Indiana § 25-23-1-35 - Requirements to practice as a forensic nurse; continuing education

Full text of Indiana Indiana Code § 25-23-1-35 — Requirements to practice as a forensic nurse; continuing education, with citation guidance and answers to common questions.

§ 25-23-1-35. Requirements to practice as a forensic nurse; continuing education

Sec. 35. (a) Except as provided in subsection (c), in order for an individual to practice as a forensic nurse, the individual must meet the following requirements:

(1) Holds an active license as a registered nurse under this article.

(2) Completes a biennial forensic nursing educational program that has either been:

(A) identified by the state department of health's statewide sexual assault nurse examiners (SANE) coordinator and administered by the Indiana SANE training project; or

(B) approved by the board and that is substantially equivalent to a program described in clause (A).

(3) Submits to the board a certificate of completion of a program described in subdivision (2).

(b) The board shall determine the criteria and requirements for biennial continuing education for a forensic nurse, taking into consideration programs approved by the state department of health's statewide sexual assault nurse examiners (SANE) coordinator or provided by the Indiana SANE training project. A forensic nurse shall meet the continuing education requirements set by the board under this subsection in order to continue practicing as a forensic nurse.

(c) A forensic nurse who is practicing as a forensic nurse on June 30, 2021, is not required to meet the education requirements set forth in subsection (a)(2) until June 30, 2023.

As added by P.L.90-2021, SEC.2.

IC 25-23.1ARTICLE 23.1. REPEALED[Pre-1993 Title 16 Recodification Citations:

25-23.1-1-1New25-23.1-1-2formerly 16-1-46-10 part25-23.1-1-3formerly 16-1-46-125-23.1-1-4formerly 16-1-46-225-23.1-1-5formerly 16-1-46-325-23.1-1-6formerly 16-1-46-425-23.1-2-1formerly 16-1-46-525-23.1-2-2formerly 16-1-46-625-23.1-2-3formerly 16-1-46-725-23.1-2-4formerly 16-1-46-825-23.1-2-5formerly 16-1-46-925-23.1-2-6formerly 16-1-46-10 part25-23.1-2-7formerly 16-1-46-1125-23.1-2-8formerly 16-1-46-1225-23.1-2-9formerly 16-1-46-1325-23.1-2-10formerly 16-1-46-1425-23.1-2-11formerly 16-1-46-1525-23.1-2-12formerly 16-1-46-16.]Repealed by P.L.142-1995, SEC.32.

IC 25-23.2ARTICLE 23.2. REPEALEDRepealed by P.L.1-2007, SEC.248.

IC 25-23.3ARTICLE 23.3. EXPIREDExpired 7-1-2012 by P.L.134-2008, SEC.34.

IC 25-23.4ARTICLE 23.4. CERTIFIED DIRECT ENTRY MIDWIVES

Ch. 1.Definitions Ch. 2.Midwifery Committee Ch. 3.Certified Direct Entry Midwifery Certificates Ch. 4.Informed Consent for the Practice of Certified Direct Entry Midwifery Ch. 5.Physician Collaboration with Certified Direct Entry Midwives Ch. 6.Management of At-Risk Clients Ch. 7.Hospital Services Ch. 8.Liability

IC 25-23.4-1Chapter 1. Definitions

25-23.4-1-1Application of definitions 25-23.4-1-2"Antepartum period" 25-23.4-1-3"Board" 25-23.4-1-4"Certified direct entry midwife"; "CDEM" 25-23.4-1-5"Committee" 25-23.4-1-6"Intrapartum period" 25-23.4-1-7"Licensing agency" 25-23.4-1-8"Postpartum period" 25-23.4-1-9"Practice of midwifery"

IC 25-23.4-1-1Application of definitions Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.232-2013, SEC.20.

IC 25-23.4-1-2"Antepartum period" Sec. 2. "Antepartum period" means the period that begins when a woman becomes pregnant and ends when the birthing period begins.

As added by P.L.232-2013, SEC.20.

IC 25-23.4-1-3"Board" Sec. 3. "Board" refers to the medical licensing board of Indiana.

As added by P.L.232-2013, SEC.20.

IC 25-23.4-1-4"Certified direct entry midwife"; "CDEM" Sec. 4. (a) "Certified direct entry midwife" or "CDEM" means an individual who is a certified direct entry midwife and certified under this article.

(b) The term does not include any of the following:

(1) An individual engaged in the practice of medicine under IC 25-22.5.

(2) A certified nurse midwife engaged only in the practice of midwifery under IC 25-23.

(3) An individual providing emergency medical services.

As added by P.L.232-2013, SEC.20.

IC 25-23.4-1-5"Committee" Sec. 5. "Committee" refers to the midwifery committee established by IC 25-23.4-2.

As added by P.L.232-2013, SEC.20.

IC 25-23.4-1-6"Intrapartum period" Sec. 6. "Intrapartum period" means the period that begins when a woman starts labor and ends when the woman gives birth.

As added by P.L.232-2013, SEC.20.

IC 25-23.4-1-7"Licensing agency" Sec. 7. "Licensing agency" refers to the Indiana professional licensing agency.

As added by P.L.232-2013, SEC.20.

IC 25-23.4-1-8"Postpartum period" Sec. 8. "Postpartum period" means the six (6) week period after a birth.

As added by P.L.232-2013, SEC.20.

IC 25-23.4-1-9"Practice of midwifery" Sec. 9. "Practice of midwifery" means services delivered by a certified direct entry midwife, including, for compensation, to advise, attend, or assist a woman during pregnancy, labor, natural childbirth, or the postpartum period. The term includes the following:

(1) Providing the mother with individualized prenatal care.

(2) Identifying and referring women who require obstetrical attention.

(3) Providing the mother with continuous direct participation and assistance during labor and delivery.

(4) Administering medications as provided in IC 25-23.4-4-5.

(5) Providing the mother with postpartum support.

(6) Providing normal newborn care.

As added by P.L.232-2013, SEC.20.

IC 25-23.4-2Chapter 2. Midwifery Committee

25-23.4-2-1Midwifery committee established 25-23.4-2-2Members 25-23.4-2-3Terms 25-23.4-2-4Meetings; quorum 25-23.4-2-5Staff support 25-23.4-2-6Duties 25-23.4-2-7Rules

IC 25-23.4-2-1Midwifery committee established Sec. 1. The midwifery committee is established to provide recommendations and information to the board.

As added by P.L.232-2013, SEC.20.

IC 25-23.4-2-2Members Sec. 2. Subject to IC 25-1-6.5-3, the committee consists of three (3) members appointed by the governor who are certified direct entry midwives.

As added by P.L.232-2013, SEC.20. Amended by P.L.249-2019, SEC.101.

IC 25-23.4-2-3Terms Sec. 3. (a) Each committee member serves a term under IC 25-1-6.5.

(b) A committee member serves until the committee member's successor is appointed. A vacancy occurring in the membership of the committee shall be filled by appointment by the governor under IC 25-1-6.5.

(d) Committee members annually shall select a chairperson and a vice chairperson from among the committee's members.

As added by P.L.232-2013, SEC.20. Amended by P.L.249-2019, SEC.102.

IC 25-23.4-2-4Meetings; quorum Sec. 4. (a) The committee shall meet at least one (1) time each year at the call of the chairperson.

(b) With the approval of the executive director of the licensing agency, the committee may meet upon:

(1) the call of the chairperson; or

(2) the request of a majority of the members of the committee.

(d) The affirmative vote of two (2) members of the committee is required for the committee to take action.

As added by P.L.232-2013, SEC.20. Amended by P.L.249-2019, SEC.103.

IC 25-23.4-2-5Staff support Sec. 5. The licensing agency shall provide staff support for the committee.

As added by P.L.232-2013, SEC.20.

IC 25-23.4-2-6Duties Sec. 6. (a) The board shall, after receiving information, proposals, or recommendations from the committee, do the following:

(1) Establish as a requirement for certification as a certified direct entry midwife the Certified Professional Midwife credentials developed by the North American Registry of Midwives or a successor organization.

(2) Subject to IC 25-1-8-2, establish fees to administer this article.

(3) Establish annual continuing education requirements to renew a certified direct entry midwife's certificate, which must include continuing education in pharmacology. The requirements established under this subdivision must provide for at least fifteen (15) hours of continuing education every twelve (12) months.

(4) Develop a peer review procedure, using as guidelines the peer review procedures established by:

(A) the Indiana Midwives Association or a successor organization; and

(B) the North American Registry of Midwives or a successor organization.

(b) The board shall, after receiving recommendations from the committee, do the following:

(1) In addition to the requirements under IC 25-23.4-5, adopt rules under IC 4-22-2 to provide for adequate collaboration between a certified direct entry midwife and a collaborating physician.

(2) Adopt rules under IC 4-22-2 that define the competent practice for certified direct entry midwives. Rules adopted under this subdivision must limit the practice of certified direct entry midwives to nonhospital settings.

(3) Adopt rules under IC 4-22-2 that establish standards for an emergency plan of care, including that a plan must allow for the timely provision of emergency care at a hospital.

(4) In addition to the requirements under IC 25-23.4-4-1(a)(6), adopt rules under IC 4-22-2 to set standards for determining the geographic area close enough to the planned location of the delivery to make the collaborating physician a reasonable choice to provide backup care.

(5) In addition to the requirements under IC 25-23.4-5-1(b), adopt rules under IC 4-22-2 to establish standards or conditions that require additional review of a certified direct entry midwife's client encounters by the collaborating physician.

(6) Adopt rules under IC 4-22-2 to determine the number of certified direct entry midwives with whom a physician may collaborate.

(7) In addition to the requirements under IC 25-23.4-6-1(b), establish the conditions that require a certified direct entry midwife to refer a client for an examination by a physician.

(8) Adopt rules under IC 4-22-2, establishing the health conditions that require a referral to a physician under IC 25-23.4-6-1(c).

(c) The board may not adopt rules to grant a certified direct entry midwife prescriptive authority other than the authority specified in IC 25-23.4-4-5.

As added by P.L.232-2013, SEC.20.

IC 25-23.4-2-7Rules Sec. 7. The committee may propose rules to the board for adoption. The board shall adopt rules under IC 4-22-2 to administer this article.

As added by P.L.232-2013, SEC.20.

IC 25-23.4-3Chapter 3. Certified Direct Entry Midwifery Certificates

25-23.4-3-0.5Chapter effective date 25-23.4-3-1Application of chapter; requirements 25-23.4-3-2Education requirements 25-23.4-3-3Issuance of certificate to practice 25-23.4-3-4Expiration of certificate; renewal 25-23.4-3-5Use of title 25-23.4-3-6Reciprocity 25-23.4-3-7Penalty

IC 25-23.4-3-0.5Chapter effective date Sec. 0.5. This chapter is effective beginning January 1, 2014.

As added by P.L.232-2013, SEC.20.

IC 25-23.4-3-1Application of chapter; requirements Sec. 1. (a) This section does not apply to an individual who has a license under IC 25-23-1-13.1 to practice midwifery as a certified nurse midwife and is practicing within the scope of that license.

(b) After July 1, 2018, an individual may not engage in the practice of midwifery unless:

(1) the individual is issued a certificate by a board under IC 25-1-5 and is acting within the scope of the person's license; or

(2) the individual has a certified direct entry midwife certificate under this article and has a collaborative agreement with a physician as set forth in this article.

(1) Be at least twenty-one (21) years of age.

(2) Possess at least:

(A) an associate degree in nursing, associate degree in midwifery accredited by the Midwifery Education Accreditation Council (MEAC), or other similar science related associate degree; or

(B) a bachelor's degree;

from a postsecondary educational institution.

(3) Satisfactorily complete educational curriculum approved by:

(A) the Midwifery Education Accreditation Council (MEAC) or a successor organization; or

(B) the educational equivalent of a Midwifery Education Accreditation Council curriculum approved by the board.

(4) Acquire and document practical experience as outlined in the Certified Professional Midwife credentialing process in accordance with the standards of the North American Registry of Midwives or a successor organization.

(5) Obtain certification by an accredited association in adult cardiopulmonary resuscitation that is approved by the board.

(6) Complete the program sponsored by the American Academy of Pediatrics in neonatal resuscitation, excluding endotracheal intubation and the administration of drugs.

(7) Comply with the birth requirements of the Certified Professional Midwife credentialing process, observe an additional twenty (20) births, attend twenty (20) births conducted by a physician, assist with an additional twenty (20) births, and act as the primary attendant for an additional twenty (20) births.

(8) Provide proof to the board that the applicant has obtained the Certified Professional Midwife credential as administered by the North American Registry of Midwives or a successor organization.

(9) Present additional documentation or certifications required by the board. The board may adopt standards that require more training than required by the North American Registry of Midwives.

(10) Maintain sufficient liability insurance.

As added by P.L.232-2013, SEC.20. Amended by P.L.112-2014, SEC.28; P.L.5-2015, SEC.56; P.L.185-2015, SEC.21; P.L.78-2017, SEC.16; P.L.32-2021, SEC.71.

IC 25-23.4-3-2Education requirements Sec. 2. The board shall, after receiving recommendations from the committee, do the following:

(1) Determine the education that satisfies the requirements in section 1 of this chapter.

(2) Establish formal education requirements in addition to those required in section 1 of this chapter. The requirements must include course material on:

(A) emergency life support procedures;

(B) identification of high risk births for mothers;

(D) other material the board specifies.

As added by P.L.232-2013, SEC.20.

IC 25-23.4-3-3Issuance of certificate to practice Sec. 3. The board shall issue a certificate to practice certified direct entry midwifery to an applicant who satisfies the requirements of sections 1 and 2 of this chapter.

As added by P.L.232-2013, SEC.20.

IC 25-23.4-3-4Expiration of certificate; renewal Sec. 4. (a) Subject to IC 25-1-2-6(e), a certificate issued under this chapter expires after two (2) years, on a date established by the licensing agency. Failure to renew a certificate on or before the expiration date makes the certificate invalid without any action by the board.

(b) To be eligible for the renewal of a certificate issued under this chapter, an individual must:

(1) meet continuing education requirements set by the board;

(2) maintain a Certified Professional Midwife credential; and

(3) maintain sufficient liability insurance.

As added by P.L.232-2013, SEC.20. Amended by P.L.177-2015, SEC.51.

IC 25-23.4-3-5Use of title Sec. 5. After July 1, 2014, only an individual who is issued a certificate under this article may use the title "certified direct entry midwife".

As added by P.L.232-2013, SEC.20.

IC 25-23.4-3-6Reciprocity Sec. 6. The board may issue a certificate to an individual who is licensed or certified as a midwife in another state if:

(1) the board determines that the midwife has fulfilled requirements that are at least equal to the certification requirements of this article;

(2) the midwife holds a license or certificate in good standing from another state and the midwife has practiced for at least three (3) out of the past five (5) years under the license or certificate;

(3) the midwife discloses to the board any judgment or settlement of malpractice and the board makes a determination that the judgment or settlement does not affect the midwife's ability to practice as a midwife; and

(4) the midwife does not have a conviction in the previous five (5) years that has a direct bearing on the midwife's ability to practice competently.

As added by P.L.232-2013, SEC.20.

IC 25-23.4-3-7Penalty Sec. 7. (a) This section does not apply to an individual who has a license under IC 25-23-1-13.1 to practice midwifery as a certified nurse midwife.

(b) After July 1, 2018, an individual who knowingly or intentionally practices midwifery without a certificate required under this article commits a Level 6 felony (for a crime committed after June 30, 2014).

As added by P.L.232-2013, SEC.20. Amended by P.L.112-2014, SEC.29; P.L.185-2015, SEC.22; P.L.78-2017, SEC.17.

IC 25-23.4-4Chapter 4. Informed Consent for the Practice of Certified Direct Entry Midwifery

25-23.4-4-1Requirements to accept a client 25-23.4-4-2Disclosure of procedures and treatment 25-23.4-4-3Informed disclosure of practice 25-23.4-4-4Annual report; submission of data 25-23.4-4-5Prescription drugs 25-23.4-4-6Post birth information

IC 25-23.4-4-1Requirements to accept a client Sec. 1. (a) All the following must occur before a certified direct entry midwife may accept a client for midwifery care:

(1) The certified direct entry midwife must provide the potential client with an informed disclosure of practice form.

(2) The potential client must sign and date the form.

(3) The certified direct entry midwife must sign and date the form.

(4) If the potential client refuses a procedure or treatment required by law, the potential client must so indicate on a separate procedure or treatment form.

(5) The certified direct entry midwife must have an emergency plan for the care of the client if an emergency arises. As part of the emergency plan, the client must sign a release of the client's medical records that allows the certified direct entry midwife to provide the client's medical records to a physician if an emergency arises.

(6) Subject to rules adopted under IC 25-23.4-2-6(b)(5), the certified direct entry midwife must have a collaborative agreement with a physician to provide for consultation and care for the client. The physician shall examine the client at least one (1) time during the client's first trimester and one (1) time during the client's third trimester. The collaborating physician should be located in an area close to where the delivery will occur.

(7) The certified direct entry midwife must provide the client with a list of options for additional screening and assessments, including visits to a physician.

(8) The certified direct entry midwife must maintain medical records on the client through the entire course of care and transfer the medical records to a treating physician if an emergency arises. The medical records must contain all the forms that are required under this subsection.

(b) A certified direct entry midwife may not have a minor as a client unless the minor's parent or guardian has agreed in writing to use the certified direct entry midwife and all other requirements of this article have been met.

As added by P.L.232-2013, SEC.20.

IC 25-23.4-4-2Disclosure of procedures and treatment Sec. 2. (a) A certified direct entry midwife may not perform on a client a specific procedure or treatment that is not described on the informed disclosure of practice form described in section 1 of this chapter until both of the following occur:

(1) The specific procedure or treatment is disclosed to the client in writing on a form that is separate from the informed disclosure of practice form.

(2) The client agrees to the procedure or treatment by signing the procedure or treatment form.

(b) If the potential client refuses a procedure or treatment required by law, the client must so indicate on a separate procedure or treatment form, which must be maintained in the client's medical records.

As added by P.L.232-2013, SEC.20.

IC 25-23.4-4-3Informed disclosure of practice Sec. 3. The informed disclosure of practice form must be in writing and must contain the following information:

(1) A description of the certified direct entry midwife's education and training in midwifery, including completion of continuing education courses and participation in the peer review process.

(2) The certified direct entry midwife's experience level in the field of midwifery.

(3) The certified direct entry midwife's philosophy of practice.

(4) Antepartum, intrapartum, and postpartum period conditions requiring consultation, transfer of care, and transport to a hospital.

(5) The emergency medical backup plan, including the emergency plan and the collaborative agreement with a physician for backup care required under section 1 of this chapter.

(6) The services to be provided to the client by the certified direct entry midwife and that a physician is required to examine the client at least one (1) time during the client's first trimester and one (1) time during the client's third trimester.

(7) The certified direct entry midwife's current status of certification under this article.

(8) A detailed explanation of treatments and procedures.

(9) A detailed description of the risks and expected benefits of midwifery care.

(10) The availability of a grievance process in a case in which a client is dissatisfied with the performance of the certified direct entry midwife.

(11) A statement that if the client is advised by the certified direct entry midwife or a collaborating physician that the client is or has become at risk (as described in IC 25-23.4-6), the certified direct entry midwife:

(A) shall refer the client to a physician for consultation;

(B) may refuse to provide or continue care; and

(12) A statement disclosing whether or not the certified direct entry midwife maintains liability insurance.

(13) That state certification of a certified direct entry midwife does not ensure that a home setting for delivery of a child is safe.

(14) A statement that the client understands that the client is waiving the right to sue a physician or health care provider for the following:

(A) The acts or omissions of the client's certified direct entry midwife.

(B) For collaboration or work with a certified direct entry midwife except for in cases of gross negligence or willful or wanton misconduct by the physician or health care provider.

As added by P.L.232-2013, SEC.20. Amended by P.L.185-2015, SEC.23.

IC 25-23.4-4-4Annual report; submission of data Sec. 4. (a) Before March 31 every year, a certified direct entry midwife shall provide an annual report to the board regarding each birth the previous year that the certified direct entry midwife assisted. A report must summarize the following on a form prescribed by the board:

(1) Vital statistics.

(2) Scope of care.

(3) Transport information.

(4) Physician referral.

(b) A certified direct entry midwife may not reveal the identity of the clients referred to in a report under subsection (a).

(c) The board shall compile the data from the reports collected under subsection (a) and submit the data to the Indiana department of health.

As added by P.L.232-2013, SEC.20. Amended by P.L.56-2023, SEC.236.

IC 25-23.4-4-5Prescription drugs Sec. 5. (a) Except as provided in subsection (b), a certified direct entry midwife may not dispense or administer prescription drugs.

(b) A certified direct entry midwife may carry and administer the following medications under a protocol issued and agreed to by a physician licensed under IC 25-22.5:

(1) Postpartum antihemorrhagic drugs in emergency situations.

(2) Local anesthetics by infiltration or topical application, only for postpartum repair of lacerations, tears, and episiotomy.

(3) Oxygen.

(4) Prophylactic antibiotics for Group B Strep (also known as Beta Strep).

(c) A certified direct entry midwife may not administer a drug intravenously and may, with a physician's order, administer the following:

(1) Vitamin K, either orally or through intramuscular injection.

(2) Rhogam.

(3) Prophylactic ophthalmic antibiotics.

The board may adopt rules under IC 4-22-2 specifying the circumstances under which a certified direct entry midwife may administer the substances listed in this subsection.

As added by P.L.232-2013, SEC.20.

IC 25-23.4-4-6Post birth information Sec. 6. After a client has given birth, the certified direct entry midwife shall:

(1) provide the client with a statement indicating that the newborn infant should be examined by a pediatrician or family practice physician for checkups beginning within two (2) weeks after birth; and

(2) identify with the client a pediatrician or family practice physician for the care of the infant.

As added by P.L.232-2013, SEC.20.

IC 25-23.4-5Chapter 5. Physician Collaboration with Certified Direct Entry Midwives

25-23.4-5-1Collaborating agreement; review of patient encounters 25-23.4-5-2Duties of collaborating physician 25-23.4-5-3Disciplinary action restrictions 25-23.4-5-4Notification of changes of collaborating physicians 25-23.4-5-5Collaborating requirements subject to rules

IC 25-23.4-5-1Collaborating agreement; review of patient encounters Sec. 1. (a) A certified direct entry midwife must have a collaborating agreement with a physician licensed under IC 25-22.5. Collaboration under this chapter does not require the physical presence of the physician at the time and the place at which the certified direct entry midwife renders services.

(b) Subject to rules adopted under IC 25-23.4-2-6(b)(5), a collaborating physician shall review the patient encounters that the certified direct entry midwife has with a patient who is the client of the certified direct entry midwife:

(1) at any time when requested by the physician; and

(2) at the time of the client's visit with the physician during the first and third trimesters, at least the following percentages of the patient charts:

(A) For the first year that the individual is a certified direct entry midwife, one hundred percent (100%).

(B) For the second year that the individual is a certified direct entry midwife, fifty percent (50%).

As added by P.L.232-2013, SEC.20. Amended by P.L.2-2014, SEC.107.

IC 25-23.4-5-2Duties of collaborating physician Sec. 2. A physician collaborating with a certified direct entry midwife under this chapter shall do the following:

(1) Register with the board the physician's intent to collaborate with a certified direct entry midwife. The registration must include the following:

(A) The name, the business address, and the telephone number of the collaborating physician.

(B) The name, the business address, and the telephone number of the certified direct entry midwife.

The registration must be updated annually.

(2) File the written collaborative agreement, which is signed by the certified direct entry midwife and the collaborating physician, with the board.

(3) Submit a statement to the board that the physician will collaborate with the certified direct entry midwife in accordance with the rules adopted by the board.

As added by P.L.232-2013, SEC.20.

IC 25-23.4-5-3Disciplinary action restrictions Sec. 3. The collaborating physician may not have a disciplinary action restriction that limits the physician's ability to collaborate with a certified direct entry midwife.

As added by P.L.232-2013, SEC.20.

IC 25-23.4-5-4Notification of changes of collaborating physicians Sec. 4. A certified direct entry midwife shall notify the board of any changes or additions to the collaborating physicians not more than thirty (30) days after the change or addition.

As added by P.L.232-2013, SEC.20.

IC 25-23.4-5-5Collaborating requirements subject to rules Sec. 5. The requirements for collaboration between a certified direct entry midwife and a collaborating physician under this chapter are subject to rules adopted under IC 25-23.4-2-6(b)(1).

As added by P.L.232-2013, SEC.20.

IC 25-23.4-6Chapter 6. Management of At-Risk Clients

25-23.4-6-1Initial screening; referral to physician 25-23.4-6-2Treatment of at-risk clients

IC 25-23.4-6-1Initial screening; referral to physician Sec. 1. (a) Subject to rules adopted under IC 25-23.4-2-6(b), a certified direct entry midwife must provide an initial screening of a client that includes an assessment of health conditions that require a referral to a physician under subsection (c).

(b) Subject to rules adopted under IC 25-23.4-2-6(b), a certified direct entry midwife shall refer a client to a physician in the client's first and third trimester of pregnancy.

(c) If a client has a health condition that makes the client at risk, the certified direct entry midwife shall, subject to rules adopted under IC 25-23.4-2-6(b):

(1) refer the client to a licensed physician; and

(2) consult with the physician concerning the client's care.

As added by P.L.232-2013, SEC.20. Amended by P.L.2-2014, SEC.108.

IC 25-23.4-6-2Treatment of at-risk clients Sec. 2. (a) If the certified direct entry midwife, physician, and client agree that the certified direct entry midwife may continue to provide services to the at-risk client, the certified direct entry midwife shall enter into a written collaborative plan of treatment with the collaborating physician.

(b) The collaborative plan of treatment under subsection (a) must be in writing and include the following provisions:

(1) The circumstances that would require consultation or referral with a physician.

(2) The circumstances that would require transfer of responsibility for the primary care of the at-risk client.

(3) The services to be provided by the certified direct entry midwife and the licensed physician.

As added by P.L.232-2013, SEC.20.

IC 25-23.4-7Chapter 7. Hospital Services

25-23.4-7-1Clinical privileges

IC 25-23.4-7-1Clinical privileges Sec. 1. This article may not be construed to require a hospital to extend clinical privileges to a certified direct entry midwife.

As added by P.L.232-2013, SEC.20.

IC 25-23.4-8Chapter 8. Liability

25-23.4-8-1Hospital liability 25-23.4-8-2Collaborative agreement and liability; physician; health care provider

IC 25-23.4-8-1Hospital liability Sec. 1. A hospital licensed under IC 16-21 may not be held jointly or severally liable for the acts or omissions of a certified direct entry midwife.

As added by P.L.232-2013, SEC.20.

IC 25-23.4-8-2Collaborative agreement and liability; physician; health care provider Sec. 2. (a) A physician who signs a collaborative agreement with a certified direct entry midwife who:

(1) is certified; and

(2) maintains insurance as required;

under this article may not be held jointly or severally liable for the acts or omissions of a certified direct entry midwife.

(b) Except in cases of gross negligence or willful or wanton misconduct in regard to a physician's collaboration with a certified direct entry midwife, the physician may not be held liable for the collaboration or work with the certified direct entry midwife. This subsection may not be construed to provide immunity to a physician for direct care or treatment that a physician provides to a patient as part of a patient-physician relationship.

(c) If a health care provider employs a physician who signs or has signed a collaborative agreement with a certified direct entry midwife under this article, the health care provider may not be held liable for acts or omissions of the:

(1) midwife; or

(2) physician arising from or pertaining to the physician's collaboration with the direct entry midwife.

(d) Subsection (c) does not apply to a health care provider that:

(1) employs; or

(2) extends clinical privileges to;

a certified direct entry midwife.

As added by P.L.185-2015, SEC.24.

IC 25-23.5ARTICLE 23.5. OCCUPATIONAL THERAPISTS

Ch. 0.5.Applicability Ch. 1.Definitions Ch. 2.Occupational Therapy Committee Ch. 3.Unlawful Practices; Penalty Ch. 4.Occupational Therapy Services and Referrals Ch. 5.Certification; Examinations

IC 25-23.5-0.5Chapter 0.5. Applicability

25-23.5-0.5-1Exempting practice of other occupations and professions 25-23.5-0.5-2Licensing exemption 25-23.5-0.5-3Occupational therapy assistant; requirements

IC 25-23.5-0.5-1Exempting practice of other occupations and professions Sec. 1. This article does not apply to the practice of an occupation or a profession for which an individual is licensed, certified, or registered in Indiana by a state agency if the individual is practicing within the scope of the individual's license, certificate, or registration.

As added by P.L.197-2007, SEC.59.

IC 25-23.5-0.5-2Licensing exemption Sec. 2. The provisions of this article that require a license to engage in the practice of occupational therapy do not apply to the following:

(1) The practice of occupational therapy by an individual who is practicing occupational therapy as part of a supervised course of study in an educational program approved by the board.

(2) The practice of occupational therapy by an occupational therapy assistant who is:

(A) licensed under this article; and

(B) acting under the supervision of an occupational therapist.

As added by P.L.197-2007, SEC.59. Amended by P.L.197-2011, SEC.90.

IC 25-23.5-0.5-3Occupational therapy assistant; requirements Sec. 3. An occupational therapy assistant shall:

(1) be licensed under this article; and

(2) practice under the supervision of an occupational therapist who is licensed under this article.

As added by P.L.197-2007, SEC.59. Amended by P.L.197-2011, SEC.91.

IC 25-23.5-1Chapter 1. Definitions

25-23.5-1-1Application of definitions 25-23.5-1-2"Board" 25-23.5-1-3"Committee" 25-23.5-1-3.5"Examination" 25-23.5-1-4"Occupational therapist" 25-23.5-1-5"Practice of occupational therapy" 25-23.5-1-5.5Repealed 25-23.5-1-6"Occupational therapy assistant" 25-23.5-1-6.5"Occupational therapy services" 25-23.5-1-7"Person"

IC 25-23.5-1-1Application of definitions Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.238-1989, SEC.1.

IC 25-23.5-1-2"Board" Sec. 2. "Board" refers to the medical licensing board of Indiana.

As added by P.L.238-1989, SEC.1.

IC 25-23.5-1-3"Committee" Sec. 3. "Committee" refers to the occupational therapy committee established under IC 25-23.5-2-1.

As added by P.L.238-1989, SEC.1.

IC 25-23.5-1-3.5"Examination" Sec. 3.5. "Examination" refers to a nationally recognized test for occupational therapists that has been approved by the board under IC 25-23.5-5-4.5.

As added by P.L.197-2007, SEC.60.

IC 25-23.5-1-4"Occupational therapist" Sec. 4. "Occupational therapist" means a person who practices occupational therapy.

As added by P.L.238-1989, SEC.1.

IC 25-23.5-1-5"Practice of occupational therapy" Sec. 5. "Practice of occupational therapy" means the therapeutic use of everyday life occupations and occupational therapy services to:

(1) aid individuals or groups to participate in meaningful roles and situations in the home, school, the workplace, the community, or other settings;

(2) promote health and wellness through research and practice; and

(3) serve individuals or groups who are well but have been or are at risk for developing an illness, injury, disease, disorder, condition, impairment, disability, activity limitation, or participation restriction.

The practice of occupational therapy addresses the physical, cognitive, psychosocial, sensory, and other aspects of performance in a variety of contexts to support engagement in everyday life activities that affect a person's health, well-being, and quality of life throughout the person's life span.

As added by P.L.238-1989, SEC.1. Amended by P.L.197-2007, SEC.61; P.L.67-2014, SEC.1.

IC 25-23.5-1-5.5RepealedAs added by P.L.177-1997, SEC.3. Repealed by P.L.197-2011, SEC.153.

IC 25-23.5-1-6"Occupational therapy assistant" Sec. 6. "Occupational therapy assistant" means a person who provides occupational therapy services under the supervision of an occupational therapist.

As added by P.L.238-1989, SEC.1.

IC 25-23.5-1-6.5"Occupational therapy services" Sec. 6.5. "Occupational therapy services" means services that are provided to promote health and wellness, prevent disability, preserve functional capabilities, prevent barriers for occupational performance from occurring, and enable or improve performance in everyday activities, including services that do the following:

(1) Establish, remediate, or restore a skill or ability that is impaired or not yet developed. Occupational therapy services include identifying speech, language, and hearing that are impaired or not yet developed, but does not include the remediation of speech, language, and hearing skills and abilities.

(2) Modify or adapt a person or an activity or environment of a person or compensate for a loss of a person's functions.

(3) Evaluate factors that affect daily living activities, instrumental activities of daily living, and other activities relating to work, play, leisure, education, and social participation. These factors may include body functions, body structure, habits, routines, role performance, behavior patterns, sensory motor skills, cognitive skills, communication and interaction skills, and cultural, physical, psychosocial, spiritual, developmental, environmental, and socioeconomic contexts and activities that affect performance.

(4) Perform interventions and procedures relating to the factors described in subdivision (3), including the following:

(A) Task analysis and therapeutic use of occupations, exercises, and activities.

(B) Education and training in self-care, self-management, home management, and community or work reintegration.

(D) Modification of environments and adaptation processes, including the application of ergonomic and safety principles.

(E) Assessment, design, fabrication, application, fitting, and training in assistive technology, adaptive devices, and orthotic devices, and training in the use of prosthetic devices. However, this does not include the following:

(i) Gait training.

(ii) Training in the use of hearing aids, tracheoesophageal valves, speaking valves, or electrolarynx devices related to the oral production of language.

(iii) Remediation of speech, language, and hearing disorders.

(iv) Fabrication of shoe inserts.

(F) Assessment, recommendation, and training in techniques to enhance safety, functional mobility, and community mobility, including wheelchair management and mobility. However, this does not include gait training.

(G) Management of feeding, eating, and swallowing to enable eating and feeding performance.

(H) Application of physical agent modalities and use of a range of specific therapeutic procedures used in preparation for or concurrently with purposeful and occupation based activities, including techniques to enhance sensory-motor, perceptual, and cognitive processing, manual therapy techniques, and adjunctive and preparatory activities for occupational performance. However, manual therapy does not include spinal manipulation, spinal adjustment, or grade 5 mobilization.

As added by P.L.67-2014, SEC.2.

IC 25-23.5-1-7"Person" Sec. 7. "Person" means an individual.

As added by P.L.238-1989, SEC.1.

IC 25-23.5-2Chapter 2. Occupational Therapy Committee

25-23.5-2-1Establishment of committee 25-23.5-2-2Membership of committee; qualifications 25-23.5-2-3Occupational therapist member; requirement of ongoing practice 25-23.5-2-4Removal of members 25-23.5-2-5Duties of committee 25-23.5-2-6Adoption of standards; fees; renewal of licenses 25-23.5-2-7Preparation, conduct, and scoring of examinations; use of testing company services 25-23.5-2-8Per diem, travel, and other expenses

IC 25-23.5-2-1Establishment of committee Sec. 1. The occupational therapy committee is established.

As added by P.L.238-1989, SEC.1.

IC 25-23.5-2-2Membership of committee; qualifications Sec. 2. The committee consists of five (5) members appointed by the governor for a term under IC 25-1-6.5. Subject to IC 25-1-6.5, the committee must include the following:

(1) At least two (2) occupational therapists who:

(A) are residents of Indiana;

(B) have at least three (3) years experience as occupational therapists; and

(2) At least one (1) physician licensed under IC 25-22.5 who is familiar with the practice of occupational therapy.

(3) At least one (1) person who:

(A) is a resident of Indiana; and

(B) is not associated with occupational therapy in any way other than as a consumer.

As added by P.L.238-1989, SEC.1. Amended by P.L.48-1991, SEC.41; P.L.197-2007, SEC.62; P.L.249-2019, SEC.104.

IC 25-23.5-2-3Occupational therapist member; requirement of ongoing practice Sec. 3. An occupational therapist appointed to the committee must continue to practice occupational therapy while serving as a member of the committee.

As added by P.L.238-1989, SEC.1.

IC 25-23.5-2-4Removal of members Sec. 4. A member of the committee may be removed under IC 25-1-6.5-4.

As added by P.L.238-1989, SEC.1. Amended by P.L.249-2019, SEC.105; P.L.101-2020, SEC.3; P.L.156-2020, SEC.106.

IC 25-23.5-2-5Duties of committee Sec. 5. The committee shall:

(1) consider the qualifications of persons who apply for licenses under this article;

(2) provide for examinations required under this article;

(3) license qualified persons;

(4) propose rules to the board concerning the:

(A) competent practice of occupational therapy;

(B) continuing competency requirement for the renewal of a license for an occupational therapist and occupational therapy assistant; and

(5) recommend to the board the amounts of fees required under this article.

As added by P.L.238-1989, SEC.1. Amended by P.L.197-2007, SEC.63; P.L.197-2011, SEC.92.

IC 25-23.5-2-6Adoption of standards; fees; renewal of licenses Sec. 6. (a) After considering the committee's proposed rules, the board shall adopt rules under IC 4-22-2 establishing standards for:

(1) the competent practice of occupational therapy;

(2) the renewal of licenses issued under this article, subject to IC 25-1-2-6(e); and

(3) standards for the administration of this article.

(b) After considering the committee's recommendations for fees, the board shall establish fees under IC 25-1-8-2.

As added by P.L.238-1989, SEC.1. Amended by P.L.197-2007, SEC.64; P.L.197-2011, SEC.93; P.L.177-2015, SEC.52.

IC 25-23.5-2-7Preparation, conduct, and scoring of examinations; use of testing company services Sec. 7. The committee may utilize the services of a testing company to prepare, conduct, and score examinations.

As added by P.L.238-1989, SEC.1.

IC 25-23.5-2-8Per diem, travel, and other expenses Sec. 8. Each member of the committee who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). Each member of the committee is entitled to reimbursement for travel 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 department of administration and approved by the budget agency.

As added by P.L.238-1989, SEC.1. Amended by P.L.3-2008, SEC.187.

IC 25-23.5-3Chapter 3. Unlawful Practices; Penalty

25-23.5-3-1Unlawful practices 25-23.5-3-1.5Referral requirements; exceptions 25-23.5-3-2Violations; misdemeanor

IC 25-23.5-3-1Unlawful practices Sec. 1. A person may not:

(1) practice as an occupational therapist;

(2) practice as an occupational therapy assistant;

(3) use the title "occupational therapist";

(4) use the title "occupational therapy assistant"; or

(5) engage in the practice of occupational therapy;

unless the person is licensed under this article.

As added by P.L.238-1989, SEC.1. Amended by P.L.197-2007, SEC.65; P.L.197-2011, SEC.94.

IC 25-23.5-3-1.5Referral requirements; exceptions Sec. 1.5. (a) An occupational therapist may provide occupational therapy services to an individual during a period of not more than forty-two (42) calendar days beginning on the day on which the occupational therapist first provides occupational therapy services to the individual.

(b) Except as provided in subsection (c), to provide occupational therapy services to an individual after the period referred to in subsection (a), the occupational therapist must obtain a referral from, or act on the order of, one (1) of the following:

(1) A physician or osteopathic physician licensed under IC 25-22.5.

(2) A podiatrist licensed under IC 25-29.

(3) An advanced practice registered nurse licensed under IC 25-23.

(4) A psychologist licensed under IC 25-33.

(5) A chiropractor licensed under IC 25-10.

(6) An optometrist licensed under IC 25-24.

(7) A physician assistant licensed under IC 25-27.5.

The occupational therapist shall report to the practitioner as specified by the practitioner who provided the referral or order. However, if the practitioner does not specify a reporting requirement, the occupational therapist shall report to the practitioner upon completion or termination of occupational therapy services.

(c) An occupational therapist may provide the following services without a referral or order from a health care provider listed in subsection (b)(1) through (b)(7):

(1) Ergonomic or home assessment.

(2) Injury or illness prevention education and wellness services.

(3) Occupational therapy activities provided in an educational setting.

(4) Occupational therapy activities that the board determines, after reviewing the recommendations of the committee, are appropriate to be conducted in a community based environment.

As added by P.L.197-2007, SEC.66. Amended by P.L.134-2008, SEC.35; P.L.274-2013, SEC.2; P.L.129-2018, SEC.36; P.L.45-2021, SEC.1.

IC 25-23.5-3-2Violations; misdemeanor Sec. 2. A person who knowingly or intentionally violates this chapter commits a Class B misdemeanor.

As added by P.L.238-1989, SEC.1. Amended by P.L.197-2007, SEC.67.

IC 25-23.5-4Chapter 4. Occupational Therapy Services and Referrals

25-23.5-4-1Referrals 25-23.5-4-2Swallowing management

IC 25-23.5-4-1Referrals Sec. 1. If an occupational therapist performs an evaluation and the evaluation suggests the possibility of a condition that requires medical attention, the occupational therapist shall promptly refer the patient to an individual licensed under IC 25-22.5.

As added by P.L.67-2014, SEC.3.

IC 25-23.5-4-2Swallowing management Sec. 2. (a) An occupational therapist may assess and manage the pharyngoesophageal phase of swallowing, including instrumental evaluations, only if the occupational therapist has done the following:

(1) Obtained continuing competency specific to the assessment and management of swallowing disorders.

(2) Demonstrated competencies specific to the evaluation and management of pharyngoesophageal swallowing disorders within the practitioner's service delivery setting and with the specific populations through, at a minimum:

(A) professional development or similar advanced training;

(B) successful passage of a written test; and

(b) The competencies required under subsection (a)(2) must be annually reviewed and updated.

As added by P.L.67-2014, SEC.3.

IC 25-23.5-5Chapter 5. Certification; Examinations

25-23.5-5-1Application; contents 25-23.5-5-2Application; supervised fieldwork experience 25-23.5-5-3Application fee 25-23.5-5-4Examination; minimum requirements 25-23.5-5-4.5Board's duties; approve examination; establish passing score 25-23.5-5-5Examinations; times and places; subject areas 25-23.5-5-6Issuing license 25-23.5-5-7Refusal to issue a license; probationary license 25-23.5-5-8Probationary license; conditions; removal of limitations 25-23.5-5-9Expiration of license; renewal 25-23.5-5-10Reinstatement of invalid license; renewal 25-23.5-5-11Temporary permit; requirements; expiration; renewal 25-23.5-5-12Notice of retirement from practice 25-23.5-5-13Surrender of license; reinstatement 25-23.5-5-14Exemption from examination requirement 25-23.5-5-15Graduate of educational program in foreign country; license requirements

IC 25-23.5-5-1Application; contents Sec. 1. (a) A person who applies for a license as an occupational therapist or an occupational therapy assistant must present satisfactory evidence to the committee that the person:

(1) does not have a conviction for a crime that has a direct bearing on the person's ability to practice competently;

(2) has not been the subject of a disciplinary action by a licensing or certification agency of another state or jurisdiction on the grounds that the person was not able to practice as an occupational therapist or occupational therapy assistant without endangering the public;

(3) has:

(A) before July 1, 2006, graduated from a school or program of occupational therapy or a program for occupational therapy assistants approved by the board; or

(B) after June 30, 2006, graduated:

(i) with a master's degree or its equivalent from a school or program of occupational therapy; or

(ii) from a program for occupational therapy assistants;

approved by the board;

(4) has passed an occupational therapist or occupational therapy assistant licensing examination approved by the board under section 4.5 of this chapter; and

(5) has met the clinical experience requirements established by the board.

(b) Notwithstanding subsection (a), an occupational therapist who received an initial license in occupational therapy before July 1, 2006, is not required to meet the requirements under subsection (a)(3)(B) or (a)(5).

As added by P.L.238-1989, SEC.1. Amended by P.L.33-1993, SEC.33; P.L.197-2007, SEC.68; P.L.197-2011, SEC.95; P.L.67-2014, SEC.4.

IC 25-23.5-5-2Application; supervised fieldwork experience Sec. 2. (a) The board may require a person who applies for a license as an occupational therapist to have successfully completed supervised fieldwork experience arranged and approved by the school or program from which the person graduated.

(b) The board may require a person who applies for a license as an occupational therapy assistant to have successfully completed supervised fieldwork experience arranged and approved by the program from which the person graduated.

As added by P.L.238-1989, SEC.1. Amended by P.L.197-2007, SEC.69; P.L.197-2011, SEC.96.

IC 25-23.5-5-3Application fee Sec. 3. A person applying for a license under this article must pay a fee.

As added by P.L.238-1989, SEC.1. Amended by P.L.197-2007, SEC.70; P.L.197-2011, SEC.97.

IC 25-23.5-5-4Examination; minimum requirements Sec. 4. A person who satisfies the requirements of sections 1 through 3 of this chapter may take the examination approved by the board under section 4.5 of this chapter.

As added by P.L.238-1989, SEC.1. Amended by P.L.197-2007, SEC.71.

IC 25-23.5-5-4.5Board's duties; approve examination; establish passing score Sec. 4.5. (a) The board shall do the following:

(1) Approve a nationally recognized examination for each type of license issued under this article.

(2) Establish the passing score necessary to obtain a license under this article.

(b) The board may use any part of an examination administered by:

(1) the National Board for Certification in Occupational Therapy, or its successor; or

(2) another nationally recognized body that provides examination services for occupational therapists, as determined by the committee;

as the examination required to obtain a license under this article.

As added by P.L.197-2007, SEC.72. Amended by P.L.197-2011, SEC.98.

IC 25-23.5-5-5Examinations; times and places; subject areas Sec. 5. (a) The committee shall provide for examinations to be given at least two (2) times a year at times and places established by the board.

(b) The committee shall provide for examinations that test a person's knowledge of the basic and clinical sciences as they relate to the practice of occupational therapy, occupational therapy theory and procedures, and other subjects the committee considers useful to test a person's fitness to practice as an occupational therapist or occupational therapy assistant.

As added by P.L.238-1989, SEC.1. Amended by P.L.197-2007, SEC.73.

IC 25-23.5-5-6Issuing license Sec. 6. The committee shall issue a license to a person who meets the requirements for a license under this article.

As added by P.L.238-1989, SEC.1. Amended by P.L.197-2007, SEC.74; P.L.197-2011, SEC.99.

IC 25-23.5-5-7Refusal to issue a license; probationary license Sec. 7. (a) The committee may refuse to issue a license or may issue a probationary license to a person if:

(1) the person has been disciplined by an administrative agency in another jurisdiction; and

(2) the committee determines that the violation for which the person was disciplined has a direct bearing on the person's ability to practice occupational therapy as an occupational therapist.

(b) The committee may refuse to issue a license or may issue a probationary license to a person if:

(1) the person has been disciplined by an administrative agency in another jurisdiction; and

(2) the committee determines that the violation for which the person was disciplined has a direct bearing on the person's ability to practice as an occupational therapy assistant.

As added by P.L.238-1989, SEC.1. Amended by P.L.197-2007, SEC.75; P.L.197-2011, SEC.100.

IC 25-23.5-5-8Probationary license; conditions; removal of limitations Sec. 8. (a) If the committee issues a probationary license under section 7 of this chapter, the committee may require the person who holds the probationary license to perform one (1) or more of the following conditions:

(1) Report regularly to the committee upon a matter that is the basis for the probation.

(2) Limit practice to areas prescribed by the committee.

(3) Continue or renew professional education.

(4) Engage in community restitution or service without compensation for a number of hours specified by the committee.

(b) The committee shall remove a limitation placed on a probationary license if after a hearing the committee finds that the deficiency that caused the limitation has been remedied.

As added by P.L.238-1989, SEC.1. Amended by P.L.32-2000, SEC.14; P.L.197-2007, SEC.76; P.L.197-2011, SEC.101.

IC 25-23.5-5-9Expiration of license; renewal Sec. 9. (a) A license issued by the committee expires on a date established by the Indiana professional licensing agency under IC 25-1-5-4 in the next even-numbered year following the year in which the license was issued.

(b) A person may renew a license by paying a renewal fee on or before the expiration date of the license.

As added by P.L.238-1989, SEC.1. Amended by P.L.1-2006, SEC.457; P.L.197-2007, SEC.77; P.L.197-2011, SEC.102.

IC 25-23.5-5-10Reinstatement of invalid license; renewal Sec. 10. (a) The committee shall reinstate an invalid license up to three (3) years after the expiration date of the license if the person holding the invalid license meets the requirements under IC 25-1-8-6.

(b) If more than three (3) years have elapsed since the date a license expired, the person holding the license may renew the license by satisfying the requirements for renewal established by the board and meeting the requirements under IC 25-1-8-6.

As added by P.L.238-1989, SEC.1. Amended by P.L.269-2001, SEC.19; P.L.197-2007, SEC.78; P.L.197-2011, SEC.103.

IC 25-23.5-5-11Temporary permit; requirements; expiration; renewal Sec. 11. (a) The committee may issue a temporary permit to a person to engage in the practice of occupational therapy as an occupational therapist or occupational therapy assistant if the person pays a fee and the person:

(1) has a valid license or certificate to practice from another state and the person has applied for a license or certificate from the committee;

(2) is practicing occupational therapy in a state that does not license or certify occupational therapists or occupational therapy assistants but is certified by a national occupational therapy association approved by the board and the person has applied for a license from the committee; or

(3) meets all the following requirements:

(A) Has graduated from an accredited program.

(B) Has completed the fieldwork experience requirement for a license under this article.

(b) A person with a temporary permit issued under subsection (a)(3) may engage in the practice of occupational therapy as an occupational therapist or an occupational therapy assistant only under the supervision of an occupational therapist licensed under this article.

(1) the date the person holding the permit is issued a permanent license under this article;

(2) the date the committee disapproves the person's license application; or

(3) one hundred eighty (180) days after the date the permit is issued.

(d) The committee may renew a temporary permit if the person holding the permit was scheduled to take the next examination and the person:

(1) did not take the examination; and

(2) shows good cause for not taking the examination.

(e) A permit renewed under subsection (d) expires on the date the person holding the permit receives the results from the next examination given after the permit was issued.

As added by P.L.238-1989, SEC.1. Amended by P.L.48-1991, SEC.42; P.L.197-2007, SEC.79; P.L.197-2011, SEC.104.

IC 25-23.5-5-12Notice of retirement from practice Sec. 12. (a) A person who is licensed under this article shall notify the committee in writing when the person retires from practice.

(b) Upon receipt of the notice, the committee shall:

(1) record the fact the person is retired; and

(2) release the person from further payment of renewal fees.

As added by P.L.238-1989, SEC.1. Amended by P.L.197-2007, SEC.80; P.L.197-2011, SEC.105.

IC 25-23.5-5-13Surrender of license; reinstatement Sec. 13. (a) If a person surrenders a license to the committee, the committee may reinstate the license upon written request by the person.

(b) If the committee reinstates a license, the committee may impose conditions on the license appropriate to the reinstatement.

(c) A person may not surrender a license without written approval by the committee if a disciplinary proceeding under this article is pending against the person.

As added by P.L.238-1989, SEC.1. Amended by P.L.197-2007, SEC.81; P.L.197-2011, SEC.106.

IC 25-23.5-5-14Exemption from examination requirement Sec. 14. A person who applies for a license under this article may be exempted by the committee from the examination requirement under section 6 of this chapter if the person:

(1) is licensed or certified to practice occupational therapy as an occupational therapist or occupational therapy assistant in another state; or

(2) is practicing occupational therapy in a state that does not license or certify occupational therapists or occupational therapy assistants and is certified by a national occupational therapy association approved by the board;

and is otherwise qualified under sections 1 through 3 of this chapter and pays an additional fee.

As added by P.L.238-1989, SEC.1. Amended by P.L.197-2007, SEC.82; P.L.197-2011, SEC.107.

IC 25-23.5-5-15Graduate of educational program in foreign country; license requirements Sec. 15. The committee may issue a license to a person who has graduated as an occupational therapist or issue a license to a person who has graduated as an occupational therapy assistant from an educational program in a foreign country if the person:

(1) graduated from an educational program approved by the board;

(2) does not have a conviction for:

(A) an act that would constitute a ground for a disciplinary sanction under IC 25-1-9; or

(B) a crime that has a direct bearing on the person's ability to practice competently;

(3) has not been the subject of a disciplinary action initiated by a licensing agency of another state or jurisdiction on the ground that the person was not able to practice occupational therapy as an occupational therapist or occupational therapy assistant without endangering the public;

(4) passes the examination required under this chapter; and

(5) pays a fee.

As added by P.L.238-1989, SEC.1. Amended by P.L.197-2007, SEC.83; P.L.197-2011, SEC.108.

IC 25-23.6ARTICLE 23.6. BEHAVIORAL HEALTH AND HUMAN SERVICES PROFESSIONALS

Ch. 1.Definitions Ch. 2.Behavioral Health and Human Services Licensing Board Ch. 3.Marriage and Family Therapists; Unlawful Practices Ch. 4.Social Workers; Unlawful Practices Ch. 4.5.Mental Health Counselors; Unlawful Practices Ch. 5.Social Worker Licensure Ch. 6.Privileged Communications Ch. 7.Disclosure of Educational Background Ch. 8.Marriage and Family Therapist Licensure Ch. 8.5.Mental Health Counselor Licensure Ch. 9.Repealed Ch. 10.Repealed Ch. 10.1.Addiction Counselors and Clinical Addiction Counselors; Unlawful Practices; Penalty Ch. 10.5.Addiction Counselor and Clinical Addiction Counselor Licensure Ch. 11.Prohibited Practices

IC 25-23.6-1Chapter 1. Definitions

25-23.6-1-1Application of definitions 25-23.6-1-1.2"Addiction counseling experience" 25-23.6-1-1.5"Appraisal" 25-23.6-1-2"Board" 25-23.6-1-2.5Repealed 25-23.6-1-2.6"Clinical addiction counseling experience" 25-23.6-1-3"Clinical social worker" 25-23.6-1-3.3"Clinical social work experience" 25-23.6-1-3.6"Counseling" 25-23.6-1-3.8"Counselor" 25-23.6-1-3.9"Governmental employee" 25-23.6-1-4"Eligible postsecondary educational institution" 25-23.6-1-4.3"Licensed addiction counselor" 25-23.6-1-4.4"Licensed addiction counselor associate" 25-23.6-1-4.5"Licensed clinical addiction counselor" 25-23.6-1-4.6"Licensed bachelor's degree social worker" 25-23.6-1-4.7"Licensed clinical addiction counselor associate" 25-23.6-1-4.8"Licensed social worker" 25-23.6-1-5"Marriage and family therapist" 25-23.6-1-5.5"Mental health counselor" 25-23.6-1-5.6"Mental health diagnosis" 25-23.6-1-5.7"Practice of addiction counseling" 25-23.6-1-5.9"Practice of clinical addiction counseling" 25-23.6-1-6"Practice of clinical social work" 25-23.6-1-7"Practice of marriage and family therapy" 25-23.6-1-7.5"Practice of mental health counseling" 25-23.6-1-8"Practice of social work" 25-23.6-1-9"Psychotherapy" 25-23.6-1-9.5"Relational" 25-23.6-1-10"Social worker" 25-23.6-1-11"Social work experience"

IC 25-23.6-1-1Application of definitions Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.186-1990, SEC.9.

IC 25-23.6-1-1.2"Addiction counseling experience" Sec. 1.2. "Addiction counseling experience" refers to a time during which an applicant provides addiction counseling services directly to clients diagnosed with a substance use disorder, including treatment of clients, and at least fifty percent (50%) of the time consists of providing addiction counseling services directly to clients diagnosed with a substance use disorder.

As added by P.L.122-2009, SEC.10.

IC 25-23.6-1-1.5"Appraisal" Sec. 1.5. "Appraisal" means the use or administration of career and occupational instruments, adaptive behavioral and symptoms screening checklists, and inventories of interests and preferences that are administered for the purpose of counseling persons to cope with or adapt to changing life situations that are due to problems in living. The term includes the use of marital, relational, communicational, parent and child, and family systems assessment instruments.

As added by P.L.147-1997, SEC.12. Amended by P.L.197-2007, SEC.84.

IC 25-23.6-1-2"Board" Sec. 2. "Board" refers to the behavioral health and human services licensing board.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.13; P.L.122-2009, SEC.11.

IC 25-23.6-1-2.5RepealedAs added by P.L.147-1997, SEC.14. Repealed by P.L.1-2006, SEC.588.

IC 25-23.6-1-2.6"Clinical addiction counseling experience" Sec. 2.6. "Clinical addiction counseling experience" refers to a time during which an applicant provides clinical services, including evaluation and treatment of clients, and at least fifty percent (50%) of the time consists of providing addiction counseling services directly to clients diagnosed with a substance use disorder.

As added by P.L.122-2009, SEC.12.

IC 25-23.6-1-3"Clinical social worker" Sec. 3. "Clinical social worker" means an individual who is licensed under IC 25-23.6-5.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.15; P.L.122-2009, SEC.13.

IC 25-23.6-1-3.3"Clinical social work experience" Sec. 3.3. "Clinical social work experience" means a period of time during which an applicant provides clinical services, including evaluation and treatment of clients, in which at least fifty percent (50%) of the time consists of providing counseling services directly to clients.

As added by P.L.147-1997, SEC.16.

IC 25-23.6-1-3.6"Counseling" Sec. 3.6. "Counseling" means techniques used to help individuals learn how to solve problems and make decisions related to personal growth, vocational, family, social, and other interpersonal concerns.

As added by P.L.147-1997, SEC.17.

IC 25-23.6-1-3.8"Counselor" Sec. 3.8. Except as provided in IC 25-23.6-7-5, "counselor" refers to a social worker, a clinical social worker, a marriage and family therapist, a mental health counselor, an addiction counselor, or a clinical addiction counselor who is licensed under this article.

As added by P.L.147-1997, SEC.18. Amended by P.L.122-2009, SEC.14.

IC 25-23.6-1-3.9"Governmental employee" Sec. 3.9. (a) "Governmental employee" means an individual employed by the office of the secretary of family and social services, the division of family resources, the division of mental health and addiction, the division of disability, aging, and rehabilitative services, the department of correction, the department of child services, or the Indiana department of health in one (1) of the following classifications:

(1) 2AA3 Behavioral clinician 3.

(2) 2AA4 Behavioral clinician 4.

(3) 2AA5 Clinical associate 5.

(4) 2FL1 Mental health administrator 1.

(5) 2FL2 Mental health administrator 2.

(6) 2FL3 Mental health administrator 3.

(7) 2AN3 Substance abuse counselor 3.

(8) 2AN4 Substance abuse counselor 4.

(9) 2AN5 Substance abuse counselor 5.

(10) 2AH2 Social services specialist 2.

(11) 2AH3 Social services specialist 3.

(12) 2AH4 Social services specialist 4.

(13) 2AI1 Psychiatric services director 1.

(14) 2AE2 Psychiatric social services specialist 2.

(15) 2AE3 Psychiatric social services specialist 3.

(16) 2AP2 Family case manager 2.

(17) 2AP3 Family case manager trainee 3.

(18) 7AP3 Family case manager supervisor 3.

(19) 7AP4 Family case manager supervisor 4.

(b) The term includes any employee of the department of child services, regardless of the employee's job title or classification, who, as part of the employee's assigned job, is carrying out the duties of the department of child services, as set forth in IC 31-25-2-7 and IC 31-25-2-8.

As added by P.L.244-1999, SEC.1. Amended by P.L.215-2001, SEC.99; P.L.141-2006, SEC.108; P.L.145-2006, SEC.162; P.L.1-2007, SEC.177; P.L.104-2015, SEC.2; P.L.56-2023, SEC.237; P.L.122-2026, SEC.110.

IC 25-23.6-1-4"Eligible postsecondary educational institution" Sec. 4. "Eligible postsecondary educational institution" means a postsecondary educational institution that:

(1) awards a bachelor's or higher degree;

(2) is located in:

(A) the United States; or

(B) Canada or another country, if permitted under IC 25-23.6-8-2.1, IC 25-23.6-8.5-2, or another provision of this article; and

(3) is accredited by a regional accrediting body.

As added by P.L.186-1990, SEC.9. Amended by P.L.33-1993, SEC.34; P.L.2-2007, SEC.328.

IC 25-23.6-1-4.3"Licensed addiction counselor" Sec. 4.3. "Licensed addiction counselor" means an individual who is licensed as an addiction counselor under IC 25-23.6-10.5.

As added by P.L.122-2009, SEC.15.

IC 25-23.6-1-4.4"Licensed addiction counselor associate" Sec. 4.4. "Licensed addiction counselor associate" means an individual who is licensed as an addiction counselor associate under IC 25-23.6-10.5-1.5.

As added by P.L.225-2017, SEC.1.

IC 25-23.6-1-4.5"Licensed clinical addiction counselor" Sec. 4.5. "Licensed clinical addiction counselor" means an individual who is licensed as a clinical addiction counselor under IC 25-23.6-10.5.

As added by P.L.122-2009, SEC.16.

IC 25-23.6-1-4.6"Licensed bachelor's degree social worker" Sec. 4.6. "Licensed bachelor's degree social worker" means an individual who is licensed as a bachelor's degree social worker under IC 25-23.6-5.

As added by P.L.192-2017, SEC.1.

IC 25-23.6-1-4.7"Licensed clinical addiction counselor associate" Sec. 4.7. "Licensed clinical addiction counselor associate" means an individual who is licensed as a clinical addiction counselor associate under IC 25-23.6-10.5-2.5.

As added by P.L.225-2017, SEC.2.

IC 25-23.6-1-4.8"Licensed social worker" Sec. 4.8. "Licensed social worker" means an individual who is licensed under IC 25-23.6-5.

As added by P.L.147-1997, SEC.19. Amended by P.L.122-2009, SEC.17.

IC 25-23.6-1-5"Marriage and family therapist" Sec. 5. "Marriage and family therapist" means an individual who is licensed under IC 25-23.6-8.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.20; P.L.122-2009, SEC.18.

IC 25-23.6-1-5.5"Mental health counselor" Sec. 5.5. "Mental health counselor" means an individual who is licensed under IC 25-23.6-8.5.

As added by P.L.147-1997, SEC.21. Amended by P.L.122-2009, SEC.19.

IC 25-23.6-1-5.6"Mental health diagnosis" Sec. 5.6. (a) "Mental health diagnosis" means the evaluation of mental, emotional, behavioral, and addictive disorders and conditions by an individual who:

(1) uses accepted classifications, including the most current version of:

(A) the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (DSM); and

(B) the International Classification of Diseases (ICD); and

(2) complies with:

(A) the education, training, experience, and licensure requirements set forth in IC 25-23.6-11-4; and

(B) the individual's professional scope of practice.

(b) The term does not include a physical diagnosis.

As added by P.L.138-2021, SEC.1.

IC 25-23.6-1-5.7"Practice of addiction counseling" Sec. 5.7. (a) "Practice of addiction counseling" means the providing of professional services that are delivered by a licensed addiction counselor, that are designed to change substance use or addictive behavior, and that involve specialized knowledge and skill related to addictions and addictive behaviors, including understanding addiction, knowledge of the treatment process, application to practice, and professional readiness. The term includes:

(1) gathering information through structured interview screens using routine protocols;

(2) reviewing assessment findings to assist in the development of a plan individualized for treatment services and to coordinate services;

(3) referring for assessment, diagnosis, evaluation, and mental health therapy;

(4) providing client and family education related to addictions;

(5) providing information on social networks and community systems for referrals and discharge planning;

(6) participating in multidisciplinary treatment team meetings or consulting with clinical addiction professionals;

(7) counseling, through individual and group counseling, as well as group and family education, to treat addiction and substance abuse in a variety of settings, including:

(A) mental and physical health facilities; and

(B) child and family service agencies; and

(8) maintaining the highest level of professionalism and ethical responsibility.

(b) The term does not include the use of psychotherapy or diagnosis (as defined in IC 25-22.5-1-1.1(c) or as defined as the practice of psychology under IC 25-33-1-2(a)).

(1) holding a valid:

(A) level II or higher certification or the equivalent certification from a credentialing agency approved by the division of mental health and addiction; or

(B) certification as an addiction counselor or addiction therapist from a credentialing agency that is approved by the board;

(2) having at least ten (10) years of experience in addiction counseling;

(3) furnishing satisfactory evidence to the board that the individual does not have:

(A) a conviction for a crime of violence (as defined in IC 35-31.5-2-79); or

(B) a conviction in the previous two (2) years that has a direct bearing on the individual's ability to practice competently; and

(4) filing an initial application with the board before July 1, 2010;

the term includes the provision of addiction counseling services in private practice in consultation with other licensed professionals as required by the client's individualized treatment plan.

As added by P.L.122-2009, SEC.20. Amended by P.L.142-2020, SEC.27; P.L.85-2026, SEC.10.

IC 25-23.6-1-5.9"Practice of clinical addiction counseling" Sec. 5.9. "Practice of clinical addiction counseling" means the providing of professional services that are delivered by a licensed clinical addiction counselor, that are designed to change substance use or addictive behavior, and that involve specialized knowledge and skill related to addictions and addictive behaviors, including understanding addiction, knowledge of the treatment process, application to practice, and professional readiness. The term includes:

(1) gathering information through structured interview screens using routine protocols and standardized clinical instruments;

(2) using appraisal instruments as an aid in individualized treatment planning that the licensed clinical addiction counselor is qualified to employ because of:

(A) education;

(B) training; and

(3) providing a mental health diagnosis;

(4) reviewing assessment findings to:

(A) develop a plan for individualized addiction treatment;

(B) coordinate services; and

(5) using counseling and psychotherapeutic techniques through individual, group, and family counseling to treat addiction and other substance related problems and conditions in a variety of settings, including:

(A) mental and physical health facilities;

(B) child and family service agencies; and

(6) providing client and family education related to addictions;

(7) providing information on social networks and community systems for referrals and discharge planning;

(8) participating in multidisciplinary treatment team meetings or consulting with clinical addiction professionals; and

(9) maintaining the highest level of professionalism and ethical responsibility.

As added by P.L.122-2009, SEC.21. Amended by P.L.138-2021, SEC.2.

IC 25-23.6-1-6"Practice of clinical social work" Sec. 6. "Practice of clinical social work" means professional services that are designed to help individuals, marriages, couples, families, groups, and communities to enhance or restore their capacity for functioning by:

(1) assisting in the obtaining or improving of tangible social and health services;

(2) providing a mental health diagnosis;

(3) using appraisal instruments as an aid in treatment planning that the clinical social worker is qualified to employ by virtue of the counselor's education, training, and experience; and

(4) counseling and psychotherapeutic techniques, casework social work advocacy, and treatment in a variety of settings that include mental and physical health facilities, child and family service agencies, or private practice.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.22; P.L.138-2021, SEC.3.

IC 25-23.6-1-7"Practice of marriage and family therapy" Sec. 7. "Practice of marriage and family therapy" means a specialty that:

(1) uses an applied understanding of the dynamics of marital, relational, and family systems, and individual psychodynamics;

(2) uses counseling and psychotherapeutic techniques;

(3) provides a mental health diagnosis and treats mental and emotional conditions, resolves intrapersonal and interpersonal conflict, and changes perceptions, attitudes, and behavior, all within the context of family, marital, and relational systems, including the use of accepted evaluation classifications;

(4) uses individual, group, couple, sexual, family, and divorce therapy; and

(5) uses appraisal instruments that evaluate individual, marital, relational, communicational, parent and child, and family functioning that the marriage and family therapist is qualified to employ by virtue of the counselor's education, training, and experience.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.23; P.L.138-2021, SEC.4.

IC 25-23.6-1-7.5"Practice of mental health counseling" Sec. 7.5. "Practice of mental health counseling" means a specialty that:

(1) uses counseling and psychotherapeutic techniques based on principles, methods, and procedures of counseling that assist people in identifying and resolving personal, social, vocational, intrapersonal, and interpersonal concerns;

(2) uses counseling to provide a mental health diagnosis and treat emotional and mental problems and conditions in a variety of settings, including mental and physical health facilities, child and family service agencies, or private practice, and including the use of accepted evaluation classifications;

(3) administers and interprets appraisal instruments that the mental health counselor is qualified to employ by virtue of the counselor's education, training, and experience;

(4) uses information and community resources for personal, social, or vocational development;

(5) uses individual and group techniques for facilitating problem solving, decision making, and behavioral change;

(6) uses functional assessment and vocational planning guidance for persons requesting assistance in adjustment to a disability or disabling condition;

(7) uses referrals for individuals who request counseling services; and

(8) uses and interprets counseling research.

As added by P.L.147-1997, SEC.24. Amended by P.L.138-2021, SEC.5.

IC 25-23.6-1-8"Practice of social work" Sec. 8. (a) "Practice of social work" means professional services that are designed to effect change in human behavior, emotional responses, and social conditions of individuals, couples, families, groups, and communities and that involve specialized knowledge and skill related to human development, including an understanding of unconscious motivation, the potential for human growth, the availability of social resources, and knowledge of social systems. The term includes planning, administration, and research for community social services delivery systems.

(b) The term does not include the use of psychotherapy or diagnosis (as defined in IC 25-22.5-1-1.1(c)).

(c) The term, as it is applied to an individual who is licensed as a bachelor's degree social worker, means the level of knowledge at the level expected upon completion of a bachelor's degree in social work from a postsecondary educational institution that is accredited or approved for candidacy by the Council on Social Work Education, or approved by the board, including planning, administration, and research for community social services delivery systems at a generalist level.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.25; P.L.192-2017, SEC.2.

IC 25-23.6-1-9"Psychotherapy" Sec. 9. "Psychotherapy" means the assessing and treating of mental and emotional disorders by any of the various means of communication between the social worker practitioner and the client.

As added by P.L.186-1990, SEC.9.

IC 25-23.6-1-9.5"Relational" Sec. 9.5. "Relational" means services that a marriage and family therapist or marriage and family therapist associate delivers at the same time and in the same location to at least two (2) individuals who share a relationship beyond the therapy session.

As added by P.L.49-2019, SEC.1.

IC 25-23.6-1-10"Social worker" Sec. 10. "Social worker" means an individual who graduates from a program accredited by the Council on Social Work Education.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.26.

IC 25-23.6-1-11"Social work experience" Sec. 11. "Social work experience" means a period of time during which an applicant provides social worker services, including assessment and evaluation of clients, in which at least fifty percent (50%) of the time consists of providing services directly to clients.

As added by P.L.147-1997, SEC.27.

IC 25-23.6-2Chapter 2. Behavioral Health and Human Services Licensing Board

25-23.6-2-1Establishment of board 25-23.6-2-2Membership of board; qualifications; political affiliation 25-23.6-2-3Per diem, travel, and other expenses 25-23.6-2-4Removal of governor appointed member 25-23.6-2-5Chairman; term 25-23.6-2-6Meetings 25-23.6-2-7Duties of board 25-23.6-2-8Adoption of standards; fees; duties of board 25-23.6-2-8.5Regulation by a unit prohibited 25-23.6-2-9Social worker section established 25-23.6-2-9.5Addiction counselor section of board established 25-23.6-2-10Marriage and family therapist section established 25-23.6-2-10.5Mental health counselor section established 25-23.6-2-11Duties of sections of the board 25-23.6-2-12Examinations; testing company services

IC 25-23.6-2-1Establishment of board Sec. 1. The behavioral health and human services licensing board is established.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.28; P.L.122-2009, SEC.22.

IC 25-23.6-2-2Membership of board; qualifications; political affiliation Sec. 2. (a) The board consists of ten (10) members appointed by the governor. Subject to IC 25-1-6.5-3, the board must include the following:

(1) Two (2) marriage and family therapists who:

(A) have at least a master's degree in marriage and family therapy or a related field from an eligible postsecondary educational institution;

(B) are licensed under this article; and

(2) One (1) social worker who:

(A) has at least a master's degree in social work from an eligible postsecondary educational institution accredited by the Council on Social Work Education;

(B) is licensed under this article; and

(3) One (1) social services director of a hospital with a social work degree who has at least three (3) years of experience in a hospital setting.

(4) Two (2) mental health counselors who:

(A) have at least a master's degree in mental health counseling;

(B) are licensed under this article; and

(5) One (1) consumer who has never been credentialed under this article.

(6) One (1) physician licensed under IC 25-22.5 who has training in psychiatric medicine.

(7) Two (2) licensed clinical addiction counselors who:

(A) are licensed under IC 25-23.6-10.5; and

(B) have at least five (5) years experience in clinical addiction counseling.

(b) Not more than six (6) members of the board may be from the same political party.

(1) before July 1, 2019, serves a three (3) year term; and

(2) after June 30, 2019, serves a term under IC 25-1-6.5.

As added by P.L.186-1990, SEC.9. Amended by P.L.33-1993, SEC.35; P.L.255-1996, SEC.17; P.L.147-1997, SEC.29; P.L.2-1998, SEC.67; P.L.2-2007, SEC.329; P.L.122-2009, SEC.23; P.L.249-2019, SEC.106; P.L.11-2023, SEC.80.

IC 25-23.6-2-3Per diem, travel, and other expenses Sec. 3. Each member of the board who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). Each member of the board is entitled to reimbursement for travel 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 department of administration and approved by the budget agency.

As added by P.L.186-1990, SEC.9. Amended by P.L.3-2008, SEC.188.

IC 25-23.6-2-4Removal of governor appointed member Sec. 4. A member of the board who is appointed by the governor may be removed under IC 25-1-6.5-4.

As added by P.L.186-1990, SEC.9. Amended by P.L.249-2019, SEC.107.

IC 25-23.6-2-5Chairman; term Sec. 5. The board shall elect a chairman from among the members of the board for a one (1) year term. An individual may not be elected as chairman for more than two (2) consecutive one (1) year terms.

As added by P.L.186-1990, SEC.9.

IC 25-23.6-2-6Meetings Sec. 6. The board shall meet monthly.

As added by P.L.186-1990, SEC.9. Amended by P.L.33-1993, SEC.36; P.L.264-2019, SEC.6.

IC 25-23.6-2-7Duties of board Sec. 7. The board shall consider matters that are of interest to all board sections.

As added by P.L.186-1990, SEC.9. Amended by P.L.33-1993, SEC.37.

IC 25-23.6-2-8Adoption of standards; fees; duties of board Sec. 8. (a) The board shall adopt rules under IC 4-22-2 establishing standards for the following:

(1) The competent practice of marriage and family therapy, bachelor's degree social work, social work, clinical social work, mental health counseling, addiction counseling, and clinical addiction counseling.

(2) The renewal of licenses issued under this article.

(3) Standards for the administration of this article.

(4) Continuing education requirements for an individual seeking renewal of licensure as a bachelor's degree social worker, social worker, clinical social worker, or marriage and family therapist.

(5) The retention of patient records and reports by a counselor.

(6) The approval of continuing education providers, programs, courses, fees, and proof of course completion.

(b) The board shall establish fees under IC 25-1-8-2.

(1) Consider the qualifications of individuals who apply for a license under this article.

(2) Provide for examinations required under this article.

(3) Subject to IC 25-1-8-6, renew licenses under this article.

(4) Conduct proceedings under IC 25-1-9.

(5) Administer the professional counselors licensure compact under IC 25-42.5, including appointing members to the counseling compact commission and adopting any rules necessary to administer the compact.

As added by P.L.186-1990, SEC.9. Amended by P.L.255-1996, SEC.18; P.L.147-1997, SEC.30; P.L.269-2001, SEC.20; P.L.122-2009, SEC.24; P.L.192-2017, SEC.3; P.L.98-2023, SEC.1.

IC 25-23.6-2-8.5Regulation by a unit prohibited Sec. 8.5. Unless otherwise provided by law, a unit (as defined in IC 36-1-2-23) may not regulate behavioral health and human services that are:

(1) subject to licensing or certification by the board under this article, including:

(A) marriage and family therapy services under IC 25-23.6-3 and IC 25-23.6-8;

(B) social work or clinical social work services under IC 25-23.6-4 and IC 25-23.6-5;

(D) addiction counselor or clinical addiction counselor services under IC 25-23.6-10.1 and IC 25-23.6-10.5; or

(2) exempt from licensing or certification by the board under this article, including:

(A) marriage and family therapy services under IC 25-23.6-3-2;

(B) social work or clinical social work services under IC 25-23.6-4-2;

(D) addiction counselor or clinical addiction counselor services under IC 25-23.6-10.1-2.

As added by P.L.111-2023, SEC.1.

IC 25-23.6-2-9Social worker section established Sec. 9. (a) The social worker section of the board is established. The section consists of the following:

(1) Two (2) social worker members of the board.

(2) Two (2) consumer members of the board.

(3) One (1) physician member of the board.

(b) Three (3) members of the social worker section, two (2) of whom must be social workers, constitute a quorum.

As added by P.L.186-1990, SEC.9. Amended by P.L.33-1993, SEC.38; P.L.255-1996, SEC.19; P.L.147-1997, SEC.31.

IC 25-23.6-2-9.5Addiction counselor section of board established Sec. 9.5. (a) The addiction counselor section of the board is established. The section consists of the following:

(1) Two (2) licensed clinical addiction counselor members of the board.

(2) Two (2) consumer members of the board.

(3) One (1) physician member of the board.

(b) Three (3) members of the addiction counselor section, two (2) of whom must be addiction counselors, constitute a quorum.

As added by P.L.122-2009, SEC.25.

IC 25-23.6-2-10Marriage and family therapist section established Sec. 10. (a) The marriage and family therapist section of the board is established. The section consists of the following:

(1) Two (2) marriage and family therapist members of the board.

(2) Two (2) consumer members of the board.

(3) One (1) physician member of the board.

(b) Three (3) members of the marriage and family therapist section, two (2) of whom must be marriage and family therapists, constitute a quorum.

As added by P.L.186-1990, SEC.9. Amended by P.L.33-1993, SEC.39; P.L.147-1997, SEC.32.

IC 25-23.6-2-10.5Mental health counselor section established Sec. 10.5. (a) The mental health counselor section of the board is established. The section consists of the following:

(1) Two (2) mental health counselor members of the board.

(2) Two (2) consumer members of the board.

(3) One (1) physician member of the board.

(b) Three (3) members of the mental health counselor section, two (2) of whom must be mental health counselors, constitute a quorum.

As added by P.L.147-1997, SEC.33.

IC 25-23.6-2-11Duties of sections of the board Sec. 11. The social worker, marriage and family therapist, mental health counselor, and addiction counselor sections of the board shall do the following:

(1) Approve continuing education courses authorized under this article.

(2) Propose rules to the board concerning the practice of the profession regulated by each section.

(3) Other duties as directed by the board.

As added by P.L.186-1990, SEC.9. Amended by P.L.33-1993, SEC.40; P.L.255-1996, SEC.20; P.L.147-1997, SEC.34; P.L.122-2009, SEC.26.

IC 25-23.6-2-12Examinations; testing company services Sec. 12. The board may utilize the services of a testing company to prepare, conduct, and score examinations.

As added by P.L.186-1990, SEC.9.

IC 25-23.6-3Chapter 3. Marriage and Family Therapists; Unlawful Practices

25-23.6-3-1Unlawful practices 25-23.6-3-2Exemptions 25-23.6-3-3Violations; penalty 25-23.6-3-4Display of license; contents of promotional material

IC 25-23.6-3-1Unlawful practices Sec. 1. (a) An individual may not:

(1) profess to be a licensed marriage and family therapist;

(2) use the title:

(A) "licensed marriage and family therapist";

(B) "marriage and family therapist"; or

(3) use any other words, letters, abbreviations, or insignia indicating or implying that the individual is a licensed marriage and family therapist; or

(4) practice marriage and family therapy for compensation;

unless the individual is licensed under IC 25-22.5, IC 25-23.6-8-1, or IC 25-33.

(b) An individual may not:

(1) profess to be a licensed marriage and family therapist associate;

(2) use the title:

(A) "licensed marriage and family therapist associate";

(B) "marriage and family therapist associate"; or

(3) use any other words, letters, abbreviations, or insignia indicating or implying that the individual is a licensed marriage and family therapist associate; or

(4) practice marriage and family therapy for compensation;

unless the individual is licensed under IC 25-22.5, IC 25-23.6-8-1.5, or IC 25-33.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.35; P.L.134-2008, SEC.36.

IC 25-23.6-3-2Exemptions Sec. 2. (a) This article may not be construed to limit the marriage and family therapy services performed by a person who does not use a title specified in this article and who is one (1) of the following:

(1) A licensed health care professional acting within the scope of the person's license.

(2) A student, an intern, or a trainee pursuing a course of study in medicine or psychology or a course of study to gain licensure under this article in an accredited eligible postsecondary educational institution or training institution if:

(A) the activities are performed under qualified supervision and constitute a part of the person's supervised course of study or other level of supervision; and

(B) the student uses a title that contains the term "intern" or "trainee".

(3) Not a resident of Indiana if the person performed services in Indiana for not more than five (5) days in any one (1) month and not more than fifteen (15) days in any one (1) calendar year and the person is authorized to perform such services under the laws of the state or country in which the person resides.

(4) A rabbi, priest, Christian Science practitioner, minister, or other member of the clergy.

(5) An employee of or a volunteer for a nonprofit corporation or an organization performing charitable, religious, or educational functions, providing pastoral counseling or other assistance.

(6) A person who provides school counseling or a person who is certified by a state or national organization that is recognized by the Indiana division of mental health and addiction and who provides counseling in the areas of alcohol or drug abuse addictions.

(b) Nothing in this section prohibits a person referred to in subsection (a) from qualifying for licensure under this article.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.36; P.L.215-2001, SEC.100; P.L.2-2007, SEC.330; P.L.134-2008, SEC.37; P.L.49-2019, SEC.2.

IC 25-23.6-3-3Violations; penalty Sec. 3. An individual who violates this chapter after July 1, 1999, commits a Class A misdemeanor.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.37.

IC 25-23.6-3-4Display of license; contents of promotional material Sec. 4. (a) An individual who is licensed as a marriage and family therapist under IC 25-23.6-8-1 shall:

(1) display the license or a clear copy of the license at each location where the marriage and family therapist regularly practices; and

(2) include the words "licensed marriage and family therapist" or the letters "LMFT" on all promotional materials, including business cards, brochures, stationery, advertisements, and signs that name the individual.

(b) An individual who is licensed as a marriage and family therapist associate under IC 25-23.6-8-1.5 shall:

(1) display the license or a clear copy of the license at each location where the marriage and family therapist associate regularly practices; and

(2) include the words "licensed marriage and family therapist associate" or the letters "LMFTA" on all promotional materials, including business cards, brochures, stationery, advertisements, and signs that name the individual.

As added by P.L.147-1997, SEC.38. Amended by P.L.134-2008, SEC.38.

IC 25-23.6-4Chapter 4. Social Workers; Unlawful Practices

25-23.6-4-1Unlawful practices 25-23.6-4-2Exemptions 25-23.6-4-3Social service designee 25-23.6-4-3.1Use of case manager or discharge planner title by nonlicensed individuals 25-23.6-4-4Violations; penalty 25-23.6-4-5Display of license; contents of promotional materials 25-23.6-4-6Permitted testimony

IC 25-23.6-4-1Unlawful practices Sec. 1. An individual may not:

(1) profess to be a social worker, licensed social worker, or licensed clinical social worker;

(2) use the title:

(A) "social worker";

(B) "licensed social worker";

(D) "clinical social worker";

(E) "psychiatric social worker"; or

(F) "psychosocial worker";

(3) use any other title containing the words "social worker", "licensed social worker", or "licensed clinical social worker";

(4) use any other words, letters, abbreviations, or insignia indicating or implying that the individual is a social worker, licensed social worker, or licensed clinical social worker; or

(5) practice as a social worker, licensed social worker, or clinical social worker for compensation;

unless the individual is licensed under this article.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.39; P.L.84-2010, SEC.55.

IC 25-23.6-4-2Exemptions Sec. 2. (a) This article may not be construed to limit the social work or clinical social work services performed by a person who does not use a title specified in this article and who is one (1) of the following:

(1) A licensed health care professional acting within the scope of the person's license.

(2) A student, an intern, or a trainee pursuing a course of study in medicine, psychology, or a course of study to gain licensure under this article in an accredited eligible postsecondary educational institution or training institution accredited by the Council on Social Work Education, or a graduate accumulating experience required for licensure if:

(A) the services are performed under qualified supervision and constitute a part of the person's supervised course of study or other level of supervision; and

(B) the student or graduate uses a title that contains the term "intern", "student", or "trainee".

(3) Not a resident of Indiana if the person performed social work in Indiana for not more than five (5) days in any one (1) month or more than fifteen (15) days in any one (1) calendar year and the person is authorized to perform such services under the laws of the state or country in which the person resides.

(4) A rabbi, priest, Christian Science practitioner, minister, or other member of the clergy.

(5) An employee or a volunteer for an organization performing charitable, religious, or educational functions, providing pastoral counseling, or other assistance.

(6) A person who provides school counseling.

(7) A governmental employee (as defined in IC 25-23.6-1-3.9).

(8) An individual providing services under a contract with the department of child services who:

(A) is employed by an organization that is nationally accredited and in good standing by the Joint Commission, Council on Accreditation, or the Commission on Accreditation of Rehabilitation Facilities;

(B) is directly supervised by a licensed individual who is:

(i) licensed under IC 25-23.6-2, as a social worker, clinical social worker, mental health counselor, mental health counselor associate, marriage and family therapist, or marriage and family therapist associate, and acting within the scope of the individual's license;

(ii) licensed as a psychologist under IC 25-33 and acting within the scope of the individual's license; or

(iii) licensed as a physician under IC 25-22.5 who is actively engaged in the practice of psychiatry and acting within the scope of the individual's license; and

(9) An individual providing services under a contract with the department of child services who:

(A) has completed a bachelor's degree in social work from:

(i) an eligible postsecondary educational institution that is accredited or approved for candidacy by the Council on Social Work Education or approved by the behavioral health and human services licensing board; or

(ii) a foreign school that has a program of study that is approved by the Foreign Equivalency Determination Service of the Council on Social Work Education; and

(B) is employed in a position for which the department of child services has specified that the job may be filled by individuals who have completed a bachelor-level degree in social work or other human services fields but do not need to be licensed.

(b) Nothing in this section prohibits a person referred to in subsection (a) from qualifying for licensure under this article.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.40; P.L.244-1999, SEC.2; P.L.215-2001, SEC.101; P.L.2-2007, SEC.331; P.L.122-2009, SEC.27; P.L.104-2015, SEC.3; P.L.192-2017, SEC.4; P.L.49-2019, SEC.3; P.L.192-2019, SEC.1; P.L.211-2019, SEC.37.

IC 25-23.6-4-3Social service designee Sec. 3. A person who is not licensed under this article may use the title "social service designee" if the person:

(1) provides or assures provision of social services in:

(A) a health facility licensed under IC 16-28;

(B) a hospital licensed under IC 16-21 or IC 12-25;

(D) a home health agency licensed under IC 16-27-1; or

(E) a community health center; and

(2) does not profess to be:

(A) a licensed social worker; or

(B) licensed under this article.

As added by P.L.186-1990, SEC.9. Amended by P.L.2-1992, SEC.777; P.L.2-1993, SEC.143; P.L.219-1993, SEC.1; P.L.147-1997, SEC.41; P.L.215-2001, SEC.102.

IC 25-23.6-4-3.1Use of case manager or discharge planner title by nonlicensed individuals Sec. 3.1. An individual who is not licensed under this article may use the titles "case manager", "discharge planner", or a related title if the individual:

(1) provides services in a hospital licensed under IC 16-21 or IC 12-25 or a community mental health center; and

(2) does not profess to be licensed under this article.

As added by P.L.147-1997, SEC.42.

IC 25-23.6-4-4Violations; penalty Sec. 4. An individual who violates this chapter after July 1, 1999, commits a Class A misdemeanor.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.43.

IC 25-23.6-4-5Display of license; contents of promotional materials Sec. 5. An individual who is licensed as a social worker or clinical social worker shall:

(1) display the license or a clear copy of the license at each location where the social worker or clinical social worker regularly practices; and

(2) include the words "licensed social worker" or "licensed clinical social worker" or the letters "LSW" or "LCSW" on all promotional materials, including business cards, brochures, stationery, advertisements, and signs that name the individual.

As added by P.L.147-1997, SEC.44.

IC 25-23.6-4-6Permitted testimony Sec. 6. A social worker licensed under this article may provide factual testimony but may not provide expert testimony.

As added by P.L.147-1997, SEC.45.

IC 25-23.6-4.5Chapter 4.5. Mental Health Counselors; Unlawful Practices

25-23.6-4.5-1Unlawful practices 25-23.6-4.5-2Exemptions 25-23.6-4.5-3Display of license; contents of promotional materials 25-23.6-4.5-4Violations; penalty

IC 25-23.6-4.5-1Unlawful practices Sec. 1. (a) An individual may not:

(1) profess to be a licensed mental health counselor;

(2) use the title:

(A) "licensed mental health counselor";

(B) "mental health counselor"; or

(3) use any other words, letters, abbreviations, or insignia indicating or implying that the individual is a licensed mental health counselor; or

(4) practice mental health counseling for compensation;

unless the individual is licensed under this article, IC 25-22.5, or IC 25-33.

(b) An individual may not:

(1) profess to be a licensed mental health counselor associate;

(2) use the title:

(A) "licensed mental health counselor associate";

(B) "mental health counselor associate"; or

(3) use any other words, letters, abbreviations, or insignia indicating or implying that the individual is a licensed mental health counselor associate; or

(4) practice mental health counseling for compensation;

unless the individual is licensed under this article, IC 25-22.5, or IC 25-33.

As added by P.L.147-1997, SEC.46. Amended by P.L.84-2010, SEC.56.

IC 25-23.6-4.5-2Exemptions Sec. 2. (a) This article may not be construed to limit the mental health counseling services performed by a person who does not use a title specified in this article and who is one (1) of the following:

(1) A licensed health care professional acting within the scope of the person's license.

(2) A student, an intern, or a trainee pursuing a course of study in medicine, psychology, or a course of study to gain licensure under this article in an accredited eligible postsecondary educational institution or training institution, or is a graduate accumulating experience required for licensure if:

(A) the services are performed under qualified supervision and constitute a part of the person's supervised course of study or other level of supervision; and

(B) the student or graduate uses a title that contains the term "intern" or "trainee".

(3) Not a resident of Indiana if the person performed the services in Indiana for not more than five (5) days in any one (1) month or fifteen (15) days within any one (1) calendar year and the person is authorized to perform such services under the laws of the state or country in which the person resides.

(4) A rabbi, priest, Christian Science practitioner, minister, or other member of the clergy.

(5) An employee or a volunteer for an organization performing charitable, religious, or educational functions, providing pastoral counseling, or providing other assistance.

(7) A governmental employee who remains in the same job classification or job family of that job classification.

(b) Nothing in this section prohibits a person referred to in subsection (a) from qualifying for licensure under this article.

As added by P.L.147-1997, SEC.46. Amended by P.L.244-1999, SEC.3; P.L.215-2001, SEC.103; P.L.2-2007, SEC.332; P.L.49-2019, SEC.4.

IC 25-23.6-4.5-3Display of license; contents of promotional materials Sec. 3. (a) An individual who is licensed as a mental health counselor shall:

(1) display the license or a clear copy of the license at each location where the mental health counselor regularly practices; and

(2) include the words "licensed mental health counselor" or the letters "LMHC" on all promotional materials, including business cards, brochures, stationery, advertisements, and signs that name the individual.

(b) An individual who is licensed as a mental health counselor associate shall:

(1) display the license or a clear copy of the license at each location where the mental health counselor associate regularly practices; and

(2) include the words "licensed mental health counselor associate" or the letters "LMHCA" on all promotional materials, including business cards, brochures, stationery, advertisements, and signs that name the individual.

As added by P.L.147-1997, SEC.46. Amended by P.L.84-2010, SEC.57.

IC 25-23.6-4.5-4Violations; penalty Sec. 4. An individual who violates this chapter after July 1, 1999, commits a Class A misdemeanor.

As added by P.L.147-1997, SEC.46.

IC 25-23.6-5Chapter 5. Social Worker Licensure

25-23.6-5-1Social worker license requirements 25-23.6-5-1.5Bachelor's degree of social worker license requirements 25-23.6-5-2Clinical social worker license requirements 25-23.6-5-3Repealed 25-23.6-5-3.1Graduate school requirements 25-23.6-5-3.5Clinical social work experience; requirements 25-23.6-5-4Examination; minimum requirements; examination in last term 25-23.6-5-5Examinations; times and places 25-23.6-5-6Issuance of license 25-23.6-5-7Repealed 25-23.6-5-8Repealed 25-23.6-5-9Duration of license; renewal 25-23.6-5-10Reinstatement of invalid license 25-23.6-5-10.5Reciprocity 25-23.6-5-11Temporary permit; requirements; expiration; renewal 25-23.6-5-11.5Temporary permit to practice social work; expiration 25-23.6-5-12Notification of retirement from practice 25-23.6-5-13Repealed 25-23.6-5-14Exemption from examination requirement 25-23.6-5-15Repealed 25-23.6-5-16Certain individuals shall be licensed as clinical social worker; conditions 25-23.6-5-17Mental health diagnosis evaluation; requirements; documentation

IC 25-23.6-5-1Social worker license requirements Sec. 1. An individual who applies for a license as a social worker must meet the following requirements:

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

(A) before July 1, 2019, has received at least a bachelor's degree in social work from:

(i) an eligible postsecondary educational institution that is accredited or approved for candidacy by the Council on Social Work Education or approved by the board; or

(ii) a foreign school that has a program of study that is approved by the Foreign Equivalency Determination Service of the Council on Social Work Education; and

has completed two (2) years of experience in the practice of social work under the supervision of a licensed social worker, a licensed clinical social worker, or an equivalent supervisor, as determined by the board, after receiving the bachelor's degree; or

(B) has a master's degree in social work from:

(i) an eligible postsecondary educational institution approved by the board; or

(ii) a foreign school that has a program of study that is approved by the Foreign Equivalency Determination Service of the Council on Social Work Education.

(2) Furnish satisfactory evidence to the board that the individual does not have a conviction for a crime that has a direct bearing on the individual's ability to practice competently.

(3) Furnish satisfactory evidence to the board that the individual has not been the subject of a disciplinary action by a licensing or certification agency of another state or jurisdiction on the grounds that the individual was not able to practice as a social worker without endangering the public.

(4) Pass an examination provided by the board.

(5) Pay the fee established by the board.

As added by P.L.186-1990, SEC.9. Amended by P.L.1-1994, SEC.126; P.L.255-1996, SEC.21; P.L.147-1997, SEC.47; P.L.2-2007, SEC.333; P.L.192-2017, SEC.5.

IC 25-23.6-5-1.5Bachelor's degree of social worker license requirements Sec. 1.5. (a) An individual who applies for a license as a bachelor's degree social worker must meet the following requirements:

(1) Furnish satisfactory evidence to the board that the individual has received a bachelor's degree in social work from:

(A) an eligible postsecondary educational institution that is accredited or approved for candidacy by the Council on Social Work Education or approved by the board; or

(B) a foreign school that has a program of study that is approved by the Foreign Equivalency Determination Service of the Council on Social Work Education.

(2) Furnish satisfactory evidence to the board that the individual does not have a conviction for a crime that has a direct bearing on the individual's ability to practice competently.

(4) Pass an examination provided by the board.

(5) Pay the fee established by the board.

(b) An individual who applies for a license as a bachelor's degree social worker under this article is exempt from the examination requirement under subsection (a)(4) if the individual does the following:

(1) Furnishes satisfactory evidence to the board that the individual has received a bachelor's degree in social work from:

(A) an eligible postsecondary educational institution that is accredited or approved for candidacy by the council on social work education or approved by the board; or

(B) a foreign school that has a program of study that is approved by the foreign equivalency determination service of the council on social work education.

(2) Furnishes satisfactory evidence to the board that the individual does not have a conviction for a crime that has a direct bearing on the individual's ability to practice competently.

(3) Furnishes satisfactory evidence to the board that the individual has not been the subject of a disciplinary action by a licensing or certification agency of another state or jurisdiction on the grounds that the individual was not able to practice as a social worker without endangering the public.

(4) Has at least two (2) years of experience in behavioral health and human services.

(5) Files an initial application to the board before July 1, 2018.

(6) Pays the fee established by the board.

(c) An individual with a master's degree in social work is not eligible to apply for a license as a bachelor's degree social worker.

(d) Employment and supervision hours earned under a bachelor's degree social worker license may not be counted toward the requirements for eligibility as a licensed clinical social worker.

As added by P.L.192-2017, SEC.6.

IC 25-23.6-5-2Clinical social worker license requirements Sec. 2. An individual who applies for a license as a clinical social worker must meet the following requirements:

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

(A) a doctoral degree in social work from an eligible postsecondary educational institution that at the time of graduation was accredited by an accrediting agency recognized by the United States Department of Education; or

(B) at least a master's degree in social work from:

(i) an eligible postsecondary educational institution accredited or approved for candidacy by the Council on Social Work Education; or

(ii) a foreign school that has a program of study accredited by the Canadian Association of Schools of Social Work or a program equivalent to a program approved by the Council on Social Work Education by the Foreign Equivalency Determination Service of the Council on Social Work Education.

The graduate program under this subdivision must have emphasized direct clinical or client health services as provided under section 3.1 of this chapter.

(2) Meet the clinical social work experience requirements under section 3.5 of this chapter.

(3) Furnish satisfactory evidence to the board that the individual does not have a conviction for a crime that has a direct bearing on the individual's ability to practice competently.

(4) Furnish satisfactory evidence to the board that the individual has not been the subject of a disciplinary action by a licensing or certification agency of another state or jurisdiction on the grounds that the individual was not able to practice as a social worker or clinical social worker without endangering the public.

(5) Pass an examination provided by the board.

(6) Pay a fee established by the board.

As added by P.L.186-1990, SEC.9. Amended by P.L.33-1993, SEC.41; P.L.255-1996, SEC.22; P.L.147-1997, SEC.48; P.L.2-2007, SEC.334.

IC 25-23.6-5-3RepealedAs added by P.L.186-1990, SEC.9. Repealed by P.L.147-1997, SEC.75.

IC 25-23.6-5-3.1Graduate school requirements Sec. 3.1. (a) Except as provided in subsection (b), a graduate program is considered to have emphasized direct clinical patient or clinic health care services if the graduate program meets the following requirements:

(1) Required course work in clinical social work and related areas such as psychiatric social work, medical social work, social case work, case management, psychotherapy, group therapy, and any other course work accepted by the board.

(2) Required supervised field placement that was part of the applicant's advanced concentration in direct practice, during which the applicant provided clinical services directly to clients.

(b) An applicant who graduated from a graduate program that did not emphasize direct patient or client services may complete the clinical curriculum requirement by returning to a graduate program allowed under section 2(1)(B) of this chapter to complete the education requirements.

(c) Course work that was taken at a baccalaureate level does not meet the requirements under this section unless an official of the graduate program certifies that the specific course, which a student enrolled in the same graduate program was ordinarily required to complete at the graduate level, was waived or exempted based on completion of a similar course at the baccalaureate level.

As added by P.L.147-1997, SEC.49. Amended by P.L.149-2022, SEC.3; P.L.23-2026, SEC.253.

IC 25-23.6-5-3.5Clinical social work experience; requirements Sec. 3.5. (a) For purposes of this section, "virtual supervision" means supervision of an applicant for a license as a clinical social worker by a qualified supervisor through an electronic platform that provides for synchronous visual and audio interaction in real time, and which is compliant with the federal Health Insurance Portability and Accountability Act (HIPAA). Virtual supervision does not include telephone calls, electronic mail, or text messages.

(b) The applicant for a license as a clinical social worker must have at least two (2) years of clinical social work experience after receiving a graduate degree in social work and under the supervision of a qualified supervisor as determined by the board.

(c) If an individual is obtaining the clinical social work experience described in subsection (b) in Indiana, the individual must be licensed as a social worker under section 1 of this chapter.

(d) A doctoral internship may be applied toward the supervised clinical social work experience requirement.

(e) Except as provided in subsection (f), the clinical social work experience requirement may be met by work performed at or away from the premises of the qualified supervisor.

(f) Except as provided in subsection (h), the clinical social work requirement may not be performed away from the qualified supervisor's premises if:

(1) the work is the independent private practice of clinical social work; and

(2) the work is not performed at a place with the supervision of a qualified supervisor available.

(g) Any supervised clinical social work experience hours that an applicant accumulates under this chapter after being licensed as a social worker under section 1 of this chapter do not expire and may be used by the applicant to satisfy the supervised clinical social work experience requirements under this chapter.

(h) Up to one hundred percent (100%) of the supervised clinical social work experience hours required under subsection (b) may be accounted for through virtual supervision by a qualified supervisor described in subsection (b).

(i) After obtaining a temporary permit under section 11.5 of this chapter, any supervised clinical social work experience hours that an applicant accumulates under this chapter before the temporary permit expires may be used by the applicant to satisfy the supervised clinical social work experience requirements under this chapter during the following time after the applicant obtained the temporary permit:

(1) For not more than four (4) years.

(2) After the four (4) year period, if approved by the board.

As added by P.L.147-1997, SEC.50. Amended by P.L.177-2009, SEC.45; P.L.192-2017, SEC.7; P.L.160-2018, SEC.1; P.L.195-2018, SEC.11; P.L.215-2018(ss), SEC.12; P.L.83-2024, SEC.15.

IC 25-23.6-5-4Examination; minimum requirements; examination in last term Sec. 4. (a) As used in this section, "term" refers to an academic semester, trimester, or quarter.

(b) An individual who satisfies the requirements of section 1 or 2 of this chapter may take the examination provided by the board.

(1) is enrolled in the last term of the last year of a program leading to a degree that meets the requirements of:

(A) section 1(1) of this chapter; or

(B) section 1.5(a)(1) of this chapter; and

(2) provides a letter of good standing from the director of the social work department or the director's designee;

may take the examination provided by the board for a license as a social worker.

(d) A letter of good standing provided under subsection (c)(2) by an individual who applies for a license as a social worker must include the following information:

(1) The individual's first and last name.

(2) The type of degree and program in which the individual is enrolled.

(3) A statement confirming that the individual is currently in the final term of the program.

(4) The anticipated date of completion of the program.

(5) A statement confirming that the individual is in good academic standing.

As added by P.L.186-1990, SEC.9. Amended by P.L.11-2023, SEC.81; P.L.83-2024, SEC.16; P.L.130-2025, SEC.1.

IC 25-23.6-5-5Examinations; times and places Sec. 5. The board shall provide for examinations to be given at least once annually at times and places established by the board.

As added by P.L.186-1990, SEC.9.

IC 25-23.6-5-6Issuance of license Sec. 6. The board shall issue a license to an individual who:

(1) achieves a passing score, as determined by the board, on the examination provided under this chapter; and

(2) is otherwise qualified under this article.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.51.

IC 25-23.6-5-7RepealedAs added by P.L.186-1990, SEC.9. Repealed by P.L.33-1993, SEC.74.

IC 25-23.6-5-8RepealedAs added by P.L.186-1990, SEC.9. Repealed by P.L.33-1993, SEC.74.

IC 25-23.6-5-9Duration of license; renewal Sec. 9. (a) Subject to IC 25-1-2-6(e), a license issued by the board is valid for the remainder of the renewal period in effect on the date the license was issued.

(b) An individual may renew a license by:

(1) paying a renewal fee on or before the expiration date of the license; and

(2) completing not less than twenty (20) hours of continuing education per licensure year.

(c) If an individual fails to pay a renewal fee on or before the expiration date of a license, the license becomes invalid.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.52; P.L.177-2015, SEC.53.

IC 25-23.6-5-10Reinstatement of invalid license Sec. 10. (a) The board may reinstate an invalid license up to three (3) years after the expiration date of the license if the individual holding the invalid license meets the requirements under IC 25-1-8-6.

(b) If more than three (3) years have elapsed since the date a license expired, the individual holding the license may renew the license by satisfying the requirements for renewal established by the board and meeting the requirements under IC 25-1-8-6.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.53; P.L.269-2001, SEC.21.

IC 25-23.6-5-10.5Reciprocity Sec. 10.5. The board shall issue a license to an individual to be a bachelor's degree social worker, social worker, or clinical social worker, not more than thirty (30) days after the application is filed and completed, if the individual:

(1) has a valid license or certificate to practice from another state or jurisdiction;

(2) has passed an examination substantially equivalent to the level for which licensure is being requested;

(3) does not have a pending disciplinary proceeding in another state; and

(4) pays a fee.

As added by P.L.192-2017, SEC.8. Amended by P.L.149-2022, SEC.4.

IC 25-23.6-5-11Temporary permit; requirements; expiration; renewal Sec. 11. (a) The board may issue a temporary permit to an individual to profess to be a clinical social worker if the individual pays a fee and the individual.

(1) has a valid license or certificate to practice from another state and the individual has passed an examination substantially equivalent to the level for which licensure is being requested;

(2) is practicing in a state that does not license or certify social workers or clinical social workers, but is certified by a national association approved by the board and the individual has applied for a license from the board; or

(3) has been approved by the board to take the examination and has graduated from a school or program approved by the board and the individual has completed any experience requirement.

(b) A temporary permit expires the earlier of:

(1) the date the individual holding the permit is issued a license under this article;

(2) the date the board disapproves the individual's license application; or

(3) one hundred eighty (180) days after the initial permit is issued.

(c) The board may renew a temporary permit if the individual holding the permit was scheduled to take the next examination and the individual:

(1) did not take the examination; and

(2) shows good cause for not taking the examination.

(d) A permit renewed under subsection (c) expires on the date the individual holding the permit receives the results from the next examination given after the permit was issued, and may not be extended if the applicant has failed the examination.

As added by P.L.186-1990, SEC.9. Amended by P.L.255-1996, SEC.23; P.L.147-1997, SEC.54; P.L.195-2018, SEC.12.

IC 25-23.6-5-11.5Temporary permit to practice social work; expiration Sec. 11.5. (a) The board shall issue a temporary permit to practice social work to an individual who:

(1) meets the educational requirements for a license as a social worker; and

(2) pays a fee for the temporary permit set by the board.

(b) The board shall issue a temporary permit to practice bachelor's degree social work to an individual who:

(1) meets the educational requirements for a license as a bachelor's degree social worker; and

(2) pays a fee for the temporary permit set by the board.

(c) A temporary permit issued under this section expires one (1) year after the date the permit is issued, without regard to the number of times the individual passes or fails the required examination to become a licensed social worker or a licensed bachelor's degree social worker. The temporary permit may not be renewed.

As added by P.L.195-2018, SEC.13. Amended by P.L.192-2019, SEC.2.

IC 25-23.6-5-12Notification of retirement from practice Sec. 12. (a) An individual who is licensed under this article shall notify the board in writing when the individual retires from practice.

(b) Upon receipt of the notice, the board shall:

(1) record the fact the individual is retired; and

(2) release the individual from further payment of renewal fees and continuing education requirements.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.55.

IC 25-23.6-5-13RepealedAs added by P.L.186-1990, SEC.9. Repealed by P.L.33-1993, SEC.74.

IC 25-23.6-5-14Exemption from examination requirement Sec. 14. An individual who applies for a license under this article may be exempted by the board from the examination requirement under this chapter if the individual:

(1) is licensed or certified to practice as a social worker or clinical social worker in another state and has passed an examination substantially equivalent to the level for which the individual is requesting licensure;

(2) has engaged in the practice of social work or the practice of clinical social work for not less than three (3) of the previous five (5) years;

(3) has passed a licensing examination substantially equivalent to the licensing examination under this article;

(4) has passed an examination pertaining to the social work and clinical social work laws and rules of this state; and

(5) has not committed any act or is not under investigation for any act that constitutes a violation of this article;

and is otherwise qualified under section 1 or 2 of this chapter and pays an additional fee.

As added by P.L.186-1990, SEC.9. Amended by P.L.255-1996, SEC.24; P.L.147-1997, SEC.56; P.L.11-2023, SEC.82.

IC 25-23.6-5-15RepealedAs added by P.L.186-1990, SEC.9. Repealed by P.L.33-1993, SEC.74.

IC 25-23.6-5-16Certain individuals shall be licensed as clinical social worker; conditions Sec. 16. If an individual is enrolled in a master's or doctoral level program accredited by the Council on Social Work Education not later than July 1, 1997:

(1) the individual may complete the requirements for certification as a clinical social worker under this article as those requirements existed on June 30, 1997; and

(2) the board shall license the individual as a clinical social worker.

As added by P.L.220-2011, SEC.409.

IC 25-23.6-5-17Mental health diagnosis evaluation; requirements; documentation Sec. 17. (a) This section applies if an individual licensed under this chapter performs an evaluation to determine a mental health diagnosis of a patient and determines that the patient either:

(1) has not seen:

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

(B) an advanced practice registered nurse licensed under IC 25-23; or

within the previous twelve (12) months; or

(2) may have a physical condition that requires medical attention.

(b) The individual performing the evaluation shall do the following:

(1) Advise the patient to schedule, and offer to assist the patient with the scheduling of, a physical examination at the earliest opportunity with:

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

(B) an advanced practice registered nurse licensed under IC 25-23; or

(2) Provide the patient with a list of practitioners specified in subdivision (1) that the patient may contact to schedule a physical examination, including the:

(A) name;

(B) address; and

of the practitioners.

(3) Coordinate patient care as appropriate with the practitioner who is providing physical medical care to the patient, unless the patient has declined to consent to the coordination of care.

(c) An individual performing the evaluation shall document all actions taken under subsection (b) in the patient's medical record.

As added by P.L.138-2021, SEC.6.

IC 25-23.6-6Chapter 6. Privileged Communications

25-23.6-6-1Matters related in official capacity; exceptions to privilege

IC 25-23.6-6-1Matters related in official capacity; exceptions to privilege Sec. 1. Matters communicated to a counselor in the counselor's official capacity by a client are privileged information and may not be disclosed by the counselor to any person, except under the following circumstances:

(1) In a criminal proceeding involving a homicide if the disclosure relates directly to the fact or immediate circumstances of the homicide.

(2) If the communication reveals the contemplation or commission of a crime or a serious harmful act.

(3) If:

(A) the client is an unemancipated minor or an adult adjudicated to be incompetent; and

(B) the information communicated to the counselor indicates the client was the victim of abuse or a crime.

(4) In a proceeding to determine mental competency, or a proceeding in which a defense of mental incompetency is raised.

(5) In a civil or criminal malpractice action against the counselor.

(6) If the counselor has the express consent of:

(A) the client; or

(B) in the case of a client's death or disability, the express consent of the client's legal representative.

(7) To a physician if the physician is licensed under IC 25-22.5 and has established a physician-patient relationship with the client.

(8) Circumstances under which privileged communication is abrogated under Indiana law.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.57.

IC 25-23.6-7Chapter 7. Disclosure of Educational Background

25-23.6-7-1Application of chapter 25-23.6-7-2School counselors; application of chapter 25-23.6-7-3Pastoral counseling; application of chapter 25-23.6-7-4"Counseling services" defined 25-23.6-7-5"Counselor" defined 25-23.6-7-6Disclosure of counselor's educational background 25-23.6-7-7Violations; penalty

IC 25-23.6-7-1Application of chapter Sec. 1. (a) This chapter applies to an individual licensed under this article.

(b) This chapter does not apply to:

(1) physicians licensed under IC 25-22.5;

(2) nurses licensed under IC 25-23;

(3) psychologists licensed under IC 25-33; or

(4) attorneys licensed to practice law in Indiana;

when providing counseling services within the scope of practice for which they are licensed.

As added by P.L.186-1990, SEC.9. Amended by P.L.140-1993, SEC.5; P.L.147-1997, SEC.58.

IC 25-23.6-7-2School counselors; application of chapter Sec. 2. This chapter does not apply to school counselors who provide counseling services at the following:

(1) An elementary or secondary school accredited by the state board of education.

(2) A state educational institution.

As added by P.L.186-1990, SEC.9. Amended by P.L.2-2007, SEC.335.

IC 25-23.6-7-3Pastoral counseling; application of chapter Sec. 3. This chapter does not apply to a minister, a volunteer, or an employee of a nonprofit organization performing charitable, religious, or educational assistance or giving pastoral counseling.

As added by P.L.186-1990, SEC.9.

IC 25-23.6-7-4"Counseling services" defined Sec. 4. As used in this chapter, "counseling services" means evaluating, treating, or giving advice to, on a fee-for-services, prepaid, or other compensatory basis:

(1) an individual with a mental, an emotional, or a substance abuse problem; or

(2) an individual who seeks instruction in behavior modification, advice concerning interpersonal relationships, or advice concerning problems of daily living, including smoking habits, weight loss, and nutrition.

As added by P.L.186-1990, SEC.9.

IC 25-23.6-7-5"Counselor" defined Sec. 5. As used in this chapter, "counselor" means an individual licensed under this article who provides counseling services on a fee-for-services, prepaid, or other compensatory basis.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.59.

IC 25-23.6-7-6Disclosure of counselor's educational background Sec. 6. Before providing counseling services, a counselor shall disclose to the person to whom counseling services are provided the counselor's educational background in the field of counseling, including the following:

(1) Whether the counselor has a degree in counseling or a related field.

(2) The type of degree issued and the eligible postsecondary educational institution that issued the degree.

As added by P.L.186-1990, SEC.9. Amended by P.L.2-2007, SEC.336.

IC 25-23.6-7-7Violations; penalty Sec. 7. A person who violates section 6 of this chapter or who provides false information or documents under this chapter commits a Class A misdemeanor.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.60.

IC 25-23.6-8Chapter 8. Marriage and Family Therapist Licensure

25-23.6-8-1Application for marriage and family therapist license; requirements 25-23.6-8-1.5Application for marriage and family therapist associate license; requirements; temporary permit 25-23.6-8-1.7Doctoral program; associate license; clinical experience 25-23.6-8-2Repealed 25-23.6-8-2.1Requirements for institution attended by applicant 25-23.6-8-2.5Educational requirements 25-23.6-8-2.7Examination; clinical experience requirement 25-23.6-8-3Examination; minimum requirements; examination in last term 25-23.6-8-4Examinations; times and places 25-23.6-8-5Issuance of license 25-23.6-8-6Repealed 25-23.6-8-7Repealed 25-23.6-8-8Duration of marriage and family therapist license; renewal 25-23.6-8-8.5Duration of marriage and family therapist associate license; renewal 25-23.6-8-9Reinstatement of invalid license 25-23.6-8-9.5Reciprocity for marriage and family therapists 25-23.6-8-10Temporary permit; requirements; expiration; renewal 25-23.6-8-11Notification of retirement from practice 25-23.6-8-12Repealed 25-23.6-8-13Exemption from examination requirement 25-23.6-8-14Repealed 25-23.6-8-15Mental health diagnosis evaluation; requirements; documentation

IC 25-23.6-8-1Application for marriage and family therapist license; requirements Sec. 1. An individual who applies for a license as a marriage and family therapist must meet the following requirements:

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

(A) received a master's or doctor's degree in marriage and family therapy, or in a related area as determined by the board from an eligible postsecondary educational institution that meets the requirements under section 2.1(a)(1) of this chapter or from a foreign school that has a program of study that meets the requirements under section 2.1(a)(2) or 2.1(a)(3) of this chapter; and

(B) completed the educational requirements under section 2.5 of this chapter.

(2) Furnish satisfactory evidence to the board that the individual has met the clinical experience requirements under section 2.7 of this chapter.

(3) Furnish satisfactory evidence to the board that the individual:

(A) except as provided in section 1.7 of this chapter, holds a marriage and family therapist associate license, in good standing, issued under section 5 of this chapter; or

(B) is licensed or certified to practice as a marriage and family therapist in another state and is otherwise qualified under this chapter.

(4) Furnish satisfactory evidence to the board that the individual does not have a conviction for a crime that has a direct bearing on the individual's ability to practice competently.

(5) Furnish satisfactory evidence to the board that the individual has not been the subject of a disciplinary action by a licensing or certification agency of another state or jurisdiction on the grounds that the individual was not able to practice as a marriage and family therapist without endangering the public.

(6) Pay the fee established by the board.

As added by P.L.186-1990, SEC.9. Amended by P.L.33-1993, SEC.42; P.L.147-1997, SEC.61; P.L.2-2007, SEC.337; P.L.134-2008, SEC.39; P.L.177-2009, SEC.46; P.L.1-2025, SEC.215.

IC 25-23.6-8-1.5Application for marriage and family therapist associate license; requirements; temporary permit Sec. 1.5. (a) An individual who applies for a license as a marriage and family therapist associate must meet the following requirements:

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

(A) received a master's or doctor's degree in marriage and family therapy, or in a related area as determined by the board from an institution of higher education that meets the requirements under section 2.1(a)(1) of this chapter or from a foreign school that has a program of study that meets the requirements under section 2.1(a)(2) or 2.1(a)(3) of this chapter; and

(B) completed the educational requirements under section 2.5 of this chapter.

(2) Furnish satisfactory evidence to the board that the individual does not have a conviction for a crime that has a direct bearing on the individual's ability to practice competently.

(4) Pay the fee established by the board.

(5) Pass an examination provided by the board.

(b) The board shall issue an associate temporary permit to practice marriage and family therapy to an individual who:

(1) meets the educational requirements for a license as a marriage and family therapist;

(2) is pursuing the required clinical supervisory hours for a license as a marriage and family therapist; and

(3) pays a fee for the temporary permit set by the board.

An associate temporary permit issued under this subsection expires one (1) year after the date the permit is issued, without regard to the number of times the individual passes or fails the required examination to become a licensed marriage and family therapist. The temporary permit may not be renewed.

As added by P.L.134-2008, SEC.40. Amended by P.L.195-2018, SEC.14.

IC 25-23.6-8-1.7Doctoral program; associate license; clinical experience Sec. 1.7. An individual who receives a master's degree and enters a doctoral program may do either of the following:

(1) Apply for a marriage and family therapist associate license under section 1.5 of this chapter by meeting the requirements of this chapter.

(2) Elect not to apply for a marriage and family therapist associate license under section 1.5 of this chapter, accrue the clinical experience required under section 2.7(b) of this chapter, and apply for a marriage and family therapist license at the conclusion of the doctoral program.

As added by P.L.177-2009, SEC.47. Amended by P.L.83-2024, SEC.17; P.L.130-2025, SEC.2.

IC 25-23.6-8-2RepealedAs added by P.L.186-1990, SEC.9. Repealed by P.L.147-1997, SEC.75.

IC 25-23.6-8-2.1Requirements for institution attended by applicant Sec. 2.1. (a) An applicant for a license as a marriage and family therapist under section 1 of this chapter or an applicant for a license as a marriage and family therapist associate under section 1.5 of this chapter must have received a master's or doctor's degree in marriage and family therapy, or in a related area as determined by the board, from an eligible postsecondary educational institution that meets the following requirements:

(1) If the institution was located in the United States or a territory of the United States, at the time of the applicant's graduation the institution was accredited by a regional accrediting body recognized by the Commission on Recognition of Postsecondary Accreditation.

(2) If the institution was located in Canada, at the time of the applicant's graduation the institution was a member in good standing with the Association of Universities and Colleges of Canada.

(3) If the institution was located in a foreign country other than Canada, at the time of the applicant's graduation the institution:

(A) was recognized by the government of the country where the school was located as a program to train in the practice of marriage and family therapy or psychotherapy; and

(B) maintained a standard of training substantially equivalent to the standards of institutions accredited by a regional accrediting body recognized by the Commission on Recognition of Postsecondary Accreditation.

(b) An applicant for a license as a marriage and family therapist under section 1 of this chapter or an applicant for a license as a marriage and family therapist associate under section 1.5 of this chapter who has a master's or doctoral degree from a program that did not emphasize marriage and family therapy may complete the course work requirement from an institution that is:

(1) accredited by the Commission on Accreditation for Marriage and Family Therapy Education; and

(2) recognized by the United States Department of Education.

As added by P.L.147-1997, SEC.62. Amended by P.L.2-2007, SEC.338; P.L.134-2008, SEC.41.

IC 25-23.6-8-2.5Educational requirements Sec. 2.5. (a) An applicant for a license as a marriage and family therapist under section 1 of this chapter or an applicant for a license as a marriage and family therapist associate under section 1.5 of this chapter must complete the following educational requirements:

(1) Except as provided in subsection (b), graduate course work that must include graduate level course credits with material in at least the following content areas:

(A) Theoretical foundations of marriage and family therapy.

(B) Major models of marriage and family therapy.

(D) Family development and family relationships.

(E) Clinical problems.

(F) Collaboration with other disciplines.

(G) Sexuality.

(H) Gender and sexual orientation.

(I) Issues of ethnicity, race, socioeconomic status, and culture.

(J) Therapy techniques.

(K) Behavioral research that focuses on the interpretation and application of research data as it applies to clinical practice.

The content areas may be combined into any one (1) graduate level course.

(2) Graduate course work in the following areas:

(A) Legal, ethical, and professional standards issues in the practice of marriage and family therapy or an equivalent course approved by the board.

(B) Appraisal and assessment for individual or interpersonal disorder or dysfunction.

(3) At least one (1) supervised clinical practicum, internship, or field experience in a marriage and family counseling setting that meets the following requirements:

(A) The applicant provided during at least twelve (12) months of clinical practice, at least three hundred (300) face to face client contact hours, of which at least one hundred (100) hours must be relational, under the supervision of a licensed marriage and family therapist who has at least five (5) years of experience or a qualified supervisor approved by the board.

(B) The applicant received one hundred (100) hours of supervision from a licensed marriage and family therapist who has at least five (5) years experience as a qualified supervisor.

The requirements under clauses (A) and (B) may be met by a supervised practice experience that took place away from an institution of higher education but that is certified by an official of the eligible postsecondary educational institution as being equivalent to a graduate level practicum or internship program at an institution accredited by an accrediting agency approved by the United States Department of Education Commission on Recognition of Postsecondary Education, the Association of Universities and Colleges of Canada, or the Commission on Accreditation for Marriage and Family Therapy Education.

(b) The following graduate work may not be used to satisfy the content area requirements under subsection (a):

(1) Thesis or dissertation work.

(2) Practicums, internships, or fieldwork.

As added by P.L.147-1997, SEC.63. Amended by P.L.2-2007, SEC.339; P.L.134-2008, SEC.42; P.L.160-2018, SEC.2; P.L.49-2019, SEC.5; P.L.149-2022, SEC.5; P.L.15-2023, SEC.1.

IC 25-23.6-8-2.7Examination; clinical experience requirement Sec. 2.7. (a) For purposes of this section, "virtual supervision" means supervision of an applicant for a license as a marriage and family therapist by a qualified supervisor through an electronic platform that provides for synchronous visual and audio interaction in real time, and which is compliant with the federal Health Insurance Portability and Accountability Act (HIPAA). Virtual supervision does not include telephone calls, electronic mail, or text messages.

(b) An applicant for a license as a marriage and family therapist under section 1 of this chapter must have at least two (2) years of postdegree clinical experience, during which at least fifty percent (50%) of the applicant's clients were receiving marriage and family therapy services. The applicant's clinical experience must include one thousand (1,000) hours of postdegree clinical experience and two hundred (200) hours of postdegree clinical supervision, of which one hundred (100) hours must be individual supervision, under the supervision of a licensed marriage and family therapist who has at least five (5) years of experience or an equivalent supervisor, as determined by the board.

(c) Except as provided in section 1.7 of this chapter, if an individual is obtaining the postdegree clinical experience described in subsection (b) in Indiana, the individual must be licensed as a marriage and family therapist associate under section 1.5 of this chapter.

(d) When obtaining the clinical experience required under subsection (b), the applicant must provide direct individual, group, and family therapy and counseling to the following categories of cases:

(1) Unmarried romantic relationships and relational systems.

(2) Married couples.

(3) Separating or divorcing couples.

(4) Family systems and groupings, including children and minors.

(e) A doctoral internship may be applied toward the supervised work experience requirement.

(f) Except as provided in subsection (g), the experience requirement may be met by work performed at or away from the premises of the supervising marriage and family therapist.

(g) Except as provided in subsection (h), the work requirement may not be performed away from the supervising marriage and family therapist's premises if:

(1) the work is the independent private practice of marriage and family therapy; and

(2) the work is not performed at a place that has the supervision of a licensed marriage and family therapist or an equivalent supervisor, as determined by the board.

(h) Up to one hundred percent (100%) of the supervised postdegree clinical experience hours required under subsection (b) may be accounted for through virtual supervision by a licensed marriage and family therapist or equivalent supervisor described in subsection (b).

(i) Any supervised postdegree clinical experience hours that an applicant accumulates under this chapter after being licensed as a marriage and family therapist associate under section 1.5 of this chapter do not expire and may be used by the applicant to satisfy the supervised postdegree clinical experience requirements under this chapter.

(j) After obtaining a temporary permit under section 1.5 of this chapter, any supervised postdegree clinical experience hours that an applicant accumulates under this chapter before the temporary permit expires may be used by the applicant to satisfy the supervised postdegree experience requirements under this chapter.

As added by P.L.147-1997, SEC.64. Amended by P.L.197-2007, SEC.85; P.L.134-2008, SEC.43; P.L.177-2009, SEC.48; P.L.28-2012, SEC.24; P.L.160-2018, SEC.3; P.L.83-2024, SEC.18; P.L.1-2025, SEC.216; P.L.130-2025, SEC.3.

IC 25-23.6-8-3Examination; minimum requirements; examination in last term Sec. 3. (a) As used in this section, "term" refers to an academic semester, trimester, or quarter.

(b) An individual who satisfies the requirements of section 1.5(a)(1) through 1.5(a)(4) of this chapter may take the examination provided by the board.

(1) is enrolled in the last term of the last year of a program leading to a degree that meets the requirements of section 1.5(a)(1) of this chapter; and

(2) provides a letter of good standing from the director of the marriage and family therapy department or the director's designee;

may take the examination provided by the board for a license as a marriage and family therapist associate.

(d) A letter of good standing provided under subsection (c)(2) by an individual who applies for a license as a marriage and family therapist associate must include the following information:

(1) The individual's first and last name.

(2) The type of degree and program in which the individual is enrolled.

(3) A statement confirming that the individual is currently in the final term of the program.

(4) The anticipated date of completion of the program.

(5) A statement confirming that the individual is in good academic standing.

As added by P.L.186-1990, SEC.9. Amended by P.L.134-2008, SEC.44; P.L.10-2019, SEC.112; P.L.83-2024, SEC.19.

IC 25-23.6-8-4Examinations; times and places Sec. 4. The board shall provide for examinations to be given at least once annually at times and places established by the board.

As added by P.L.186-1990, SEC.9.

IC 25-23.6-8-5Issuance of license Sec. 5. The board shall issue a marriage and family therapist license or marriage and family therapist associate license, as appropriate, to an individual who:

(1) achieves a passing score, as determined by the board, on the examination provided under this chapter; and

(2) is otherwise qualified under this article.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.65; P.L.134-2008, SEC.45.

IC 25-23.6-8-6RepealedAs added by P.L.186-1990, SEC.9. Repealed by P.L.33-1993, SEC.74.

IC 25-23.6-8-7RepealedAs added by P.L.186-1990, SEC.9. Repealed by P.L.33-1993, SEC.74.

IC 25-23.6-8-8Duration of marriage and family therapist license; renewal Sec. 8. (a) Subject to IC 25-1-2-6(e), a marriage and family therapist license issued by the board is valid for the remainder of the renewal period in effect on the date the license was issued.

(b) An individual may renew a marriage and family therapist license by:

(1) paying a renewal fee on or before the expiration date of the license; and

(2) completing not less than fifteen (15) hours of continuing education each licensure year.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.66; P.L.134-2008, SEC.46; P.L.177-2015, SEC.54.

IC 25-23.6-8-8.5Duration of marriage and family therapist associate license; renewal Sec. 8.5. (a) Subject to IC 25-1-2-6(e), a marriage and family therapist associate license issued by the board is valid for the remainder of the renewal period in effect on the date the license was issued.

(b) An individual may renew a marriage and family therapist associate license two (2) times by:

(1) paying a renewal fee on or before the expiration date of the license; and

(2) completing at least fifteen (15) hours of continuing education each licensure year.

(c) The board may renew a marriage and family therapist associate license for additional periods based on circumstances determined by the board.

(d) If an individual fails to pay a renewal fee on or before the expiration date of a license, the license becomes invalid.

As added by P.L.134-2008, SEC.47. Amended by P.L.177-2015, SEC.55.

IC 25-23.6-8-9Reinstatement of invalid license Sec. 9. (a) The board may reinstate an invalid marriage and family therapist license issued under section 5 of this chapter up to three (3) years after the expiration date of the license if the individual holding the invalid license meets the requirements under IC 25-1-8-6.

(b) If more than three (3) years have elapsed since the date a marriage and family therapist license expired, the individual holding the license may renew the license by satisfying the requirements for renewal established by the board and meeting the requirements under IC 25-1-8-6.

(c) The board may reinstate an invalid marriage and family therapist associate license issued under section 5 of this chapter up to one (1) year after the expiration date of the license if the individual holding the invalid license meets the requirements under IC 25-1-8-6. An associate license that has been expired for more than one (1) year may not be reinstated under IC 25-1-8-6.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.67; P.L.2-1998, SEC.68; P.L.269-2001, SEC.22; P.L.134-2008, SEC.48.

IC 25-23.6-8-9.5Reciprocity for marriage and family therapists Sec. 9.5. The board shall issue a license to an individual to be a marriage and family therapist, not more than thirty (30) days after the application is filed and completed, if the individual:

(1) has a valid license or certificate to practice from another state or jurisdiction;

(2) has passed an examination substantially equivalent to the level for which licensure is being requested;

(3) does not have a pending disciplinary proceeding in another state; and

(4) pays a fee.

As added by P.L.225-2017, SEC.4. Amended by P.L.149-2022, SEC.6.

IC 25-23.6-8-10Temporary permit; requirements; expiration; renewal Sec. 10. (a) The board may issue a temporary permit to an individual to profess to be a marriage and family therapist if the individual pays a fee and the individual:

(1) has a valid license or certificate to practice from another state and the individual has applied for a license from the board;

(2) is practicing in a state that does not license or certify marriage and family therapists, but is certified by a national association approved by the board and the individual has applied for a license from the board; or

(3) has been approved by the board to take the examination and has graduated from a school or program approved by the board and the individual has completed any experience requirement.

(b) A temporary permit expires the earlier of:

(1) the date the individual holding the permit is issued a license under this article;

(2) the date the board disapproves the individual's license application; or

(3) one hundred eighty (180) days after the initial permit is issued.

(c) The board may renew a temporary permit if the individual holding the permit was scheduled to take the next examination and the individual:

(1) did not take the examination; and

(2) shows good cause for not taking the examination.

(d) A permit renewed under subsection (c) expires on the date the individual holding the permit receives the results from the next examination given after the permit was issued.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.68.

IC 25-23.6-8-11Notification of retirement from practice Sec. 11. (a) An individual who is licensed as a marriage and family therapist under this chapter shall notify the board in writing when the individual retires from practice.

(b) Upon receipt of the notice, the board shall:

(1) record the fact the individual is retired; and

(2) release the individual from further payment of renewal fees and continuing education requirements.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.69; P.L.134-2008, SEC.49.

IC 25-23.6-8-12RepealedAs added by P.L.186-1990, SEC.9. Repealed by P.L.33-1993, SEC.74.

IC 25-23.6-8-13Exemption from examination requirement Sec. 13. (a) An individual who applies for a marriage and family therapist associate license under section 1.5 of this chapter may be exempted by the board from the examination requirement under this chapter if the individual:

(1) complies with subsection (b); and

(2) is licensed or certified to practice as a marriage and family therapist in another state or has engaged in the practice of marriage and family therapy for at least three (3) of the previous five (5) years.

(b) An individual may be exempted under subsection (a) if the individual:

(1) has passed a licensing examination substantially equivalent to the licensing examination required under this article;

(2) has passed an examination pertaining to the marriage and family therapy laws and rules of this state; and

(3) has not committed any act or is not under investigation for any act that constitutes a violation of this article;

and is otherwise qualified under section 1.5 of this chapter and pays an additional fee.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.70; P.L.134-2008, SEC.50; P.L.109-2015, SEC.45.

IC 25-23.6-8-14RepealedAs added by P.L.186-1990, SEC.9. Repealed by P.L.33-1993, SEC.74.

IC 25-23.6-8-15Mental health diagnosis evaluation; requirements; documentation Sec. 15. (a) This section applies if an individual licensed under this chapter performs an evaluation to determine a mental health diagnosis of a patient and determines that the patient either:

(1) has not seen:

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

(B) an advanced practice registered nurse licensed under IC 25-23; or

within the previous twelve (12) months; or

(2) may have a physical condition that requires medical attention.

(b) The individual performing the evaluation shall do the following:

(1) Advise the patient to schedule, and offer to assist the patient with the scheduling of, a physical examination at the earliest opportunity with:

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

(B) an advanced practice registered nurse licensed under IC 25-23; or

(2) Provide the patient with a list of practitioners specified in subdivision (1) that the patient may contact to schedule a physical examination, including the:

(A) name;

(B) address; and

of the practitioners.

(3) Coordinate patient care as appropriate with the practitioner who is providing physical medical care to the patient, unless the patient has declined to consent to the coordination of care.

(c) An individual performing the evaluation shall document all actions taken under subsection (b) in the patient's medical record.

As added by P.L.138-2021, SEC.7.

IC 25-23.6-8.5Chapter 8.5. Mental Health Counselor Licensure

25-23.6-8.5-1Mental health counselor application requirements 25-23.6-8.5-1.5Mental health counselor associate license requirements; associate temporary permit 25-23.6-8.5-1.7Requirements while in doctoral program 25-23.6-8.5-2Requirements for institution attended by applicant 25-23.6-8.5-3Educational requirements 25-23.6-8.5-4Clinical experience requirements 25-23.6-8.5-5Eligibility for examination; examination in last term 25-23.6-8.5-6Examination; times and places 25-23.6-8.5-7Issuance of license 25-23.6-8.5-8Duration of mental health counselor license; renewal 25-23.6-8.5-8.5Duration of mental health counselor associate license; renewal 25-23.6-8.5-9Reinstatement of invalid license 25-23.6-8.5-9.5Reciprocity for mental health counselors 25-23.6-8.5-10Temporary permit 25-23.6-8.5-11Notification of retirement from practice 25-23.6-8.5-12Exemption from examination requirement 25-23.6-8.5-13Expired 25-23.6-8.5-14Mental health diagnosis evaluation; requirements; documentation

IC 25-23.6-8.5-1Mental health counselor application requirements Sec. 1. An individual who applies for a license as a mental health counselor must meet the following requirements:

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

(A) received a master's or doctor's degree in an area related to mental health counseling from:

(i) an eligible postsecondary educational institution that meets the requirements under section 2 of this chapter; or

(ii) a foreign school that has a program of study that meets the requirements under section 2 of this chapter;

(B) completed the educational requirements under section 3 of this chapter; and

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

(A) except as provided in section 1.7 of this chapter, holds a mental health counselor associate license, in good standing, issued under section 7 of this chapter; or

(B) is licensed or certified to practice as a mental health counselor in another state and is otherwise qualified under this chapter.

(3) Furnish satisfactory evidence to the board that the individual does not have a conviction for a crime that has a direct bearing on the individual's ability to practice competently.

(4) Furnish satisfactory evidence to the board that the individual has not been the subject of a disciplinary action by a licensing or certification agency of another state or jurisdiction on the grounds that the individual was not able to practice as a mental health counselor without endangering the public.

(5) Pass an examination provided by the board.

(6) Pay the fee established by the board.

As added by P.L.147-1997, SEC.71. Amended by P.L.2-2007, SEC.340; P.L.84-2010, SEC.58; P.L.42-2011, SEC.56.

IC 25-23.6-8.5-1.5Mental health counselor associate license requirements; associate temporary permit Sec. 1.5. (a) An individual who applies for a license as a mental health counselor associate must meet the following requirements:

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

(A) received a master's or doctor's degree in mental health counseling therapy or in a related area as determined by the board from an institution of higher education that meets the requirements under section 2 of this chapter or from a foreign school that has a program of study that meets the requirements under section 2(3)(A) or 2(3)(B) of this chapter; and

(B) completed the educational requirements under section 3 of this chapter.

(2) Furnish satisfactory evidence to the board that the individual does not have a conviction for a crime that has a direct bearing on the individual's ability to practice competently.

(4) Pay the fee established by the board.

(5) Pass an examination provided by the board.

(b) The board shall issue an associate temporary permit to practice mental health counseling to an individual who:

(1) meets the educational requirements for a license as a mental health counselor;

(2) is pursuing the required clinical supervisory hours for a license as a mental health counselor; and

(3) pays a fee for the temporary permit set by the board.

An associate temporary permit issued under this subsection expires one (1) year after the date the permit is issued, without regard to the number of times the individual passes or fails the required examination to become a licensed mental health counselor. The temporary permit may not be renewed.

As added by P.L.84-2010, SEC.59. Amended by P.L.195-2018, SEC.15.

IC 25-23.6-8.5-1.7Requirements while in doctoral program Sec. 1.7. An individual who receives a master's degree and enters a doctoral program may do either of the following:

(1) Apply for a mental health counselor associate license under section 1.5 of this chapter by meeting the requirements of this chapter.

(2) Elect not to apply for a mental health counselor associate license under section 1.5 of this chapter, accrue the clinical experience required under section 4 of this chapter, and apply for a mental health counselor license at the conclusion of the doctoral program.

As added by P.L.84-2010, SEC.60.

IC 25-23.6-8.5-2Requirements for institution attended by applicant Sec. 2. An applicant for a mental health counselor license under section 1 of this chapter or a mental health counselor associate license under section 1.5 of this chapter must have received a master's or doctor's degree in an area related to mental health counseling from an eligible postsecondary educational institution that meets the following requirements:

(2) If the institution was located in Canada, at the time of the applicant's graduation the institution was a member in good standing with the Association of Universities and Colleges of Canada.

(3) If the institution was located in a foreign country other than Canada, at the time of the applicant's graduation the institution:

(A) was recognized by the government of the country where the school was located as a program to train in the practice of mental health counseling or psychotherapy counseling; and

As added by P.L.147-1997, SEC.71. Amended by P.L.2-2007, SEC.341; P.L.84-2010, SEC.61.

IC 25-23.6-8.5-3Educational requirements Sec. 3. An applicant as a mental health counselor under section 1 of this chapter or a mental health counselor associate under section 1.5 of this chapter must complete the following educational requirements:

(1) Graduate course work in counseling that must include either a master's degree or a doctor's degree in counseling. The graduate course work must include the following content areas:

(A) Human growth and development.

(B) Social and cultural foundations of counseling.

(D) Group dynamics, processes, counseling, and consultation.

(E) Lifestyle and career development.

(F) Assessment and appraisal of individuals.

(G) Research and program evaluation.

(H) Professional orientation and ethics.

(I) Foundations of mental health counseling.

(J) Contextual dimensions of mental health counseling.

(K) Knowledge and skills for the practice of mental health counseling and psychotherapy.

(L) Clinical instruction.

(2) Not less than one (1) supervised clinical practicum, internship, or field experience in a counseling setting, which must include a minimum of seven hundred (700) clock hours consisting of one (1) practicum of one hundred (100) hours, and one (1) internship of six hundred (600) hours with at least sixty-six (66) hours of face to face supervision. This requirement may be met by a supervised practice experience that took place away from an eligible postsecondary educational institution but that is certified by an official of the eligible postsecondary educational institution as being equivalent to a clinical mental health graduate level practicum or internship program at an institution accredited by an accrediting agency approved by the United States Department of Education or the Association of Universities and Colleges of Canada.

As added by P.L.147-1997, SEC.71. Amended by P.L.2-2007, SEC.342; P.L.84-2010, SEC.62; P.L.160-2018, SEC.4; P.L.149-2022, SEC.7.

IC 25-23.6-8.5-4Clinical experience requirements Sec. 4. (a) For purposes of this section, "virtual supervision" means supervision of an applicant for a license as a mental health counselor by a qualified supervisor through an electronic platform that provides for synchronous visual and audio interaction in real time, and which is compliant with the federal Health Insurance Portability and Accountability Act (HIPAA). Virtual supervision does not include telephone calls, electronic mail, or text messages.

(b) An applicant for a license as a mental health counselor under section 1 of this chapter must have at least three thousand (3,000) hours of post-graduate clinical experience over a two (2) year period. The clinical experience must consist of one hundred (100) hours of supervision under the supervision of a licensed mental health counselor or an equivalent supervisor, as determined by the board.

(c) Except as provided in section 1.7 of this chapter, if an individual is obtaining the post-graduate clinical experience described in subsection (b) in Indiana, the individual must be licensed as a mental health counselor associate under section 1.5 of this chapter.

(d) A doctoral internship may be applied toward the supervised work experience requirement.

(e) Except as provided in subsection (f), the clinical experience requirement may be met by work performed at or away from the premises of the supervising mental health counselor.

(f) Except as provided in subsection (g), the clinical work requirement may not be performed away from the supervising mental health counselor's premises if:

(1) the work is the independent private practice of mental health counseling; and

(2) the work is not performed at a place that has the supervision of a licensed mental health counselor or an equivalent supervisor, as determined by the board.

(g) Up to one hundred percent (100%) of the supervised post-graduate clinical experience hours required under subsection (b) may be accounted for through virtual supervision by a licensed mental health counselor or equivalent supervisor described in subsection (b).

(h) Any supervised post-graduate clinical experience hours that an applicant accumulates under this chapter after being licensed as a mental health counselor associate under section 1.5 of this chapter do not expire and may be used by the applicant to satisfy the supervised post-graduate clinical experience requirements of this chapter.

(i) After obtaining a temporary permit under section 1.5 of this chapter, any supervised post-graduate clinical experience hours that an applicant accumulates under this chapter before the temporary permit expires may be used by the applicant to satisfy the supervised post-graduate clinical experience requirements under this chapter.

As added by P.L.147-1997, SEC.71. Amended by P.L.84-2010, SEC.63; P.L.160-2018, SEC.5; P.L.83-2024, SEC.20; P.L.130-2025, SEC.4.

IC 25-23.6-8.5-5Eligibility for examination; examination in last term Sec. 5. (a) As used in this section, "term" refers to an academic semester, trimester, or quarter.

(b) An individual who satisfies the requirements of:

(1) section 1 or 1.5 of this chapter; and

(2) section 2 of this chapter;

may take the examination provided by the board.

(1) is enrolled in the last term of the last year of a program leading to a degree that meets the requirements of section 1.5(a)(1) of this chapter; and

(2) provides a letter of good standing from the director of the mental health counselor department or the director's designee;

may take the examination provided by the board for a license as a mental health counselor associate.

(d) A letter of good standing provided under subsection (c)(2) by an individual who applies for a license as a mental health counselor associate must include the following information:

(1) The individual's first and last name.

(2) The type of degree and program in which the individual is enrolled.

(3) A statement confirming that the individual is currently in the final term of the program.

(4) The anticipated date of completion of the program.

(5) A statement confirming that the individual is in good academic standing.

As added by P.L.147-1997, SEC.71. Amended by P.L.84-2010, SEC.64; P.L.83-2024, SEC.21.

IC 25-23.6-8.5-6Examination; times and places Sec. 6. The board shall provide for examinations to be given at least once each year at times and places established by the board.

As added by P.L.147-1997, SEC.71.

IC 25-23.6-8.5-7Issuance of license Sec. 7. (a) The board shall issue a license to an applicant as a mental health counselor under section 1 of this chapter or a mental health counselor associate under section 1.5 of this chapter who:

(1) achieves a passing score, as determined by the board, on the examination provided under this chapter; and

(2) is otherwise qualified under this article.

(b) A person issued a license under this section may engage in the practice of mental health counseling.

As added by P.L.147-1997, SEC.71. Amended by P.L.84-2010, SEC.65.

IC 25-23.6-8.5-8Duration of mental health counselor license; renewal Sec. 8. (a) Subject to IC 25-1-2-6(e), a mental health counselor license issued by the board is valid for the remainder of the renewal period in effect on the date the license was issued.

(b) An individual may renew a mental health counselor license by:

(1) paying a renewal fee on or before the expiration date of the license; and

(2) completing at least twenty (20) hours of continuing education per licensure year.

(c) If an individual fails to pay a renewal fee on or before the expiration date of a mental health counselor license, the license becomes invalid.

As added by P.L.147-1997, SEC.71. Amended by P.L.84-2010, SEC.66; P.L.177-2015, SEC.56.

IC 25-23.6-8.5-8.5Duration of mental health counselor associate license; renewal Sec. 8.5. (a) Subject to IC 25-1-2-6(e), a mental health counselor associate license issued by the board is valid for the remainder of the renewal period in effect on the date the license was issued.

(b) An individual may renew a mental health counselor associate license two (2) times by:

(1) paying a renewal fee on or before the expiration date of the license; and

(2) completing at least twenty (20) hours of continuing education per licensure year.

(c) The board may renew a mental health counselor associate license for additional periods based on circumstances determined by the board.

(d) If an individual fails to pay a renewal fee on or before the expiration date of a mental health counselor associate license, the license becomes invalid.

As added by P.L.84-2010, SEC.67. Amended by P.L.177-2015, SEC.57.

IC 25-23.6-8.5-9Reinstatement of invalid license Sec. 9. (a) The board may reinstate an invalid mental health counselor license up to three (3) years after the expiration date of the license if the individual holding the invalid license meets the requirements under IC 25-1-8-6.

(b) If more than three (3) years have elapsed since the date a mental health counselor license expired, the individual holding the license may reinstate the invalid license by satisfying the requirements for reinstatement established by the board and meeting the requirements under IC 25-1-8-6.

(c) The board may reinstate an invalid mental health counselor associate license up to one (1) year after the expiration date of the license if the individual holding the invalid license meets the requirements under IC 25-1-8-6. A mental health counselor associate license that has been expired for more than one (1) year may not be reinstated under IC 25-1-8-6.

As added by P.L.147-1997, SEC.71. Amended by P.L.269-2001, SEC.23; P.L.84-2010, SEC.68.

IC 25-23.6-8.5-9.5Reciprocity for mental health counselors Sec. 9.5. The board shall issue a license to an individual to be a mental health counselor, not more than thirty (30) days after the application is filed and completed, if the individual:

(1) has a valid license or certificate to practice from another state or jurisdiction;

(2) has passed an examination substantially equivalent to the level for which licensure is being requested;

(3) does not have a pending disciplinary proceeding in another state; and

(4) pays a fee.

As added by P.L.225-2017, SEC.5. Amended by P.L.149-2022, SEC.8.

IC 25-23.6-8.5-10Temporary permit Sec. 10. (a) The board may issue a temporary permit to an individual to profess to be a mental health counselor if the individual pays a fee and the individual:

(1) has a valid license or certificate to practice from another state and the individual has applied for a license from the board;

(2) is practicing in a state that does not license or certify mental health counselors, but is certified by a national association approved by the board and the individual has applied for a license from the board; or

(3) has been approved by the board to take the examination and has graduated from a school or program approved by the board and the individual has completed any experience requirement.

(b) A temporary permit expires the earlier of:

(1) the date the individual holding the permit is issued a license under this article; or

(2) the date the board disapproves the individual's license application.

(c) The board may renew a temporary permit if the individual holding the permit was scheduled to take the next examination and the individual:

(1) did not take the examination; and

(2) shows good cause for not taking the examination.

(d) A permit renewed under subsection (c) expires on the date the individual holding the permit receives the results from the next examination given after the permit was issued.

As added by P.L.147-1997, SEC.71.

IC 25-23.6-8.5-11Notification of retirement from practice Sec. 11. (a) An individual who is licensed under this article shall notify the board in writing when the individual retires from practice.

(b) Upon receipt of the notice, the board shall:

(1) record the fact the individual is retired; and

(2) release the individual from further payment of renewal fees and continuing education requirements.

As added by P.L.147-1997, SEC.71.

IC 25-23.6-8.5-12Exemption from examination requirement Sec. 12. An individual who applies for a license under this article may be exempted by the board from the examination requirement under this chapter if the individual:

(1) is licensed or certified to practice as a mental health counselor in another state; or

(2) has engaged in the practice of mental health counseling for not less than three (3) of the previous five (5) years;

(3) has passed a licensing examination substantially equivalent to the licensing examination required under this article;

(4) has passed an examination pertaining to the mental health counseling laws and rules of this state; and

(5) has not committed any act or is not under investigation for any act that constitutes a violation of this article;

and is otherwise qualified under sections 1 and 2 of this chapter and pays an additional fee.

As added by P.L.147-1997, SEC.71.

IC 25-23.6-8.5-13ExpiredAs added by P.L.84-2010, SEC.69. Expired 6-30-2015 by P.L.84-2010, SEC.69.

IC 25-23.6-8.5-14Mental health diagnosis evaluation; requirements; documentation Sec. 14. (a) This section applies if an individual licensed under this chapter performs an evaluation to determine a mental health diagnosis of a patient and determines that the patient either:

(1) has not seen:

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

(B) an advanced practice registered nurse licensed under IC 25-23; or

within the previous twelve (12) months; or

(2) may have a physical condition that requires medical attention.

(b) The individual performing the evaluation shall do the following:

(1) Advise the patient to schedule, and offer to assist the patient with the scheduling of, a physical examination at the earliest opportunity with:

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

(B) an advanced practice registered nurse licensed under IC 25-23; or

(2) Provide the patient with a list of practitioners specified in subdivision (1) that the patient may contact to schedule a physical examination, including the:

(A) name;

(B) address; and

of the practitioners.

(3) Coordinate patient care as appropriate with the practitioner who is providing physical medical care to the patient, unless the patient has declined to consent to the coordination of care.

(c) An individual performing the evaluation shall document all actions taken under subsection (b) in the patient's medical record.

As added by P.L.138-2021, SEC.8.

IC 25-23.6-9Chapter 9. RepealedRepealed by P.L.86-2018, SEC.200.

IC 25-23.6-10Chapter 10. RepealedRepealed by P.L.147-1997, SEC.75.

IC 25-23.6-10.1Chapter 10.1. Addiction Counselors and Clinical Addiction Counselors; Unlawful Practices; Penalty

25-23.6-10.1-1Prohibited use of certain titles; practice without license; exemptions 25-23.6-10.1-2Practice by individuals who are not licensed 25-23.6-10.1-3Prohibited locations to provide services by individuals who are not licensed 25-23.6-10.1-4Required use of certain titles 25-23.6-10.1-4.5Display of license; promotional materials 25-23.6-10.1-5Testimony 25-23.6-10.1-6Penalties

IC 25-23.6-10.1-1Prohibited use of certain titles; practice without license; exemptions Sec. 1. (a) Beginning July 1, 2010, an individual may not:

(1) profess to be a licensed addiction counselor or licensed clinical addiction counselor;

(2) use the title:

(A) "licensed addiction counselor";

(B) "licensed clinical addiction counselor";

(D) "licensed addiction therapist";

(E) "addiction counselor";

(F) "addiction therapist";

(G) "clinical addiction counselor";

(H) "clinical addiction therapist";

(I) "substance abuse counselor";

(J) "substance abuse therapist";

(K) "clinical substance abuse counselor"; or

(L) "clinical substance abuse therapist";

(3) use any other title containing the words:

(A) "licensed addiction counselor";

(B) "licensed addiction therapist";

(D) "licensed clinical addiction therapist";

(E) "addiction counselor";

(F) "addiction therapist";

(G) "clinical addiction counselor";

(H) "clinical addiction therapist";

(I) "substance abuse counselor";

(J) "substance abuse therapist";

(K) "clinical substance abuse counselor";

(L) "clinical substance abuse therapist";

(M) "licensed addiction counselor associate"; or

(N) "licensed clinical addiction counselor associate";

(4) use any other:

(A) words;

(B) letters;

(D) insignia;

indicating or implying that the individual is a licensed addiction counselor or licensed clinical addiction counselor; or

(5) practice as an addiction counselor or clinical addiction counselor for compensation;

unless the individual is licensed under this article.

(b) Subsection (a)(5) does not apply to a person who is described in section 2(a) or 3 of this chapter.

(c) An individual who is exempt from licensing under section 2(a)(4) of this chapter may use the title "pastoral addiction counselor" and may engage in the practice of addiction counseling for compensation.

As added by P.L.122-2009, SEC.28. Amended by P.L.225-2017, SEC.5.

IC 25-23.6-10.1-2Practice by individuals who are not licensed Sec. 2. (a) This article may not be construed to limit addiction counselor or clinical addiction counselor services performed by a person who does not use a title specified in this article and who is any of the following:

(1) A licensed or certified health care professional acting within the scope of the person's license or certificate, including a:

(A) social worker licensed under this article;

(B) clinical social worker licensed under this article;

(D) mental health counselor licensed under this article;

(E) psychologist licensed under IC 25-33;

(F) physician licensed under IC 25-22.5; or

(G) nurse licensed under IC 25-23;

and who has training and experience in addiction counseling.

(2) A student, an intern, or a trainee pursuing a course of study in medicine or psychology or a course of study to gain licensure under this article as follows:

(A) In an accredited eligible postsecondary educational institution or training institution recognized by the Council for Higher Education Accreditation (CHEA) for undergraduate and graduate institutions. Accreditation by the Council for Accreditation of Counseling and Related Educational Programs or a substantially equivalent accreditation program approved by the board is required for graduate institutions.

(B) Through a National Association of Alcohol and Drug Abuse Counselors approved academic education provider; or

(i) the services are performed under qualified supervision and constitute a part of the person's supervised course of study or other level of supervision; and

(ii) the student or graduate uses a title that contains the term "intern", "student", or "trainee".

(3) A nonresident of Indiana if the person performs addiction counseling or therapy in Indiana for not more than:

(A) five (5) days in any one (1) month; or

(B) fifteen (15) days in any one (1) calendar year;

and the person is authorized to perform such services under the laws of the state or country in which the person resides.

(4) A rabbi, priest, Christian Science practitioner, minister, or other member of the clergy.

(5) An employee or a volunteer for an organization performing charitable, religious, or educational functions or providing pastoral counseling or other assistance.

(6) A person who provides school counseling.

(7) A governmental employee who remains in the same job classification or job family of that job classification.

(8) An employee of a court alcohol and drug program, a drug court, or a reentry court certified by the office of judicial administration when performing assigned job duties.

(9) A probation officer when performing assigned job duties.

(b) This section does not prohibit a person referred to in subsection (a) from qualifying for licensure under this article.

As added by P.L.122-2009, SEC.28. Amended by P.L.161-2018, SEC.35; P.L.49-2019, SEC.6.

IC 25-23.6-10.1-3Prohibited locations to provide services by individuals who are not licensed Sec. 3. A person who is not licensed under this article may provide or ensure the provision of addiction counseling services in:

(1) a health facility licensed under IC 16-28;

(2) a hospital licensed under IC 16-21 or IC 12-25;

(3) a substance abuse facility certified by the division of mental health and addiction as an addiction services regular agency;

(4) a home health agency licensed under IC 16-27-1;

(5) a community health center;

(6) an institution operated by the department of correction; or

(7) a community mental health center under IC 12-21-2-3;

if the person has met all of the requirements established by a credentialing agency approved by the department of mental health and addiction, and the person does not profess to be a licensed addiction therapist or a licensed addiction counselor under this article.

As added by P.L.122-2009, SEC.28.

IC 25-23.6-10.1-4Required use of certain titles Sec. 4. An individual who is licensed as an addiction counselor or clinical addiction counselor must include the words "licensed addiction counselor" or "licensed clinical addiction counselor" or the letters "LAC" or "LCAC" on all promotional materials, including:

(1) business cards;

(2) brochures;

(3) stationery:

(4) advertisements; and

(5) signs;

that name the individual.

As added by P.L.122-2009, SEC.28.

IC 25-23.6-10.1-4.5Display of license; promotional materials Sec. 4.5. An individual who is licensed as an addiction counselor or a clinical addiction counselor shall:

(1) display the license or a clear copy of the license at each location where the addiction counselor or clinical addiction counselor regularly practices; and

(2) include the words "licensed addiction counselor" or "licensed clinical addiction counselor" or the letters "LAC" or "LCAC" on all promotional materials, including business cards, brochures, stationery, advertisements, and signs that name the individual.

As added by P.L.49-2019, SEC.7.

IC 25-23.6-10.1-5Testimony Sec. 5. A licensed addiction counselor or licensed clinical addiction counselor licensed under this article may provide factual testimony but may not provide expert testimony.

As added by P.L.122-2009, SEC.28.

IC 25-23.6-10.1-6Penalties Sec. 6. An individual who knowingly and intentionally violates this chapter after July 1, 2010, commits a Class A misdemeanor.

As added by P.L.122-2009, SEC.28.

IC 25-23.6-10.5Chapter 10.5. Addiction Counselor and Clinical Addiction Counselor Licensure

25-23.6-10.5-1Addiction counselor license requirements 25-23.6-10.5-1.5Addiction counselor associate license requirements; associate temporary permit 25-23.6-10.5-2Clinical addiction license requirements 25-23.6-10.5-2.5Clinical addiction counselor associate licensing requirements 25-23.6-10.5-3Addiction counselor education requirements 25-23.6-10.5-4Clinical addiction counselor education requirements 25-23.6-10.5-5Addiction counselor educational requirements 25-23.6-10.5-6Clinical addiction counselor educational requirements 25-23.6-10.5-7Addiction counselor counseling experience 25-23.6-10.5-8Clinical addiction counselor counseling experience 25-23.6-10.5-9Requirements to take examination; examination in last term 25-23.6-10.5-9.5Reciprocity for licensed addiction counselors and licensed clinical addiction counselors 25-23.6-10.5-10Temporary permit 25-23.6-10.5-11Examination exemptions 25-23.6-10.5-12Renewal 25-23.6-10.5-12.3Associate license renewals 25-23.6-10.5-13Reinstatement of invalid license 25-23.6-10.5-14Notification of retirement 25-23.6-10.5-15Expired 25-23.6-10.5-15.5Expired 25-23.6-10.5-16Mental health diagnosis evaluation; requirements; documentation

IC 25-23.6-10.5-1Addiction counselor license requirements Sec. 1. An individual who applies for a license as an addiction counselor must meet the following requirements:

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

(A) received a baccalaureate or higher degree in addiction counseling or in a related area as determined by the board from:

(i) an eligible postsecondary educational institution that meets the requirements under section 3(1) of this chapter; or

(ii) a foreign school that has a program of study that meets the requirements under section 3(2) or 3(3) of this chapter;

(B) completed the educational requirements under section 5 of this chapter; and

(2) Furnish satisfactory evidence to the board that the individual does not have a:

(A) conviction for a crime of violence (as defined in IC 35-31.5-2-79); or

(B) conviction in the previous two (2) years that has a direct bearing on the individual's ability to practice competently.

(4) Pass an examination established by the board.

(5) Pay the fee established by the board.

As added by P.L.122-2009, SEC.29. Amended by P.L.142-2020, SEC.28; P.L.85-2026, SEC.11.

IC 25-23.6-10.5-1.5Addiction counselor associate license requirements; associate temporary permit Sec. 1.5. (a) An individual who applies for a license as an addiction counselor associate must meet the following requirements:

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

(A) received a baccalaureate or higher degree in addiction counseling, or in a related area as determined by the board from:

(i) an eligible postsecondary educational institution that meets the requirement under section 3(1) of this chapter; or

(ii) a foreign school that has a program of study that meets the requirement under section 3(2) or 3(3) of this chapter; and

(B) completed the educational requirements under section 5 of this chapter.

(2) Furnish satisfactory evidence to the board that the individual does not have a:

(A) conviction for a crime of violence (as defined in IC 35-31.5-2-79); or

(B) conviction in the previous two (2) years that has a direct bearing on the individual's ability to practice competently.

(4) Pass an examination established by the board.

(5) Pay the fee established by the board.

(b) The board shall issue an associate temporary permit to practice addiction counseling or clinical addiction counseling to an individual who:

(1) meets the educational requirements for a license as an addiction counselor or clinical addiction counselor;

(2) is pursuing the required clinical supervisory hours for a license as an addiction counselor or clinical addiction counselor; and

(3) pays a fee for the temporary permit set by the board.

An associate temporary permit issued under this subsection expires one (1) year after the date the permit is issued, without regard to the number of times the individual passes or fails the required examination to become a licensed addiction counselor or clinical addiction counselor. The temporary permit may not be renewed.

As added by P.L.225-2017, SEC.6. Amended by P.L.80-2018, SEC.1; P.L.195-2018, SEC.16; P.L.142-2020, SEC.29; P.L.85-2026, SEC.12.

IC 25-23.6-10.5-2Clinical addiction license requirements Sec. 2. An individual who applies for a license as a clinical addiction counselor must meet the following requirements:

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

(A) received a master's or doctor's degree in addiction counseling, addiction therapy, or a related area as determined by the board from an eligible postsecondary educational institution that meets the requirements under section 4(a)(1) of this chapter or from a foreign school that has a program of study that meets the requirements under section 4(a)(2) or 4(a)(3) of this chapter;

(B) completed the educational requirements under section 6 of this chapter; and

(2) Furnish satisfactory evidence to the board that the individual does not have a:

(A) conviction for a crime of violence (as defined in IC 35-31.5-2-79); or

(B) conviction in the previous two (2) years that has a direct bearing on the individual's ability to practice competently.

(4) Pass an examination established by the board.

(5) Pay the fee established by the board.

As added by P.L.122-2009, SEC.29. Amended by P.L.142-2020, SEC.30; P.L.85-2026, SEC.13.

IC 25-23.6-10.5-2.5Clinical addiction counselor associate licensing requirements Sec. 2.5. An individual who applies for a license as a clinical addiction counselor associate must meet the following requirements:

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

(A) received a master's or doctor's degree in addiction counseling, or in a related area as determined by the board from:

(i) an eligible postsecondary educational institution that meets the requirements under section 4(a)(1) of this chapter; or

(ii) a foreign school that has a program of study that meets the requirements under section 4(a)(2) or 4(a)(3) of this chapter; and

(B) completed the education requirements under section 6 of this chapter.

(2) Furnish satisfactory evidence to the board that the individual does not have a:

(A) conviction for a crime of violence (as defined in IC 35-31.5-2-79); or

(B) conviction in the previous two (2) years that has a direct bearing on the individual's ability to practice competently.

(4) Pass an examination established by the board.

(5) Pay the fee established by the board.

As added by P.L.225-2017, SEC.7. Amended by P.L.80-2018, SEC.2; P.L.142-2020, SEC.31; P.L.85-2026, SEC.14.

IC 25-23.6-10.5-3Addiction counselor education requirements Sec. 3. An applicant under section 1 of this chapter must have a baccalaureate or higher degree in addiction counseling or in a related area as determined by the board from an eligible postsecondary educational institution that meets the following requirements:

(1) If the institution is located in the United States or a territory of the United States, at the time of the applicant's graduation the institution was accredited by a regional accrediting body recognized by the Commission on Recognition of Postsecondary Accreditation.

(2) If the institution is located in Canada, at the time of the applicant's graduation the institution was a member in good standing with the Association of Universities and Colleges of Canada.

(3) If the institution is located in a foreign country other than Canada, at the time of the applicant's graduation the institution:

(A) was recognized by the government of the country where the school was located as a program to train in the practice of addiction counseling; and

As added by P.L.122-2009, SEC.29.

IC 25-23.6-10.5-4Clinical addiction counselor education requirements Sec. 4. (a) An applicant under section 2 of this chapter must have a master's or doctor's degree in addiction counseling, addiction therapy, or a related area as determined by the board from an eligible postsecondary educational institution that meets the following requirements:

(2) If the institution is located in Canada, at the time of the applicant's graduation the institution was a member in good standing with the Association of Universities and Colleges of Canada.

(3) If the institution is located in a foreign country other than Canada, at the time of the applicant's graduation the institution:

(A) was recognized by the government of the country where the school was located as a program to train in the practice of addiction counseling; and

(b) An applicant under section 2 of this chapter who has a master's or doctor's degree from a program that did not emphasize addiction counseling may complete the course work requirement from an institution that is:

(1) accredited by the Council for Accreditation of Counseling and Related Educational Programs;

(2) recognized by the National Association of Alcohol and Drug Abuse Counselors;

(3) recognized by the International Certification and Reciprocity Consortium;

(4) accredited by the Commission on Accreditation of Marriage and Family Therapy Education;

(5) accredited by the American Psychological Association's Commission on Accreditation;

(6) accredited by the Council on Social Work Education;

(7) accredited by the National Addiction Studies Accreditation Commission; or

(8) approved by the board as a substantially equivalent program.

As added by P.L.122-2009, SEC.29. Amended by P.L.49-2019, SEC.8.

IC 25-23.6-10.5-5Addiction counselor educational requirements Sec. 5. (a) An applicant under section 1 of this chapter must complete the following educational requirements:

(1) Course work from an eligible postsecondary educational institution that includes the following content areas:

(A) Addictions theory.

(B) Psychoactive drugs.

(D) Theories of personality.

(E) Developmental psychology.

(F) Abnormal psychology.

(G) Group work.

(H) Cultural competency.

(I) Ethics and professional development.

(J) Family education.

(K) Areas of content as approved by the board.

(2) At least one (1) supervised practicum, internship, or field experience in an addiction counseling setting that requires the applicant to provide at least three hundred fifty (350) hours of addiction counseling services.

(b) The content areas under subsection (a)(1) may be combined into any one (1) college level course.

As added by P.L.122-2009, SEC.29. Amended by P.L.49-2019, SEC.9; P.L.149-2022, SEC.9.

IC 25-23.6-10.5-6Clinical addiction counselor educational requirements Sec. 6. (a) An applicant under section 2 of this chapter must complete the following educational requirements:

(1) Graduate course work that must include graduate level course credits with material in at least the following content areas:

(A) Addiction counseling theories and techniques.

(B) Psychopharmacology.

(D) Clinical appraisal and assessment.

(E) Theory and practice of group addiction counseling.

(F) Counseling addicted family systems.

(G) Multicultural counseling.

(H) Research methods in addictions.

(I) Areas of content as approved by the board.

(2) Graduate course work in the following areas:

(A) Legal, ethical, and professional standards issues in the practice of addiction counseling and therapy or an equivalent course approved by the board.

(B) Appraisal and assessment for individual or interpersonal disorder or dysfunction.

(3) At least one (1) supervised clinical practicum, internship, or field experience in an addiction counseling setting that requires the applicant to provide seven hundred (700) hours of clinical addiction counseling services and that must include the following:

(A) Two hundred eighty (280) face to face client contact hours of addiction counseling services under the supervision of a qualified supervisor, as determined by the board.

(B) Thirty-five (35) hours of supervision from a qualified supervisor, as determined by the board.

However, an applicant who has completed a clinical practicum, an internship, or field experience to obtain another license under this article is not required to complete the clinical addiction counseling services hours required under this subdivision.

(4) Any qualifications established by the board under subsection (c).

(b) The content areas under subsection (a)(1) may be combined into any one (1) graduate level course.

(c) The board shall adopt rules to establish any additional educational or clinical qualifications as specified by the Council for Accreditation of Counseling and Related Educational Programs or a successor organization.

As added by P.L.122-2009, SEC.29. Amended by P.L.49-2019, SEC.10; P.L.207-2021, SEC.27; P.L.149-2022, SEC.10.

IC 25-23.6-10.5-7Addiction counselor counseling experience Sec. 7. (a) For purposes of this section, "virtual supervision" means supervision of an applicant for a license as an addiction counselor by a qualified supervisor through an electronic platform that provides for synchronous visual and audio interaction in real time, and which is compliant with the federal Health Insurance Portability and Accountability Act (HIPAA). Virtual supervision does not include telephone calls, electronic mail, or text messages.

(b) An applicant under section 1 of this chapter must have at least two (2) years of addiction counseling experience that must include at least one hundred fifty (150) hours under supervision, one hundred (100) hours of which must be under individual supervision and fifty (50) hours of which must be under group supervision. The supervision required must be provided by a qualified supervisor, as determined by the board.

(c) If an individual is obtaining the supervised addiction counseling experience described in subsection (b) in Indiana, the individual must be licensed as an addiction counselor associate under section 1.5 of this chapter.

(d) A doctoral internship, or a supervised master's level practicum, an internship, or field experience in addiction counseling, may be applied toward the supervised work experience requirement.

(e) Except as provided in subsection (f), the experience requirement may be met by work performed at or away from the premises of the qualified supervisor.

(f) Except as provided in subsection (g), the work requirement may not be performed away from the qualified supervisor's premises if:

(1) the work is the independent private practice of addiction counseling; and

(2) the work is not performed at a place that has the supervision of a qualified supervisor.

(g) Up to one hundred percent (100%) of the supervised addiction counseling experience hours required under subsection (b) may be accounted for through virtual supervision by a qualified supervisor described in subsection (b).

(h) Any supervised addiction counseling experience hours that an applicant accumulates under this chapter after being licensed as an addiction counselor associate under section 1.5 of this chapter do not expire and may be used by the applicant to satisfy the supervised addiction counseling experience requirements under this chapter.

(i) After obtaining a temporary permit under section 1.5 of this chapter, any supervised addiction counseling experience hours that an applicant accumulates under this chapter before the temporary permit expires may be used by the applicant to satisfy the supervised addiction counseling experience requirements under this chapter.

As added by P.L.122-2009, SEC.29. Amended by P.L.160-2018, SEC.6; P.L.207-2021, SEC.28; P.L.83-2024, SEC.22; P.L.130-2025, SEC.5.

IC 25-23.6-10.5-8Clinical addiction counselor counseling experience Sec. 8. (a) For purposes of this section, "virtual supervision" means supervision of an applicant for a license as a clinical addiction counselor by a qualified supervisor through an electronic platform that provides for synchronous visual and audio interaction in real time, and which is compliant with the federal Health Insurance Portability and Accountability Act (HIPAA). Virtual supervision does not include telephone calls, electronic mail, or text messages.

(b) An applicant under section 2 of this chapter must have at least two (2) years of clinical addiction counseling experience that must include at least two hundred (200) hours under supervision, one hundred (100) hours of which must be under individual supervision and up to one hundred (100) hours of which may be under group supervision. The supervision required must be provided by a qualified supervisor, as determined by the board.

(c) If an individual is obtaining the clinical addiction counseling experience described in subsection (b) in Indiana, the individual must be licensed as a clinical addiction counselor associate under section 2.5 of this chapter.

(d) A doctoral internship may be applied toward the supervised work experience requirement.

(e) Except as provided in subsection (f), the experience requirement may be met by work performed at or away from the premises of the qualified supervisor.

(f) Except as provided in subsection (g), the work requirement may not be performed away from the qualified supervisor's premises if:

(1) the work is the independent private practice of addiction therapy; and

(2) the work is not performed at a place that has the supervision of a qualified supervisor.

(g) Up to one hundred percent (100%) of the supervised clinical addiction counseling experience hours required under subsection (b) may be accounted for through virtual supervision by a qualified supervisor described in subsection (b).

(h) Any supervised clinical addiction counseling experience hours that an applicant accumulates under this chapter after being licensed as a clinical addiction counselor associate under section 2.5 of this chapter do not expire and may be used by the applicant to satisfy the supervised clinical addiction counseling experience requirements under this chapter.

(i) After obtaining a temporary permit under section 1.5 of this chapter, any supervised clinical addiction counseling experience hours that an applicant accumulates under this chapter before the temporary permit expires may be used by the applicant to satisfy the supervised clinical addiction counseling experience requirements under this chapter.

As added by P.L.122-2009, SEC.29. Amended by P.L.207-2021, SEC.29; P.L.83-2024, SEC.23; P.L.130-2025, SEC.6.

IC 25-23.6-10.5-9Requirements to take examination; examination in last term Sec. 9. (a) As used in this section, "term" refers to an academic semester, trimester, or quarter.

(b) An individual who satisfies the requirements of sections 4, 6, and 8 of this chapter may take the licensed clinical addiction counselor examination established by the board.

(c) An individual who satisfies the requirements of sections 3, 5, and 7 of this chapter may take the licensed addiction counselor examination established by the board.

(d) An individual who:

(1) is enrolled in the last term of the last year of a program leading to a degree that meets the requirements of section 1.5(a)(1) of this chapter; and

(2) provides a letter of good standing from the director of the addiction counselor department or the director's designee;

may take the examination provided by the board for a license as an addiction counselor associate.

(e) An individual who:

(1) is enrolled in the last term of the last year of a program leading to a degree that meets the requirements of section 2.5(1) of this chapter; and

(2) provides a letter of good standing from the director of the addiction counselor department or the director's designee;

may take the examination provided by the board for a license as a clinical addiction counselor associate.

(f) A letter of good standing provided under subsection (d)(2) or (e)(2) by an individual who applies for a license as an addiction counselor associate or clinical addiction counselor associate must include the following information:

(1) The individual's first and last name.

(2) The type of degree and program in which the individual is enrolled.

(3) A statement confirming that the individual is currently in the final term of the program.

(4) The anticipated date of completion of the program.

(5) A statement confirming that the individual is in good academic standing.

As added by P.L.122-2009, SEC.29. Amended by P.L.83-2024, SEC.24.

IC 25-23.6-10.5-9.5Reciprocity for licensed addiction counselors and licensed clinical addiction counselors Sec. 9.5. The board shall issue a license to an individual to be a licensed addiction counselor or licensed clinical addiction counselor, not more than thirty (30) days after the application is filed and completed, if the individual:

(1) has a valid license or certificate to practice from another state or jurisdiction;

(2) has passed an examination substantially equivalent to the level for which licensure is being requested;

(3) does not have a pending disciplinary proceeding in another state; and

(4) pays a fee.

As added by P.L.225-2017, SEC.8. Amended by P.L.149-2022, SEC.11.

IC 25-23.6-10.5-10Temporary permit Sec. 10. (a) The board may issue a temporary permit to allow an individual to profess to be a licensed addiction counselor or licensed clinical addiction counselor if the individual pays a fee established by the board and the individual:

(1) has a valid license or certificate to practice from another state and the individual has applied for a license from the board;

(2) is practicing in a state that does not license addiction counselors or therapists but is certified by a national association approved by the board and the individual has applied for a license from the board; or

(3) has been approved by the board to take the examination and has graduated from a school or program approved by the board and the individual has completed any experience requirement.

(b) A temporary permit issued under this section expires the earliest of:

(1) the date the individual holding the permit is issued a license under this article;

(2) the date the board disapproves the individual's license application; or

(3) one hundred eighty (180) days after the initial permit is issued.

(c) The board may renew a temporary permit if the individual holding the permit is scheduled to take the next examination and the individual:

(1) does not take the examination; and

(2) shows good cause for not taking the examination.

(d) A permit renewed under subsection (c) expires on the date the individual holding the permit receives the results from the next examination given after the permit was issued.

As added by P.L.122-2009, SEC.29.

IC 25-23.6-10.5-11Examination exemptions Sec. 11. (a) An individual who applies for an addiction counselor license under this article may be exempted by the board from the examination requirement under section 1 of this chapter if the individual:

(1) is licensed or certified as an addiction counselor in another state and has passed a licensing examination substantially equivalent to the licensing examination required under this article;

(2) has engaged in the practice of addiction counseling for at least three (3) of the previous five (5) years;

(3) has passed an examination pertaining to the addiction counseling laws and rules of Indiana; and

(4) has not committed any act and is not under investigation for any act that constitutes a violation of this article;

and is otherwise qualified under sections 1, 3, 5, and 7 of this chapter.

(b) An individual who applies for a clinical addiction counselor license under this article may be exempted by the board from the examination requirement under section 2 of this chapter if the individual:

(1) is licensed or certified as a clinical addiction counselor in another state and has passed a licensing examination substantially equivalent to the licensing examination required under this article;

(2) has passed an examination pertaining to the addiction therapy laws and rules of Indiana; and

(3) has not committed any act and is not under investigation for any act that constitutes a violation of this article;

and is otherwise qualified under sections 2, 4, 6, and 8 of this chapter.

As added by P.L.122-2009, SEC.29.

IC 25-23.6-10.5-12Renewal Sec. 12. (a) This section is subject to section 12.3 of this chapter.

(b) Subject to IC 25-1-2-6(e), a license issued by the board under this chapter is valid for the remainder of the renewal period in effect on the date the license was issued.

(d) If an individual fails to pay a renewal fee on or before the expiration date of a license, the license becomes invalid.

As added by P.L.122-2009, SEC.29. Amended by P.L.177-2015, SEC.58; P.L.225-2017, SEC.9.

IC 25-23.6-10.5-12.3Associate license renewals Sec. 12.3. (a) Subject to IC 25-1-2-6(e), an associate license issued by the board under this chapter is valid for the remainder of the renewal period in effect on the date the license was issued.

(b) An individual may renew an associate license two (2) times by:

(1) paying a renewal fee on or before the expiration date of the license; and

(2) completing at least twenty (20) hours of continuing education each licensure year.

(d) If an individual fails to pay a renewal fee on or before the expiration date of an associate license, the associate license becomes invalid.

As added by P.L.225-2017, SEC.10.

IC 25-23.6-10.5-13Reinstatement of invalid license Sec. 13. (a) The board may reinstate an invalid license up to three (3) years after the expiration date of the license if the individual holding the invalid license meets the requirements under IC 25-1-8-6.

As added by P.L.122-2009, SEC.29.

IC 25-23.6-10.5-14Notification of retirement Sec. 14. (a) An individual who is licensed under this article shall notify the board in writing when the individual retires from practice.

(b) Upon receipt of the notice, the board shall:

(1) record the fact the individual is retired; and

(2) release the individual from further payment of renewal fees.

As added by P.L.122-2009, SEC.29.

IC 25-23.6-10.5-15ExpiredAs added by P.L.122-2009, SEC.29. Expired 7-1-2011 by P.L.122-2009, SEC.29.

IC 25-23.6-10.5-15.5ExpiredAs added by P.L.28-2012, SEC.25. Expired 12-31-2012 by P.L.28-2012, SEC.25.

IC 25-23.6-10.5-16Mental health diagnosis evaluation; requirements; documentation Sec. 16. (a) This section applies if an individual licensed under this chapter performs an evaluation to determine a mental health diagnosis of a patient and determines that the patient either:

(1) has not seen:

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

(B) an advanced practice registered nurse licensed under IC 25-23; or

within the previous twelve (12) months; or

(2) may have a physical condition that requires medical attention.

(b) The individual performing the evaluation shall do the following:

(1) Advise the patient to schedule, and offer to assist the patient with the scheduling of, a physical examination at the earliest opportunity with:

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

(B) an advanced practice registered nurse licensed under IC 25-23; or

(2) Provide the patient with a list of practitioners specified in subdivision (1) that the patient may contact to schedule a physical examination, including the:

(A) name;

(B) address; and

of the practitioners.

(3) Coordinate patient care as appropriate with the practitioner who is providing physical medical care to the patient, unless the patient has declined to consent to the coordination of care.

(c) An individual performing the evaluation shall document all actions taken under subsection (b) in the patient's medical record.

As added by P.L.138-2021, SEC.9.

IC 25-23.6-11Chapter 11. Prohibited Practices

25-23.6-11-1Description of services 25-23.6-11-2Use of license 25-23.6-11-3False or forged information to obtain license 25-23.6-11-4Requirements to make a mental health diagnosis

IC 25-23.6-11-1Description of services Sec. 1. (a) Except for an individual who is licensed under IC 25-22.5, is licensed under IC 25-33, is an advanced practice registered nurse (as defined by IC 25-23-1-1(b)), or is licensed under this article, and who uses the terms within the scope of the individual's education, training, and licensure, an individual may not knowingly describe services the individual performs using the following terms:

(1) "Psychotherapy".

(2) "Clinical psychology".

(b) An individual who violates this section commits a Class A misdemeanor.

As added by P.L.147-1997, SEC.72. Amended by P.L.129-2018, SEC.37.

IC 25-23.6-11-2Use of license Sec. 2. (a) An individual may not knowingly use a license issued under this article unless:

(1) the license was issued to the individual; and

(2) the license is valid.

(b) An individual who violates this section commits a Class A misdemeanor.

As added by P.L.147-1997, SEC.72.

IC 25-23.6-11-3False or forged information to obtain license Sec. 3. (a) An individual may not knowingly present false or forged information or documents to the board for the purpose of obtaining a license under this article.

(b) An individual who violates this section commits a Class A misdemeanor.

As added by P.L.147-1997, SEC.72.

IC 25-23.6-11-4Requirements to make a mental health diagnosis Sec. 4. An individual licensed under this article may not make a mental health diagnosis unless the individual meets all of the following criteria:

(1) Has at least sixty (60) clock hours (as defined in 34 CFR 600.2) of graduate studies in mental health diagnosis.

(2) Training that includes diagnostic categories from the most current version of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Health Disorders (DSM) and the most current version of the International Classification of Diseases (ICD).

(3) Experience that includes at least one thousand (1,000) hours of supervised practice by an appropriately licensed supervisor, as determined by the board.

(4) Is licensed as at least one (1) of the following and meets the scope of practice requirements of that profession:

(A) Clinical social worker licensed under IC 25-23.6-5.

(B) Marriage and family therapist licensed under IC 25-23.6-8.

(D) Clinical addiction counselor licensed under IC 25-23.6-10.5.

As added by P.L.138-2021, SEC.10.

IC 25-23.7ARTICLE 23.7. MANUFACTURED HOME INSTALLERS

Ch. 1.Application of Article Ch. 2.Definitions Ch. 3.Manufactured Home Installer Licensing Board Ch. 4.Licensing Agency; Board Secretary Ch. 5.Licensing Requirements Ch. 6.Renewal of License Ch. 7.Disciplinary Proceedings; Enforcement Ch. 8.Installation in a Mobile Home Community

IC 25-23.7-1Chapter 1. Application of Article

25-23.7-1-1Application of article

IC 25-23.7-1-1Application of article Sec. 1. This article applies to a person who installs manufactured homes for occupancy as single family dwellings.

As added by P.L.162-2002, SEC.7. Amended by P.L.87-2005, SEC.32.

IC 25-23.7-2Chapter 2. Definitions

25-23.7-2-1Applicability of definitions 25-23.7-2-2"Board" 25-23.7-2-3"Installation" or "install" 25-23.7-2-4"Installer" 25-23.7-2-5"Licensee" 25-23.7-2-6"Licensing agency" 25-23.7-2-7"Manufactured home" 25-23.7-2-7.5"Mobile home" 25-23.7-2-7.6"Mobile home community" 25-23.7-2-8"Secretary"

IC 25-23.7-2-1Applicability of definitions Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.162-2002, SEC.7.

IC 25-23.7-2-2"Board" Sec. 2. "Board" refers to the manufactured home installer licensing board established by IC 25-23.7-3-1.

As added by P.L.162-2002, SEC.7.

IC 25-23.7-2-3"Installation" or "install" Sec. 3. "Installation" or "install" means any of the following:

(1) The construction, whether temporary or permanent, of a structural support system for a manufactured home.

(2) The placement or erection of a manufactured home or manufactured home components on a structural support system.

(3) Supporting, blocking, leveling, securing, anchoring, or adjusting any structural component of a manufactured home.

(4) The connection of multiple or expandable sections or components of a manufactured home.

As added by P.L.162-2002, SEC.7.

IC 25-23.7-2-4"Installer" Sec. 4. "Installer" means an individual who contracts to install or installs a manufactured home.

As added by P.L.162-2002, SEC.7.

IC 25-23.7-2-5"Licensee" Sec. 5. "Licensee" means an individual who installs manufactured homes and is licensed under this article.

As added by P.L.162-2002, SEC.7.

IC 25-23.7-2-6"Licensing agency" Sec. 6. "Licensing agency" refers to the Indiana professional licensing agency established by IC 25-1-5-3.

As added by P.L.162-2002, SEC.7. Amended by P.L.1-2006, SEC.458.

IC 25-23.7-2-7"Manufactured home" Sec. 7. "Manufactured home" has the meaning set forth in IC 9-13-2-96(a). The term includes a mobile home (as defined in IC 9-13-2-103.2).

As added by P.L.162-2002, SEC.7. Amended by P.L.87-2005, SEC.33; P.L.157-2026, SEC.220.

IC 25-23.7-2-7.5"Mobile home" Sec. 7.5. "Mobile home" has the meaning set forth in IC 9-13-2-103.2. The term includes a manufactured home (as defined in IC 9-13-2-96(a)).

As added by P.L.87-2005, SEC.34. Amended by P.L.157-2026, SEC.221.

IC 25-23.7-2-7.6"Mobile home community" Sec. 7.6. "Mobile home community" has the meaning set forth in IC 16-41-27-5.

As added by P.L.87-2005, SEC.35.

IC 25-23.7-2-8"Secretary" Sec. 8. "Secretary" has the meaning set forth in IC 25-1-5-5(c).

As added by P.L.162-2002, SEC.7. Amended by P.L.29-2026, SEC.44.

IC 25-23.7-3Chapter 3. Manufactured Home Installer Licensing Board

25-23.7-3-1Establishment of board 25-23.7-3-2Members 25-23.7-3-3Terms of members 25-23.7-3-4Removal 25-23.7-3-5Board meetings; quorum; majority vote required 25-23.7-3-6Salary per diem; travel expenses 25-23.7-3-7Chairperson; vice chairperson; presiding officer 25-23.7-3-8Board duties and powers

IC 25-23.7-3-1Establishment of board Sec. 1. The manufactured home installer licensing board is established.

As added by P.L.162-2002, SEC.7.

IC 25-23.7-3-2Members Sec. 2. (a) Subject to IC 25-1-6.5-3, the board consists of five (5) members appointed by the governor as follows:

(1) Two (2) members who are installers, each of whom:

(A) is licensed in Indiana as an installer; and

(B) has been actively engaged in the installation of manufactured homes for at least five (5) years immediately before the member's appointment to the board.

(2) One (1) member who represents manufactured home dealers.

(3) One (1) member who is an owner of or who is employed by a primary inspection agency, a designation issued under 24 CFR 3282 by the United States Department of Housing and Urban Development.

(4) One (1) member who represents the general public and who is not associated with the manufactured home industry other than as a consumer.

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

As added by P.L.162-2002, SEC.7. Amended by P.L.87-2005, SEC.36; P.L.177-2015, SEC.59; P.L.249-2019, SEC.108.

IC 25-23.7-3-3Terms of members Sec. 3. Each member of the board shall serve a term under IC 25-1-6.5.

As added by P.L.162-2002, SEC.7. Amended by P.L.249-2019, SEC.109.

IC 25-23.7-3-4Removal Sec. 4. The governor may remove a board member under IC 25-1-6.5-4.

As added by P.L.162-2002, SEC.7. Amended by P.L.249-2019, SEC.110.

IC 25-23.7-3-5Board meetings; quorum; majority vote required Sec. 5. (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 time and place for each meeting.

(d) Except as otherwise provided in this article, at least three (3) votes are necessary for the board to take official action.

As added by P.L.162-2002, SEC.7. Amended by P.L.249-2019, SEC.111.

IC 25-23.7-3-6Salary per diem; travel expenses Sec. 6. Each member of the board is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). Each member of the board is entitled to reimbursement for travel 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.162-2002, SEC.7.

IC 25-23.7-3-7Chairperson; vice chairperson; presiding officer Sec. 7. (a) Each year the board shall elect a member as chairperson and a member as vice chairperson.

(b) The chairperson and vice chairperson shall serve until their successor is elected.

(c) 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.

(d) 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.162-2002, SEC.7.

IC 25-23.7-3-8Board duties and powers Sec. 8. The board shall:

(1) enforce and administer this article;

(2) adopt rules under IC 4-22-2 for the administration and enforcement of this article, including competency standards and a code of ethics for licensed installers;

(3) prescribe the requirements for and the form of licenses issued or renewed under this article;

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

(5) in accordance with IC 25-1-7, investigate and prosecute complaints involving licensees or individuals the board has reason to believe should be licensees, including complaints concerning the failure to comply with this article or rules adopted under this article;

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

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

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

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

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

(11) ensure any certification or recertification required by 42 U.S.C. 5403, as amended, or any other provision of the federal Manufactured Housing Construction and Safety Standards Law (42 U.S.C. 5401 et seq.), is submitted to or has been included in a plan submitted to the secretary of the United States Department of Housing and Urban Development.

As added by P.L.162-2002, SEC.7. Amended by P.L.84-2016, SEC.108; P.L.157-2026, SEC.222.

IC 25-23.7-4Chapter 4. Licensing Agency; Board Secretary

25-23.7-4-1Board secretary; secretary duties 25-23.7-4-2Licensing agency responsibilities 25-23.7-4-3Money collected; expenses paid from state general fund

IC 25-23.7-4-1Board secretary; secretary duties Sec. 1. The licensing 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 licensing agency, shall:

(1) keep a complete and accurate record of all proceedings of the board;

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

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

As added by P.L.162-2002, SEC.7.

IC 25-23.7-4-2Licensing agency responsibilities Sec. 2. The licensing agency shall provide the board with clerical or other assistants necessary for the proper performance of the board's duties.

As added by P.L.162-2002, SEC.7. Amended by P.L.197-2007, SEC.86.

IC 25-23.7-4-3Money collected; expenses paid from state general fund Sec. 3. 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.

As added by P.L.162-2002, SEC.7.

IC 25-23.7-5Chapter 5. Licensing Requirements

25-23.7-5-1Licensing requirement; political subdivision's powers; licensing exemptions 25-23.7-5-2Licensing requirements 25-23.7-5-3Application form 25-23.7-5-4License denial; remedies

IC 25-23.7-5-1Licensing requirement; political subdivision's powers; licensing exemptions Sec. 1. (a) Except as provided in subsection (b), an individual may not install a manufactured home without first obtaining from the board a license authorizing the individual to install a manufactured home. A political subdivision may not require a licensee to submit to any other form of licensing except for that required by a political subdivision for onsite electrical, plumbing, or mechanical systems installation. However, this article does not limit the power of a political subdivision to regulate the quality and character of work performed by a licensee through the enforcement of building codes or conducting inspections.

(b) An individual acting at all times at the direction and under the supervision of a licensed installer need not be licensed in order to install a manufactured home. A licensee is fully responsible for all installation work performed under the licensee's direction or supervision.

(1) a manufactured housing community owner;

(2) a manufactured housing community manager; or

(3) the employees of a person described in subdivision (1) or (2);

from providing maintenance to an installation if that maintenance does not otherwise require a license by a political subdivision for onsite electrical, plumbing, or mechanical systems installation.

As added by P.L.162-2002, SEC.7.

IC 25-23.7-5-2Licensing requirements Sec. 2. An individual who applies for a license as an installer of a manufactured home 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 successfully completed the board approved installation training course;

(i) the installation requirements for manufactured homes; and

(ii) the Indiana department of health requirements that apply to manufactured homes;

(D) has:

(i) at least one (1) year of experience installing manufactured homes under the direction and supervision of a licensed installer; or

(ii) three (3) references, two (2) of whom are licensed installers familiar with the individual's work experience and competency; and

(E) has not been:

(i) convicted of an act that would constitute a ground for disciplinary action under this article; or

(ii) the subject of a disciplinary action by the licensing or certification agency of another state or jurisdiction in connection with the installation of manufactured homes.

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

(3) Submit proof of insurance or a surety bond:

(A) issued by an insurance or a surety company authorized to transact business in Indiana;

(B) in an amount determined by the board; and

(4) Pay the fee established by the board.

As added by P.L.162-2002, SEC.7. Amended by P.L.56-2023, SEC.238.

IC 25-23.7-5-3Application form Sec. 3. An individual applying for a license as an installer of manufactured homes must apply on a form prescribed and provided by the board.

As added by P.L.162-2002, SEC.7.

IC 25-23.7-5-4License denial; remedies Sec. 4. An individual who is denied a license under this article has the remedies prescribed under IC 4-21.5.

As added by P.L.162-2002, SEC.7.

IC 25-23.7-6Chapter 6. Renewal of License

25-23.7-6-1Expiration of license 25-23.7-6-2License renewal requirements 25-23.7-6-3Renewal notices; renewal fee 25-23.7-6-4Continuing education requirements 25-23.7-6-5Adoption of rules concerning continuing education

IC 25-23.7-6-1Expiration of license Sec. 1. Notwithstanding IC 25-1-2, but subject to IC 25-1-2-6(e), the holder of a license issued under IC 25-23.7-5 must renew the license and pay the required renewal fee every four (4) years after it is issued on or before the date established by the Indiana professional licensing agency under IC 25-1-5-4.

As added by P.L.162-2002, SEC.7. Amended by P.L.157-2006, SEC.63; P.L.177-2015, SEC.60; P.L.29-2026, SEC.45.

IC 25-23.7-6-2License renewal requirements Sec. 2. (a) An individual who applies to renew a license as an installer of a manufactured home 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 before the date established by the licensing agency, the certificate expires without any action taken by the board.

(c) If a license has been expired for not more than three (3) years, the license may be reinstated by the board if the holder of the license 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 of the license meets the requirements for reinstatement under IC 25-1-8-6(d).

As added by P.L.162-2002, SEC.7. Amended by P.L.105-2008, SEC.44; P.L.177-2015, SEC.61.

IC 25-23.7-6-3Renewal notices; 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.162-2002, SEC.7.

IC 25-23.7-6-4Continuing education requirements Sec. 4. Each licensed installer must complete the continuing education required by the board before the end of each license renewal period.

As added by P.L.162-2002, SEC.7.

IC 25-23.7-6-5Adoption 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 installers.

As added by P.L.162-2002, SEC.7. Amended by P.L.194-2005, SEC.68.

IC 25-23.7-7Chapter 7. Disciplinary Proceedings; Enforcement

25-23.7-7-1Disciplinary actions 25-23.7-7-2Disciplinary hearings 25-23.7-7-3License suspension 25-23.7-7-4Show cause order; cease and desist order 25-23.7-7-5Criminal violations 25-23.7-7-6Judicial review 25-23.7-7-7Board legal adviser

IC 25-23.7-7-1Disciplinary actions Sec. 1. The board may take disciplinary action against a licensee for any of the following violations:

(1) Violating this article or rules adopted by the board under this article.

(2) Making a false or material misleading representation:

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

(B) in information provided to the board.

(3) Failing to pay fees or fines required under this article.

(4) Communicating to the public false or misleading information concerning the license held.

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

As added by P.L.162-2002, SEC.7.

IC 25-23.7-7-2Disciplinary 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.162-2002, SEC.7.

IC 25-23.7-7-3License 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 represents a clear and immediate danger to the public's health, safety, or property if the licensee is allowed to install manufactured homes. The summary suspension may be renewed, upon a hearing before the board, for up to ninety (90) days.

As added by P.L.162-2002, SEC.7.

IC 25-23.7-7-4Show cause order; cease and desist order Sec. 4. (a) When 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 time and place for a hearing at which the affected individual may appear and show cause as to 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 describes the individual and activities that are the subjects of the order.

As added by P.L.162-2002, SEC.7.

IC 25-23.7-7-5Criminal violations Sec. 5. An individual who:

(1) engages in or offers to engage in the installation of a manufactured home without being licensed or without being exempt from licensing under Indiana law;

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

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

(4) impersonates another licensee;

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

(6) otherwise violates this article;

commits a Class B misdemeanor.

As added by P.L.162-2002, SEC.7.

IC 25-23.7-7-6Judicial review Sec. 6. An individual who applies for and is denied 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.162-2002, SEC.7.

IC 25-23.7-7-7Board legal adviser Sec. 7. 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.162-2002, SEC.7.

IC 25-23.7-8Chapter 8. Installation in a Mobile Home Community

25-23.7-8-1Application of chapter 25-23.7-8-2Necessity of license 25-23.7-8-3Modification of utilities 25-23.7-8-4Modified or expanded supports 25-23.7-8-5Installation location 25-23.7-8-6Installation of weather radios

IC 25-23.7-8-1Application of chapter Sec. 1. This chapter applies to the installation of a manufactured home in a mobile home community.

As added by P.L.87-2005, SEC.37.

IC 25-23.7-8-2Necessity of license Sec. 2. An installation described in section 1 of this chapter must be performed:

(1) by a person licensed under this article; and

(2) in accordance with the manufacturer's installation instructions.

As added by P.L.87-2005, SEC.37.

IC 25-23.7-8-3Modification of utilities Sec. 3. Utilities and other facilities that served a mobile home or manufactured home formerly installed in a mobile home community may be modified and used for an installation.

As added by P.L.87-2005, SEC.37.

IC 25-23.7-8-4Modified or expanded supports Sec. 4. Supports that served a mobile home or manufactured home formerly installed in a mobile home community may be modified or expanded to use for an installation. However, upon completion of the installation, the supports must be adequate to serve the mobile home or manufactured home that is installed.

As added by P.L.87-2005, SEC.37.

IC 25-23.7-8-5Installation location Sec. 5. (a) An existing location within a mobile home community that is:

(1) valid and conforming; or

(2) valid and nonconforming;

under a local ordinance may be modified or expanded to provide adequate support and utilities for an installation described in section 1 of this chapter.

(b) A location modified or expanded under subsection (a) retains the status that the location possessed under the local ordinance before the modification or expansion.

(c) If an installation on a location described in subsection (a) is installed in accordance with rules adopted under IC 16-41-27, the location is not considered new work or new construction.

As added by P.L.87-2005, SEC.37. Amended by P.L.21-2006, SEC.1.

IC 25-23.7-8-6Installation of weather radios Sec. 6. (a) This section applies to a person that installs a manufactured home in a mobile home community after June 30, 2007.

(b) A person shall supply a weather radio inside each manufactured home that the person installs. The weather radio must be equipped with the following features:

(1) Tone alarm activation.

(2) Specific alert message encoding, or SAME, technology.

(3) Public alert standard (CEA-2009) certification.

(c) The supplying of a weather radio by a person who installs a manufactured home as required by this section does not subject the person to liability for the functionality of that weather radio.

As added by P.L.31-2007, SEC.2.

IC 25-24ARTICLE 24. OPTOMETRISTS

Ch. 1.Regulation of Optometrists ─ Creation of Board Ch. 2.Further Licensing Requirements ─ Establishment of Training Program and Special Fee Ch. 3.Optometric Legend Drugs

IC 25-24-1Chapter 1. Regulation of Optometrists ─ Creation of Board

25-24-1-1Indiana optometry board; organization; powers and duties 25-24-1-2Meetings; quorum; record 25-24-1-3Examination; issuance of license; applicant licensed in other state; fees 25-24-1-3.1Repealed 25-24-1-3.2Issuance of limited license 25-24-1-4Practice of optometry defined 25-24-1-4.5Prohibition against changes and substitutions 25-24-1-4.7Immunity 25-24-1-5Application of chapter to physicians and surgeons 25-24-1-5.5Restrictions on board authority 25-24-1-6Repealed 25-24-1-7Repealed 25-24-1-8Repealed 25-24-1-9Repealed 25-24-1-10Repealed 25-24-1-11Repealed 25-24-1-12Display of license 25-24-1-13Compensation and expenses of board 25-24-1-14License renewal; fee; failure to renew; expiration of license; inactive license 25-24-1-14.1Continuing professional education; renewal of license 25-24-1-15Repealed 25-24-1-15.1Repealed 25-24-1-16Repealed 25-24-1-17Specific violations 25-24-1-18Violations 25-24-1-19Injunction of violations 25-24-1-20Certificates considered licenses

Source: official Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 25-23-1-35

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Section 25-23-1-35 ("Requirements to practice as a forensic nurse; continuing education") 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 § 25-23-1-35 - Requirements to practice as a forensic nurse; continuing education

§ 25-23-1-35. Requirements to practice as a forensic nurse; continuing education

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Frequently Asked Questions About Indiana § 25-23-1-35

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