provide safeguards and protections for physicians against unreasonable and oppressive examination authorizations and actions taken to carry out the authorizations, including limitations on interference with regular practice operations and other appropriate due process provisions.

(b) The rules adopted under this section do not abrogate or eliminate the attorney general's investigative authority under IC 4-6-3-3, IC 4-6-10-3, IC 25-1-7-4, or any other applicable statute or rule.

As added by P.L.185-2013, SEC.3. Amended by P.L.93-2024, SEC.183.

IC 25-22.5-13-2Rules establishing standards and protocols Sec. 2. Consistent with standard medical practices in pain management treatment, the medical licensing board shall adopt rules under IC 4-22-2 to establish standards and protocols for the prescribing of controlled substances, including the use of abuse deterrent formulations.

As added by P.L.185-2013, SEC.3. Amended by P.L.54-2015, SEC.1.

IC 25-22.5-13-3Rules by boards concerning opioid controlled substances Sec. 3. (a) Before March 1, 2016, the:

(1) board, concerning physician assistants;

(2) board of podiatric medicine, concerning podiatrists;

(3) state board of dentistry, concerning dentists; and

(4) Indiana state board of nursing, concerning advanced practice registered nurses;

shall adopt rules necessary to complement the rules for prescribing opioid controlled substances for pain management treatment adopted by the board under sections 1 and 2 of this chapter.

(b) Before December 31, 2015, each board specified in subsection (a) shall provide a report in an electronic format under IC 5-14-6 to the legislative council providing a status report on efforts to adopt the rules required by subsection (a). The status report must include:

(1) a copy of the board's rulemaking docket required by IC 4-22-2-22.5; and

(2) a reasonable estimate of the timetable for action required under IC 4-22-2-22.5(d)(8).

As added by P.L.185-2013, SEC.3. Amended by P.L.54-2015, SEC.2; P.L.129-2018, SEC.27.

IC 25-22.5-13-4RepealedAs added by P.L.185-2013, SEC.3. Repealed by P.L.93-2024, SEC.184.

IC 25-22.5-13-5Rules to address emergency matters of health and safety Sec. 5. For purposes of Executive Order 13-03, the predominate purpose and effect of rules adopted under this chapter is to address emergency matters of health and safety.

As added by P.L.185-2013, SEC.3.

IC 25-22.5-13-6Prescribing of methadone for pain; inclusion on prescription or order Sec. 6. If a prescriber is prescribing methadone for a patient for the treatment of pain or pain management, the prescriber shall include on the prescription or order that the prescription is for the treatment of pain.

As added by P.L.209-2015, SEC.18.

IC 25-22.5-13-7INSPECT program report in patient's medical file Sec. 7. A physician may include a report from the INSPECT program in a patient's medical file. Any disclosure or release of a patient's medical file must be in compliance with IC 25-26-24-19.

As added by P.L.82-2016, SEC.4. Amended by P.L.51-2019, SEC.6.

IC 25-22.5-13-8Rules concerning conditions exempted from opioid prescription limitations Sec. 8. The medical licensing board of Indiana shall, in consultation with the Indiana department of health, the office of the secretary of family and social services, and representatives of prescriber stakeholders, adopt rules under IC 4-22-2 setting forth the conditions the board considers necessary under IC 25-1-9.7-2(b)(1)(D) to be exempted from the prescribing limitations set forth in IC 25-1-9.7-2(a).

As added by P.L.182-2017, SEC.2. Amended by P.L.56-2023, SEC.235; P.L.93-2024, SEC.185.

IC 25-22.5-13.2Chapter 13.2. Notification Concerning Dense Breast Determination

25-22.5-13.2-1Notice and assessment of high breast density

IC 25-22.5-13.2-1Notice and assessment of high breast density Sec. 1. (a) A facility that performs a mammography examination shall do the following:

(1) Include an assessment of the patient's breast density as one (1) of the following classifications:

(A) The breasts are almost entirely fatty.

(B) There are scattered areas of fibroglandular density.

(D) The breasts are extremely dense, which lowers the sensitivity of mammography.

(2) Notify the patient and the patient's referring provider in writing of the determination concerning the patient's breast density in the classifications described in subdivision (1).

(3) Provide the following written notice to the patient when providing the determination concerning the patient's mammography examination:

(A) If the patient's breast and connective tissue in comparison to fat in the breast is determined to not be dense, the notice from the facility must state the following:

"Breast tissue can either be dense or not dense. Dense tissue makes it harder to find breast cancer on a mammogram and also raises the risk of developing breast cancer. Your breast tissue is not dense. Talk to your health care provider about breast density, risks for breast cancer, and your individual situation.".

(B) If the patient's breast and connective tissue in comparison to fat in the breast is determined to be dense, the notice from the facility must state the following:

"Breast tissue can be dense or not dense. Dense tissue makes it harder to find breast cancer on a mammogram and also raises the risk of developing breast cancer. Your breast tissue is dense. In some people with dense tissue, other imaging tests in addition to a mammogram may help find cancers. Talk to your health care provider about breast density, risks for breast cancer, and your individual situation.".

(b) The notice required under this section must be included with a summary of the written mammography report.

As added by P.L.126-2013, SEC.3. Amended by P.L.168-2016, SEC.7; P.L.3-2024, SEC.4.

IC 25-22.5-14Chapter 14. ExpiredAs added by P.L.74-2014, SEC.1. Expired 7-1-2016 by P.L.74-2014, SEC.1.

IC 25-22.5-15Chapter 15. Health Care Volunteer Registry

25-22.5-15-1Establishment and maintenance of registry 25-22.5-15-2Validity of determination of appropriateness 25-22.5-15-3Validity of registration 25-22.5-15-4Board rulemaking 25-22.5-15-5Agency rulemaking

IC 25-22.5-15-1Establishment and maintenance of registry Sec. 1. The agency shall establish and maintain an electronic health care volunteer registry of:

(1) persons who intend to provide a health care service as described in IC 34-30-13-1.2; and

(2) locations at which the provision of a health care service described in IC 34-30-13-1.2 is determined by the board to be appropriate.

As added by P.L.161-2015, SEC.1.

IC 25-22.5-15-2Validity of determination of appropriateness Sec. 2. A determination of appropriateness described in section 1(2) of this chapter is valid for not more than two (2) years.

As added by P.L.161-2015, SEC.1.

IC 25-22.5-15-3Validity of registration Sec. 3. A registration of a:

(1) person with an active license described in IC 34-30-13-1.2; or

(2) location;

as described in section 1 of this chapter is valid for not more than two (2) years.

As added by P.L.161-2015, SEC.1.

IC 25-22.5-15-4Board rulemaking Sec. 4. The board shall adopt rules under IC 4-22-2 necessary to carry out the board's duties under this chapter.

As added by P.L.161-2015, SEC.1.

IC 25-22.5-15-5Agency rulemaking Sec. 5. The agency shall adopt rules under IC 4-22-2 necessary to carry out the agency's duties under this chapter.

As added by P.L.161-2015, SEC.1.

IC 25-22.5-16Chapter 16. Interstate Medical Licensure Compact

25-22.5-16-1Purpose; jurisdiction to impose adverse action 25-22.5-16-2Definitions 25-22.5-16-3Eligibility to receive expedited license; member state licensure requirements 25-22.5-16-4Designation of physician's member state; redesignation; rules 25-22.5-16-5Application for expedited license; issuance; fees; termination; fees 25-22.5-16-6Fees 25-22.5-16-7License renewal 25-22.5-16-8Data base established; reported information; confidentiality; rules 25-22.5-16-9Investigative records; joint investigations 25-22.5-16-10Disciplinary actions 25-22.5-16-11Commission established; voting representatives; meetings; voting; public notice; executive committee 25-22.5-16-12Commission powers 25-22.5-16-13Annual assessments; financial audit 25-22.5-16-14Bylaws; officers; immunity 25-22.5-16-15Rules 25-22.5-16-16Compact enforcement 25-22.5-16-17Enforcement actions 25-22.5-16-18Default procedures 25-22.5-16-19Dispute resolution 25-22.5-16-20Effective date of compact; amendments 25-22.5-16-21Withdrawal from compact 25-22.5-16-22Dissolution of compact 25-22.5-16-23Severability; construction 25-22.5-16-24Binding effect on member states; conflicting laws

IC 25-22.5-16-1Purpose; jurisdiction to impose adverse action Sec. 1. (a) In order to strengthen access to health care, and in recognition of the advances in the delivery of health care, the member states of the interstate medical licensure compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards and provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients. The compact creates another pathway for licensure and does not otherwise change a state's existing medical practice act. The compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter, and therefore requires the physician to be under the jurisdiction of the state medical board where the patient is located.

(b) State medical boards that participate in the compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the compact.

As added by P.L.60-2022, SEC.2.

IC 25-22.5-16-2Definitions Sec. 2. The following definitions apply throughout this chapter:

(1) "Bylaws" means those bylaws established by the interstate commission under section 11 of this chapter for its governance, or for directing and controlling its actions and conduct.

(2) "Commissioner" means the voting representative appointed by each member board under section 11 of this chapter.

(3) "Compact" means the interstate medical licensure compact.

(4) "Conviction" means a finding by a court that an individual is guilty of a criminal offense through adjudication, or entry of a plea of guilt or no contest to the charge by the offender. Evidence of an entry of a conviction of a criminal offense by the court shall be considered final for purposes of disciplinary action by a member board.

(5) "Expedited license" means a full and unrestricted medical license granted by a member state to an eligible physician through the process set forth in the compact.

(6) "Interstate commission" means the interstate medical licensure compact commission created under section 11 of this chapter.

(7) "License" means authorization by a state for a physician to engage in the practice of medicine, which would be unlawful without the authorization.

(8) "Medical practice act" means laws and regulations governing the practice of allopathic and osteopathic medicine within a member state.

(9) "Member board" means a state agency in a member state that acts in the sovereign interests of the state by protecting the public through licensure, regulation, and education of physicians as directed by state government.

(10) "Member state" means a state that has enacted the compact.

(11) "Offense" means a felony, gross misdemeanor, or crime of moral turpitude.

(12) "Physician" means any person who satisfies all of the following:

(A) Is a graduate of a medical school accredited by the Liaison Committee on Medical Education, the Commission on Osteopathic College Accreditation, or a medical school listed in the International Medical Education Directory or its equivalent.

(B) Passed each component of the United States Medical Licensing Examination or the Comprehensive Osteopathic Medical Licensing Examination within three (3) attempts, or any of its predecessor examinations accepted by a state medical board as an equivalent examination for licensure purposes.

(C) Successfully completed graduate medical education approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association.

(D) Holds specialty certification or a time unlimited specialty certificate recognized by the American Board of Medical Specialties or the American Osteopathic Association's Bureau of Osteopathic Specialists.

(E) Possesses a full and unrestricted license to engage in the practice of medicine issued by a member board.

(F) Has never been convicted or received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction.

(G) Has never held a license authorizing the practice of medicine subjected to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license.

(H) Has never had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration.

(I) Is not under active investigation by a licensing agency or law enforcement authority in any state, federal, or foreign jurisdiction.

(13) "Practice of medicine" means the clinical prevention, diagnosis, or treatment of human disease, injury, or condition requiring a physician to obtain and maintain a license in compliance with the medical practice act of a member state.

(14) "Rule" means a written statement by the interstate commission adopted under section 12 of this chapter that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact or an organizational, procedural, or practice requirement of the interstate commission, has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule.

(15) "State" means any state, commonwealth, district, or territory of the United States.

(16) "State of principal license" means a member state where a physician holds a license to practice medicine and that has been designated as such by the physician for purposes of registration and participation in the compact.

As added by P.L.60-2022, SEC.2.

IC 25-22.5-16-3Eligibility to receive expedited license; member state licensure requirements Sec. 3. (a) A physician must meet the eligibility requirements as defined in section 2(12) of this chapter to receive an expedited license under the terms and provisions of the compact.

(b) A physician who does not meet the requirements of section 2(12) of this chapter may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the compact, relating to the issuance of a license to practice medicine in that state.

As added by P.L.60-2022, SEC.2.

IC 25-22.5-16-4Designation of physician's member state; redesignation; rules Sec. 4. (a) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the compact if the physician possesses a full and unrestricted license to practice medicine in that state and the state is:

(1) the state of primary residence for the physician;

(2) the state where at least twenty-five percent (25%) of the physician's practice of medicine occurs;

(3) the location of the physician's employer; or

(4) if no state qualifies under subdivision (1), (2), or (3), the state designated as state of residence for purposes of federal income tax.

(b) A physician may redesignate a member state as the state of principal license at any time, as long as the state meets the requirements in subsection (a).

(c) The interstate commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license.

As added by P.L.60-2022, SEC.2.

IC 25-22.5-16-5Application for expedited license; issuance; fees; termination; fees Sec. 5. (a) A physician seeking licensure through the compact shall file an application for an expedited license with the member board of the state selected by the physician as the state of principal license.

(b) Upon receipt of an application for an expedited license, the member board within the state selected as the state of principal license shall evaluate whether the physician is eligible for expedited licensure and issue a letter of qualification, verifying or denying the physician's eligibility, to the interstate commission. The following shall apply:

(1) Static qualifications, which include verification of medical education, graduate medical education, results of any medical or licensing examinations, and other qualifications as determined by the interstate commission through rule, shall not be subject to additional primary source verification where already primary source verified by the state of principal license.

(2) The member board within the state selected as the state of principal license shall, in the course of verifying eligibility, perform a criminal background check of an applicant, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, with the exception of federal employees who have suitability determination in accordance with 5 CFR 731.202.

(3) Appeal on the determination of eligibility shall be made to the member state where the application was filed and shall be subject to the law of that state.

(c) Upon verification in subsection (b), physicians eligible for an expedited license shall complete the registration process established by the interstate commission to receive a license in a member state selected under subsection (a), including the payment of any applicable fees.

(d) After receiving verification of eligibility under subsection (b) and any fees under subsection (c), a member board shall issue an expedited license to the physician. This license shall authorize the physician to practice medicine in the issuing state consistent with the medical practice act and all applicable laws and regulations of the issuing member board and member state.

(e) An expedited license shall be valid for a period consistent with the licensure period in the member state and in the same manner as required for other physicians holding a full and unrestricted license within the member state.

(f) An expedited license obtained through the compact shall be terminated if a physician fails to maintain a license in the state of principal license for a nondisciplinary reason, without redesignation of a new state of principal license.

(g) The interstate commission is authorized to develop rules regarding the application process, including payment of any applicable fees, and the issuance of an expedited license.

As added by P.L.60-2022, SEC.2.

IC 25-22.5-16-6Fees Sec. 6. (a) A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the compact.

(b) The interstate commission is authorized to develop rules regarding fees for expedited licenses.

As added by P.L.60-2022, SEC.2.

IC 25-22.5-16-7License renewal Sec. 7. (a) A physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the interstate commission if the physician satisfies the following:

(1) Maintains a full and unrestricted license in a state of principal license.

(2) Has not been convicted or received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction.

(3) Has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license.

(4) Has not had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration.

(b) Physicians shall comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by a member state.

(c) The interstate commission shall collect any renewal fees charged for the renewal of a license and distribute the fees to the applicable member board.

(d) Upon receipt of any renewal fees collected in subsection (c), a member board shall renew the physician's license.

(e) Physician information collected by the interstate commission during the renewal process will be distributed to all member boards.

(f) The interstate commission is authorized to develop rules to address renewal of licenses obtained through the compact.

As added by P.L.60-2022, SEC.2.

IC 25-22.5-16-8Data base established; reported information; confidentiality; rules Sec. 8. (a) The interstate commission shall establish a data base of all physicians licensed, or who have applied for licensure, under section 5 of this chapter.

(b) Notwithstanding any other provision of law, member boards shall report to the interstate commission any public action or complaints against a licensed physician who has applied or received an expedited license through the compact.

(c) Member boards shall report disciplinary or investigatory information determined as necessary and proper by rule of the interstate commission.

(d) Member boards may report any nonpublic complaint, disciplinary, or investigatory information not required by subsection (c) to the interstate commission.

(e) Member boards shall share complaint or disciplinary information about a physician upon request of another member board.

(f) All information provided to the interstate commission or distributed by member boards shall be confidential, filed under seal, and used only for investigatory or disciplinary matters.

(g) The interstate commission is authorized to develop rules for mandated or discretionary sharing of information by member boards.

As added by P.L.60-2022, SEC.2.

IC 25-22.5-16-9Investigative records; joint investigations Sec. 9. (a) Licensure and disciplinary records of physicians are considered investigative.

(b) In addition to the authority granted to a member board by its respective medical practice act or other applicable state law, a member board may participate with other member boards in joint investigations of physicians licensed by the member boards.

(d) Member boards may share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.

(e) Any member state may investigate actual or alleged violations of the statutes authorizing the practice of medicine in any other member state in which a physician holds a license to practice medicine.

As added by P.L.60-2022, SEC.2.

IC 25-22.5-16-10Disciplinary actions Sec. 10. (a) Any disciplinary action taken by any member board against a physician licensed through the compact shall be considered discipline for unprofessional conduct that may be subject to discipline by other member boards, in addition to any violation of the medical practice act or regulations in that state.

(b) If a license granted to a physician by the member board in the state of principal license is revoked, surrendered or relinquished in lieu of discipline, or suspended, then all licenses issued to the physician by member boards shall automatically be placed, without further action necessary by any member board, on the same status. If the member board in the state of principal license subsequently reinstates the physician's license, a license issued to the physician by any other member board shall remain encumbered until that respective member board takes action to reinstate the license in a manner consistent with the medical practice act of that state.

(c) If disciplinary action is taken against a physician by a member board not in the state of principal license, any other member board may consider the action conclusive as to matter of law and fact decided and either:

(1) impose the same or lesser sanctions against the physician so long as the sanctions are consistent with the medical practice act of that state; or

(2) pursue separate disciplinary action against the physician under its respective medical practice act, regardless of the action taken in other member states.

(d) If a license granted to a physician by a member board is revoked, surrendered or relinquished in lieu of discipline, or suspended, then any licenses issued to the physician by any other member boards shall be suspended, automatically and immediately without further action necessary by the other member boards, for ninety (90) days upon entry of the order by the disciplining board, to permit the member boards to investigate the basis for the action under the medical practice act of that state. A member board may terminate the automatic suspension of the license it issued prior to the completion of the ninety (90) day suspension period in a manner consistent with the medical practice act of that state.

As added by P.L.60-2022, SEC.2.

IC 25-22.5-16-11Commission established; voting representatives; meetings; voting; public notice; executive committee Sec. 11. (a) The member states hereby create the interstate medical licensure compact commission.

(b) The purpose of the interstate commission is the administration of the interstate medical licensure compact, which is a discretionary state function.

(c) The interstate commission shall be a body corporate and joint agency of the member states and shall have all the responsibilities, powers, and duties set forth in the compact, and any additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of the compact.

(d) The interstate commission shall consist of two (2) voting representatives appointed by each member state who shall serve as commissioners. In states where allopathic and osteopathic physicians are regulated by separate member boards, or if the licensing and disciplinary authority is split between multiple member boards within a member state, the member state shall appoint one (1) representative from each member board. A commissioner shall be one (1) of the following:

(1) An allopathic or osteopathic physician appointed to a member board.

(2) An executive director, executive secretary, or similar executive of a member board.

(3) A member of the public appointed to a member board.

(e) The interstate commission shall meet at least once each calendar year. A portion of this meeting shall be a business meeting to address any matters that may properly come before the commission, including the election of officers. The chairperson may call additional meetings and shall call for a meeting upon the request of a majority of the member states.

(f) The bylaws may provide for meetings of the interstate commission to be conducted by telecommunication or electronic communication.

(g) Each commissioner participating at a meeting of the interstate commission is entitled to one (1) vote. A majority of commissioners shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission. A commissioner shall not delegate a vote to another commissioner. In the absence of its commissioner, a member state may delegate voting authority for a specified meeting to another person from that state who shall meet the requirements of subsection (d).

(h) The interstate commission shall provide public notice of all meetings and all meetings shall be open to the public. The interstate commission may close a meeting, in full or in portion, where it determines by a two-thirds (2/3) vote of the commissioners present that an open meeting would be likely to result in any of the following:

(1) Relate solely to the internal personnel practices and procedures of the interstate commission.

(2) Discuss matters specifically exempted from disclosure by federal statute.

(3) Discuss trade secrets, commercial, or financial information that is privileged or confidential.

(4) Involve accusing a person of a crime, or formally censuring a person.

(5) Discuss information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.

(6) Discuss investigative records compiled for law enforcement purposes.

(7) Specifically relate to the participation in a civil action or other legal proceeding.

(i) The interstate commission shall keep minutes that shall fully describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including a record of any roll call votes.

(j) The interstate commission shall make its information and official records, to the extent not otherwise designated in the compact or by its rules, available to the public for inspection.

(k) The interstate commission shall establish an executive committee, which shall include officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the interstate commission, with the exception of rulemaking, during periods when the interstate commission is not in session. When acting on behalf of the interstate commission, the executive committee shall oversee the administration of the compact, including enforcement and compliance with the provisions of the compact, its bylaws and rules, and any other duties as necessary.

(l) The interstate commission may establish other committees for governance and administration of the compact.

As added by P.L.60-2022, SEC.2.

IC 25-22.5-16-12Commission powers Sec. 12. The interstate commission shall have the power to perform the following functions:

(1) Oversee and maintain the administration of the compact.

(2) Adopt rules that shall be binding to the extent and in the manner provided for in the compact.

(3) Issue, upon the request of a member state or member board, advisory opinions concerning the meaning or interpretation of the compact, its bylaws, rules, and actions.

(4) Enforce compliance with compact provisions, the rules adopted by the interstate commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process.

(5) Establish and appoint committees, including but not limited to an executive committee as required by section 11 of this chapter, which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties.

(6) Pay, or provide for the payment of, the expenses related to the establishment, organization, and ongoing activities of the interstate commission.

(7) Establish and maintain one (1) or more offices.

(8) Borrow, accept, hire, or contract for services of personnel.

(9) Purchase and maintain insurance and bonds.

(10) Employ an executive director who shall have the power to employ, select, or appoint employees, agents, or consultants, and to determine their qualifications, define their duties, and fix their compensation.

(11) Establish personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel.

(12) Accept donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same in a manner consistent with the conflict of interest policies established by the interstate commission.

(13) Lease, purchase, accept contributions or donations of, or otherwise own, hold, improve, or use any property, real, personal, or mixed.

(14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.

(15) Establish a budget and make expenditures.

(16) Adopt a seal and bylaws governing the management and operation of the interstate commission.

(17) Report annually to the legislatures and governors of the member states concerning the activities of the interstate commission during the preceding year. The annual reports shall also include reports of financial audits and any recommendations that may have been adopted by the interstate commission.

(18) Coordinate education, training, and public awareness regarding the compact, its implementation, and its operation.

(19) Maintain records in accordance with the bylaws.

(20) Seek and obtain trademarks, copyrights, and patents.

(21) Perform the functions as may be necessary or appropriate to achieve the purposes of the compact.

As added by P.L.60-2022, SEC.2.

IC 25-22.5-16-13Annual assessments; financial audit Sec. 13. (a) The interstate commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the interstate commission and its staff. The total assessment must be sufficient to cover the annual budget approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated upon a formula to be determined by the interstate commission, which shall adopt a rule binding upon all member states.

(b) The interstate commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same.

(c) The interstate commission shall not pledge the credit of any of the member states, except by, and with the authority of, the member state.

(d) The interstate commission shall be subject to a yearly financial audit conducted by a certified or licensed public accountant and the report of the audit shall be included in the annual report of the interstate commission.

As added by P.L.60-2022, SEC.2.

IC 25-22.5-16-14Bylaws; officers; immunity Sec. 14. (a) The interstate commission shall, by a majority of commissioners present and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact within twelve (12) months of the first interstate commission meeting.

(b) The interstate commission shall annually elect or appoint from among its commissioners a chairperson, vice chairperson, and treasurer, each of whom shall have the authority and duties as may be specified in the bylaws. The chairperson, or in the chairperson's absence or disability, the vice chairperson, shall preside at all meetings of the interstate commission.

(d) The officers and employees of the interstate commission shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error, or omission that occurred, or that the person had a reasonable basis for believing occurred, within the scope of interstate commission employment, duties, or responsibilities, provided that the person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of the person. The following shall apply:

(1) The liability of the executive director and employees of the interstate commission or representatives of the interstate commission, acting within the scope of the person's employment or duties for acts, errors, or omissions occurring within the person's state, may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The interstate commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect the person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of the person.

(2) The interstate commission shall defend the executive director, its employees, and subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an interstate commission representative, the interstate commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of the person.

(3) To the extent not covered by the state involved, member state, or the interstate commission, the representatives or employees of the interstate commission shall be held harmless in the amount of a settlement or judgment, including attorney's fees and costs, obtained against the persons arising out of an actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that the persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of the persons.

As added by P.L.60-2022, SEC.2.

IC 25-22.5-16-15Rules Sec. 15. (a) The interstate commission shall adopt reasonable rules in order to effectively and efficiently achieve the purposes of the compact. Notwithstanding the foregoing, in the event the interstate commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted under this compact, then the action by the interstate commission shall be invalid and have no force or effect.

(b) Rules considered appropriate for the operations of the interstate commission shall be made under a rulemaking process that substantially conforms to the Model State Administrative Procedure Act of 2010, and subsequent amendments to the Act.

(c) Not later than thirty (30) days after a rule is adopted, any person may file a petition for judicial review of the rule in the United States District Court for the District of Columbia or the federal district where the interstate commission has its principal offices, provided that the filing of the petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the interstate commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the authority granted to the interstate commission.

As added by P.L.60-2022, SEC.2.

IC 25-22.5-16-16Compact enforcement Sec. 16. (a) The executive, legislative, and judicial branches of state government in each member state shall enforce the compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of the compact and the rules adopted under this compact shall have standing as statutory law but shall not override existing state authority to regulate the practice of medicine.

(b) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the compact that may affect the powers, responsibilities, or actions of the interstate commission.

(c) The interstate commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the interstate commission shall render a judgment or order void as to the interstate commission, the compact, or adopted rules.

As added by P.L.60-2022, SEC.2.

IC 25-22.5-16-17Enforcement actions Sec. 17. (a) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the compact.

(b) The interstate commission may, by majority vote of the commissioners, initiate legal action in the United States District Court for the District of Columbia, or, at the discretion of the interstate commission, in the federal district where the interstate commission has its principal offices, to enforce compliance with the provisions of the compact, and its adopted rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of the litigation, including reasonable attorney's fees.

(c) The remedies provided in this section shall not be the exclusive remedies of the interstate commission. The interstate commission may avail itself of any other remedies available under state law or the regulation of a profession.

As added by P.L.60-2022, SEC.2.

IC 25-22.5-16-18Default procedures Sec. 18. (a) The grounds for default include but are not limited to failure of a member state to perform the obligations or responsibilities imposed upon it by the compact, or the rules and bylaws of the interstate commission adopted under the compact.

(b) If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the compact, or the bylaws or adopted rules, the interstate commission shall do the following:

(1) Provide written notice to the defaulting state and other member states of the nature of the default, the means of curing the default, and any action taken by the interstate commission. The interstate commission shall specify the conditions by which the defaulting state must cure its default.

(2) Provide remedial training and specific technical assistance regarding the default.

(c) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the commissioners and all rights, privileges, and benefits conferred by the compact shall terminate on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.

(d) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to terminate shall be given by the interstate commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.

(e) The interstate commission shall establish rules and procedures to address licenses and physicians that are materially impacted by the termination of a member state, or the withdrawal of a member state.

(f) The member state that has been terminated is responsible for all dues, obligations, and liabilities incurred through the effective date of termination, including obligations, the performance of which extends beyond the effective date of termination.

(g) The interstate commission shall not bear any costs relating to any state that has been found to be in default or that has been terminated from the compact, unless otherwise mutually agreed upon in writing between the interstate commission and the defaulting state.

(h) The defaulting state may appeal the action of the interstate commission by petitioning the United States District Court for the District of Columbia or the federal district where the interstate commission has its principal offices. The prevailing party shall be awarded all costs of the litigation, including reasonable attorney's fees.

As added by P.L.60-2022, SEC.2.

IC 25-22.5-16-19Dispute resolution Sec. 19. (a) The interstate commission shall attempt, upon the request of a member state, to resolve disputes that are subject to the compact and that may arise among member states or member boards.

(b) The interstate commission shall adopt rules providing for both mediation and binding dispute resolution as appropriate.

As added by P.L.60-2022, SEC.2.

IC 25-22.5-16-20Effective date of compact; amendments Sec. 20. (a) Any state is eligible to become a member state of the compact.

(b) The compact shall become effective and binding upon legislative enactment of the compact into law by not less than seven (7) states. Thereafter, it shall become effective and binding on a state upon enactment of the compact into law by that state.

(c) The governors of nonmember states, or their designees, shall be invited to participate in the activities of the interstate commission on a nonvoting basis prior to adoption of the compact by all states.

(d) The interstate commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the interstate commission and the member states unless and until it is enacted into law by unanimous consent of the member states.

As added by P.L.60-2022, SEC.2.

IC 25-22.5-16-21Withdrawal from compact Sec. 21. (a) Once effective, the compact shall continue in force and remain binding upon each and every member state, provided that a member state may withdraw from the compact by specifically repealing the statute that enacted the compact into law.

(b) Withdrawal from the compact shall be by the enactment of a statute repealing the same, but shall not take effect until one (1) year after the effective date of the statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state.

(c) The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing the compact in the withdrawing state.

(d) The interstate commission shall notify the other member states of the withdrawing state's intent to withdraw within sixty (60) days of its receipt of notice provided under subsection (c).

(e) The withdrawing state is responsible for all dues, obligations, and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.

(f) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon the later date as determined by the interstate commission.

(g) The interstate commission is authorized to develop rules to address the impact of the withdrawal of a member state on licenses granted in other member states to physicians who designated the withdrawing member state as the state of principal license.

As added by P.L.60-2022, SEC.2.

IC 25-22.5-16-22Dissolution of compact Sec. 22. (a) The compact shall dissolve effective upon the date of the withdrawal or default of the member state that reduces the membership in the compact to one (1) member state.

(b) Upon the dissolution of the compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.

As added by P.L.60-2022, SEC.2.

IC 25-22.5-16-23Severability; construction Sec. 23. (a) The provisions of the compact shall be severable, and if any phrase, clause, sentence, or provision is considered unenforceable, the remaining provisions of the compact shall be enforceable.

(b) The provisions of the compact shall be liberally construed to effectuate its purposes.

(c) Nothing in the compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.

As added by P.L.60-2022, SEC.2.

IC 25-22.5-16-24Binding effect on member states; conflicting laws Sec. 24. (a) Nothing in this compact prevents the enforcement of any other law of a member state that is not inconsistent with the compact.

(b) All laws in a member state in conflict with the compact are superseded to the extent of the conflict.

(c) All lawful actions of the interstate commission, including all rules and bylaws adopted by the commission, are binding upon the member states.

(d) All agreements between the interstate commission and the member states are binding in accordance with their terms.

(e) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

As added by P.L.60-2022, SEC.2.

IC 25-22.5-17Chapter 17. Physician's Patient Information

25-22.5-17-1Requirements of employer if physician leaves employment; copy of notice; contact information; access to patient medical records 25-22.5-17-2Reasonable fee for copying or transferring patient medical records

IC 25-22.5-17-1Requirements of employer if physician leaves employment; copy of notice; contact information; access to patient medical records Sec. 1. If a physician licensed under this article leaves the employment of an employer, the following apply:

(1) The employer of the physician must provide the physician with a copy of any notice that:

(A) concerns the physician's departure from the employer; and

(B) was sent to any patient seen or treated by the physician during the two (2) year period preceding the termination of the physician's employment or the expiration of the physician's contract. However, the patient names and contact information must be redacted from the copy of the notice provided from the employer of the physician to the physician.

(2) The physician's employer must, in good faith, provide the physician's last known or current contact and location information to a patient who:

(A) requests updated contact and location information for the physician; and

(B) was seen or treated by the physician during the two (2) year period preceding the termination of the physician's employment or the expiration of the physician's contract.

(3) The physician's employer must provide the physician with:

(A) access to; or

(B) copies of;

any medical record associated with a patient described in subdivision (1) or (2) upon receipt of the patient's consent.

(4) The physician's employer may not provide patient medical records to a requesting physician in a format that materially differs from the format used to create or store the medical record during the routine or ordinary course of business, unless a different format is mutually agreed upon by the parties. Paper or portable document format copies of the medical records satisfy the formatting provisions of this chapter.

As added by P.L.93-2020, SEC.9.

IC 25-22.5-17-2Reasonable fee for copying or transferring patient medical records Sec. 2. A person or entity required to create, copy, or transfer a patient medical record for a reason specified in this chapter may charge a reasonable fee for the service as permitted under applicable state or federal law.

As added by P.L.93-2020, SEC.9.

IC 25-23ARTICLE 23. NURSES

Ch. 1.Licensing of Nurses; Creation of Board; Education Programs

IC 25-23-1Chapter 1. Licensing of Nurses; Creation of Board; Education Programs

25-23-1-0.1Application of certain amendments to chapter 25-23-1-1Definitions 25-23-1-1.1Additional definitions 25-23-1-1.2"Licensed practical nurse" 25-23-1-1.3"Practical nursing" 25-23-1-1.4"Certified registered nurse anesthetist" 25-23-1-1.5"INSPECT program" 25-23-1-1.6"Forensic nurse" 25-23-1-2Board established; members 25-23-1-3Vacancies 25-23-1-4Qualifications of members of board; oath 25-23-1-5Meetings; officers; quorum 25-23-1-6Repealed 25-23-1-7Powers and duties of board 25-23-1-7.1Rules and regulations 25-23-1-7.2Nursing education programs 25-23-1-7.2Nursing education programs 25-23-1-7.3Requirements for nurse faculty member without master's degree to teach clinical courses in eligible associate degree registered nursing program 25-23-1-8Repealed 25-23-1-9Repealed 25-23-1-10Compensation of board members 25-23-1-10.5Temporary permits 25-23-1-11Requirements for registered nurse applicants; temporary permits; endorsement license; fees; use of title 25-23-1-12Requirements for practical nurse applicants; temporary permits; endorsement license; fees; use of title 25-23-1-12.5Requirement for a high school diploma or its equivalent 25-23-1-12.6Provisional license requirements for foreign nursing school graduates seeking licensure 25-23-1-13Repealed 25-23-1-13.1Certified nurse midwives 25-23-1-14Repealed 25-23-1-15Repealed 25-23-1-16Repealed 25-23-1-16.1Expiration of license; renewal; fee 25-23-1-17Receipts; use and disposition 25-23-1-18Failure to renew license; reinstatement; fee 25-23-1-19Repealed 25-23-1-19.4Advanced practice nurse collaboration with licensed practitioner; privileges; supervisory rights and responsibilities 25-23-1-19.5Advanced practice registered nurses; authority to prescribe drugs 25-23-1-19.6Advanced practice registered nurses; identification numbers 25-23-1-19.7Renewal of prescriptive authority 25-23-1-19.8Audit; procedure; provide information to board; order to show cause; hearing; divulging records to professional licensing agency; immunity from liability 25-23-1-19.9INSPECT program report in patient's medical file 25-23-1-20Application for nursing education program; employment of registered nurses 25-23-1-20.1Nursing school enrollment rates 25-23-1-20.2Substitution of simulation hours; location of clinical experience; rules 25-23-1-20.3Clinical preceptor qualifications; rules 25-23-1-20.4Part-time faculty 25-23-1-21Survey by board; approval; surveys of accredited schools 25-23-1-21.5Education compliance officer 25-23-1-22Repealed 25-23-1-23Repealed 25-23-1-24Repealed 25-23-1-25Repealed 25-23-1-25.1Repealed 25-23-1-26Duty of attorney general 25-23-1-27Violations; penalty 25-23-1-27.1"Licensed professional"; limitations on application of chapter 25-23-1-27.2Injunction from continuing violation of chapter; punishment 25-23-1-27.5Repealed 25-23-1-28Repealed 25-23-1-29Practitioners of Church of Christ Scientist 25-23-1-30Administration of anesthesia by certified registered nurse anesthetist 25-23-1-31Rehabilitation of impaired registered nurse or licensed practical nurse; use of information after noncompliance 25-23-1-33Professing to be nurse practitioner or clinical nurse specialist; use of title 25-23-1-34Impaired nurses account 25-23-1-35Requirements to practice as a forensic nurse; continuing education

Source: official Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 25-20-1-27

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Section 25-20-1-27 ("Information about telecoil and audio frequency induction loop systems") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

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Indiana § 25-20-1-27 - Information about telecoil and audio frequency induction loop systems

§ 25-20-1-27. Information about telecoil and audio frequency induction loop systems

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Frequently Asked Questions About Indiana § 25-20-1-27

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