Indiana § 25-33-2-5 - Monitoring of courses; rules
Full text of Indiana Indiana Code § 25-33-2-5 — Monitoring of courses; rules, with citation guidance and answers to common questions.
§ 25-33-2-5. Monitoring of courses; rules
Sec. 5. (a) A member of the board may attend or monitor a continuing education course.
(b) An approved organization shall provide the board with course information or materials requested by the board.
(c) The board shall adopt rules under IC 4-22-2 to implement this chapter.
As added by P.L.140-1993, SEC.18.
IC 25-33-3Chapter 3. RepealedRepealed by P.L.85-2021, SEC.27.
IC 25-33.5ARTICLE 33.5. PSYCHOLOGY INTERJURISDICTIONAL COMPACT
Ch. 1.Purpose and Applicability Ch. 2.Definitions Ch. 3.Home State Licensure Ch. 4.Compact Privilege to Practice Telepsychology Ch. 5.Compact Temporary Authorization to Practice Ch. 6.Conditions of Telepsychology Practice in a Receiving State Ch. 7.Adverse Actions Ch. 8.Additional Authorities in a Compact State's Psychology Regulatory Authority Ch. 9.Coordinated Licensure Information System Ch. 10.Establishment of the Psychology Interjurisdictional Compact Commission Ch. 11.Rulemaking Ch. 12.Oversight, Dispute Resolution, and Enforcement Ch. 13.Date of Implementation of the Compact, Commission, and Rules; Withdrawal and Amendments Ch. 14.Construction and Severability
IC 25-33.5-1Chapter 1. Purpose and Applicability
25-33.5-1-1Findings 25-33.5-1-2Application 25-33.5-1-3Purposes and objectives
IC 25-33.5-1-1Findings Sec. 1. The party states make the following findings:
(1) States license psychologists in order to protect the public through verification of education, training, and experience, and to ensure accountability for professional practice.
(2) The compact under this article is intended to regulate the following:
(A) The day to day practice of telepsychology by psychologists across state boundaries in the performance of the practice of psychology, as assigned by an appropriate authority.
(B) The temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for not more than thirty (30) days within a calendar year in the performance of the practice of psychology, as assigned by an appropriate authority.
(3) The compact under this article is intended to authorize the state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of the compact under this article, to psychologists licensed in another state.
(4) States have a vested interest in protecting the public's health and safety through licensing and regulating psychologists and that state regulation best protects public health and safety.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-1-2Application Sec. 2. The compact set forth in this article does not apply to the following:
(1) When a psychologist is licensed in both the home and receiving state.
(2) Permanent in-person, face-to-face practice.
However, the compact does allow for the authorization of a temporary psychologic practice.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-1-3Purposes and objectives Sec. 3. The compact set forth in this article is designed to achieve the following purposes and objectives:
(1) Increase public access to professional psychological services by allowing for telepsychological practice across state lines as well as temporary in-person, face-to-face services into a state in which the psychologist is not licensed to practice psychology.
(2) Enhance the states' ability to protect the health and safety of the public, especially client and patient safety.
(3) Encourage the cooperation of compact states in the area of psychology licensure and regulation.
(4) Facilitate the exchange of information between compact states concerning psychologist licensure, adverse actions, and disciplinary history.
(5) Promote compliance with the laws governing psychological practice in each compact state.
(6) Invest all compact states with the authority to hold licensed psychologists accountable through the mutual recognition of compact state licenses.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2Chapter 2. Definitions
25-33.5-2-1Application of definitions 25-33.5-2-2"Adverse action" 25-33.5-2-3"Association of State and Provincial Psychology Boards" 25-33.5-2-4"Authority to practice interjurisdictional telepsychology" 25-33.5-2-5"Bylaws" 25-33.5-2-6"Client" or "patient" 25-33.5-2-7"Commission" 25-33.5-2-8"Commissioner" 25-33.5-2-9"Compact state" 25-33.5-2-10"Confidentiality" 25-33.5-2-11"Coordinated licensure information system" or "coordinated data base" 25-33.5-2-12"Day" 25-33.5-2-13"Distant state" 25-33.5-2-14"E.Passport" 25-33.5-2-15"Executive board" 25-33.5-2-16"Home state" 25-33.5-2-17"Identity history summary" 25-33.5-2-18"In-person, face-to-face" 25-33.5-2-19"Interjurisdictional practice certificate" 25-33.5-2-20"License" 25-33.5-2-21"Noncompact state" 25-33.5-2-22"Psychologist" 25-33.5-2-23"Receiving state" 25-33.5-2-24"Rule" 25-33.5-2-25"Significant investigatory information" 25-33.5-2-26"State" 25-33.5-2-27"State psychology regulatory authority" 25-33.5-2-28"Telepsychology" 25-33.5-2-29"Temporary authorization to practice" 25-33.5-2-30"Temporary in-person, face-to-face practice"
IC 25-33.5-2-1Application of definitions Sec. 1. The definitions set forth in this chapter apply to this article.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-2"Adverse action" Sec. 2. "Adverse action" means any action taken by a state psychology regulatory authority that finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-3"Association of State and Provincial Psychology Boards" Sec. 3. "Association of State and Provincial Psychology Boards" means the recognized membership organization composed of state and provincial psychology regulatory authorities responsible for the licensure and registration of psychologists throughout the United States and Canada.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-4"Authority to practice interjurisdictional telepsychology" Sec. 4. "Authority to practice interjurisdictional telepsychology" means the authority of a licensed psychologist to practice telepsychology, within the limits authorized under the compact set forth in this article, in another compact state.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-5"Bylaws" Sec. 5. "Bylaws" refers to the bylaws established by the psychology interjurisdictional compact commission under IC 25-33.5-10 for the governance of the compact or for directing and controlling actions and conduct under the compact.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-6"Client" or "patient" Sec. 6. "Client" or "patient" refers to the recipient of psychological services, whether psychological services are delivered in the context of health care, corporate, supervision, or consulting services.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-7"Commission" Sec. 7. "Commission" refers to the psychology interjurisdictional compact commission, that national administration of which all compact states are members, as established by IC 25-33.5-10.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-8"Commissioner" Sec. 8. "Commissioner" means the voting representative appointed by each state psychology regulatory authority under IC 25-33.5-10.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-9"Compact state" Sec. 9. "Compact state" means a state, the District of Columbia, or a United States territory that has enacted the compact set forth in this article and has not withdrawn under IC 25-33.5-13 or been terminated under IC 25-33.5-12.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-10"Confidentiality" Sec. 10. "Confidentiality" means the principle that data or information is not made available or disclosed to unauthorized persons or processes.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-11"Coordinated licensure information system" or "coordinated data base" Sec. 11. "Coordinated licensure information system" or "coordinated data base" refers to the integrated process for collecting, storing, and sharing information on psychologist licensure and enforcement activities related to psychology licensure laws and that is administered by the recognized membership organization composed of state and provincial psychology regulatory authorities.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-12"Day" Sec. 12. "Day" means any part of a day in which psychological work is performed.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-13"Distant state" Sec. 13. "Distant state" means the compact state where a psychologist is physically present (not through the use of telecommunication technology) to provide temporary in-person, face-to-face psychological services.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-14"E.Passport" Sec. 14. "E.Passport" means a certificate issued by the Association of State and Provincial Psychology Boards that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-15"Executive board" Sec. 15. "Executive board" means a group of directors elected or appointed to act on behalf of and within the powers granted to the group by the commission.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-16"Home state" Sec. 16. "Home state" means one (1) of the following:
(1) The compact state where a psychologist is licensed to practice psychology.
(2) If the psychologist is licensed in more than one (1) compact state as a psychologist and is practicing under the authorization to practice interjurisdictional telepsychology, the compact state where the psychologist is physically present when the telepsychological services are delivered.
(3) If the psychologist is licensed in more than one (1) compact state and is practicing under the temporary authorization to practice, the compact state where the psychologist is licensed.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-17"Identity history summary" Sec. 17. "Identity history summary" means a summary of information retained by the Federal Bureau of Investigation or other designee with similar authority in connection with arrests and, in some instances, federal employment, naturalization, or military service.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-18"In-person, face-to-face" Sec. 18. "In-person, face-to-face" means interactions in which the psychologist and the client or patient are in the same physical space and that does not include interactions that may occur through the use of telecommunication technology.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-19"Interjurisdictional practice certificate" Sec. 19. "Interjurisdictional practice certificate" refers to a certificate issued by the Association of State and Provincial Psychology Boards that grants temporary authority to practice based on notification to the state psychology regulatory authority of intention to practice temporarily and the verification of the individual's qualifications to practice psychology.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-20"License" Sec. 20. "License" means the authorization by a state psychology regulatory authority to engage in the independent practice of psychology that would otherwise be unlawful to practice without authorization.
As added by P.L.65-2022, SEC.2. Amended by P.L.11-2023, SEC.84.
IC 25-33.5-2-21"Noncompact state" Sec. 21. "Noncompact state" refers to any state that is not a compact state.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-22"Psychologist" Sec. 22. "Psychologist" means an individual who is licensed for the independent practice of psychology.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-23"Receiving state" Sec. 23. "Receiving state" refers to a compact state where the client or patient is physically located when the telepsychological services are delivered.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-24"Rule" Sec. 24. "Rule" means a written statement by the psychology interjurisdictional compact commission promulgated under IC 25-33.5-11 that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the commission and has the force and effect of statutory law in a compact state, including the amendment, repeal, or suspension of an existing rule.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-25"Significant investigatory information" Sec. 25. "Significant investigatory information" means:
(1) investigatory information that the state psychology regulatory authority has reason to believe, after a preliminary inquiry that includes notification and opportunity to respond if required by state law, if proven true, would indicate more than a violation of state statute or ethics code that would be considered more substantial than a minor infraction; or
(2) investigatory information that indicates that the psychologist represents an immediate threat to public health and safety regardless of whether the psychologist has been notified or had an opportunity to respond.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-26"State" Sec. 26. "State" refers to a state, commonwealth, territory, or possession of the United States, including the District of Columbia.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-27"State psychology regulatory authority" Sec. 27. "State psychology regulatory authority" means a board, office, or other agency with the legislative mandate to license or regulate the practice of psychology. For purposes of investigatory activities, the term includes any other state agency lawfully responsible for conducting investigations.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-28"Telepsychology" Sec. 28. "Telepsychology" means the provision of psychological services using telecommunication technology.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-29"Temporary authorization to practice" Sec. 29. "Temporary authorization to practice" means the authority of a licensed psychologist to conduct temporary in-person, face-to-face practice, within the limits authorized under the compact set forth in this article, in a compact state.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-2-30"Temporary in-person, face-to-face practice" Sec. 30. "Temporary in-person, face-to-face practice" means that a psychologist is physically present (not through the use of telecommunication technology) in the distant state to provide for the practice of psychology for not more than thirty (30) days within a calendar year and based on notification to the distant state.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-3Chapter 3. Home State Licensure
25-33.5-3-1Home state 25-33.5-3-2Home state; multiple state licenses 25-33.5-3-3Interjurisdictional telepsychology; compact state license 25-33.5-3-4Temporary authorization to practice; compact state license 25-33.5-3-5Authorization to practice interjurisdictional telepsychology 25-33.5-3-6Temporary authorization to practice
IC 25-33.5-3-1Home state Sec. 1. The home state is a compact state where the psychologist is licensed to practice psychology.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-3-2Home state; multiple state licenses Sec. 2. (a) A psychologist may hold more than one (1) compact state license at a time.
(b) If the psychologist is licensed in more than one (1) compact state, the home state is the compact state where the psychologist is physically present when the services are delivered, as authorized by the authority to practice interjurisdictional telepsychology under the terms of the compact.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-3-3Interjurisdictional telepsychology; compact state license Sec. 3. A compact state may require a psychologist not previously licensed in the compact state to obtain and retain a license to be authorized to practice in the compact state under circumstances not authorized by the authority to practice interjurisdictional telepsychology under the terms of the compact.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-3-4Temporary authorization to practice; compact state license Sec. 4. A compact state may require a psychologist to obtain and retain a license to be authorized to practice in a compact state under circumstances not authorized by temporary authorization to practice under the terms of the compact.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-3-5Authorization to practice interjurisdictional telepsychology Sec. 5. A home state's license authorizes a psychologist to practice in a receiving state under the authority to practice interjurisdictional telepsychology only if the compact state:
(1) currently requires the psychologist to hold an active E.Passport;
(2) has a mechanism in place for receiving and investigating complaints about licensed individuals;
(3) notifies the commission, in compliance with the compact terms, of any adverse action or significant investigatory information concerning a licensed individual;
(4) requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, not later than ten (10) years after activation of the compact; and
(5) complies with the bylaws and rules of the commission.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-3-6Temporary authorization to practice Sec. 6. A home state's license grants temporary authorization to practice to a psychologist in a distant state only if the compact state:
(1) currently requires the psychologist to hold an active interjurisdictional practice certificate;
(2) has a mechanism in place for receiving and investigating complaints about licensed individuals;
(3) notifies the commission, in compliance with the compact terms, of any adverse action or significant investigatory information concerning a licensed individual;
(4) requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, not later than ten (10) years after activation of the compact; and
(5) complies with the bylaws and rules of the commission.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-4Chapter 4. Compact Privilege to Practice Telepsychology
25-33.5-4-1Compact state recognition 25-33.5-4-2Requirements 25-33.5-4-3Home state authority over license 25-33.5-4-4Receiving state authority 25-33.5-4-5Restriction on eligibility to practice
IC 25-33.5-4-1Compact state recognition Sec. 1. A compact state shall recognize the right of a psychologist, licensed in a compact state in compliance with IC 25-33.5-3, to practice telepsychology in another compact state in which the psychologist is not licensed, under the authority to practice interjurisdictional telepsychology, as provided by the compact.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-4-2Requirements Sec. 2. To exercise the authority to practice interjurisdictional telepsychology under the terms and provisions of the compact, a psychologist licensed to practice in a compact state must meet the following:
(1) Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:
(A) either:
(i) regionally accredited by an accrediting body recognized by the United States Department of Education to grant graduate degrees; or
(ii) authorized by provincial statute or royal charter to grant doctoral degrees; or
(B) a foreign college or university deemed to be equivalent to an institute described under clause (A) by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service.
(2) Hold a graduate degree in psychology from a program that meets the following:
(A) The program, wherever it may be administratively housed, must:
(i) be clearly identified and labeled as a psychology program; and
(ii) specify in institutional catalogs and brochures the intent to educate and train professional psychologists.
(B) Stands as a recognizable, coherent, organizational entity within the institution.
(C) Has a clear authority and primary responsibility for the core and specialty areas, whether or not the program cuts across administrative lines.
(D) Consists of an integrated, organized sequence of study.
(E) Includes identifiable psychology faculty that are sufficient in size and breadth to carry out faculty responsibilities.
(F) Employs a director of the program that is a psychologist and a member of the core faculty.
(G) Has an identifiable body of students who are matriculated in the program for a degree.
(H) Includes supervised practicum, internship, or field training appropriate to the practice of psychology.
(I) Encompasses curriculum of a minimum of three (3) academic years of full-time graduate study for a doctoral degree and a minimum of one (1) academic year of full-time graduate study for a master's degree.
(J) Includes an acceptable residency, as defined by the rules of the commission.
(3) Possess a current, full, and unrestricted license to practice psychology in a home state that is a compact state.
(4) Have no history of an adverse action that violates the rules of the commission.
(5) Have no criminal record history reported on an identity history summary that violates the rules of the commission.
(6) Possess a current, active E.Passport.
(7) Provide attestations concerning the following:
(A) Areas of intended practice.
(B) Conformity with standards of practice.
(C) Competence in telepsychology technology.
(D) Criminal background.
(E) Knowledge and adherence to legal requirements in the home state and receiving state.
(F) The provision and release of information to allow for primary source verification in a manner specified by the commission.
(8) Meet other criteria, as determined by the rules of the commission.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-4-3Home state authority over license Sec. 3. The home state maintains authority over the license of a psychologist practicing in a receiving state under the authority to practice interjurisdictional telepsychology.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-4-4Receiving state authority Sec. 4. (a) A psychologist practicing in a receiving state under the authority to practice interjurisdictional telepsychology is subject to the receiving state's scope of practice.
(b) A receiving state may, in accordance with the state's due process law, limit or revoke a psychologist's authority to practice interjurisdictional telepsychology in the receiving state and may take any other necessary actions under the receiving state's applicable law to protect the health and safety of the receiving state's citizens.
(c) If the receiving state takes any action described in this section, the receiving state shall promptly notify the home state and the commission.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-4-5Restriction on eligibility to practice Sec. 5. If a psychologist's:
(1) license in any home state or another compact state; or
(2) authority to practice interjurisdictional telepsychology in any receiving state;
is restricted, suspended, or otherwise limited, the E.Passport shall be revoked and the psychologist shall not be eligible to practice telepsychology in a compact state under the authority to practice interjurisdictional telepsychology.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-5Chapter 5. Compact Temporary Authorization to Practice
25-33.5-5-1Compact state recognition 25-33.5-5-2Requirements 25-33.5-5-3Scope of practice 25-33.5-5-4Distant state authority 25-33.5-5-5Restriction on eligibility to practice
IC 25-33.5-5-1Compact state recognition Sec. 1. A compact state shall recognize the right of a psychologist who is licensed in a compact state, in conformance with IC 25-33.5-3, to practice temporarily in another compact state in which the psychologist is not licensed, as provided in the compact.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-5-2Requirements Sec. 2. To exercise the temporary authorization to practice under the terms and provisions of the compact, a psychologist licensed to practice in a compact state must meet the following:
(1) Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:
(A) either:
(i) regionally accredited by an accrediting body recognized by the United States Department of Education to grant graduate degrees; or
(ii) authorized by provincial statute or royal charter to grant doctoral degrees; or
(B) a foreign college or university deemed to be equivalent to an institute described under clause (A) by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service.
(2) Hold a graduate degree in psychology from a program that meets the following:
(A) The program, wherever it may be administratively housed, must:
(i) be clearly identified and labeled as a psychology program; and
(ii) specify in institutional catalogs and brochures the intent to educate and train professional psychologists.
(B) Stands as a recognizable, coherent, organizational entity within the institution.
(C) Has a clear authority and primary responsibility for the core and specialty areas, whether or not the program cuts across administrative lines.
(D) Consists of an integrated, organized sequence of study.
(E) Includes identifiable psychology faculty that are sufficient in size and breadth to carry out faculty responsibilities.
(F) Employs a director of the program that is a psychologist and a member of the core faculty.
(G) Has an identifiable body of students who are matriculated in the program for a degree.
(H) Includes supervised practicum, internship, or field training appropriate to the practice of psychology.
(I) Encompasses curriculum of a minimum of three (3) academic years of full-time graduate study for a doctoral degree and a minimum of one (1) academic year of full-time graduate study for a master's degree.
(J) Includes an acceptable residency, as defined by the rules of the commission.
(3) Possess a current, full, and unrestricted license to practice psychology in a home state that is a compact state.
(4) Have no history of an adverse action that violates the rules of the commission.
(5) Have no criminal record history reported on an identity history summary that violates the rules of the commission.
(6) Possess a current, active interjurisdictional practice certificate.
(7) Provide attestations concerning the following:
(A) Areas of intended practice.
(B) Work experience.
(C) The provision and release of information to allow for primary source verification in a manner specified by the commission.
(8) Meet other criteria, as determined by the rules of the commission.
As added by P.L.65-2022, SEC.2. Amended by P.L.11-2023, SEC.85.
IC 25-33.5-5-3Scope of practice Sec. 3. A psychologist practicing into a distant state under the temporary authorization to practice shall practice within the scope of practice authorized by the distant state.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-5-4Distant state authority Sec. 4. (a) A psychologist practicing into a distant state under the temporary authorization to practice is subject to the distant state's authority and law.
(b) A distant state may, in accordance with the state's due process law, limit or revoke a psychologist's temporary authorization to practice in the distant state and may take any other necessary actions under the distant state's applicable law to protect the health and safety of the distant state's citizens.
(c) If the distant state takes any action under this section, the distant state shall promptly notify the home state and the commission.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-5-5Restriction on eligibility to practice Sec. 5. If a psychologist's:
(1) license in any home state or another compact state; or
(2) temporary authorization to practice in any distant state;
is restricted, suspended, or otherwise limited, the interjurisdictional practice certificate shall be revoked and the psychologist shall not be eligible to practice in a compact state under the temporary authorization to practice.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-6Chapter 6. Conditions of Telepsychology Practice in a Receiving State
25-33.5-6-1Conditions of practice
IC 25-33.5-6-1Conditions of practice Sec. 1. A psychologist may practice in a receiving state under the authority to practice interjurisdictional telepsychology only in the performance of the scope of practice for psychology, as assigned by an appropriate state psychology regulatory authority, as defined in the rules of the commission, and under the following circumstances:
(1) The psychologist initiates a client or patient contact in a home state via telecommunication technologies with a client or patient in a receiving state.
(2) Other conditions concerning telepsychology, as determined by the rules promulgated by the commission.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-7Chapter 7. Adverse Actions
25-33.5-7-1Adverse action on license or temporary authorization to practice 25-33.5-7-2Adverse action on telepsychology authority or temporary in-person practice 25-33.5-7-3Effect of adverse action and discipline; reporting requirements 25-33.5-7-4Home state obligation concerning reported inappropriate conduct in a receiving state 25-33.5-7-5Distant state obligation concerning reported inappropriate conduct in the distant state 25-33.5-7-6Participation in alternative program 25-33.5-7-7Remedies following adverse action
IC 25-33.5-7-1Adverse action on license or temporary authorization to practice Sec. 1. A home state shall have the power to impose adverse action against a psychologist's license issued by the home state. A distant state shall have the power to take adverse action on a psychologist's temporary authorization to practice within the distant state.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-7-2Adverse action on telepsychology authority or temporary in-person practice Sec. 2. A receiving state may take adverse action on a psychologist's authority to practice interjurisdictional telepsychology within the receiving state. A home state may take adverse action against a psychologist based on an adverse action taken by a distant state concerning temporary in-person, face-to-face practice.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-7-3Effect of adverse action and discipline; reporting requirements Sec. 3. (a) If a home state takes adverse action against a psychologist's license, the psychologist's:
(1) authority to practice interjurisdictional telepsychology is terminated;
(2) E.Passport is revoked;
(3) temporary authorization to practice is terminated; and
(4) interjurisdictional practice certificate is revoked.
(b) All home state disciplinary orders that impose adverse action must be reported to the commission in accordance with the rules promulgated by the commission. A compact state shall report adverse actions in accordance with the rules of the commission.
(c) In the event discipline is reported on a psychologist, the psychologist is not eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the rules of the commission.
(d) Other actions may be imposed on the psychologist, as determined by the rules promulgated by the commission.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-7-4Home state obligation concerning reported inappropriate conduct in a receiving state Sec. 4. A home state's psychology regulatory authority shall investigate and take appropriate action concerning reported inappropriate conduct engaged in by a licensee that occurred in a receiving state as it would if the conduct had occurred by a licensee within the home state. The home state's law shall control in determining any adverse action against a psychologist's license.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-7-5Distant state obligation concerning reported inappropriate conduct in the distant state Sec. 5. A distant state's psychology regulatory authority shall investigate and take appropriate action concerning reported inappropriate conduct engaged in by a psychologist practicing under temporary authorization to practice that occurred in the distant state as the distant state would if the conduct had occurred by a licensee within the home state. The distant state's law shall control in determining any adverse action against the psychologist's temporary authorization to practice.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-7-6Participation in alternative program Sec. 6. (a) Nothing in this compact shall override a compact state's decision that a psychologist's participation in an alternative program may be used instead of adverse action and the participation must remain nonpublic if required by the compact state's law.
(b) Compact states must require psychologists who enter any alternative programs to not provide telepsychology services under the authority to practice interjurisdictional telepsychology or provide temporary psychological services under the temporary authorization to practice in any other compact state during the term of the alternative program.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-7-7Remedies following adverse action Sec. 7. No other judicial or administrative remedies shall be available to a psychologist in the event a compact state imposes an adverse action under section 3 of this chapter.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-8Chapter 8. Additional Authorities in a Compact State's Psychology Regulatory Authority
25-33.5-8-1Authority to issue subpoenas and other orders 25-33.5-8-2Investigations; change to home state licensure; confidentiality
IC 25-33.5-8-1Authority to issue subpoenas and other orders Sec. 1. In addition to any other powers granted under state law, a compact state's psychology regulatory authority shall have the authority under this compact to do the following:
(1) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a compact state's psychology regulatory authority for the attendance and testimony of witnesses or the production of evidence from another compact state must be enforced in the latter state by any court of competent jurisdiction, and according to the court's practice and procedure in considering subpoenas issued by the court's proceedings. The issuing state psychology regulatory authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witness or evidence is located.
(2) Issue cease and desist or injunctive relief orders to revoke a psychologist's authority to practice interjurisdictional telepsychology or temporary authorization to practice.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-8-2Investigations; change to home state licensure; confidentiality Sec. 2. (a) During the course of any investigation, a psychologist may not change the psychologist's home state licensure. A home state psychology regulatory authority is authorized to complete any pending investigations of a psychologist and to take any actions appropriate under the home state's laws.
(b) The home state psychology regulatory authority shall promptly report the conclusions of the investigations to the commission.
(c) Once an investigation has been completed, and pending the outcome of the investigation, the psychologist may change the psychologist's home licensure. The commission shall promptly notify the new home state of any decision, as provided in the rules of the commission.
(d) All information provided to the commission or distributed by compact states concerning the psychologist shall be confidential, filed under seal, and used for investigatory or disciplinary matters. The commission may create additional rules for mandated or discretionary sharing of information by compact states.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-9Chapter 9. Coordinated Licensure Information System
25-33.5-9-1Coordinated data base 25-33.5-9-2Submitting uniform data set 25-33.5-9-3Required notification by coordinated data base administrator 25-33.5-9-4Designation of information by compact state 25-33.5-9-5Information required to be expunged
IC 25-33.5-9-1Coordinated data base Sec. 1. The commission shall provide for the development and maintenance of a coordinated licensure information system and reporting system (coordinated data base) containing licensure and disciplinary action information on all individuals to whom this compact is applicable in all compact states, as defined by the rules of the commission.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-9-2Submitting uniform data set Sec. 2. Notwithstanding any other provision of state law, a compact state shall submit a uniform data set to the coordinated data base on all licenses as required by the rules of the commission, including the following:
(1) Identifying information.
(2) Licensure data.
(3) Significant investigatory information.
(4) Adverse actions against a psychologist's license.
(5) An indicator that a psychologist's authority to practice interjurisdictional telepsychology or temporary authorization to practice is revoked.
(6) Nonconfidential information concerning alternative program participation information.
(7) Any denial of application for licensure and the reason for the denial.
(8) Other information to facilitate the administration of the compact, as determined by the rules of the commission.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-9-3Required notification by coordinated data base administrator Sec. 3. The coordinated data base administrator shall promptly notify all compact states of any:
(1) adverse action taken against; or
(2) significant investigative information on;
any licensee in a compact state.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-9-4Designation of information by compact state Sec. 4. A compact state reporting information to the coordinated data base may designate information that may not be shared with the public without the express permission of the compact state reporting the information.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-9-5Information required to be expunged Sec. 5. Any information submitted to the coordinated data base that is subsequently required to be expunged by the law of the compact state reporting the information shall be removed from the coordinated data base.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-10Chapter 10. Establishment of the Psychology Interjurisdictional Compact Commission
25-33.5-10-1Psychology interjurisdictional compact commission created; venue and judicial proceedings; sovereign immunity 25-33.5-10-2State commissioner; appointment; authority; removal; vacancy 25-33.5-10-3State commissioner; voting; participation 25-33.5-10-4Commission meetings 25-33.5-10-5Meetings open to the public; notice 25-33.5-10-6Closed meetings 25-33.5-10-7Meeting minutes 25-33.5-10-8Bylaws; closed sessions; publication and filing of bylaws; maintenance of financial records 25-33.5-10-9Commission powers 25-33.5-10-10Executive board; membership; removal of member; meetings; duties 25-33.5-10-11Commission expenses; annual assessments; accounting and audits 25-33.5-10-12Immunity; defense in civil actions; indemnification
IC 25-33.5-10-1Psychology interjurisdictional compact commission created; venue and judicial proceedings; sovereign immunity Sec. 1. (a) The compact states hereby create and establish a joint public agency known as the psychology interjurisdictional compact commission.
(b) The commission is a body politic and an instrumentality of the compact states.
(c) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent the commission adopts or consents to participate in alternative dispute resolution proceedings.
(d) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-10-2State commissioner; appointment; authority; removal; vacancy Sec. 2. (a) The commission shall consist of one (1) voting delegate appointed by each compact state who shall serve as the state's commissioner. The state psychology regulatory authority shall appoint the state's delegate.
(b) The delegate shall be empowered to act on behalf of the compact state. The delegate shall be limited to:
(1) an executive director, executive secretary, or a similar executive position;
(2) a current member of the state psychology regulatory authority of a compact state; or
(3) a designee empowered with the appropriate delegate authority to act on behalf of the compact state.
(c) Any commissioner may be removed or suspended from office as provided by the law of the state from which the commissioner is appointed. Any vacancy occurring on the commission shall be filled in accordance with the laws of the compact state in which the vacancy exists.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-10-3State commissioner; voting; participation Sec. 3. Each commissioner shall be entitled to one (1) vote concerning the promulgation of rules and the creation of bylaws, and otherwise have an opportunity to participate in the business and affairs of the commission. A commissioner shall vote in person or by any other means provided by the bylaws. The bylaws may provide for commissioners to participate in meetings by telephone or other means of communication.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-10-4Commission meetings Sec. 4. The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-10-5Meetings open to the public; notice Sec. 5. All meetings shall be open to the public, and public notice of the meetings shall be given in the same manner as required under the rulemaking provisions set forth in IC 25-33.5-11.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-10-6Closed meetings Sec. 6. (a) The commission may convene in a closed, nonpublic meeting if the commission must discuss any of the following:
(1) Noncompliance of a compact state with the compact state's obligations under the compact.
(2) The employment, compensation, discipline, other personnel matters, practices or procedures concerning specific employees, or other matters related to the commission's internal personnel practices and procedures.
(3) Current, threatened, or reasonably anticipated litigation against the commission.
(4) Negotiation of contracts for the purchase or sale of goods, services, or real estate.
(5) Accusations against any person of a crime or formal censure of a person.
(6) Disclosure of trade secrets, commercial, or financial information that is privileged or confidential.
(7) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.
(8) Disclosure of investigatory records compiled for law enforcement purposes.
(9) Disclosure of information concerning any investigatory reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility for investigation or determination of compliance issues under the compact.
(10) Matters specifically exempted from disclosure by federal or state statute.
(b) If a meeting, or portion of a meeting, is closed under subsection (a), the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-10-7Meeting minutes Sec. 7. (a) The commission shall keep minutes which fully and clearly describe all matters discussed in a meeting, and the reasons therefore, including a description of the views expressed.
(b) All documents considered in connection with an action shall be identified in the minutes.
(c) All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-10-8Bylaws; closed sessions; publication and filing of bylaws; maintenance of financial records Sec. 8. (a) The commission shall, by a majority vote of the commissioners, prescribe bylaws or rules to govern the commission's conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including the following:
(1) Establishing the fiscal year of the commission.
(2) Providing reasonable standards and procedures:
(A) for the establishment and meetings of other committees; and
(B) for the governing of any general or specific delegation of any authority or function of the commission.
(3) Providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of the meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals of any proceeding, and proprietary information, including trade secrets.
(4) Establishing the titles, duties, and authority and reasonable procedures for the election of the officers of the commission.
(5) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any other state law, the bylaws shall exclusively govern the personnel policies and programs of the commission.
(6) Promulgating a code of ethics to address permissible and prohibited activities of commission members and employees.
(7) Providing a mechanism for concluding the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of the compact after the payment or reserving of all of the commission's debts and obligations.
(b) The commission may meet in closed session only after a majority of the commissioners vote to close a meeting to the public in whole or in part. As soon as practicable, the commission must make public a copy of the vote to close the meeting revealing the vote of each commissioner with no proxy votes allowed.
(c) The commission shall publish the bylaws in a convenient form and file a copy of the bylaws and any amendments to the bylaws with the appropriate agency or officer in each compact state.
(d) The commission shall maintain the commission's financial records in accordance with the bylaws.
(e) The commission shall meet and take any action that is consistent with the provisions of the compact and the bylaws.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-10-9Commission powers Sec. 9. The commission shall have the following powers:
(1) Promulgate uniform rules to facilitate and coordinate implementation and administration of the compact. The rules shall have the force and effect of laws and shall be binding in all compact states.
(2) Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state psychology regulatory authority or other regulatory body responsible for psychology licensure to sue or be sued under applicable law shall not be affected.
(3) Purchase and maintain insurance and bonds.
(4) Borrow, accept, or contract for services of personnel, including employees of a compact state.
(5) Hire employees, elect or appoint officers, fix compensation, define duties, grant appropriate authority to individuals to carry out the purposes of the compact, and establish the commission's personnel policies and programs concerning conflicts of interest, qualifications of personnel, and other related personnel matters.
(6) Accept, receive, utilize, and dispose of any and all appropriate donations and grants of money, equipment, supplies, materials, and services.
(7) Lease, purchase, accept appropriate gifts or donations, or otherwise own, hold, improve, or use, any:
(A) real;
(B) personal; or
(C) mixed;
property, provided that at all times the commission shall strive to avoid any appearance of impropriety.
(8) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any:
(A) real;
(B) personal; or
(C) mixed;
property.
(9) Establish a budget and make expenditures.
(10) Borrow money.
(11) Appoint committees, including advisory committees, comprised of members, state regulators, state legislators or a state legislator's designee, consumer representatives, and any other interested persons as may be designated in the compact and the bylaws.
(12) Provide and receive information from, and cooperate with, law enforcement agencies.
(13) Adopt and use an official seal.
(14) Perform other functions that may be necessary or appropriate to achieve the purposes of the compact and that are consistent with the state regulation of psychology licensure, temporary in-person, face-to-face practice, and the practice of telepsychology.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-10-10Executive board; membership; removal of member; meetings; duties Sec. 10. (a) The elected officers of the commission shall serve as the executive board and have the power to act on behalf of the commission in accordance with the compact.
(b) The executive board shall be comprised of the following six (6) members:
(1) Five (5) voting members who are elected from the current membership of the commission by the commission.
(2) One (1) ex officio, nonvoting member from the recognized membership organization composed of state and provincial psychology regulatory authorities.
(c) The ex officio member must have served as staff or a member of a state psychology regulatory authority and will be selected by the respective organization.
(d) The commission may remove any member of the executive board as provided in the bylaws of the compact.
(e) The executive board shall meet at least once annually.
(f) The executive board shall have the following duties and responsibilities:
(1) Make recommendations to the entire commission for any:
(A) changes to the rules or bylaws;
(B) changes to compact legislation; and
(C) fees to be paid by compact states, including annual dues and other applicable fees.
(2) Ensure compact administration services are appropriately provided, whether by contract or otherwise.
(3) Prepare and recommend the budget.
(4) Maintain financial records on behalf of the commission.
(5) Monitor compact compliance of member states and provide compliance reports to the commission.
(6) Establish additional committees, as necessary.
(7) Perform any other duties provided in the rules or bylaws.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-10-11Commission expenses; annual assessments; accounting and audits Sec. 11. (a) The commission shall pay, or provide for the payment of, the reasonable expenses of the commission's establishment, organization, and any ongoing activities.
(b) The commission may accept any appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
(c) The commission may:
(1) levy on, and collect an annual assessment from, each compact state; or
(2) impose fees on other parties;
to cover the cost of the operations and activities of the commission and the commission's staff in an amount that is sufficient to cover the commission's annual budget as approved each year for revenue that is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula determined by the commission and promulgated through a rule binding all the compact states.
(d) The commission shall not incur any obligations of any kind before securing adequate funds to meet the obligation. The commission may not pledge the credit of any of the compact states except by and with the authority of the compact state.
(e) The commission shall keep accurate accounts of all receipts and disbursements. The commission's receipts and disbursements shall be subject to the audit and accounting procedures established under the commission's bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in, and become part of, the commission's annual report.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-10-12Immunity; defense in civil actions; indemnification Sec. 12. (a) The:
(1) members;
(2) officers;
(3) executive director;
(4) employees; and
(5) representatives;
of the commission shall be immune from each suit and liability, either personally or in the individual's official capacity, for any claim for damage to or loss of property, personal injury, or other civil liability caused by or arising out of an actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities as long as nothing may be construed to protect any individual from a suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of the individual.
(b) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the individual against whom the claim is made had a reasonable basis for believing occurred within the scope of the commission employment, duties, or responsibilities, provided that:
(1) nothing shall be construed to prohibit the individual from retaining the individual's own counsel; and
(2) the actual or alleged act, error, or omission did not result from the individual's intentional or willful or wanton misconduct.
(c) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against the individual arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the individual had reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful or wanton misconduct by the individual.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-11Chapter 11. Rulemaking
25-33.5-11-1Rulemaking powers 25-33.5-11-2Rejection of rules 25-33.5-11-3Adoption of rules 25-33.5-11-4Notice of proposed rulemaking 25-33.5-11-5Submitting written data, facts, opinions, and arguments 25-33.5-11-6Public hearing; notice; considering comments; final action on proposed rule 25-33.5-11-7Emergency rules 25-33.5-11-8Revising a previously adopted rule; opportunity to challenge
IC 25-33.5-11-1Rulemaking powers Sec. 1. The commission shall exercise the commission's rulemaking powers pursuant to the criteria set forth in this chapter and the rules adopted under this chapter. Rules and amendments shall become binding as of the date specified in each rule or amendment.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-11-2Rejection of rules Sec. 2. If a majority of the legislatures of the compact states reject a rule, by enactment of a statute or resolution in the same manner that was used to adopt the compact, then the rule shall have no further force and effect in any compact state.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-11-3Adoption of rules Sec. 3. Rules, or amendments to the rules, shall be adopted at a regular or special meeting of the commission.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-11-4Notice of proposed rulemaking Sec. 4. (a) Before promulgation and adoption of a final rule by the commission, and at least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking as follows:
(1) On the commission's website.
(2) On:
(A) the website of each compact state's psychology regulatory authority; or
(B) the publication in which each state would otherwise publish proposed rules.
(b) The notice of proposed rulemaking shall include the following:
(1) The proposed time, date, and location of the meeting in which the rule will be considered and voted upon.
(2) The text of the proposed rule or amendment and the reason for the proposed rule or amendment.
(3) A request for comments on the proposed rule from any interested person.
(4) The manner in which an interested person may submit notice to the commission of the person's intention to attend the public hearing and any written comments.
As added by P.L.65-2022, SEC.2. Amended by P.L.11-2023, SEC.86.
IC 25-33.5-11-5Submitting written data, facts, opinions, and arguments Sec. 5. Before the adoption of a proposed rule, the commission shall allow a person to submit written data, facts, opinions, and arguments to the commission and the submission shall be made available to the public.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-11-6Public hearing; notice; considering comments; final action on proposed rule Sec. 6. (a) The commission shall grant an opportunity for a public hearing before the commission adopts a rule or amendment if a hearing is requested by:
(1) at least twenty-five (25) persons who submit comments independently of each other;
(2) a governmental subdivision or agency; or
(3) a duly appointed person in an association that has at least twenty-five (25) members.
(b) If a hearing is held on the proposed rule or amendment, the commission shall publish the location, time, and date of the scheduled public hearing.
(c) Any person wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of the person's desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.
(d) The hearing shall be conducted in a manner that provides each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
(e) No transcript of the hearing is required, unless a written request for the transcription is made. If a written request for a transcript is made, the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subsection shall not preclude the commission from making a transcript or recording of the hearing if the commission chooses to do so.
(f) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
(g) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
(h) The commission shall, by a majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
(i) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-11-7Emergency rules Sec. 7. (a) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without:
(1) prior notice;
(2) opportunity for comment; or
(3) hearing;
provided that the usual rulemaking procedures provided in the compact and in this chapter shall be retroactively applied to the rule as soon as reasonably possible, and not later than ninety (90) days after the effective date of the rule.
(b) For the purposes of this section, an emergency rule is a rule that must be adopted immediately in order to:
(1) meet an imminent threat to public health, safety, or welfare;
(2) prevent a loss of commission or compact state funds;
(3) meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
(4) protect public health and safety.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-11-8Revising a previously adopted rule; opportunity to challenge Sec. 8. (a) The commission, or an authorized committee of the commission, may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the commission's Internet web site. The revision must be subject to challenge by any person for a period of thirty (30) days after posting.
(b) The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge must be made in writing and delivered to the chair of the commission before the end of the notice period.
(c) If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-12Chapter 12. Oversight, Dispute Resolution, and Enforcement
25-33.5-12-1Compact enforcement; compact standing as statutory law; judicial notice; service of process; intervention 25-33.5-12-2Default; termination from compact 25-33.5-12-3Terminating membership; notice of intent; responsibility for obligations after termination 25-33.5-12-4Commission responsibility for costs incurred 25-33.5-12-5Appeal; costs and attorney's fees 25-33.5-12-6Dispute resolution 25-33.5-12-7Commission enforcement of compact provisions and rules 25-33.5-12-8Legal action by commission against state in default; relief 25-33.5-12-9Remedies not exclusive
IC 25-33.5-12-1Compact enforcement; compact standing as statutory law; judicial notice; service of process; intervention Sec. 1. (a) The executive, legislative, and judicial branches of state government in each compact state shall enforce the compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent.
(b) The provisions of this compact and the rules promulgated under the compact shall have standing as statutory law.
(c) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a compact state pertaining to the subject matter of the compact that may affect the powers, responsibilities, or actions of the commission.
(d) The commission shall be entitled to receive service of process in any proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact, or promulgated rules.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-12-2Default; termination from compact Sec. 2. (a) If the commission determines that a compact state has defaulted in the performance of the compact state's obligations or responsibilities under this compact or the promulgated rules, the commission shall provide the following:
(1) Written notice to the defaulting state and other compact states of the nature of the default, the proposed means of remedying the default, and any other action to be taken by the commission.
(2) Remedial training and specific technical assistance concerning the default.
(b) If a state in default fails to remedy the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compact states, and all rights, privileges, and benefits conferred by this compact shall be terminated on the effective date of termination. A remedy of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-12-3Terminating membership; notice of intent; responsibility for obligations after termination Sec. 3. (a) Termination of membership in the compact shall be imposed only after all means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be submitted by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the compact states.
(b) A compact state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of the termination, including obligations that extend beyond the effective date of termination.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-12-4Commission responsibility for costs incurred Sec. 4. The commission shall not bear any costs incurred by the state that is found to be in default or that has been terminated from the compact unless agreed upon in writing by the commission and defaulting state.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-12-5Appeal; costs and attorney's fees Sec. 5. The defaulting state may appeal the action of the commission by petitioning the United States District Court for the state of Georgia or the federal district where the compact has the compact's principal offices. The prevailing member shall be awarded all costs of the litigation, including reasonable attorney's fees.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-12-6Dispute resolution Sec. 6. (a) Upon request by a compact state, the commission shall attempt to resolve disputes that arise concerning the compact among compact states and between compact and noncompact states.
(b) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes that arise before the commission.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-12-7Commission enforcement of compact provisions and rules Sec. 7. The commission, in the reasonable exercise of the commission's discretion, shall enforce the provisions and rules of the compact.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-12-8Legal action by commission against state in default; relief Sec. 8. (a) By a majority vote, the commission may initiate legal action in the United States District Court for the state of Georgia or the federal district where the compact has the compact's principal offices against a compact state in default to enforce compliance with the provisions of the compact and the commission's promulgated rules and bylaws.
(b) The relief sought may include both injunctive relief and damages.
(c) If judicial enforcement is necessary, the prevailing member shall be awarded all costs of the litigation, including reasonable attorney's fees.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-12-9Remedies not exclusive Sec. 9. The remedies in this chapter shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-13Chapter 13. Date of Implementation of the Compact, Commission, and Rules; Withdrawal and Amendments
25-33.5-13-1Compact effective date 25-33.5-13-2Application and effect of rules 25-33.5-13-3Withdrawal from compact 25-33.5-13-4Agreements or arrangements between compact and noncompact states 25-33.5-13-5Compact amendment
IC 25-33.5-13-1Compact effective date Sec. 1. The compact shall come into effect on the date on which the compact is enacted into law in the seventh compact state. The provisions that become effective shall be limited to the powers granted to the commission concerning assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-13-2Application and effect of rules Sec. 2. (a) Any state that joins the compact after the commission's initial adoption of the rules shall be subject to the rules as the rules exist on the date in which the compact becomes law in the state.
(b) Any rules that have been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in the state.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-13-3Withdrawal from compact Sec. 3. (a) Any compact state may withdraw from the compact by enacting a statute repealing the compact.
(b) A compact state's withdrawal shall not take effect until six (6) months after enactment of the repealing statute.
(c) Withdrawal from the compact shall not affect the continuing requirement of the withdrawing state's psychology regulatory authority to comply with the investigative and adverse action reporting requirements of this article before the effective date of withdrawal.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-13-4Agreements or arrangements between compact and noncompact states Sec. 4. Nothing contained in the compact shall be construed to invalidate or prevent any psychology licensure agreement or other cooperative arrangement between a compact state and a noncompact state that does not conflict with the provisions of the compact.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-13-5Compact amendment Sec. 5. The compact may be amended by the compact states. No amendment to this compact shall become effective and binding upon any compact state until the amendment is enacted into the law of all compact states.
As added by P.L.65-2022, SEC.2.
IC 25-33.5-14Chapter 14. Construction and Severability
25-33.5-14-1Liberal construction; severability
IC 25-33.5-14-1Liberal construction; severability Sec. 1. This compact shall be liberally construed so as to effectuate the purposes of the compact. If the compact shall be held to be contrary to the constitution of any state member of the compact, the compact shall remain in full force and effect as to the remaining compact states.
As added by P.L.65-2022, SEC.2.
IC 25-34ARTICLE 34. REPEALEDRepealed by Acts 1979, P.L.248, SEC.2.
IC 25-34.1ARTICLE 34.1. REAL ESTATE BROKERS AND SALESPERSONS
Ch. 1.Definitions and General Provisions Ch. 2.Creation of Commission Ch. 3.Licensing Ch. 4.Principal Brokers Ch. 4.5.Expired Ch. 5.Educational Courses Ch. 6.Enforcement Ch. 7.Real Estate Recovery Fund Ch. 8.Real Estate Appraiser Licensure and Certification Board Ch. 9.Continuing Education Ch. 10.Real Estate Agency Relationships Ch. 11.Appraisal Management Companies Ch. 12.Real Estate Agreements
IC 25-34.1-1Chapter 1. Definitions and General Provisions
25-34.1-1-1Short title 25-34.1-1-2Definitions 25-34.1-1-3Nonconflicting rules to remain in effect 25-34.1-1-4Term of license
IC 25-34.1-1-1Short title Sec. 1. This article shall be known as the "Real Estate Broker Licensing Act."
As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.127-2012, SEC.6.
IC 25-34.1-1-2Definitions Sec. 2. As used in this article:
(1) "Person" means an individual, a partnership, a corporation, or a limited liability company.
(2) "Commission" means the Indiana real estate commission.
(3) "Real estate" means any right, title, or interest in real property.
(4) "Broker" means a person who:
(A) for consideration, sells, buys, trades, exchanges, options, leases, rents, manages, lists, or appraises real estate or negotiates or offers to perform any of those acts; and
(B) is acting in association with and under the auspices of a managing broker and broker company.
(5) "License" means a broker license issued under this article and which is not expired, suspended, or revoked.
(6) "Licensee" means a person who holds a license issued under this article. The term does not include a person who holds a real estate appraiser license or certificate issued under the real estate appraiser licensure and certification program established under IC 25-34.1-3-8.
(7) "Course approval" means approval of a broker course granted under this article which is not expired, suspended, or revoked.
(8) "Licensing agency" means the Indiana professional licensing agency established by IC 25-1-5-3.
(9) "Board" refers to the real estate appraiser licensure and certification board established under IC 25-34.1-8-1.
(10) "Commercial real estate" means a parcel of real estate other than real estate containing one (1) to four (4) residential units. This term does not include single family residential units such as:
(A) condominiums;
(B) townhouses;
(C) manufactured homes; or
(D) homes in a subdivision;
when sold, leased, or otherwise conveyed on a unit-by-unit basis, even if those units are part of a larger building or parcel of real estate containing more than four (4) residential units.
(11) "Out-of-state commercial broker" includes a person, a partnership, an association, a limited liability company, a limited liability partnership, or a corporation that is licensed to do business as a broker in a jurisdiction other than Indiana.
(12) "Out-of-state commercial salesperson" includes a person affiliated with an out-of-state commercial broker who is not licensed as a broker under this article.
(13) "Managing broker" refers to an individual broker whom the commission holds responsible for the actions of licensees who are affiliated with the broker company.
(14) "Broker company" means a licensee that is a business engaged in the activities described in IC 25-34.1-3-2(a), whether as a sole proprietorship, a partnership, a limited liability company, or a corporation. In the case of a broker company that is a sole proprietorship, the individual broker who is the sole proprietor is the broker company and the managing broker for the broker company.
As added by Acts 1979, P.L.248, SEC.1. Amended by Acts 1982, P.L.113, SEC.79; P.L.132-1984, SEC.42; P.L.186-1990, SEC.11; P.L.183-1991, SEC.5; P.L.128-1994, SEC.1; P.L.64-2004, SEC.16; P.L.2-2005, SEC.71; P.L.1-2006, SEC.479; P.L.127-2012, SEC.7; P.L.200-2013, SEC.1; P.L.116-2015, SEC.1.
IC 25-34.1-1-3Nonconflicting rules to remain in effect Sec. 3. All rules adopted under the former IC 25-34 and in effect on December 31, 1979, which are not in conflict with this article shall remain in effect under IC 25-34.1 until they are amended or repealed.
As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.3-1990, SEC.91.
IC 25-34.1-1-4Term of license Sec. 4. Beginning July 1, 2014, licenses issued under this article are for a term of three (3) years and expire on the date set by the licensing agency.
As added by P.L.127-2012, SEC.8. Amended by P.L.200-2013, SEC.2.
IC 25-34.1-2Chapter 2. Creation of Commission
25-34.1-2-1Creation; members; appointments; terms; removal 25-34.1-2-2Officers; term; duties; executive director 25-34.1-2-3Meetings; time and place; quorum; written consent to action 25-34.1-2-4Compensation of members; expenses 25-34.1-2-5Powers of commission 25-34.1-2-5.1Standards for competent practice; rules 25-34.1-2-6Repealed 25-34.1-2-7Report of funds; deposit; payment of expenses; fee for investigative fund
IC 25-34.1-2-1Creation; members; appointments; terms; removal Sec. 1. (a) The Indiana real estate commission is created.
(b) Subject to IC 25-1-6.5-3, the commission consists of the following:
(1) Nine (9) members who must be a resident of a congressional district for not less than one (1) year.
(2) One (1) real estate member at large. A member appointed under this subdivision may be appointed to the commission regardless of whether the member has been a resident in a congressional district for one (1) year.
(3) Two (2) citizen members at large.
A member described in subdivision (1) or (2) must have engaged in business as a license broker for not less than five (5) years. Citizen members at large shall be appointed to represent the general public, must be residents of Indiana, and must have never been associated with the real estate business in any way other than as a consumer.
(c) Each member of the commission shall be appointed by the governor under IC 25-1-6.5.
(d) A member of the commission may not hold a state or federal elective office.
(e) A member may be removed under IC 25-1-6.5-4.
As added by Acts 1979, P.L.248, SEC.1. Amended by Acts 1981, P.L.222, SEC.259; P.L.170-2002, SEC.128; P.L.249-2019, SEC.127; P.L.197-2021, SEC.12.
IC 25-34.1-2-2Officers; term; duties; executive director Sec. 2. (a) The commission shall elect from its membership a chairman and a vice chairman. The chairman and vice chairman shall serve in that capacity for one (1) year and until a successor is elected. The chairman and vice chairman may serve consecutively no more than two (2) terms in that capacity. The chairman shall preside at all meetings. The vice chairman shall preside at meetings in the absence of the chairman and shall perform other duties as the chairman may direct.
(b) The licensing agency shall provide to the commission an executive director. The executive director may not be a member of the commission. The executive director shall:
(1) provide reasonable notice to all commission members of the time and place of each meeting;
(2) keep a record of all meetings, of all votes taken by the commission, and of all other proceedings, transactions, communications, official acts, and records of the commission;
(3) keep a current file of all licenses and licensees; and
(4) perform any other duties which the commission may prescribe.
As added by Acts 1979, P.L.248, SEC.1. Amended by Acts 1982, P.L.113, SEC.80; P.L.132-1984, SEC.43.
IC 25-34.1-2-3Meetings; time and place; quorum; written consent to action Sec. 3. (a) The commission shall meet upon the call of the chairman or at the written request of any seven (7) members of the commission. The chairman shall establish the time and place of all meetings.
(b) A majority of the current members of the commission constitutes a quorum at a meeting for the purpose of transacting business. A majority vote of all members present at a meeting is necessary to bind the commission.
(c) Any action required or permitted to be taken at a meeting of the commission may be taken without a meeting if, prior to that action:
(1) a written consent to the action, either executed as a single document or in counterparts, is signed by all members of the commission; or
(2) all members orally consent to the action and subsequently confirm that consent in writing.
The written consent or confirmation shall set forth the action under consideration and shall be filed with the minutes of the meetings which are kept by the executive director. A written consent or a confirmed oral consent shall be treated for all purposes as a unanimous vote of the members and as though the vote had taken place at a regular meeting of the commission.
As added by Acts 1979, P.L.248, SEC.1.
IC 25-34.1-2-4Compensation of members; expenses Sec. 4. (a) Each member is entitled to the minimum salary per diem as provided in IC 4-10-11-2.1(b).
(b) Each member is entitled to reimbursement for traveling and other expenses, as provided in the state travel policies and procedures established by the department of administration and approved by the state budget agency.
(c) The compensation and expenses of the commission members and the expenses of the commission shall be paid out of the general fund of the state.
As added by Acts 1979, P.L.248, SEC.1.
IC 25-34.1-2-5Powers of commission Sec. 5. The commission may:
(1) administer and enforce the provisions of this article;
(2) adopt rules in accordance with IC 4-22-2 and prescribe forms for licenses, applications, and other documents which are necessary or appropriate for the administration and enforcement of this article;
(3) issue, deny, suspend, and revoke licenses in accordance with this article, which licenses shall remain the property of the commission;
(4) subject to IC 25-1-7, investigate complaints concerning licensees or persons the commission has reason to believe should be licensees, including complaints respecting failure to comply with this article or the rules, and, when appropriate, take action pursuant to IC 25-34.1-6;
(5) bring actions, in the name of the state of Indiana, in an appropriate circuit court, superior court, or probate court in order to enforce compliance with this article or the rules;
(6) inspect the records of a licensee in accordance with rules and standards prescribed by the commission;
(7) conduct, or designate a member or other representative to conduct, public hearings on any matter for which a hearing is required under this article and exercise all powers granted in IC 4-21.5;
(8) adopt a seal containing the words "Indiana Real Estate Commission" and, through its executive director, certify copies and authenticate all acts of the commission;
(9) utilize counsel, consultants, and other persons who are necessary or appropriate to administer and enforce this article and the rules;
(10) enter into contracts and authorize expenditures that are necessary or appropriate, subject to IC 25-1-5, to administer and enforce this article and the rules;
(11) maintain the commission's office, files, records, and property in the city of Indianapolis;
(12) grant, deny, suspend, and revoke approval of examinations and courses of study as provided in IC 25-34.1-5;
(13) provide for the filing and approval of surety bonds which are required by IC 25-34.1-5;
(14) adopt rules in accordance with IC 4-22-2 necessary for the administration of the investigative fund established under IC 25-34.1-8-7.5;
(15) adopt rules under IC 4-22-2 to adopt any or all parts of Uniform Standards of Professional Appraisal Practice (USPAP), including the comments to the USPAP, as published by the Appraisal Standards Board of the Appraisal Foundation, under the authority of Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act (12 U.S.C. 3331-3351);
(16) exercise other specific powers conferred upon the commission by this article; and
(17) adopt rules under IC 4-22-2 governing education, including prelicensing, postlicensing, and continuing education.
As added by Acts 1979, P.L.248, SEC.1. Amended by Acts 1981, P.L.222, SEC.260; P.L.7-1987, SEC.129; P.L.145-2003, SEC.8; P.L.177-2009, SEC.58; P.L.127-2012, SEC.9; P.L.200-2013, SEC.3; P.L.84-2016, SEC.113; P.L.93-2024, SEC.191; P.L.29-2026, SEC.51.
IC 25-34.1-2-5.1Standards for competent practice; rules Sec. 5.1. The commission shall adopt rules establishing standards for the competent practice of the various occupations regulated in this article.
As added by Acts 1981, P.L.222, SEC.261.
IC 25-34.1-2-6RepealedAs added by Acts 1979, P.L.248, SEC.1. Amended by Acts 1981, P.L.222, SEC.262; P.L.145-2003, SEC.9; P.L.87-2006, SEC.1; P.L.177-2006, SEC.10. Repealed by P.L.57-2007, SEC.9.
IC 25-34.1-2-7Report of funds; deposit; payment of expenses; fee for investigative fund Sec. 7. (a) Except as provided in subsection (b), all funds collected under this article shall, at the end of each month, be reported to the state comptroller and deposited with the treasurer of state for deposit in the general fund. All expenses incurred in the administration of this article shall be paid from the general fund.
(b) The commission shall establish a fee of not more than twenty dollars ($20) for real estate brokers to provide funds for the purpose of administering and enforcing the provisions of this article, including investigating and taking enforcement action against real estate fraud and real estate appraisal fraud. All funds collected under this subsection shall be deposited in the investigative fund established by IC 25-34.1-8-7.5.
As added by P.L.57-2007, SEC.2. Amended by P.L.127-2012, SEC.10; P.L.9-2024, SEC.470.
IC 25-34.1-3Chapter 3. Licensing
25-34.1-3-1Registration or license requirements; fees or charges 25-34.1-3-2Transactions without license; prohibition; exemption 25-34.1-3-3Repealed 25-34.1-3-3.1Repealed 25-34.1-3-4Repealed 25-34.1-3-4.1Requirements for broker's license 25-34.1-3-4.5Broker compensation 25-34.1-3-5Licensing of nonresident; consent to service of process; waiver 25-34.1-3-6Change of name, business address, or association of licensee or managing broker 25-34.1-3-7Repealed 25-34.1-3-8Real estate appraiser licensure and certification program; necessity for licensure or certification 25-34.1-3-9Repealed 25-34.1-3-9.5Fees; real estate appraiser licensure and certification program 25-34.1-3-10Inactive license requirements; continuing education; reactivation requirements 25-34.1-3-10.5"Referral status" 25-34.1-3-11Acts permitted by unlicensed out-of-state commercial broker; written consent 25-34.1-3-12Criminal convictions
IC 25-34.1-3-1Registration or license requirements; fees or charges Sec. 1. Any agency or political subdivision of the state other than the commission may not impose any registration or license requirement or any license or employment fee or charge on licensees on account of activities defined in IC 25-34.1.
As added by Acts 1979, P.L.248, SEC.1.
IC 25-34.1-3-2Transactions without license; prohibition; exemption Sec. 2. (a) Except as provided in:
(1) subsection (b);
(2) section 8(i) of this chapter; and
(3) section 11 of this chapter;
no person shall, for consideration, sell, buy, trade, exchange, option, lease, rent, manage, list, or appraise real estate or negotiate or offer to perform any of those acts in Indiana or with respect to real estate situated in Indiana, without a license.
(b) This article does not apply to:
(1) acts of an attorney which constitute the practice of law;
(2) performance by a public official of acts authorized by law;
(3) acts of a receiver, executor, administrator, commissioner, trustee, or guardian, respecting real estate owned or leased by the person represented, performed pursuant to court order or a will;
(4) rental, for periods of less than thirty (30) days, of rooms, lodging, or other accommodations, by any commercial hotel, motel, tourist facility, or similar establishment which regularly furnishes such accommodations for consideration;
(5) rental of residential apartment units by an individual employed or supervised by a licensed broker;
(6) rental of apartment units which are owned and managed by a person whose only activities regulated by this article are in relation to a maximum of twelve (12) apartment units which are located on a single parcel of real estate or on contiguous parcels of real estate;
(7) referral of real estate business by a broker or referral company which is licensed under the laws of another state, to or from brokers licensed by this state;
(8) acts performed by a person in relation to real estate owned by that person unless that person is licensed under this article, in which case the article does apply to that person;
(9) acts performed by a regular, full-time, salaried employee of a person in relation to real estate owned or leased by that person unless the employee is licensed under this article, in which case the article does apply to that person;
(10) conduct of a sale at public auction by a licensed auctioneer pursuant to IC 25-6.1;
(11) sale, lease, or other transfer of interests in cemetery lots;
(12) acts of a broker, who is licensed under the laws of another state, which are performed pursuant to, and under restrictions provided by, written permission that is granted by the commission in its sole discretion, except that such a person shall comply with the requirements of section 5(c) of this chapter; and
(13) the performance of an evaluation of real property by an employee, an officer, a director, or a member of a credit or loan committee of a financial institution, or by any other person engaged by a financial institution, in a transaction for which the financial institution would not be required to use the services of a state licensed appraiser under regulations adopted under Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3331 et seq.).
As added by Acts 1979, P.L.248, SEC.1. Amended by Acts 1982, P.L.156, SEC.1; P.L.183-1991, SEC.6; P.L.64-2004, SEC.17; P.L.127-2012, SEC.11; P.L.45-2016, SEC.1.
IC 25-34.1-3-3RepealedAs added by Acts 1979, P.L.248, SEC.1. Amended by Acts 1981, P.L.222, SEC.263. Repealed by Acts 1982, P.L.156, SEC.4.
IC 25-34.1-3-3.1RepealedAs added by Acts 1982, P.L.156, SEC.2. Amended by P.L.255-1987, SEC.2; P.L.214-1993, SEC.82; P.L.128-1994, SEC.2; P.L.236-1995, SEC.49; P.L.182-1996, SEC.1; P.L.194-2005, SEC.85; P.L.157-2006, SEC.71; P.L.105-2008, SEC.62. Repealed by P.L.127-2012, SEC.12.
IC 25-34.1-3-4RepealedAs added by Acts 1979, P.L.248, SEC.1. Amended by Acts 1981, P.L.222, SEC.264. Repealed by Acts 1982, P.L.156, SEC.4.
IC 25-34.1-3-4.1Requirements for broker's license Sec. 4.1. (a) To obtain a broker license, an individual must:
(1) be at least eighteen (18) years of age before applying for a license and must not have a conviction for:
(A) an act that would constitute a ground for disciplinary sanction under IC 25-1-11;
(B) a crime that has a direct bearing on the individual's ability to practice competently; or
(C) a crime that indicates the individual has the propensity to endanger the public;
(2) have a high school diploma or a general educational development (GED) diploma under IC 20-20-6 (before its repeal) or IC 22-4.1-18;
(3) have successfully completed an approved broker course of study as prescribed in IC 25-34.1-5-5;
(4) apply for a license by submitting the application fee prescribed by the commission and an application specifying:
(A) the name, address, and age of the applicant;
(B) the broker company with which the applicant intends to associate;
(C) the address of the broker company;
(D) proof of compliance with subdivisions (2) and (3); and
(E) any other information the commission requires;
(5) pass a written examination prepared and administered by the commission or its duly appointed agent; and
(6) within one (1) year after passing the commission examination, submit the license fee established by the commission under IC 25-1-8-2. If an individual applicant fails to file a timely license fee, the commission shall void the application and may not issue a license to that applicant unless that applicant again complies with the requirements of subdivisions (4) and (5) and this subdivision.
(b) To obtain a broker license, a partnership must:
(1) have as partners only individuals who are licensed brokers;
(2) have at least one (1) partner who qualifies as a managing broker under IC 25-34.1-4-0.5 and IC 25-34.1-4-3;
(3) cause each employee of the partnership who acts as a broker to be licensed; and
(4) submit the license fee established by the commission under IC 25-1-8-2 and an application setting forth the name and residence address of each partner and the information prescribed in subsection (a)(4).
(c) To obtain a broker license, a corporation must:
(1) have a licensed broker who qualifies as a managing broker under IC 25-34.1-4-0.5 and IC 25-34.1-4-3;
(2) cause each employee of the corporation who acts as a broker to be licensed; and
(3) submit the license fee established by the commission under IC 25-1-8-2, an application setting forth the name and residence address of each officer and the information prescribed in subsection (a)(4), a copy of the certificate of incorporation, and a certificate of good standing of the corporation issued by the secretary of state.
(d) To obtain a broker license, a limited liability company must:
(1) if a member-managed limited liability company:
(A) have as members only individuals who are licensed brokers; and
(B) have at least one (1) member who qualifies as a managing broker under IC 25-34.1-4-0.5 and IC 25-34.1-4-3;
(2) if a manager-managed limited liability company, have a licensed broker who qualifies as a managing broker under IC 25-34.1-4-0.5 and IC 25-34.1-4-3;
(3) cause each employee of the limited liability company who acts as a broker to be licensed; and
(4) submit the license fee established by the commission under IC 25-1-8-2 and an application setting forth the information prescribed in subsection (a)(4), together with:
(A) if a member-managed company, the name and residence address of each member; or
(B) if a manager-managed company, the name and residence address of each manager, or of each officer if the company has officers.
(e) Licenses granted to partnerships, corporations, and limited liability companies are issued, expire, are renewed, and are effective on the same terms as licenses granted to individual brokers, except as provided in subsection (h), and except that expiration or revocation of the license of:
(1) any partner in a partnership or all individuals in a corporation satisfying subsection (c)(1); or
(2) a member in a member-managed limited liability company or all individuals in a manager-managed limited liability company satisfying subsection (d)(2);
terminates the license of that partnership, corporation, or limited liability company.
(f) Upon the applicant's compliance with the requirements of subsection (a), (b), or (c), the commission shall issue the applicant a broker license and an identification card which certifies the issuance of the license and indicates the expiration date of the license. The license shall be displayed at the broker's place of business. For at least two (2) years after the issuance of a license, the individual cannot be a managing broker. An individual who applies for a broker's license after June 30, 2014, must, during the first two (2) years after the license is issued, take and pass at least thirty (30) hours of postlicensing education focused on the practical matters of real estate transactions instead of the continuing education requirements under IC 25-34.1-9.
(g) Subject to IC 25-1-2-6(e), unless the license is renewed, a broker license expires, for individuals, on a date specified by the licensing agency under IC 25-1-5-4 and expires three (3) years after the initial expiration date. An applicant for renewal shall submit an application in the manner prescribed by the commission and pay the renewal fee established by the commission under IC 25-1-8-2 on or before the renewal date specified by the licensing agency. If the holder of a license does not renew the license by the date specified by the licensing agency, the license expires and becomes invalid without the commission taking any action.
(h) Subject to IC 25-1-2-6(e), if the holder of a license under this section fails to renew the license on or before the date specified by the licensing agency, the license may be reinstated by the commission if the holder of the license, not later than three (3) years after the expiration of the license, meets the requirements of IC 25-1-8-6(c).
(i) If a license under this section has been expired for more than three (3) years, the license may be reinstated by the commission if the holder meets the requirements for reinstatement under IC 25-1-8-6(d).
(j) A partnership, corporation, or limited liability company may be only a broker company, except as authorized in IC 23-1.5 and subject to section 4.5 of this chapter. An individual broker who associates with a broker company shall immediately notify the commission:
(1) of the name and business address of the broker company with which the individual broker is associating; and
(2) of any changes of the broker company with which the individual broker is associated that may occur.
Upon receiving notice under subdivision (1) or (2), the commission shall change the address of the individual broker on its records to that of the broker company.
As added by Acts 1982, P.L.156, SEC.3. Amended by P.L.255-1987, SEC.3; P.L.5-1988, SEC.139; P.L.214-1993, SEC.83; P.L.128-1994, SEC.3; P.L.229-1995, SEC.6; P.L.236-1995, SEC.50; P.L.182-1996, SEC.2; P.L.64-2004, SEC.18; P.L.194-2005, SEC.86; P.L.157-2006, SEC.72; P.L.105-2008, SEC.63; P.L.127-2012, SEC.13; P.L.116-2015, SEC.2; P.L.177-2015, SEC.72; P.L.32-2020, SEC.1; P.L.29-2026, SEC.52.
IC 25-34.1-3-4.5Broker compensation Sec. 4.5. (a) A broker company may pay compensation directly to a business entity that is owned by a broker and associated with the broker company and that has been formed for the purpose of receiving compensation earned by the broker.
(b) A business entity that receives compensation from a broker company as provided for in this section:
(1) is not required to be licensed as a broker company; and
(2) must be owned:
(A) solely by the broker; or
(B) by the broker and the broker's spouse, if the spouse is not licensed.
As added by P.L.32-2020, SEC.2.
IC 25-34.1-3-5Licensing of nonresident; consent to service of process; waiver Sec. 5. (a) A resident of another state who meets the requirements of this chapter may be licensed.
(b) A nonresident broker shall file with the commission a written consent that any action arising out of the conduct of the licensee's business in Indiana may be commenced in any county of this state in which the cause of action accrues. The consent shall provide that service of process may be made upon the commission, as agent for the nonresident licensee, and that service in accordance with the Indiana Rules of Trial Procedure subjects the licensee to the jurisdiction of the courts in that county.
(c) The requirements of subsections (a) and (b) may be waived for individuals who reside in or are moving from other jurisdictions if the following requirements are met:
(1) The jurisdiction grants the same privilege to the licensees of this state.
(2) The individual is licensed in that jurisdiction.
(3) The licensing requirements of that jurisdiction are substantially similar to the requirements of this chapter.
(4) The applicant states that the applicant has studied, is familiar with, and will abide by the statutes and rules of this state.
However, subdivision (1) need not be met in order for the requirements of subsections (a) and (b) to be waived in the case of an individual moving to Indiana from another jurisdiction.
As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.255-1987, SEC.4; P.L.64-2004, SEC.19; P.L.127-2012, SEC.14; P.L.116-2015, SEC.3.
IC 25-34.1-3-6Change of name, business address, or association of licensee or managing broker Sec. 6. Each licensee and each licensee's managing broker, if any, shall notify the commission immediately of any change of name, name under which the licensee transacts business, business address, or association.
As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.127-2012, SEC.15.
IC 25-34.1-3-7RepealedAs added by Acts 1979, P.L.248, SEC.1. Repealed by Acts 1981, P.L.222, SEC.296.
IC 25-34.1-3-8Real estate appraiser licensure and certification program; necessity for licensure or certification Sec. 8. (a) This section does not preclude a person who:
(1) is not licensed or certified as a real estate appraiser under this section; and
(2) is licensed as a broker under this article;
from appraising real estate in Indiana for compensation.
(b) As used in this section, "federal act" refers to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act (12 U.S.C. 3331 through 3351).
(c) The commission shall adopt rules to establish a real estate appraiser licensure and certification program to be administered by the board.
(d) The commission may not adopt rules under this section except upon the action and written recommendations of the board under IC 25-34.1-8-6.5.
(e) The real estate appraiser licensure and certification program established by the commission under this section must meet the requirements of:
(1) the federal act;
(2) any federal regulations adopted under the federal act; and
(3) any other requirements established by the commission as recommended by the board, including requirements for education, experience, examination, reciprocity, and temporary practice.
(f) The real estate appraiser licensure and certification requirements established by the commission under this section must require a person to meet the standards for real estate appraiser certification and licensure established:
(1) under the federal act;
(2) by federal regulations; and
(3) under any other requirements established by the commission as recommended by the board, including requirements for education, experience, examination, reciprocity, and temporary practice.
(g) The commission may require continuing education as a condition of renewal for real estate appraiser licensure and certification.
(h) The following are not required to be a licensed or certified real estate appraiser to perform the requirements of IC 6-1.1-4:
(1) A county assessor.
(2) A township assessor.
(3) An employee of a county or township assessor.
(i) Notwithstanding IC 25-34.1-3-2(a):
(1) only a person who receives a license or certificate issued under the real estate appraiser licensure and certification program established under this section may appraise real estate involved in transactions governed by:
(A) the federal act; and
(B) any regulations adopted under the federal act;
as determined under rules adopted by the commission, as recommended by the board; and
(2) a person who receives a license or certificate issued under the real estate appraiser licensure and certification program established under this section may appraise real estate not involved in transactions governed by:
(A) the federal act; and
(B) any regulations adopted under the federal act;
as determined under rules adopted by the commission, as recommended by the board.
As added by P.L.186-1990, SEC.12. Amended by P.L.183-1991, SEC.7; P.L.57-2007, SEC.3; P.L.146-2008, SEC.530.
IC 25-34.1-3-9RepealedAs added by P.L.186-1990, SEC.13. Amended by P.L.183-1991, SEC.8; P.L.145-2003, SEC.10; P.L.87-2006, SEC.2; P.L.177-2006, SEC.11. Repealed by P.L.57-2007, SEC.9.
IC 25-34.1-3-9.5Fees; real estate appraiser licensure and certification program Sec. 9.5. (a) The commission shall establish fees under IC 25-1-8-2 to implement section 8 of this chapter.
(b) Notwithstanding IC 25-1-8-2, a fee established under IC 25-1-8-2 to implement section 8 of this chapter may not be less than fifty dollars ($50).
(c) The commission shall establish fees to provide funding for the investigative fund established by IC 25-34.1-8-7.5. The fees under this subsection may not be more than twenty dollars ($20).
(d) The board may collect a fee required by federal law and transmit the fees to the federal government as required by federal law.
(e) A fee described in subsection (a) is in addition to any fees required by federal law.
As added by P.L.57-2007, SEC.4.
IC 25-34.1-3-10Inactive license requirements; continuing education; reactivation requirements Sec. 10. (a) A broker licensed under section 4.1 of this chapter may apply for and receive an inactive license from the commission.
(b) An individual may not be granted an inactive license without the approval of the commission if a disciplinary or suspension hearing is pending against the individual.
(c) An individual with an inactive license:
(1) may not perform an act that requires a broker's license;
(2) is not required to fulfill the continuing education requirements under IC 25-34.1-9;
(3) is required to pay any fees that a licensee is required to pay; and
(4) must fulfill the:
(A) requirements under IC 25-34.1-9-11 for the current licensing period; or
(B) postlicensing education requirements as described in subsection (f);
whichever is applicable, before applying for reactivation of the individual's license.
(d) Notwithstanding IC 25-34.1-9-11(2), the commission may adopt rules under IC 4-22-2 establishing continuing education requirements for individuals who have reactivated a license with less than twelve (12) months remaining in the licensing period.
(e) A valid inactive salesperson license issued before July 1, 2014, under subsection (a), becomes a broker's license on July 1, 2014.
(f) Notwithstanding subsection (c), an individual whose salesperson's license becomes a broker's license under subsection (e) may not perform an act that requires a broker's license under this article unless the individual does all of the following:
(1) Completes at least twenty-four (24) hours of the education described in IC 25-34.1-5-5.
(2) Meets the requirements to be a licensed broker under IC 25-34.1-3-4.1.
(3) Attests to the commission that the individual has completed the twenty-four (24) hours of education described in subdivision (1).
(g) Beginning July 1, 2014, a person who was licensed as a salesperson under section 3.1 of this chapter, before its repeal, and who applies for reactivation must complete the twenty-four (24) hour course required to become a broker under this article. The course described under this subsection may count toward the person's continuing education requirements.
(h) Beginning June 30, 2014, a broker licensed after June 30, 2014, who becomes inactive before completing the thirty (30) hour postlicensing education required under section 4.1(f) of this chapter, must complete the thirty (30) hours of postlicensure education before reactivation of the broker's license.
As added by P.L.120-1992, SEC.1. Amended by P.L.157-2006, SEC.73; P.L.127-2012, SEC.16; P.L.200-2013, SEC.4; P.L.200-2013, SEC.5.
IC 25-34.1-3-10.5"Referral status" Sec. 10.5. (a) For purposes of this section, "referral status" means that the commission has granted an applicant of a license a waiver under IC 25-34.1-9-19 as a result of the applicant meeting the requirements under IC 25-34.1-9-19(2).
(b) For purposes of this section, "salesperson" has the meaning set forth in IC 25-34.1-1-2(5) (before that subdivision was removed).
(c) For purposes of this section, "salesperson's license" means a license issued under section 3.1 of this chapter (before its repeal).
(d) Subject to subsection (e), the following applies to an individual whose salesperson's license is in referral status on June 30, 2014:
(1) On July 1, 2014, the salesperson's license of the individual becomes a broker's license under this article.
(2) The individual may continue to make referrals to a licensed broker after June 30, 2014.
(e) An individual whose salesperson's license becomes a broker's license under subsection (d) may only make referrals to a licensed broker and may not perform any other act that requires a broker's license under this article unless the individual does all of the following:
(1) Completes at least twenty-four (24) hours of the education described in IC 25-34.1-5-5.
(2) Meets the requirements to be a licensed broker under IC 25-34.1-3-4.1.
(3) Attests to the commission that the individual has completed the twenty-four (24) hours of education described in subdivision (1).
(f) If:
(1) a broker is licensed under this article after June 30, 2014; and
(2) the broker's license is placed on referral status before the broker completes the thirty (30) hours of postlicensing education required under section 4.1(f) of this chapter;
the broker must complete the thirty (30) hours of postlicensing education before the broker's license may be moved from referral status and the broker may perform acts that require a broker's license under this article beyond making referrals to licensed brokers.
As added by P.L.127-2012, SEC.17.
IC 25-34.1-3-11Acts permitted by unlicensed out-of-state commercial broker; written consent Sec. 11. (a) An out-of-state commercial broker, for a fee, commission, or other valuable consideration, or in expectation, or upon the promise of receiving or collecting a fee, commission, or other valuable consideration, may perform acts with respect to commercial real estate that require a license under this article without a license under this article, if the out-of-state commercial broker does all of the following:
(1) Works in cooperation with a broker who holds a valid license issued under this article.
(2) Enters into a written agreement with the broker described in subdivision (1) that includes the terms of cooperation and compensation and a statement that the out-of-state commercial broker and the broker's agents will comply with the laws of this state.
(3) Furnishes the broker described in subdivision (1) with a copy of the out-of-state commercial broker's current certificate of good standing or other proof of a license in good standing from a jurisdiction where the out-of-state commercial broker maintains a valid real estate license.
(4) Files an irrevocable written consent with the commission that legal actions arising out of the conduct of the out-of-state commercial broker or the broker's agents may be commenced against the out-of-state commercial broker in a court with jurisdiction in a county in Indiana in which the cause of action accrues.
(5) Advertises in compliance with state law and includes the name of the broker described in subdivision (1) in all advertising.
(6) Deposits all escrow funds, security deposits, and other money received by either the out-of-state commercial broker or the broker described in subdivision (1) in a trust account maintained by the broker described in subdivision (1).
(7) Deposits all documentation required by this section and records and documents related to the transaction with the broker described in subdivision (1).
(b) The broker described in subsection (a)(1) shall retain the documentation that is provided by the out-of-state commercial broker as required under this section, and the records and documents related to a transaction, for at least five (5) years.
(c) An out-of-state commercial salesperson may perform acts with respect to commercial real estate that require a broker to be licensed under this article without a license under this article if the out-of-state commercial salesperson meets all of the following requirements:
(1) The out-of-state commercial salesperson:
(A) is licensed with and works under the direct supervision of the out-of-state commercial broker;
(B) provides the broker described in subsection (a)(1) with a copy of the out-of-state commercial salesperson's current certificate of good standing or other proof of a license in good standing from the jurisdiction where the out-of-state commercial salesperson maintains a valid real estate license in connection with the out-of-state commercial broker; and
(C) collects money, including:
(i) commissions;
(ii) deposits;
(iii) payments;
(iv) rentals; or
(v) escrow funds;
only in the name of and with the consent of the out-of-state commercial broker under whom the out-of-state commercial salesperson is licensed.
(2) The out-of-state commercial broker described in subdivision (1)(A) meets all of the requirements of subsection (a).
(d) An out-of-state commercial broker or out-of-state commercial salesperson acting under this section shall file a written consent as provided in section 5(b) of this chapter.
As added by P.L.64-2004, SEC.20. Amended by P.L.127-2012, SEC.18.
IC 25-34.1-3-12Criminal convictions Sec. 12. A licensee who is convicted of a crime (as defined in IC 33-23-1-4) shall send a copy of the:
(1) complaint or other information that describes the crime; and
(2) judgment of conviction;
to the commission not more than thirty (30) days after the date of the conviction.
As added by P.L.87-2006, SEC.3.
IC 25-34.1-4Chapter 4. Principal Brokers
25-34.1-4-0.5Prerequisites to becoming a managing broker 25-34.1-4-0.6Real estate schools 25-34.1-4-1Responsibilities of broker company 25-34.1-4-2Partnership, corporation, or limited liability company as broker company 25-34.1-4-3Residency requirements of managing brokers; certain nonresidents may be managing brokers 25-34.1-4-3.1Individuals who became managing brokers on July 1, 2014 25-34.1-4-4Independent contractor relationship 25-34.1-4-5Trust accounts 25-34.1-4-6Death of sole proprietor or partner; carrying out business contracted before death; brokers associated with broker company
IC 25-34.1-4-0.5Prerequisites to becoming a managing broker Sec. 0.5. Except as provided in section 6 of this chapter, to become a managing broker, an individual must:
(1) hold an active broker's license for at least three (3) years;
(2) take and pass at least twenty-four (24) hours of broker management courses approved by the commission; and
(3) pass a written examination prepared and administered by the commission or its duly appointed agent.
As added by P.L.127-2012, SEC.19. Amended by P.L.116-2015, SEC.4; P.L.166-2025, SEC.2.
IC 25-34.1-4-0.6Real estate schools Sec. 0.6. Beginning July 1, 2013, a real estate school may offer courses described in section 0.5(2) of this chapter. An individual who takes and passes a course offered under this section is entitled to credit under section 0.5(2) of this chapter for the hours taken and passed under the course, regardless of whether the individual takes and passes the course before, on, or after July 1, 2014.
As added by P.L.200-2013, SEC.6.
IC 25-34.1-4-1Responsibilities of broker company Sec. 1. A broker company and its managing broker are responsible under this article for the actions of any broker who is associated with the broker company. Any broker company that maintains two (2) or more separate offices for associated licensees shall notify the commission of the name and address of the broker who manages each office.
As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.127-2012, SEC.20; P.L.116-2015, SEC.5.
IC 25-34.1-4-2Partnership, corporation, or limited liability company as broker company Sec. 2. Except as provided in IC 23-1.5, a partnership broker, corporate broker, or limited liability company broker:
(1) may act only as a broker company; and
(2) shall designate to the commission a managing broker who meets the requirements for managing brokers set forth in IC 25-34.1-3-4.1 to be primarily responsible to the commission for its actions.
As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.128-1994, SEC.4; P.L.229-1995, SEC.7; P.L.127-2012, SEC.21; P.L.116-2015, SEC.6.
IC 25-34.1-4-3Residency requirements of managing brokers; certain nonresidents may be managing brokers Sec. 3. (a) Except as provided in subsection (b), each individual who is a managing broker shall be a resident of Indiana.
(b) A nonresident may be a managing broker if none of the licensees associated with the managing broker's broker company are residents of Indiana.
As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.128-1994, SEC.5; P.L.64-2004, SEC.21; P.L.127-2012, SEC.22; P.L.116-2015, SEC.7.
IC 25-34.1-4-3.1Individuals who became managing brokers on July 1, 2014 Sec. 3.1. An individual who, on June 30, 2014, was:
(1) a principal broker; or
(2) the designated individual broker under IC 25-34.1-4-2 (as in effect on June 30, 2014) of a partnership broker, corporate broker, or limited liability company broker;
became a managing broker on July 1, 2014.
As added by P.L.116-2015, SEC.8.
IC 25-34.1-4-4Independent contractor relationship Sec. 4. Notwithstanding IC 23-1.5, the association of a broker with a broker company, as provided by this article, creates an independent contractor relationship unless otherwise specified by a written contract entered into by the broker company and the broker.
As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.229-1995, SEC.8; P.L.127-2012, SEC.23; P.L.116-2015, SEC.9.
IC 25-34.1-4-5Trust accounts Sec. 5. (a) Each broker company shall do the following:
(1) Maintain one (1) or more trust accounts (interest or noninterest bearing).
(2) Deposit into a trust account described in subdivision (1) all funds belonging to others that come into the possession of the broker company or of any broker whose license the broker company is holding.
(3) Clearly identify any account that is a trust account.
The trust accounts shall contain all earnest money deposits, funds held for closing escrows, sale proceeds not yet disbursed, and all other funds belonging to others.
(b) The broker company shall not use any trust account for the deposit of any personal funds or other business funds and shall keep a detailed record of the funds and any interest accrued in each trust account that identifies the amount of funds held for each beneficiary. Any interest earned shall be held for the beneficiary.
(c) Upon:
(1) the death of the sole proprietor, in the case of a sole proprietorship broker company;
(2) the termination of a broker company; or
(3) the expiration, revocation, or suspension of a broker company's license;
the commission shall take custody of each trust account of the broker company and may appoint a successor trustee to protect and distribute the proceeds of that account.
As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.255-1987, SEC.5; P.L.114-2010, SEC.22; P.L.127-2012, SEC.24; P.L.116-2015, SEC.10; P.L.166-2025, SEC.3.
IC 25-34.1-4-6Death of sole proprietor or partner; carrying out business contracted before death; brokers associated with broker company Sec. 6. (a) In the event of:
(1) the death of the sole proprietor of a sole proprietorship broker company; or
(2) the termination of a partnership broker company by the death of a partner;
a broker formerly associated with the broker company may continue to carry out business contracted for before the death of the sole proprietor or termination of the broker company for a maximum period of ninety (90) days after the death or termination. During that period, the broker shall maintain a trust account as provided in section 5 of this chapter. However, until associating with another broker company, the broker may not undertake any new business.
(b) Upon associating with a new broker company, the broker may conduct on behalf of the deceased proprietor or terminated managing broker only that business which is necessary to complete obligations assumed while associated with the broker company. All other acts performed by the broker shall be performed in association with the new managing broker.
(c) Each broker formerly associated with the deceased or terminated managing broker becomes, upon the death or termination of the managing broker, a managing broker by law until the broker elects to act as a broker for another broker company.
(d) This section applies only to matters of licensing and responsibility under this article and does not affect the transfer of the deceased broker's property interests as provided by IC 29 and other laws of succession.
As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.127-2012, SEC.25; P.L.116-2015, SEC.11.
IC 25-34.1-4.5Chapter 4.5. ExpiredExpired 12-31-2014 by P.L.127-2012, SEC.26.
IC 25-34.1-5Chapter 5. Educational Courses
25-34.1-5-1Approval and permit required for broker course 25-34.1-5-2Application for approval 25-34.1-5-3Bond; obligee; requirements; liability; continuity; cancellation 25-34.1-5-4Approval of broker education courses 25-34.1-5-5Curriculum 25-34.1-5-6Commission's considerations; factors 25-34.1-5-7Expiration of approval and permit; renewal 25-34.1-5-8Inspection of records and facilities 25-34.1-5-9Denial, suspension, or revocation of approval and permit 25-34.1-5-10Prohibited advertising 25-34.1-5-11Additional fees for review class prohibited 25-34.1-5-12Real estate education advisory council makes course recommendations 25-34.1-5-13Instructor permits 25-34.1-5-15Real estate schools
IC 25-34.1-5-1Approval and permit required for broker course Sec. 1. No person shall conduct, solicit or accept student enrollment for a broker course as prescribed in this chapter without:
(1) the approval of the course by the commission; and
(2) the issuance of a permit under section 15 of this chapter.
As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.127-2012, SEC.27; P.L.116-2015, SEC.12.
IC 25-34.1-5-2Application for approval Sec. 2. To obtain course approval, a person must apply to the commission by submitting a bond in the amount of ten thousand dollars ($10,000) and an application which includes a copy of the accreditation certificate issued by the appropriate accreditation body, if any, a detailed teaching syllabus, a proposed certificate to be issued to students who successfully complete the course, and other information and documents which may be required by the commission. If the course is to be conducted by a corporation, the application shall also include the names and residence addresses of all directors and officers, a copy of the certificate of incorporation, and a certificate of good standing of the corporation issued by the secretary of state of Indiana.
As added by Acts 1979, P.L.248, SEC.1.
IC 25-34.1-5-3Bond; obligee; requirements; liability; continuity; cancellation Sec. 3. (a) The commission shall be the obligee under the bond.
(b) The bond shall be:
(1) executed by the person seeking course approval and by a corporate surety, licensed to do business in the state, as surety;
(2) in such form and with such terms and conditions as the commission may require;
(3) conditioned upon faithful compliance with all requirements of an approved course as provided by this article and the commission's regulations; and
(4) effective from its effective date and continue in effect until cancelled.
The total and aggregate liability of the surety on a bond is limited to the amount specified in the bond and the continuous nature of the bond may in no event be construed as allowing the liability of the surety under a bond to accumulate for each successive approval period during which the bond is in force.
(c) To provide continuous bonding of the school's activities, a school providing an approved course may not cancel a bond without the commission's prior written approval of cancellation and approval of a substitute bond.
(d) The surety on a bond may cancel a bond filed under this article only after ninety (90) days from the date the surety mails a notice of intent to cancel, by registered or certified mail with return receipt requested, to the commission and to the school.
(e) To provide continuous bond coverage of the school's activities, the school shall give written notice to the commission, not later than thirty (30) days prior to the date upon which a bond cancellation becomes effective, that a new bond has been obtained.
As added by Acts 1979, P.L.248, SEC.1.
IC 25-34.1-5-4Approval of broker education courses Sec. 4. (a) To obtain approval of a broker course, a school shall:
(1) provide the curriculum prescribed in section 5 of this chapter;
(2) have no more than thirty-five (35) students per instructor per classroom;
(3) provide adequate educational facilities and supportive personnel as is necessary to implement the purpose of this article;
(4) schedule not more than the maximum number of hours of instruction established by the commission in any twenty-four (24) hour period;
(5) administer at least two (2) written examinations during the broker course which are approved, and passing scores established, by the commission;
(6) within thirty (30) days of the end of each course, submit to the commission the names and addresses of those students who successfully complete the course;
(7) maintain records of students who successfully complete and pass the course of study for a minimum of five (5) years or, in the event the school should cease operation, the owner shall provide a custodian acceptable to the commission to keep those records and provide copies to students at the fee in effect when the school ceases operation; and
(8) meet any other standards the commission may establish by regulation.
(b) Any instruction conducted in a broker office does not apply to the minimum hour requirements of section 5 of this chapter.
As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.127-2012, SEC.28.
IC 25-34.1-5-5Curriculum Sec. 5. The required curriculum for brokers shall consist of a total of at least ninety (90) hours of instruction and shall include the following subjects: principles, practices, Indiana license law and professional standards, law of agency, contracts, financing, settlement procedures, escrow responsibility, recordkeeping, government regulations, and appraising.
As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.127-2012, SEC.29.
IC 25-34.1-5-6Commission's considerations; factors Sec. 6. In determining whether to grant approval of the curriculum, the commission shall consider, in addition to the requirements of sections 4 and 5 of this chapter, the following factors: accreditation, administration, ownership, instructors' qualifications, director's qualifications, course records, textbooks and related materials, cost of tuition and materials, and other means of evaluation as the commission establishes by regulation.
As added by Acts 1979, P.L.248, SEC.1.
IC 25-34.1-5-7Expiration of approval and permit; renewal Sec. 7. (a) The following expire on December 31 of each calendar year:
(1) The approval of a course by the commission.
(2) A permit issued under section 15 of this chapter.
(b) To obtain renewal of approval for the ensuing calendar year, the school must submit to the commission by November 30 of the current year:
(1) a letter requesting renewal;
(2) an annual report; and
(3) a bond in the amount of twenty percent (20%) of the previous year's total tuition, but in no event less than ten thousand dollars ($10,000) or more than fifty thousand dollars ($50,000).
As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.116-2015, SEC.13.
IC 25-34.1-5-8Inspection of records and facilities Sec. 8. Each school conducting an approved course shall allow the commission to inspect its records and facilities. Each school shall report any significant proposed change in curriculum, faculty, or facilities to the commission at least thirty (30) days before the change, if possible. No change is effective unless it is approved by the commission.
As added by Acts 1979, P.L.248, SEC.1.
IC 25-34.1-5-9Denial, suspension, or revocation of approval and permit Sec. 9. The commission may deny, suspend, or revoke:
(1) the approval of any course; and
(2) the permit issued to a school under section 15 of this chapter;
if it determines the school failed to comply with the standards established in this chapter and the commission's rules.
As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.116-2015, SEC.14.
IC 25-34.1-5-10Prohibited advertising Sec. 10. A school may not advertise that it or its course is endorsed, recommended, or accredited by the commission.
As added by Acts 1979, P.L.248, SEC.1.
IC 25-34.1-5-11Additional fees for review class prohibited Sec. 11. Schools conducting approved courses may not charge an additional fee for any review class.
As added by Acts 1979, P.L.248, SEC.1.
IC 25-34.1-5-12Real estate education advisory council makes course recommendations Sec. 12. (a) The real estate education advisory council established by IC 25-34.1-9-2 shall make recommendations to the commission concerning the following:
(1) Requirements for sponsors of courses.
(2) Requirements for instructors to be used by sponsors in providing courses.
(3) Requirements for the curricula for education courses required under this article.
(4) Rules to implement this chapter.
(5) Other issues identified by the commission in implementing this chapter.
(b) The commission shall approve all prelicensing courses.
(c) The commission may, with the advice of the council, approve online education required for licensing under this article.
As added by P.L.127-2012, SEC.30.
IC 25-34.1-5-13Instructor permits Sec. 13. (a) Each instructor of a prelicensing education course under this chapter must have a permit issued by the commission.
(b) An instructor permit under subsection (a) must:
(1) be issued for a term of three (3) years, ending on a date set by the licensing agency; and
(2) expire if not renewed by the end of the permit period.
(c) An instructor issued a permit under subsection (a) must meet the following requirements:
(1) Be a licensed real estate broker or attorney licensed in Indiana, or an expert in the field working in conjunction with a licensed real estate broker or licensed attorney.
(2) Each year, complete four (4) hours of continuing education approved by the licensing agency and specific to providing real estate instruction. Hours earned under this subdivision may be used toward the completion of the continuing education requirement for a broker under IC 25-34.1-9-11.
(3) Pay applicable fees established under rules adopted by the commission under IC 4-22-2.
(4) Meet any additional requirements established by the commission under rules adopted under IC 4-22-2.
(d) If a permit expires under subsection (b)(2), to return the permit to active status, the instructor must:
(1) successfully complete continuing education requirements required by the commission;
(2) file a renewal application;
(3) pay a renewal fee under rules adopted by the commission under IC 4-22-2;
(4) pay any applicable late fees established under rules adopted by the commission under IC 4-22-2; and
(5) meet any additional requirements established by the commission.
(e) Instructors approved by the commission before July 1, 2013, shall be exempted from the requirement under subsection (c)(1).
As added by P.L.200-2013, SEC.8. Amended by P.L.2-2014, SEC.112.
IC 25-34.1-5-15Real estate schools Sec. 15. (a) Each real estate school approved under this chapter to conduct a prelicensing broker course must have a permit issued by the commission.
(b) A real estate school issued a permit under subsection (a) must meet the following requirements:
(1) For online courses, an instructor that has been issued a permit under this chapter must be available during normal business hours.
(2) Course rosters must be provided to the commission each month.
(3) The school must pay the permit fees established by the commission under subsection (d).
(c) To remain in effect, a permit issued under this section must be renewed by the commission before its expiration under section 7(a) of this chapter.
(d) The commission shall establish, by rule adopted under IC 4-22-2, fees for permits under this section.
(e) A school must annually file with the commission a list of courses offered by the school.
As added by P.L.200-2013, SEC.9. Amended by P.L.2-2014, SEC.113; P.L.116-2015, SEC.15.
IC 25-34.1-6Chapter 6. Enforcement
25-34.1-6-1Repealed 25-34.1-6-1.1Repealed 25-34.1-6-2Penalties; supplemental procedures 25-34.1-6-2.5Violation of credit service organization statute or mortgage rescue protection fraud statute; Class A infraction; enforcement procedures and sanctions 25-34.1-6-3Criminal conviction; discipline 25-34.1-6-4Not grounds for liability
IC 25-34.1-6-1RepealedAs added by Acts 1979, P.L.248, SEC.1. Repealed by Acts 1981, P.L.222, SEC.296.
IC 25-34.1-6-1.1RepealedAs added by Acts 1981, P.L.222, SEC.265. Amended by P.L.240-1985, SEC.12. Repealed by P.L.214-1993, SEC.91.
IC 25-34.1-6-2Penalties; supplemental procedures Sec. 2. (a) A person who:
(1) performs the acts of a broker without a broker license; or
(2) conducts, or solicits or accepts enrollment of students for, a course as prescribed in IC 25-34.1-3 without course approval;
commits a Class A infraction. Upon conviction for an offense under this section, the court shall add to any fine imposed the amount of any fee or other compensation earned in the commission of the offense. Each transaction constitutes a separate offense.
(b) In all actions for the collection of a fee or other compensation for performing acts regulated by this article, it must be alleged and proved that, at the time the cause of action arose, the party seeking relief was not in violation of this section.
(c) Each enforcement procedure established in this section and IC 25-1-7-14 is supplemental to other enforcement procedures established in this section.
As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.214-1993, SEC.84; P.L.84-2010, SEC.71; P.L.127-2012, SEC.31.
IC 25-34.1-6-2.5Violation of credit service organization statute or mortgage rescue protection fraud statute; Class A infraction; enforcement procedures and sanctions Sec. 2.5. (a) A violation of:
(1) IC 24-5-15; or
(2) IC 37-4;
by a person licensed or required to be licensed under this article is a violation of this article.
(b) A person who commits a violation described in subsection (a) commits a Class A infraction and is subject to:
(1) the enforcement procedures described in section 2 of this chapter; and
(2) any sanction that may be imposed by the commission under IC 25-1-11-12.
As added by P.L.52-2009, SEC.12; P.L.105-2009, SEC.15. Amended by P.L.114-2010, SEC.23; P.L.115-2026, SEC.46.
IC 25-34.1-6-3Criminal conviction; discipline Sec. 3. A licensee who is convicted of a crime that substantially relates to the practice of real estate may be disciplined under IC 25-1-11. A certified copy of a judgment of conviction from a court is presumptive evidence of a conviction for purposes of this section.
As added by P.L.87-2006, SEC.4. Amended by P.L.1-2007, SEC.180.
IC 25-34.1-6-4Not grounds for liability Sec. 4. (a) The mere transporting, transmitting, or delivering of a document related to a real estate transaction does not impose any liability for the content of the document or any statement within the document.
(b) A licensee is not liable for a report or statement made by a person who has made a report concerning the real estate, including inspection reports and surveys, unless:
(1) the report or statement was made by a person employed by either the licensee or a broker with whom the licensee is associated;
(2) the report or statement was made by a person selected and hired by the licensee; however, ordering a report from a person does not constitute selecting or hiring a person; or
(3) the licensee knew before closing occurred that the report or statement was false or the licensee acted in reckless disregard as to whether the report or statement was true or false.
(c) A licensee is not liable for the information contained in a seller's real estate disclosure form prepared under IC 32-21-5, unless:
(1) the licensee signed the disclosure form; or
(2) the licensee knew before closing occurred that the information was false or the licensee acted in reckless disregard as to whether the information was true or false.
(d) A licensee is not liable for the information that was obtained from:
(1) the licensee's client;
(2) a governmental entity;
(3) a person who obtained the information from a governmental entity; or
(4) a person who is licensed, certified, or registered to provide professional services on which the licensee relies;
unless the licensee knew before closing occurred that the information was false or the licensee acted in reckless disregard as to whether the information was true or false.
As added by P.L.116-2015, SEC.16.
IC 25-34.1-7Chapter 7. Real Estate Recovery Fund
25-34.1-7-1Establishment of fund; administration; investments 25-34.1-7-2Surcharge; formula; assessment; application of section 25-34.1-7-2.1Reversion of excess funds 25-34.1-7-3Interest on investments; payment of expenses 25-34.1-7-4Applications for order directing payment out of fund; amount of loss; limitation on recovery 25-34.1-7-5Claims against single licensee in excess of dollar limitation; distribution; joinder of claims; payment; insufficient funds 25-34.1-7-6Agent for service of process 25-34.1-7-7Limitation of actions; notice of commencement of action 25-34.1-7-8Commission as defendant; hearings; orders directing payment 25-34.1-7-9Payment of claims 25-34.1-7-10Suspension of judgment debtor's license; repayment of fund; interest 25-34.1-7-11Subrogation 25-34.1-7-12Expenditure of interest 25-34.1-7-13Attorney general; assistance; expenses
IC 25-34.1-7-1Establishment of fund; administration; investments Sec. 1. (a) The real estate recovery fund is established for the purpose set out in this chapter. The fund shall be administered by the real estate commission.
(b) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund.
(c) Money in the fund at the end of a state fiscal year does not revert to the state general fund, except as provided in section 2.1 of this chapter.
As added by P.L.255-1987, SEC.6. Amended by P.L.143-1990, SEC.9.
IC 25-34.1-7-2Surcharge; formula; assessment; application of section Sec. 2. (a) If the total amount in the real estate recovery fund (including principal and interest) is less than four hundred fifty thousand dollars ($450,000) on June 30 in an odd-numbered year after the payment of all claims and expenses, the real estate commission shall assess a surcharge according to the following formula in order to maintain the fund at an approximate level of six hundred thousand dollars ($600,000):
STEP ONE: Determine the amount remaining in the fund on June 30 of the current year after all expenses and claims have been paid.
STEP TWO: Subtract the amount determined under STEP ONE from six hundred thousand dollars ($600,000).
STEP THREE: Determine the number of licensees who had licenses in effect on June 30 of the current year.
STEP FOUR: Divide the number determined under STEP TWO by the number determined under STEP THREE.
(b) The real estate commission shall assess the surcharge described in subsection (a) against each licensee who:
(1) receives an initial license; or
(2) receives a renewal license.
(c) The real estate commission shall assess the surcharge described in subsection (a) for the two (2) year period beginning on July 1 of the current year through June 30 of the next odd-numbered year.
(d) The surcharge assessed under this section is in addition to any other fee under this article.
(e) This section does not apply to a person who:
(1) receives an initial license or certificate; or
(2) receives a renewal license or certificate;
under the real estate appraiser licensure and certification program established under IC 25-34.1-3-8.
As added by P.L.255-1987, SEC.6. Amended by P.L.143-1990, SEC.10; P.L.183-1991, SEC.9.
IC 25-34.1-7-2.1Reversion of excess funds Sec. 2.1. If the total amount in the real estate recovery fund (including principal and interest) exceeds seven hundred fifty thousand dollars ($750,000) at the end of a state fiscal year after the payment of all claims and expenses, the amount in excess of seven hundred fifty thousand dollars ($750,000) reverts to the state general fund.
As added by P.L.143-1990, SEC.11.
IC 25-34.1-7-3Interest on investments; payment of expenses Sec. 3. Any interest earned on investment of money in the real estate recovery fund shall be credited at least annually to the fund. No money may be appropriated from the general fund for payment of any expenses incurred under this chapter, and none of these expenses may be charged against the state.
As added by P.L.255-1987, SEC.6.
IC 25-34.1-7-4Applications for order directing payment out of fund; amount of loss; limitation on recovery Sec. 4. (a) If any aggrieved person obtains a final judgment in any court against a licensee to recover damages for any act of:
(1) embezzlement of money or property; or
(2) unlawfully obtaining money or property by false pretenses, use of a device, trickery, or forgery;
that results in an actual cash loss to the aggrieved person (as opposed to loss in market value), the person may, upon termination of all proceedings including appeals and proceedings supplemental to judgment for collection purposes, file a verified application with the commission for an order directing payment out of the real estate recovery fund of the amount of actual and direct loss in the transaction that remains unpaid upon the judgment. The amount of actual and direct loss may include court costs but may not include attorney's fees or punitive damages awarded. The amount that may be paid from the real estate recovery fund may not exceed twenty thousand dollars ($20,000) per judgment and an aggregate lifetime limit of fifty thousand dollars ($50,000) with respect to any one (1) licensee.
(b) This section applies only to a final judgment that awards damages for an act by the licensee described in subsections (a)(1) through (a)(2) that arises directly out of any transaction:
(1) that occurred when the licensee was licensed;
(2) for which a license was required under IC 25-34.1; and
(3) that occurred after December 31, 1987.
As added by P.L.255-1987, SEC.6. Amended by P.L.134-2013, SEC.17.
IC 25-34.1-7-5Claims against single licensee in excess of dollar limitation; distribution; joinder of claims; payment; insufficient funds Sec. 5. (a) If the payment in full of two (2) or more pending valid claims that have been filed by aggrieved persons against a single licensee would exceed the fifty thousand dollar ($50,000) limit set forth in section 4 of this chapter, the fifty thousand dollars ($50,000) shall be distributed among the aggrieved persons in the ratio that their respective claims bear to the aggregate of all valid claims or in any other manner that the commission may determine equitable. This money shall be distributed among the persons entitled to share in it without regard to the order of priority in which their respective judgments have been obtained or their claims have been filed.
(b) The commission shall consider pending applications filed by all claimants and prospective claimants against one (1) licensee jointly to the end that the respective rights of all the claimants to the commission may be equitably adjudicated and settled.
(c) On June 30 and December 31 of each year, the real estate commission shall identify each claim that the commission orders to be paid during the six (6) month period that ended on that day. The commission shall pay the part of each claim that is so identified within fifteen (15) days after the end of the six (6) month period in which the claim is ordered paid. However, if the balance in the fund is insufficient to pay the full payable amount of each claim that is ordered to be paid during a six (6) month period, the commission shall pay a prorated portion of each claim that is ordered to be paid during the period. Any part of the payable amount of a claim left unpaid due to the prorating of payments under this subsection must be paid (subject to the fifty thousand dollar ($50,000) limit described in section 4 of this chapter) before the payment of claims ordered to be paid during the following six (6) month period.
As added by P.L.255-1987, SEC.6. Amended by P.L.134-2013, SEC.18.
IC 25-34.1-7-6Agent for service of process Sec. 6. Any broker who is licensed or renews a license under this article after December 31, 1987, and upon whom personal service cannot be made with reasonable diligence shall be considered to have appointed the commission as the licensee's agent for service of process for purposes of actions filed under section 4 of this chapter for recovery from the real estate recovery fund. Service of process under this section shall be made as nearly as practicable in the manner prescribed by the Indiana Rules of Trial Procedure for service on corporations.
As added by P.L.255-1987, SEC.6. Amended by P.L.127-2012, SEC.32.
IC 25-34.1-7-7Limitation of actions; notice of commencement of action Sec. 7. An order for payment from the real estate recovery fund may not be issued unless the action to recover from the real estate recovery fund was commenced within one (1) year after the termination of all proceedings against the licensee for embezzlement of money or property, or unlawfully obtaining money or property by false pretenses, use of a device, trickery, or forgery, including appeals and proceedings supplemental to judgment. When any person commences an action for a judgment that may result in an order for payment from the fund, the person shall notify the commission in writing of the commencement of the action.
As added by P.L.255-1987, SEC.6.
IC 25-34.1-7-8Commission as defendant; hearings; orders directing payment Sec. 8. (a) When any person files an application for an order directing payment from the real estate recovery fund, the commission shall promptly review and consider the application, and it may issue an order directing payment out of the real estate recovery fund, as provided in section 9 of this chapter, subject to the limitation of section 4 of this chapter, if the commission finds:
(1) that there is no collusion between the judgment creditor and the judgment debtor;
(2) that the judgment creditor is making application not more than one (1) year after the termination of all proceedings in connection with the judgment, including appeals and proceedings supplemental to judgment for collection purposes;
(3) that the judgment creditor has diligently pursued all available creditor's remedies, including proceedings supplemental, against the licensee who is the subject of the application filed under section 4 of this chapter, against all the judgment debtors, and against all other persons liable to the creditor in the transaction for which the creditor seeks recovery from the real estate recovery fund, but that the diligent pursuit did not result in satisfaction of the judgment;
(4) that the embezzlement of money or property, or the unlawfully obtaining of money or property by false pretenses, use of a device, trickery, or forgery, arose directly out of a transaction that occurred when the judgment debtor was licensed and acted in a capacity for which a license is required under this article and that the transaction occurred after December 31, 1987; and
(5) that, in the event of a default judgment or a judgment entered upon stipulation of the parties, the judgment debtor's acts constituted embezzlement of money or property, or the unlawful obtaining of money or property by false pretenses, use of a device, trickery, or forgery.
(b) A person who is dissatisfied by:
(1) an order issued under subsection (a) directing payment out of the real estate recovery fund; or
(2) a denial of an application filed under section 4 of this chapter;
may petition for review under IC 4-21.5-3-7.
As added by P.L.255-1987, SEC.6. Amended by P.L.134-2013, SEC.19.
IC 25-34.1-7-9Payment of claims Sec. 9. Upon an order of the commission directing that payment be made out of the real estate recovery fund, the commission shall, subject to sections 4 through 5 of this chapter, make the payment out of the real estate recovery fund as provided in section 5 of this chapter.
As added by P.L.255-1987, SEC.6. Amended by P.L.134-2013, SEC.20.
IC 25-34.1-7-10Suspension of judgment debtor's license; repayment of fund; interest Sec. 10. (a) If the commission is required to make any payment from the real estate recovery fund in settlement of a claim or toward the satisfaction of an order under this chapter, the commission shall suspend the judgment debtor's license and, if the judgment debtor is licensed under IC 25-34.1-3-4.1, the license of the individual designated broker, under this article. The licensee is not eligible to be licensed again as a broker until the licensee has repaid in full the amount paid from the real estate recovery fund with interest of twelve percent (12%) per annum.
(b) A license suspension issued under this section must be done in accordance with IC 4-21.5-3-6. The licensee may petition for review under IC 4-21.5-3-7.
As added by P.L.255-1987, SEC.6. Amended by P.L.127-2012, SEC.33; P.L.134-2013, SEC.21; P.L.134-2013, SEC.22.
IC 25-34.1-7-11Subrogation Sec. 11. When the commission has ordered and caused payment to be made from the real estate recovery fund to a judgment creditor, the commission is subrogated to the rights of the judgment creditor with respect to the amount paid.
As added by P.L.255-1987, SEC.6. Amended by P.L.134-2013, SEC.23.
IC 25-34.1-7-12Expenditure of interest Sec. 12. Subject to the approval of the budget agency, the real estate commission may expend the interest earned by the real estate recovery fund for:
(1) information concerning the commission's activities and administrative rulings;
(2) other educational information concerning the real estate industry; and
(3) expenses related to the continuing education program under IC 25-34.1-9.
As added by P.L.255-1987, SEC.6. Amended by P.L.120-1992, SEC.2.
IC 25-34.1-7-13Attorney general; assistance; expenses Sec. 13. (a) The office of the attorney general shall provide the staff assistance necessary to:
(1) enable the real estate commission to perform its duties under this chapter; and
(2) enforce this chapter.
(b) Expenses incurred by the office of the attorney general under this section shall be paid from the real estate recovery fund.
As added by P.L.255-1987, SEC.6.
IC 25-34.1-8Chapter 8. Real Estate Appraiser Licensure and Certification Board
25-34.1-8-1Creation of board 25-34.1-8-2Members; appointments; removal 25-34.1-8-3Term 25-34.1-8-3.5Officers 25-34.1-8-4Quorum 25-34.1-8-5Majority vote 25-34.1-8-6Repealed 25-34.1-8-6.5Recommendations to commission; implementation and operation of program; fee; rules 25-34.1-8-7Approval of applications; issuance of licenses and certificates 25-34.1-8-7.5Investigative fund; administration by attorney general and professional licensing agency 25-34.1-8-7.7Memorandum of understanding 25-34.1-8-8Repealed 25-34.1-8-9Per diem; travel and other expenses 25-34.1-8-10Qualification of applicants; criminal background checks; evidence of compliance 25-34.1-8-11Repealed 25-34.1-8-12Real estate appraisal practice or education without license or certification; injunctions; enforcement 25-34.1-8-13Real estate appraiser courses; approval 25-34.1-8-14Repealed 25-34.1-8-15Use of investigative fund
IC 25-34.1-8-1Creation of board Sec. 1. The real estate appraiser licensure and certification board is created.
As added by P.L.186-1990, SEC.14. Amended by P.L.183-1991, SEC.10.
IC 25-34.1-8-2Members; appointments; removal Sec. 2. (a) The board consists of five (5) members appointed by the governor as follows:
(1) Subject to IC 25-1-6.5-3, three (3) members who are real estate appraisers:
(A) who are licensed or certified under this article;
(B) who have at least five (5) years experience as real estate appraisers; and
(C) at least one (1) of whom is a certified appraiser.
(2) Subject to IC 25-1-6.5-3, one (1) representative who represents lenders qualified to:
(A) make Federal Housing Administration insured loans and Veterans Administration guaranteed loans; and
(B) sell loans to the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation.
(3) Subject to IC 25-1-6.5-3, one (1) member who is not associated with the real estate business in any way other than as a consumer.
(b) A member may be removed under IC 25-1-6.5-4.
As added by P.L.186-1990, SEC.14. Amended by P.L.183-1991, SEC.11; P.L.249-2019, SEC.128.
IC 25-34.1-8-3Term Sec. 3. Each board member serves for a term under IC 25-1-6.5.
As added by P.L.186-1990, SEC.14. Amended by P.L.249-2019, SEC.129.
IC 25-34.1-8-3.5Officers Sec. 3.5. (a) The board shall annually elect one (1) of its members to be the chair and another member to be the vice chair.
(b) A member of the board who serves as chair or vice chair serves until a successor is elected.
(c) A member who serves as chair or vice chair may serve not more than two (2) consecutive terms in that capacity.
(d) The chair shall preside at all of the board's meetings.
(e) The vice chair shall:
(1) preside at meetings in the absence of the chair; and
(2) perform other duties as directed by the chair.
As added by P.L.236-1995, SEC.51.
IC 25-34.1-8-4Quorum Sec. 4. (a) The board must have a quorum to transact business.
(b) A quorum of the board consists of a majority of the appointed members.
As added by P.L.186-1990, SEC.14. Amended by P.L.249-2019, SEC.130.
IC 25-34.1-8-5Majority vote Sec. 5. The affirmative vote of three (3) members of the board is required for the board to take action.
As added by P.L.186-1990, SEC.14. Amended by P.L.249-2019, SEC.131.
IC 25-34.1-8-6RepealedAs added by P.L.186-1990, SEC.14. Amended by P.L.183-1991, SEC.12; P.L.145-2003, SEC.11; P.L.87-2006, SEC.5; P.L.177-2006, SEC.12. Repealed by P.L.57-2007, SEC.9.
IC 25-34.1-8-6.5Recommendations to commission; implementation and operation of program; fee; rules Sec. 6.5. The board shall submit recommendations to the commission concerning the following:
(1) Implementation and operation of the real estate appraiser licensure and certification program under IC 25-34.1-3-8.
(2) Rules governing real estate appraisers licensed and certified under IC 25-34.1-3-8.
(3) Establishing a fee in an amount necessary to fund the investigative fund established by section 7.5 of this chapter but not more than twenty dollars ($20).
(4) Rules governing the administration of the investigative fund established by section 7.5 of this chapter.
As added by P.L.57-2007, SEC.5.
IC 25-34.1-8-7Approval of applications; issuance of licenses and certificates Sec. 7. The board shall do the following:
(1) Approve and disapprove applications for licensure and certification.
(2) Issue licenses and certificates.
As added by P.L.186-1990, SEC.14. Amended by P.L.183-1991, SEC.13.
IC 25-34.1-8-7.5Investigative fund; administration by attorney general and professional licensing agency Sec. 7.5. (a) The investigative fund is established to provide funds for administering and enforcing the provisions of this article, including investigating and taking enforcement action against real estate fraud and real estate appraisal fraud. The fund shall be administered by the attorney general and the professional licensing agency.
(b) The expenses of administering the fund shall be paid from the money in the fund. The fund consists of:
(1) money from a fee imposed upon licensed or certified appraisers and real estate brokers under IC 25-34.1-2-7 and IC 25-34.1-3-9.5;
(2) civil penalties deposited in the fund under IC 24-5-23.5-9(d);
(3) registration fees imposed on appraisal management companies under IC 25-34.1-11-15; and
(4) civil penalties deposited under IC 25-34.1-11-17.
(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
(d) Except as otherwise provided in this subsection, money in the fund at the end of a state fiscal year does not revert to the state general fund. If the total amount in the investigative fund exceeds seven hundred fifty thousand dollars ($750,000) at the end of a state fiscal year after payment of all claims and expenses, the amount that exceeds seven hundred fifty thousand dollars ($750,000) reverts to the state general fund.
(e) Money in the fund is continually appropriated for use by the attorney general and the licensing agency to administer and enforce the provisions of this article and to conduct investigations and take enforcement action against real estate and appraisal fraud under this article. The attorney general shall receive five dollars ($5) of each fee collected under IC 25-34.1-2-7 and IC 25-34.1-3-9.5, and the licensing agency shall receive any amount that exceeds five dollars ($5) of each fee collected under IC 25-34.1-2-7 and IC 25-34.1-3-9.5.
As added by P.L.145-2003, SEC.12. Amended by P.L.87-2006, SEC.6; P.L.57-2007, SEC.6; P.L.52-2009, SEC.13; P.L.77-2010, SEC.1; P.L.127-2012, SEC.34.
IC 25-34.1-8-7.7Memorandum of understanding Sec. 7.7. (a) The attorney general and the licensing agency shall enter into a memorandum of understanding to administer and enforce this article.
(b) The attorney general and the licensing agency shall present the memorandum of understanding annually to the commission for review.
As added by P.L.87-2006, SEC.7.
IC 25-34.1-8-8RepealedAs added by P.L.186-1990, SEC.14. Repealed by P.L.183-1991, SEC.19.
IC 25-34.1-8-9Per diem; travel and other expenses Sec. 9. 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.14. Amended by P.L.3-2008, SEC.203.
IC 25-34.1-8-10Qualification of applicants; criminal background checks; evidence of compliance Sec. 10. (a) To be licensed or certified as a real estate appraiser, an individual must meet the following conditions:
(1) Not have a conviction for any of the following:
(A) An act that would constitute a ground for disciplinary sanction under IC 25-1-11.
(B) A crime that has a direct bearing on the individual's ability to practice competently.
(C) Fraud or material deception in the course of professional services or activities.
(D) A crime that indicates the individual has the propensity to endanger the public.
(2) Have satisfied the requirements established under IC 25-34.1-3-8(f).
(b) After December 31, 2008, the board shall require each applicant for initial licensure or certification under this chapter to submit fingerprints for a national criminal history background check (as defined in IC 10-13-3-12) by the Federal Bureau of Investigation, for use by the board in determining whether the applicant should be denied licensure or certification under this chapter for any reason set forth in subsection (a)(1). The applicant shall pay any fees or costs associated with the fingerprints and background check required under this subsection. The board may not release the results of a background check described in this subsection to any private entity.
(c) The board may request evidence of compliance with this section in accordance with subsection (d). Evidence of compliance with this section may include any of the following:
(1) Subject to subsections (b) and (d)(2), criminal background checks, including a national criminal history background check (as defined in IC 10-13-3-12) by the Federal Bureau of Investigation.
(2) Credit histories.
(3) Other background checks considered necessary by the board.
(d) The board may request evidence of compliance with this section at any of the following times:
(1) The time of application for an initial license or certificate.
(2) The time of renewal of a license or certificate.
(3) Any other time considered necessary by the board.
(e) The commission, upon recommendation of the board, shall adopt rules under IC 4-22-2 to implement this section.
As added by P.L.183-1991, SEC.14. Amended by P.L.214-1993, SEC.85; P.L.182-1996, SEC.3; P.L.145-2008, SEC.30.
IC 25-34.1-8-11RepealedAs added by P.L.183-1991, SEC.15. Repealed by P.L.214-1993, SEC.91.
IC 25-34.1-8-12Real estate appraisal practice or education without license or certification; injunctions; enforcement Sec. 12. (a) A person who:
(1) performs:
(A) the acts of a licensed real estate appraiser without a license; or
(B) the acts of a certified real estate appraiser without a certificate; or
(2) conducts or solicits or accepts enrollment of students for a course without course approval as required by section 13 of this chapter;
commits a Class B infraction. When a judgment is entered for an offense under this section, the court shall add to any fine imposed the amount of any fee or other compensation earned in the commission of the offense. Each transaction constitutes a separate offense.
(b) In all actions for the collection of a fee or other compensation for performing acts regulated by this article, a party seeking relief must allege and prove that at the time the cause of action arose the party was not in violation of this section.
(c) The attorney general, the board, or the prosecuting attorney of any county in which a violation occurs may maintain an action in the name of the state of Indiana to enjoin a person from violating this section.
(d) In charging any person in a complaint for a judgment or an injunction for the violation of this section, it is sufficient, without averring any further or more particular facts, to charge that the person upon a certain day and in a certain county:
(1) acted as:
(A) a certified real estate appraiser without a certificate; or
(B) a licensed real estate appraiser without a license; or
(2) conducted, or solicited or accepted enrollment of students for a real estate appraiser course without course approval.
(e) Each enforcement procedure established in this section and IC 25-1-7-14 is supplemental to other enforcement procedures established in this section.
As added by P.L.183-1991, SEC.16. Amended by P.L.57-2007, SEC.7; P.L.3-2008, SEC.204; P.L.84-2010, SEC.72.
IC 25-34.1-8-13Real estate appraiser courses; approval Sec. 13. A person may not conduct, solicit, or accept student enrollment for a real estate appraiser course represented as satisfying the requirements of the board without approval of the course by the Appraiser Qualifications Board, under the regulatory oversight of the Appraisal Subcommittee established under Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (12 U.S.C. 3331 et seq.).
As added by P.L.183-1991, SEC.17. Amended by P.L.57-2007, SEC.8.
IC 25-34.1-8-14RepealedAs added by P.L.183-1991, SEC.18. Repealed by P.L.57-2007, SEC.9.
IC 25-34.1-8-15Use of investigative fund Sec. 15. The office of the attorney general and the professional licensing agency may use the investigative fund established by section 7.5 of this chapter to hire investigators and other employees to administer and enforce the provisions of this article and to investigate and prosecute real estate fraud and real estate appraisal fraud.
As added by P.L.145-2003, SEC.13.
IC 25-34.1-9Chapter 9. Continuing Education
25-34.1-9-1"Council" defined 25-34.1-9-2Real estate education advisory council; establishment 25-34.1-9-3Membership 25-34.1-9-4Term of office 25-34.1-9-5Vacancies 25-34.1-9-6Removal for cause 25-34.1-9-7Chair and vice chair 25-34.1-9-8Meetings 25-34.1-9-9Implementation and courses under this chapter 25-34.1-9-10Completion of approved education requirement; exception 25-34.1-9-11Approved education requirement 25-34.1-9-11.1Expired 25-34.1-9-12Course sponsor; approval requirements 25-34.1-9-13Approved sponsor; records; attendance roster; evaluation; transmittal form 25-34.1-9-14Expiration of sponsor approval; renewal requirements 25-34.1-9-15Inspection; approved sponsor records and facilities 25-34.1-9-15.5Commission denial, suspension, or revocation of approval of courses or course sponsors 25-34.1-9-16Advertising sponsor or course 25-34.1-9-17Renewal period; licensee exemption from continuing education requirement 25-34.1-9-18Application for renewal; certification requirements 25-34.1-9-19Waiver conditions; continuing education requirement; prohibited activity 25-34.1-9-20Renewal license; denial 25-34.1-9-21Implementation of chapter 25-34.1-9-22Continuing education instructor permits 25-34.1-9-23Electronic continuing education tracking system
IC 25-34.1-9-1"Council" defined Sec. 1. As used in this chapter, "council" refers to the real estate education advisory council established by this chapter.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-2Real estate education advisory council; establishment Sec. 2. The real estate education advisory council is established.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-3Membership Sec. 3. The council consists of five (5) members, three (3) of whom must be recommended by the Indiana association of realtors and appointed by the commission.
As added by P.L.120-1992, SEC.3. Amended by P.L.127-2012, SEC.35.
IC 25-34.1-9-4Term of office Sec. 4. Each member of the council shall be appointed by the commission for a two (2) year term. If a successor has not been appointed, the current member serves until a successor is appointed and qualified.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-5Vacancies Sec. 5. If a vacancy occurs on the council, the commission shall appoint an individual to serve the unexpired term of the previous member and until a successor is appointed and qualified.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-6Removal for cause Sec. 6. The commission may remove a member of the council for cause.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-7Chair and vice chair Sec. 7. The council shall elect from the council's membership a chairman and a vice chairman.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-8Meetings Sec. 8. The council shall meet upon the call of the chairman or at the request of the commission. The chairman shall establish the time and place of all meetings.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-9Implementation and courses under this chapter Sec. 9. (a) The council shall make recommendations to the commission concerning the following:
(1) Requirements for sponsors of courses under this chapter.
(2) Requirements for instructors to be used by sponsors in providing courses under this chapter.
(3) Requirements for the curricula for postlicensing and continuing education courses under this chapter.
(4) Rules to implement this chapter.
(5) Other issues identified by the commission to implement this chapter.
(b) Notwithstanding IC 25-1-4, the commission shall approve all postlicensing and continuing education courses.
(c) The commission may, with the advice of the council, approve online education required for licensing.
As added by P.L.120-1992, SEC.3. Amended by P.L.127-2012, SEC.36.
IC 25-34.1-9-10Completion of approved education requirement; exception Sec. 10. Except for an individual who has been granted an inactive license under IC 25-34.1-3-10, an individual who is licensed as a real estate broker under IC 25-34.1-3-4.1 must complete the approved education requirement each year.
As added by P.L.120-1992, SEC.3. Amended by P.L.127-2012, SEC.37.
IC 25-34.1-9-11Approved education requirement Sec. 11. (a) The approved education requirement is as follows:
(1) At least twelve (12) hours per year and at least thirty-six (36) hours per three (3) year renewal cycle in any of the following subjects, as determined by the commission:
(A) License and escrow law.
(B) Anti-trust law.
(C) Civil rights law.
(D) Agency law.
(E) Listing contracts and purchase agreements.
(F) Ethics and professionals standards.
(G) Settlement procedures.
(H) Appraising.
(I) Property management.
(J) Farm property management.
(K) Commercial brokerage and leasing.
(L) Financing.
(M) Residential brokerage.
(N) Land development.
(O) Legislative issues affecting the real estate practice.
(P) Other courses approved by the commission.
(b) An attorney in good standing licensed to practice law in Indiana may satisfy the requirements of subsection (a) by completing the number of hours required by subsection (a) in continuing legal education courses in the subject matters listed in subsection (a).
(c) An individual who applies for a broker's license after June 30, 2014, must, during the first two (2) years after the license is issued, take and pass at least thirty (30) hours of postlicensing education focused on the practical matters of real estate transactions instead of the continuing education requirements under this chapter.
(d) For license renewal, a managing broker must complete at least twelve (12) hours of continuing education each year and at least thirty-six (36) hours per three (3) year renewal cycle. At least four (4) hours of the continuing education each year must be dedicated to the necessary business and management skills and legal knowledge needed by a managing broker. The commission shall develop or approve the continuing education courses for managing brokers.
As added by P.L.120-1992, SEC.3. Amended by P.L.182-1996, SEC.4; P.L.127-2012, SEC.38; P.L.116-2015, SEC.17.
IC 25-34.1-9-11.1ExpiredAs added by P.L.127-2012, SEC.39. Expired 7-1-2014 by P.L.127-2012, SEC.39.
IC 25-34.1-9-12Course sponsor; approval requirements Sec. 12. To obtain approval as a continuing education course sponsor, the sponsor must do the following:
(1) Provide the commission information on courses, curriculum, and facilities as determined by the commission.
(2) Limit the number of credit hours that may be offered in a twenty-four (24) hour period for the course to a number not more than the amount established by the commission by rule.
(3) Provide each participant who successfully completes an approved course a certificate that contains the following:
(A) The name of the participant.
(B) The name, address, and signature of the sponsor.
(C) The number of approved credit hours.
(D) The date of the program.
(E) Any other information required by the commission.
(4) Pay a fee determined by the commission.
(5) Meet any standard that the commission adopts by rule.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-13Approved sponsor; records; attendance roster; evaluation; transmittal form Sec. 13. (a) A continuing education sponsor that has received approval under section 12 of this chapter must maintain records for five (5) years of the participants who successfully complete and pass the course. If the sponsor ceases operations, the owner shall place the records in the care of a custodian that is approved by the commission.
(b) A continuing education sponsor shall, not later than ten (10) days after a continuing education course is offered, submit the following to the commission:
(1) A completed continuing education attendance roster of all participants. The roster must include the full legal name, address of residence, and any other identifying information required by the commission of each participant. The names must be submitted to the commission in alphabetical order.
(2) A completed continuing education evaluation transmittal form for each of the participants.
As added by P.L.120-1992, SEC.3. Amended by P.L.173-2016, SEC.2.
IC 25-34.1-9-14Expiration of sponsor approval; renewal requirements Sec. 14. (a) The approval for a sponsor for a broker's course expires December 31 each even-numbered year.
(b) A sponsor must submit:
(1) a letter requesting renewal of approval; and
(2) the renewal fee;
at least thirty (30) days before a sponsor's approval expires.
As added by P.L.120-1992, SEC.3. Amended by P.L.127-2012, SEC.40.
IC 25-34.1-9-15Inspection; approved sponsor records and facilities Sec. 15. The commission may inspect an approved sponsor's records and facilities.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-15.5Commission denial, suspension, or revocation of approval of courses or course sponsors Sec. 15.5. (a) The commission may deny, suspend, or revoke approval of any course or course sponsor if the commission determines that the course sponsor, by the act of an employee or agent, has failed to comply with the standards established in this chapter and the rules of the commission.
(b) The commission may deny, suspend, or revoke approval of any course instructor permit issued under this article if the commission determines that the instructor has failed to comply with the standards established in this chapter and the rules of the commission.
(c) The commission may deny, suspend, or revoke approval of any course sponsor if the commission determines the course sponsor:
(1) falsifies attendance information for continuing education courses submitted to the commission; or
(2) fails to provide the commission with attendance information required under section 13(b) of this chapter.
As added by P.L.200-2013, SEC.10. Amended by P.L.173-2016, SEC.3.
IC 25-34.1-9-16Advertising sponsor or course Sec. 16. (a) A person may advertise that the sponsor or the sponsor's course is approved by the commission and fulfills the requirements of the commission.
(b) A person may not advertise that the sponsor or the sponsor's course is required or recommended by the commission.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-17Renewal period; licensee exemption from continuing education requirement Sec. 17. A licensee who is initially licensed in the second year of a renewal period is exempt from the continuing education requirements under this chapter for that renewal period.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-18Application for renewal; certification requirements Sec. 18. An applicant for renewal must certify on the application that the applicant:
(1) has complied with the continuing education requirements;
(2) is exempt from the continuing education requirement because the individual has been licensed for less than one (1) year; or
(3) has not complied with the continuing education requirements but is seeking a waiver under section 19 of this chapter.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-19Waiver conditions; continuing education requirement; prohibited activity Sec. 19. The commission may grant an applicant a waiver from the continuing education requirement for the renewal period if the applicant meets one (1) of the following conditions:
(1) Was not able to fulfill the requirement due to a hardship that resulted from any of the following:
(A) Service in the armed forces of the United States during a substantial part of the renewal period.
(B) An incapacitating illness.
(C) Other circumstances determined by the commission.
(2) Has certified on approved forms to the commission the following:
(A) That the applicant has an active license but will not perform an act that requires a broker's license.
(B) That the applicant is affiliated with a managing broker for the sole purpose of making referrals to a licensed broker.
An individual granted a waiver under this subdivision may not perform an act that requires a broker's license until the individual has fulfilled the same continuing education requirements needed to reactivate an inactive license under IC 25-34.1-3-10(c) and IC 25-34.1-3-10(d) and applicable requirements under IC 25-34.1-3-10.5.
As added by P.L.120-1992, SEC.3. Amended by P.L.42-2011, SEC.58; P.L.127-2012, SEC.41.
IC 25-34.1-9-20Renewal license; denial Sec. 20. Subject to IC 25-1-4, the commission may deny renewal of the license of a licensee that does not fulfill the requirements of this chapter.
As added by P.L.120-1992, SEC.3. Amended by P.L.157-2006, SEC.74.
IC 25-34.1-9-21Implementation of chapter Sec. 21. The commission may adopt rules under IC 4-22-2 necessary to implement this chapter.
As added by P.L.120-1992, SEC.3.
IC 25-34.1-9-22Continuing education instructor permits Sec. 22. (a) Each instructor of a continuing education course under this chapter must have a permit issued by the commission.
(b) An instructor permit under subsection (a) must:
(1) be issued for a term of three (3) years and, subject to IC 25-1-2-6(e), expire on a date set by the licensing agency; and
(2) automatically expire if not renewed by the end of the permit period.
(c) An instructor issued a permit under subsection (a), must meet the following requirements:
(1) Be a licensed real estate broker or attorney licensed in Indiana, or an expert in the field working in conjunction with a licensed real estate broker or licensed attorney.
(2) Each year, complete four (4) hours of continuing education approved by the commission and specific to providing real estate instruction. Hours earned under this subdivision may be used toward the completion of the continuing education requirement for a broker under IC 25-34.1-9-11.
(3) Pay applicable fees established under rules adopted by the commission under IC 4-22-2.
(4) Meet any additional requirements established by the commission under rules adopted under IC 4-22-2.
(d) If a permit expires under subsection (b)(2), to return to active status, the instructor must:
(1) successfully complete continuing education requirements set by the commission;
(2) file a renewal application;
(3) pay a renewal fee under rules adopted by the commission under IC 4-22-2; and
(4) pay any applicable late fees established under rules adopted by the commission under IC 4-22-2.
(e) Instructors approved by the commission before July 1, 2013, shall be exempted from the requirement under subsection (c)(1).
(f) The commission may deny, suspend, or revoke approval of any instructor permit issued under this chapter if the commission determines that the instructor has failed to comply with the standards established in this chapter and the rules of the commission.
As added by P.L.200-2013, SEC.11. Amended by P.L.177-2015, SEC.73.
IC 25-34.1-9-23Electronic continuing education tracking system Sec. 23. The commission may enter into an agreement with an entity that is not a state agency or the federal government to provide through electronic means a continuing education tracking system. The system must provide an electronic record of the continuing education courses, classes, or programs completed by all individuals who are licensed under this article. All the following apply to an electronic system provided under this section:
(1) All continuing education tracking performed by the system must accurately reflect the continuing education requirements under this chapter.
(2) A confirmation of completed continuing education courses required under this chapter generated by the system is considered verification of completion for renewal of a license or registration and for purposes of any audit of licensees or registrants conducted by the commission.
(3) The system must provide access to an individual who is licensed or registered under this article and to the commission access to continuing education information about the individual.
(4) The commission shall adopt rules under IC 4-22-2 it considers appropriate or necessary to implement this section.
As added by P.L.173-2016, SEC.4.
IC 25-34.1-10Chapter 10. Real Estate Agency Relationships
25-34.1-10-0.5"Agency relationship" 25-34.1-10-1"Broker" 25-34.1-10-2Repealed 25-34.1-10-3Repealed 25-34.1-10-4Repealed 25-34.1-10-5"Client" 25-34.1-10-6"Customer" 25-34.1-10-6.5"In-house agency relationship" 25-34.1-10-6.8"Licensee" 25-34.1-10-7"Limited agent" 25-34.1-10-7.5Repealed 25-34.1-10-7.8Repealed 25-34.1-10-8"Real estate transaction" 25-34.1-10-9"Subagent" 25-34.1-10-9.5Agency relationship; performance of duties 25-34.1-10-10Licensee representing seller or landlord; duties; disclosure of information 25-34.1-10-11Licensee representing buyer or tenant; duties; disclosure of information 25-34.1-10-12Licensee acting as limited agent 25-34.1-10-12.5Representations by licensees 25-34.1-10-13Written office policy regarding agency relationships; disclosure of policy; disclosure of compensation; compensation not creating agency relationship 25-34.1-10-14Commencement and termination of agency relationship 25-34.1-10-15Fiduciary duties superseded 25-34.1-10-16Liability for misrepresentation 25-34.1-10-17Subagency prohibited 25-34.1-10-18Broker company referrals; disclosure of referral compensation to client or customer
IC 25-34.1-10-0.5"Agency relationship" Sec. 0.5. As used in this chapter, "agency relationship" means a relationship in which a licensee represents a client in a real estate transaction.
As added by P.L.130-1999, SEC.3.
IC 25-34.1-10-1"Broker" Sec. 1. As used in this chapter, "broker" means an individual or entity issued a broker's real estate license by the Indiana real estate commission.
As added by P.L.128-1994, SEC.6. Amended by P.L.130-1999, SEC.4.
IC 25-34.1-10-2RepealedAs added by P.L.128-1994, SEC.6. Repealed by P.L.130-1999, SEC.23.
IC 25-34.1-10-3RepealedAs added by P.L.128-1994, SEC.6. Repealed by P.L.130-1999, SEC.23.
IC 25-34.1-10-4RepealedAs added by P.L.128-1994, SEC.6. Repealed by P.L.130-1999, SEC.23.
IC 25-34.1-10-5"Client" Sec. 5. As used in this chapter, "client" means a person who has entered into an agency relationship with a licensee.
As added by P.L.128-1994, SEC.6. Amended by P.L.130-1999, SEC.5.
IC 25-34.1-10-6"Customer" Sec. 6. As used in this chapter, "customer" means a person who is provided services in the ordinary course of business by a licensee but who is not a client.
As added by P.L.128-1994, SEC.6. Amended by P.L.130-1999, SEC.6.
IC 25-34.1-10-6.5"In-house agency relationship" Sec. 6.5. As used in this chapter, "in-house agency relationship" means an agency relationship involving two (2) or more clients who are represented by different licensees within the same broker company.
As added by P.L.130-1999, SEC.7. Amended by P.L.116-2015, SEC.18.
IC 25-34.1-10-6.8"Licensee" Sec. 6.8. As used in this chapter, "licensee" means an individual or entity issued a broker's real estate license by the Indiana real estate commission.
As added by P.L.130-1999, SEC.8. Amended by P.L.127-2012, SEC.42.
IC 25-34.1-10-7"Limited agent" Sec. 7. As used in this chapter, "limited agent" means a licensee who, with the written and informed consent of all parties to a real estate transaction, represents both the seller and buyer or both the landlord and tenant and whose duties and responsibilities to a client are only those set forth in this chapter.
As added by P.L.128-1994, SEC.6. Amended by P.L.130-1999, SEC.9.
IC 25-34.1-10-7.5RepealedAs added by P.L.130-1999, SEC.10. Repealed by P.L.127-2012, SEC.43.
IC 25-34.1-10-7.8RepealedAs added by P.L.130-1999, SEC.11. Repealed by P.L.127-2012, SEC.44.
IC 25-34.1-10-8"Real estate transaction" Sec. 8. As used in this chapter, "real estate transaction" means the sale or lease of any legal or equitable interest in real estate.
As added by P.L.128-1994, SEC.6.
IC 25-34.1-10-9"Subagent" Sec. 9. As used in this chapter, "subagent" means a broker engaged to act for another broker in performing brokerage services for a client.
As added by P.L.128-1994, SEC.6. Amended by P.L.130-1999, SEC.12.
IC 25-34.1-10-9.5Agency relationship; performance of duties Sec. 9.5. (a) A licensee has an agency relationship with, and is representing, the individual with whom the licensee is working unless:
(1) there is a written agreement to the contrary; or
(2) the licensee is merely assisting the individual as a customer without compensation.
(b) If a licensee, under subsection (a)(1), does not have an agency relationship with the individual with whom the licensee is working due to the existence of a written agreement to the contrary, the licensee must perform at least the following duties under the written agreement:
(1) Be available to receive and timely present offers and counteroffers for the purchase or lease of:
(A) the property of the individual, if the individual is a seller or landlord; or
(B) the property that the individual seeks to purchase or lease, if the individual is a buyer or tenant.
(2) Assist in negotiating, completing real estate forms, communicating, and timely presenting offers, counteroffers, notices, and various addenda relating to the offers and counteroffers until:
(A) a purchase agreement or lease is signed; and
(B) all contingencies are satisfied or waived.
(3) Timely respond to questions relating to offers, counter offers, notices, various addenda, and contingencies from the seller, landlord, buyer, or tenant pertaining to the subject property.
(c) If:
(1) a licensee described in subsection (b) fails to perform the duties set forth in subsection (b); and
(2) another licensee performs those duties on behalf of or at the request of a seller, landlord, buyer, or tenant;
the performance of those duties by the other licensee referred to in subdivision (2) does not constitute an agency relationship.
(d) This section does not prohibit a licensee from performing duties in addition to the duties specified in this section on behalf of or at the request of a seller, landlord, buyer, or tenant in a real estate transaction.
As added by P.L.130-1999, SEC.13. Amended by P.L.87-2006, SEC.8.
IC 25-34.1-10-10Licensee representing seller or landlord; duties; disclosure of information Sec. 10. (a) A licensee representing a seller or landlord has the following duties and obligations:
(1) To fulfill the terms of the agency relationship made with the seller or landlord.
(2) To disclose the nature of the agency relationship with the seller or landlord, and redefine and disclose if the relationship changes.
(3) To promote the interests of the seller or landlord by:
(A) seeking a price or lease rate and contract terms satisfactory to the seller or landlord; however, the licensee is not obligated to seek additional offers to purchase or lease after an offer to purchase or lease has been accepted by the seller or landlord, unless otherwise agreed between the parties;
(B) presenting all offers to purchase or lease to and from the seller or landlord immediately upon receipt of the offers regardless of whether an offer to purchase or lease has been accepted, unless otherwise directed by the seller or landlord;
(C) disclosing to the seller or landlord adverse material facts or risks actually known by the licensee concerning the real estate transaction;
(D) advising the seller or landlord to obtain expert advice concerning material matters that are beyond the licensee's expertise;
(E) timely accounting for all money and property received from the seller or landlord;
(F) exercising reasonable care and skill; and
(G) complying with the requirements of this chapter and all applicable federal, state, and local laws, rules, and regulations, including fair housing and civil rights statutes, rules, and regulations.
(b) A licensee representing a seller or landlord may not disclose the following without the informed written consent of the seller or landlord:
(1) That a seller or landlord will accept less than the listed price or lease rate for the property or other contract concessions.
(2) What motivates the seller to sell or landlord to lease the property.
(3) Any material or confidential information about the seller or landlord unless the disclosure is required by law or where failure to disclose would constitute fraud or dishonest dealing.
(c) A licensee representing a seller or landlord owes no duties or obligations to the buyer or tenant except that a licensee shall treat all prospective buyers or tenants honestly and shall not knowingly give them false information.
(d) A licensee shall disclose to a prospective buyer or tenant adverse material facts or risks actually known by the licensee concerning the physical condition of the property and facts required by statute or regulation to be disclosed and that could not be discovered by a reasonable and timely inspection of the property by the buyer or tenant. A licensee representing a seller or landlord owes no duty to conduct an independent inspection of the property for the buyer or tenant or to verify the accuracy of any statement, written or oral, made by the seller, the landlord, or an independent inspector. This subsection does not limit the obligation of a prospective buyer or tenant to obtain an independent inspection of the physical condition of the property. A cause of action does not arise against a licensee for disclosing information in compliance with this section.
(e) A licensee representing a seller or landlord may:
(1) show alternative properties not owned by the seller or landlord to a prospective buyer or tenant and may list competing properties for sale or lease without breaching any duty or obligation to the seller or landlord; and
(2) provide to a buyer or tenant services in the ordinary course of a real estate transaction and any similar services that do not violate the terms of the agency relationship made with the seller or landlord.
As added by P.L.128-1994, SEC.6. Amended by P.L.130-1999, SEC.14.
IC 25-34.1-10-11Licensee representing buyer or tenant; duties; disclosure of information Sec. 11. (a) A licensee representing a buyer or tenant has the following duties and obligations:
(1) To fulfill the terms of the agency relationship made with the buyer or tenant.
(2) To disclose the nature of the agency relationship with the buyer or tenant, and redefine and disclose if the relationship changes.
(3) To promote the interests of the buyer or tenant by:
(A) seeking a property with a price or lease rate and contract terms satisfactory to the buyer or tenant; however, the licensee is not obligated to locate other properties to purchase or lease while the buyer is under contract to buy property or while the tenant is under contract to lease property, unless otherwise agreed between the parties;
(B) presenting all offers to purchase and lease to and from the buyer or tenant immediately upon receipt of an offer regardless of whether the buyer is already under contract to buy or the tenant is under contract to lease property, unless otherwise directed by the buyer or tenant;
(C) disclosing to the buyer or tenant adverse material facts or risks actually known by the licensee concerning the real estate transaction;
(D) advising the buyer or tenant to obtain expert advice concerning material matters that are beyond the licensee's expertise;
(E) timely accounting for all money and property received from the buyer or tenant;
(F) exercising reasonable care and skill; and
(G) complying with the requirements of this chapter and all applicable federal, state, and local laws, rules, and regulations, including fair housing and civil rights statutes, rules, and regulations.
(b) A licensee representing a buyer or tenant shall not disclose the following without the informed consent, in writing, of the buyer or tenant:
(1) That a buyer or tenant will pay more than the offered purchase price or offered lease rate for the property or other contract concessions.
(2) What motivates the buyer to buy or tenant to lease the property.
(3) Any material or confidential information about the buyer or tenant unless this disclosure is required by law or where failure to disclose would constitute fraud or dishonest dealing.
(c) A licensee representing a buyer or tenant owes no duties or obligations to the seller or landlord except that a licensee shall treat all prospective sellers or landlords honestly and not knowingly give them false information.
(d) A licensee representing a buyer or tenant owes no duty to conduct an independent investigation of the buyer's or tenant's financial ability to perform for the benefit of the seller or landlord or to verify the accuracy of any statement, written or oral, made by the buyer, the tenant, or a third party.
(e) A licensee representing a buyer or tenant may:
(1) show properties in which the buyer or tenant is interested to other prospective buyers or tenants and may show competing buyers or tenants the same property or assist other buyers or tenants in purchasing or leasing a particular property without breaching any duty or obligation to the buyer or tenant; and
(2) provide to a seller or landlord services in the ordinary course of a real estate transaction and any similar services that do not violate the terms of the agency relationship made with the buyer or tenant.
As added by P.L.128-1994, SEC.6. Amended by P.L.130-1999, SEC.15.
IC 25-34.1-10-12Licensee acting as limited agent Sec. 12. (a) A licensee may act as a limited agent only with the written consent of all parties to a real estate transaction. The written consent is presumed to have been given and all parties are considered informed for any party who signs a writing or writings at the time of entering into an agency relationship with the licensee that contains the following:
(1) A description of the real estate transaction or types of real estate transactions in which the licensee will serve as a limited agent.
(2) A statement that in serving as a limited agent, the licensee represents parties whose interests are different or even adverse.
(3) A statement that a limited agent shall not disclose the following without the informed consent, in writing, of the parties to the real estate transaction:
(A) Any material or confidential information, except adverse material facts or risks actually known by the licensee concerning the physical condition of the property and facts required by statute, rule, or regulation to be disclosed and that could not be discovered by a reasonable and timely inspection of the property by the parties.
(B) That a buyer or tenant will pay more than the offered purchase price or offered lease rate for the property.
(C) That a seller or landlord will accept less than the listed price or lease rate for the property.
(D) What motivates a party to buy, sell, or lease the property.
(E) Other terms that would create a contractual advantage for one (1) party over another party.
(4) A statement that there will be no imputation of knowledge or information between any party and the limited agent or among licensees.
(5) A statement that a party does not have to consent to the limited agency.
(6) A statement that the consent of each party has been given voluntarily and that any limited agency disclosure has been read and understood.
(b) A licensee acting as a limited agent may disclose and provide to both the seller and buyer property information, including listed and sold properties available through a multiple listing service or other information source.
(c) A cause of action does not arise against a licensee for disclosing or failing to disclose information in compliance with this section, and the limited agent does not terminate the limited agency relationship by making a required disclosure.
As added by P.L.128-1994, SEC.6. Amended by P.L.130-1999, SEC.16.
IC 25-34.1-10-12.5Representations by licensees Sec. 12.5. (a) An individual licensee affiliated with a broker company represents only the client with which the licensee is working in an in-house agency relationship. A client represented by an individual licensee affiliated with a broker company is represented only by that licensee to the exclusion of all other licensees. A managing broker does not represent any party in such transactions unless the managing broker has an agency relationship to personally represent a client.
(b) A licensee who personally represents both the seller and buyer or both the landlord and tenant in a real estate transaction is a limited agent and is required to comply with the provisions of this chapter governing limited agents.
(c) A licensee representing a client in an in-house agency relationship owes the client duties and obligations set forth in this chapter and shall not disclose material or confidential information obtained from the client to other licensees, except to the managing broker for the purpose of seeking advice or assistance for the client's benefit.
(d) A broker company, a managing broker, and any affiliated licensee shall take reasonable and necessary care to protect any material or confidential information disclosed by a client to the client's in-house agent.
(e) In all in-house agency relationships, a broker company, a managing broker, and an individual licensee possess only actual knowledge and information. There is no imputation of agency, knowledge, or information among or between clients, the broker company, the managing broker, and licensees. Information contained in records of prior transactions maintained by the broker company concerning any existing or previous adverse material facts or risks with respect to real property may not be imputed to a broker or affiliated licensee unless the broker or affiliated licensee had actual knowledge of any adverse material facts or risks with respect to the real property. A person may not bring a cause of action against a broker or licensee for failure to disclose adverse material facts or risks if the cause of action is based on imputed knowledge of the adverse material facts or risks.
As added by P.L.130-1999, SEC.17. Amended by P.L.127-2012, SEC.45; P.L.150-2013, SEC.1; P.L.150-2013, SEC.2; P.L.116-2015, SEC.19.
IC 25-34.1-10-13Written office policy regarding agency relationships; disclosure of policy; disclosure of compensation; compensation not creating agency relationship Sec. 13. (a) A managing broker shall develop and enforce a broker company written office policy that identifies and describes the agency relationships that a licensee may have with a seller, landlord, buyer, or tenant and that specifically permits or rejects the practice of disclosed limited agency.
(b) At the beginning of an agency relationship, a licensee shall disclose in writing the broker company's written office policy set forth in this section before the disclosure by the potential seller, landlord, buyer, or tenant of any confidential information specific to that potential seller, landlord, buyer, or tenant.
(c) Parties to a real estate transaction shall be advised whether compensation will be shared with other broker companies that may represent other parties to the transaction whose interests are different or even adverse.
(d) The payment of compensation does not create an agency relationship between a licensee and a seller, landlord, buyer, or tenant.
As added by P.L.128-1994, SEC.6. Amended by P.L.130-1999, SEC.18; P.L.127-2012, SEC.46; P.L.116-2015, SEC.20.
IC 25-34.1-10-14Commencement and termination of agency relationship Sec. 14. (a) The duties and obligations set forth in this chapter begin at the time the licensee enters into an agency relationship with a party to a real estate transaction and continues until the agency relationship terminates.
(b) If the agency relationship is not fulfilled or completed for any reason, the agency relationship ends at the earlier of:
(1) a date of expiration agreed upon by the parties; or
(2) a termination of the relationship by the parties.
(c) Except as otherwise agreed to in writing and as provided in subsection (b), a licensee representing a seller, landlord, buyer, or tenant owes no further duties or obligations after termination, expiration, or completion of the agency relationship, except:
(1) accounting for all money and property received during the agency relationship; and
(2) keeping confidential all information received during the course of the agency relationship that was made confidential by request or instructions from the client, unless:
(A) the disclosure is required by law;
(B) the client gives written consent to the disclosure; or
(C) the information becomes public from a source other than the licensee or by subsequent words or conduct of the client.
As added by P.L.128-1994, SEC.6. Amended by P.L.130-1999, SEC.19.
IC 25-34.1-10-15Fiduciary duties superseded Sec. 15. The duties and obligations of a licensee set forth in this chapter supersede any fiduciary duties of a licensee to a party based on common law principles of agency to the extent that those common law fiduciary duties are inconsistent with the duties and obligations set forth in this chapter.
As added by P.L.128-1994, SEC.6. Amended by P.L.130-1999, SEC.20.
IC 25-34.1-10-16Liability for misrepresentation Sec. 16. (a) A client is not liable for any misrepresentation made by a licensee in connection with the agency relationship, unless the client knew or should have known of the misrepresentation.
(b) A licensee is not liable for any misrepresentation made by another licensee, unless the licensee knew or should have known of the other licensee's misrepresentation.
As added by P.L.128-1994, SEC.6. Amended by P.L.130-1999, SEC.21.
IC 25-34.1-10-17Subagency prohibited Sec. 17. A licensee may not make an offer of subagency through a multiple listing service or other information source, or agree to appoint, cooperate with, compensate, or otherwise associate with a subagent in a real estate transaction. The elimination of subagency by this section is not intended to limit the rights of a licensee to cooperate with, compensate, or otherwise associate with another licensee who is not acting on behalf of a client.
As added by P.L.130-1999, SEC.22.
IC 25-34.1-10-18Broker company referrals; disclosure of referral compensation to client or customer Sec. 18. (a) A broker company who refers a client or customer to another broker company shall disclose to the client or customer if the broker company may be compensated for referring the client or customer.
(b) A disclosure under subsection (a) must be made:
(1) in writing; and
(2) at the time of the referral.
As added by P.L.30-2026, SEC.1.
IC 25-34.1-11Chapter 11. Appraisal Management Companies
25-34.1-11-1"Appraisal" 25-34.1-11-2"Appraisal management company" 25-34.1-11-3"Appraisal management services" 25-34.1-11-4"Board" 25-34.1-11-5"Person" 25-34.1-11-6"Real estate appraiser" 25-34.1-11-7"USPAP" 25-34.1-11-8Certificate of registration required 25-34.1-11-9Information and fee required for registration 25-34.1-11-10Issuance of a certificate of registration 25-34.1-11-11Restrictions on appraisal management companies 25-34.1-11-12Appraisal reviews 25-34.1-11-13Service requests; record requirements 25-34.1-11-13.3Engaging a real estate appraiser to perform appraisal; proposed contract required; contents; acceptance 25-34.1-11-13.5"Peers"; "scope of work"; deadline for appraisal management company to pay real estate appraiser; exceptions; inclusion of real estate appraiser's fee in appraisal report 25-34.1-11-14Registration forms 25-34.1-11-15Registration fee 25-34.1-11-15.5Annual AMC registry fee; determination of fee amount; annual transmission of fees to Appraisal Subcommittee; commission's authority to adopt rules 25-34.1-11-16Appraisals; standards compliance 25-34.1-11-17Disciplinary sanctions 25-34.1-11-18Penalty for failure to register 25-34.1-11-19Authority to adopt rules
IC 25-34.1-11-1"Appraisal" Sec. 1. As used in this chapter, "appraisal" has the meaning set forth in IC 24-5-23.5-1.
As added by P.L.77-2010, SEC.2.
IC 25-34.1-11-2"Appraisal management company" Sec. 2. As used in this chapter, "appraisal management company" means a person that, for compensation, acts as a third party intermediary by contracting with independent real estate appraisers to perform appraisals for other persons.
As added by P.L.77-2010, SEC.2.
IC 25-34.1-11-3"Appraisal management services" Sec. 3. (a) As used in this chapter, "appraisal management services" means any of the following functions:
(1) To recruit, qualify, verify licensing or certification, or negotiate fees and service level expectations with independent real estate appraisers on behalf of a person seeking an appraisal.
(2) To receive an order for an appraisal from a person and deliver the order for completion to a independent real estate appraiser.
(3) To track and determine the status of orders for appraisals.
(4) To conduct quality control of a completed appraisal before delivery of the appraisal to the client who ordered the appraisal.
(5) To provide a completed appraisal performed by a real estate appraiser to one (1) or more clients.
(b) The term does not include transportation or communication of an appraisal or order for an appraisal without concern for the appraisal information in the appraisal or the order for an appraisal, including transportation or communication by the United States Postal Service, a delivery company, a courier, or an Internet service provider.
As added by P.L.77-2010, SEC.2.
IC 25-34.1-11-4"Board" Sec. 4. As used in this chapter, "board" refers to the real estate appraiser licensure and certification board established by IC 25-34.1-8-1.
As added by P.L.77-2010, SEC.2.
IC 25-34.1-11-5"Person" Sec. 5. (a) As used in this chapter, "person" means an individual engaged in a trade or business, an association, a partnership, a limited partnership, a limited liability company, a corporation, or a similar entity.
(b) The term does not include an employee.
As added by P.L.77-2010, SEC.2.
IC 25-34.1-11-6"Real estate appraiser" Sec. 6. As used in this chapter, "real estate appraiser" means a person who:
(1) prepares an appraisal for a real estate transaction in Indiana; and
(2) meets one (1) or more of the following:
(A) Is licensed as a real estate broker under IC 25-34.1 and performs real estate appraisals within the scope of the person's license.
(B) Holds a real estate appraiser license or certificate issued under IC 25-34.1-8.
As added by P.L.77-2010, SEC.2.
IC 25-34.1-11-7"USPAP" Sec. 7. "USPAP" refers to the Uniform Standards of Professional Appraisal Practice, as published by the Appraisal Standards Board of the Appraisal Foundation, under the authority of Title XI of the federal Financial Institutions Reform, Recovery, and Enforcement Act (12 U.S.C. 3331-3351).
As added by P.L.77-2010, SEC.2. Amended by P.L.15-2018, SEC.1.
IC 25-34.1-11-8Certificate of registration required Sec. 8. An appraisal management company may not perform appraisal management services unless the appraisal management company has obtained a certificate of registration from the board under this chapter.
As added by P.L.77-2010, SEC.2.
IC 25-34.1-11-9Information and fee required for registration Sec. 9. (a) An appraisal management company that wishes to obtain or renew a certificate of registration under this chapter must submit the following information to the board on forms prescribed by the board:
(1) The name of the person seeking registration.
(2) The business address of the person seeking registration.
(3) The telephone contact information of the person seeking registration.
(4) The name, address, and contact information of each person that has an ownership share in an appraisal management company that equals or exceeds five percent (5%) of the total ownership share of the appraisal management company.
(5) Any other information that the board reasonably requires.
(b) An appraisal management company that wishes to obtain or renew a certificate of registration must pay the fee established under section 15 of this chapter.
As added by P.L.77-2010, SEC.2.
IC 25-34.1-11-10Issuance of a certificate of registration Sec. 10. (a) The board shall issue a certificate of registration to an appraisal management company that:
(1) has furnished the information required by section 9(a) of this chapter in the manner prescribed by the board; and
(2) paid the fee required under section 9(b) of this chapter.
(b) Subject to IC 25-1-2-6(e), a certificate of registration issued to an appraisal management company under this chapter expires one (1) year after the date on which the certificate of registration is issued.
As added by P.L.77-2010, SEC.2. Amended by P.L.177-2015, SEC.74; P.L.90-2019, SEC.48.
IC 25-34.1-11-11Restrictions on appraisal management companies Sec. 11. (a) A person may not own an interest in an appraisal management company if the person has had the person's license or certificate to act as a real estate appraiser in Indiana or any other state revoked, refused, denied, canceled, or surrendered in lieu of revocation, for a substantive cause, as determined by the appropriate state appraiser certifying and licensing agency, and the license or certificate has not been reinstated.
(b) An appraisal management company may only hire an independent contractor to perform an appraisal who:
(1) holds a license or certificate under IC 25-34.1-3-8 or a license as a real estate broker under IC 25-34.1; and
(2) is in good standing.
(c) An appraisal management company may not corrupt or improperly influence a real estate appraiser in violation of IC 24-5-23.5-7.
As added by P.L.77-2010, SEC.2. Amended by P.L.29-2026, SEC.53.
IC 25-34.1-11-12Appraisal reviews Sec. 12. (a) As used in this section, "appraisal review" means the USPAP Standard 3 process of developing and communicating an opinion about the quality of an independent real estate appraiser's work that is performed as part of an appraisal assignment made by an appraisal management company. However, the term does not include:
(1) an examination of an appraisal solely for grammatical errors, typographical errors, or similar errors; or
(2) a quality control examination for completeness.
(b) An individual who performs an appraisal review must hold a license or certificate under IC 25-34.1-3-8 or a license as a real estate broker under IC 25-34.1.
As added by P.L.77-2010, SEC.2.
IC 25-34.1-11-13Service requests; record requirements Sec. 13. (a) An appraisal management company performing appraisal management services shall maintain a record of each service request for an appraisal that the appraisal management company receives. The following must be included in a record maintained under this subsection:
(1) The person making the service request.
(2) The date on which the service request is made.
(3) The property to be appraised.
(4) The real estate appraiser who performed the appraisal.
(5) A copy of the appraisal produced for the service request.
(6) The individuals who reviewed the appraisal.
(7) The date on which the appraisal was delivered to the person who made the service request.
(8) The costs and fees for the appraisal management services performed by the appraisal management company.
(9) The costs and fees for the appraisal performed by the real estate appraiser.
(b) An appraisal management company shall keep the records described in subsection (a) for not less than six (6) years after the date specified in subsection (a)(2).
As added by P.L.77-2010, SEC.2.
IC 25-34.1-11-13.3Engaging a real estate appraiser to perform appraisal; proposed contract required; contents; acceptance Sec. 13.3. (a) Before an appraisal management company may engage a real estate appraiser to perform an appraisal under this chapter, the appraisal management company shall provide the real estate appraiser with a proposed contract to perform the appraisal. The proposed contract must include the following:
(1) The order for appraisal.
(2) Information delineating the work to be completed.
(3) The date when the real estate appraiser must complete the appraisal.
(4) The terms and conditions for the payment of the real estate appraiser for the appraisal.
(b) A real estate appraiser may accept a proposed contract that is offered and signed, manually or electronically, by the appraisal management company by:
(1) signing a written contract and delivering the signed contract to the appraisal management company; or
(2) accepting the contract electronically through an electronic mail, facsimile transmission, or digital image to the appraisal management company.
As added by P.L.145-2018, SEC.1.
IC 25-34.1-11-13.5"Peers"; "scope of work"; deadline for appraisal management company to pay real estate appraiser; exceptions; inclusion of real estate appraiser's fee in appraisal report Sec. 13.5. (a) As used in this section, "peers", with respect to a real estate appraiser who performs an appraisal assignment for an appraisal management company, means other real estate appraisers who have expertise and competency in a similar type of assignment.
(b) As used in this section, "scope of work", with respect to an appraisal assignment, means the type and extent of research and analysis in the appraisal assignment.
(c) Except as provided in subsection (d), an appraisal management company that engages a real estate appraiser as an independent contractor, as described in section 3 of this chapter, to perform an appraisal under this chapter shall pay the real estate appraiser for the appraisal not later than:
(1) the deadline indicated by the payment terms set forth in:
(A) the contract or agreement under which the appraisal management company engages the real estate appraiser to perform the appraisal, if applicable; or
(B) the real estate appraiser's invoice to the appraisal management company if:
(i) a contract or an agreement described in clause (A) does not exist with respect to the particular appraisal; or
(ii) a contract or an agreement described in clause (A) exists with respect to the particular appraisal, but does not address payment terms or clearly indicate a payment deadline; or
(2) forty-five (45) days after the delivery of the appraisal report to the appraisal management company by the real estate appraiser if:
(A) a contract, an agreement, or an invoice described in subdivision (1) does not exist with respect to the particular appraisal; or
(B) a contract, an agreement, or an invoice described in subdivision (1) exists with respect to the particular appraisal, but does not address payment terms or clearly indicate a payment deadline.
(d) The times set forth in subsection (c) for payment by an appraisal management company for an appraisal performed by a real estate appraiser under this chapter do not apply in the case of any of the following:
(1) A breach by the real estate appraiser of the contract or agreement under which the appraisal management company engages the real estate appraiser to perform the appraisal.
(2) The inclusion in the appraisal report of one (1) or more significant and material documented errors of law, regulation, or appraisal standards.
(3) The failure of the real estate appraiser's scope of work to meet or exceed:
(A) the expectations of parties who are regularly intended users for similar assignments; and
(B) what the actions of the real estate appraiser's peers would be in performing the same or a similar assignment.
(e) An appraisal management company may not prohibit a real estate appraiser from including in an appraisal report the real estate appraiser's fee amount for preparing the appraisal.
As added by P.L.15-2018, SEC.2.
IC 25-34.1-11-14Registration forms Sec. 14. The board shall prescribe forms for the registration of appraisal management companies under this chapter.
As added by P.L.77-2010, SEC.2.
IC 25-34.1-11-15Registration fee Sec. 15. (a) The board shall establish the registration fee to be paid by an appraisal management company seeking registration under this chapter. The amount of the registration fee must be the lesser of:
(1) the amount determined by the board to be sufficient for the administration of appraisal management registrations under this chapter when aggregated with all the registration fees paid by appraisal management companies seeking registration under this chapter; or
(2) five hundred dollars ($500).
(b) Registration fees collected under this section must be deposited in the investigative fund established by IC 25-34.1-8-7.5.
As added by P.L.77-2010, SEC.2.
IC 25-34.1-11-15.5Annual AMC registry fee; determination of fee amount; annual transmission of fees to Appraisal Subcommittee; commission's authority to adopt rules Sec. 15.5. (a) This section applies to an appraisal management company that qualifies as an appraisal management company under 12 U.S.C. 3350(11).
(b) As used in this section, "Appraisal Subcommittee" refers to the Appraisal Subcommittee of the Federal Financial Institutions Examination Council.
(c) As used in this section, "covered transaction" has the meaning set forth in the federal interagency AMC Rule (12 CFR 34.210-34.216; 12 CFR 225.190-225.196; 12 CFR 323.8-323.14; 12 CFR 1222.20-1222.26).
(d) As used in this section, "performed an appraisal", with respect to a real estate appraiser and an appraisal management company, means the appraisal service requested of the real estate appraiser by the appraisal management company was provided to the appraisal management company.
(e) An appraisal management company to which this section applies shall pay to the board the annual AMC registry fee, as established by the Appraisal Subcommittee, as follows:
(1) In the case of an appraisal management company that has been in existence for more than one (1) year, twenty-five dollars ($25) multiplied by the number of real estate appraisers who have performed an appraisal for the appraisal management company in connection with a covered transaction in Indiana during the previous year.
(2) In the case of an appraisal management company that has not been in existence for more than one (1) year, twenty-five dollars ($25) multiplied by the number of real estate appraisers who have performed an appraisal for the appraisal management company in connection with a covered transaction in Indiana since the appraisal management company commenced doing business.
(f) The AMC registry fee required by this section is in addition to the registration fee required by section 15 of this chapter.
(g) The board shall transmit the AMC registry fees collected under this section to the Appraisal Subcommittee on an annual basis. For purposes of this subsection, the board may align a one (1) year period with any twelve (12) month period, which may or not may not be based on the calendar year. Only those appraisal management companies whose registry fees have been transmitted to the Appraisal Subcommittee will be eligible to be on the AMC Registry (as defined in 12 U.S.C. 1102.401(a)).
(h) Upon recommendations of the board under IC 25-34.1-8-6.5, the commission may do the following:
(1) Adopt rules under IC 4-22-2 to implement this section.
(2) Amend rules adopted under this subsection as necessary to conform the annual AMC registry fee required by this section with the AMC registry fee established by the Appraisal Subcommittee.
As added by P.L.15-2018, SEC.3. Amended by P.L.93-2024, SEC.192.
IC 25-34.1-11-16Appraisals; standards compliance Sec. 16. An appraisal management company is responsible for ensuring an appraisal complies with standards established:
(1) in the USPAP; and
(2) by the board.
As added by P.L.77-2010, SEC.2.
IC 25-34.1-11-17Disciplinary sanctions Sec. 17. (a) An appraisal management company that violates this chapter is subject to disciplinary sanctions under IC 25-1-11-12.
(b) The board may impose a civil penalty of not more than ten thousand dollars ($10,000) for each violation of this chapter.
(c) A civil penalty collected under this section must be deposited in the investigative fund established by IC 25-34.1-8-7.5.
As added by P.L.77-2010, SEC.2.
IC 25-34.1-11-18Penalty for failure to register Sec. 18. (a) A person who performs appraisal management services without a certificate of registration under this chapter commits a Class A infraction.
(b) The attorney general, the board, or the prosecuting attorney of any county in which a violation occurs may maintain an action in the name of the state to enjoin a person from violating this section.
As added by P.L.77-2010, SEC.2.
IC 25-34.1-11-19Authority to adopt rules Sec. 19. The board may adopt rules under IC 4-22-2 that the board considers necessary or advisable for the administration of this chapter.
As added by P.L.77-2010, SEC.2.
IC 25-34.1-12Chapter 12. Real Estate Agreements
25-34.1-12-1Listing agreement or authority to sell or lease; writing required; retention by listing broker 25-34.1-12-2Buyer agency agreement or authority to represent buyer or tenant; writing required; retention by selling broker
IC 25-34.1-12-1Listing agreement or authority to sell or lease; writing required; retention by listing broker Sec. 1. Listing agreements, or any authority to sell or lease, shall show a definite date of expiration and shall be in writing, either on paper or in electronic format, with one (1) copy to go to the owner within three (3) business days of the time of signing. The original and all electronic files shall be retained in the office of the listing broker.
As added by P.L.47-2024, SEC.2. Amended by P.L.166-2025, SEC.4.
IC 25-34.1-12-2Buyer agency agreement or authority to represent buyer or tenant; writing required; retention by selling broker Sec. 2. Buyer agency agreements, or any authority to represent a buyer or tenant, shall show a definite date of expiration and shall be in writing, either on paper or in electronic format, with one (1) copy to go to the buyer or tenant within three (3) business days of the time of signing. The original and all electronic files shall be retained in the office of the selling broker.
As added by P.L.47-2024, SEC.2. Amended by P.L.166-2025, SEC.5.
IC 25-34.5ARTICLE 34.5. RESPIRATORY CARE PRACTITIONERS
Ch. 1.Definitions Ch. 2.Respiratory Care Committee; Certification Ch. 3.Violations and Sanctions
IC 25-34.5-1Chapter 1. Definitions
25-34.5-1-1Applicability of definitions 25-34.5-1-2"Applicant" defined 25-34.5-1-2.5"Assessment" defined 25-34.5-1-3"Board" defined 25-34.5-1-4"Committee" defined 25-34.5-1-4.7"Other authorized health care professional" defined 25-34.5-1-5"Person" defined 25-34.5-1-6"Practice of respiratory care" defined 25-34.5-1-7"Practitioner" defined 25-34.5-1-8"Proximate supervision" defined 25-34.5-1-9"Task" defined
IC 25-34.5-1-1Applicability of definitions Sec. 1. The definitions in this chapter apply throughout this article.
As added by P.L.242-1989, SEC.1.
IC 25-34.5-1-2"Applicant" defined Sec. 2. "Applicant" means a person who applies for licensure as a respiratory care practitioner under this article. The term does not include a practitioner who applies for renewal of the practitioner's license.
As added by P.L.242-1989, SEC.1. Amended by P.L.60-2000, SEC.1.
IC 25-34.5-1-2.5"Assessment" defined Sec. 2.5. (a) "Assessment" means the evaluation and interpretation of patient data that is the basis for and a prerequisite for making a decision concerning patient care.
(b) The term does not include making a medical diagnosis.
As added by P.L.60-2000, SEC.2.
IC 25-34.5-1-3"Board" defined Sec. 3. "Board" refers to the medical licensing board of Indiana.
As added by P.L.242-1989, SEC.1.
IC 25-34.5-1-4"Committee" defined Sec. 4. "Committee" refers to the respiratory care committee established under IC 25-34.5-2-1.
As added by P.L.242-1989, SEC.1.
IC 25-34.5-1-4.7"Other authorized health care professional" defined Sec. 4.7. "Other authorized health care professional" means a licensed health care professional whose scope of practice:
(1) includes the task being supervised; and
(2) authorizes the professional to supervise an individual who is not licensed, certified, or registered as a health care professional.
As added by P.L.60-2000, SEC.3. Amended by P.L.288-2001, SEC.12.
IC 25-34.5-1-5"Person" defined Sec. 5. "Person" means an individual.
As added by P.L.242-1989, SEC.1.
IC 25-34.5-1-6"Practice of respiratory care" defined Sec. 6. "Practice of respiratory care" means the allied health specialty designed to aid the supervising physician or osteopath in the treatment, management, diagnostic testing, control, and care of patients with deficiencies and abnormalities associated with the cardiopulmonary system. The term includes the following:
(1) Administration of pharmacological, diagnostic, and therapeutic aids related to the implementation of a treatment, disease prevention, pulmonary rehabilitation, or diagnostic regimen prescribed by and under the direct supervision of a physician licensed under IC 25-22.5 as follows:
(A) Administration of medical gases (except for the purpose of anesthesia), aerosols, and humidification.
(B) Environmental control mechanisms and hyperbaric therapy.
(C) Mechanical or physiological ventilatory support.
(D) Bronchopulmonary hygiene.
(E) Cardiopulmonary resuscitation.
(F) Maintenance of the natural airway.
(G) Insertion and maintenance of artificial airways.
(H) Specific diagnostic and testing techniques employed in the medical management of patients to assist in diagnosis, monitoring, treatment, and research of pulmonary abnormalities, including measurements of ventilatory volumes, pressures, and flows, collection of specimens of blood and blood gases, expired and inspired gas samples, respiratory secretions, and pulmonary function testing.
(I) Utilization of hemodynamic and other related physiologic measurements to assess the status of the cardiopulmonary system.
(2) Transcription and implementation of the written or verbal orders of a physician.
(3) Observing and monitoring signs and symptoms, general behavior, general physical response to respiratory care treatment and diagnostic testing, including determination of whether the signs, symptoms, reactions, behavior, or general response exhibit abnormal characteristics.
(4) Observing and referring based on abnormalities, protocols, or changes in treatment.
(5) Repairing equipment used in the practice of respiratory care.
As added by P.L.242-1989, SEC.1. Amended by P.L.60-2000, SEC.4.
IC 25-34.5-1-7"Practitioner" defined Sec. 7. "Practitioner" means a person licensed under this article to engage in the practice of respiratory care.
As added by P.L.242-1989, SEC.1. Amended by P.L.60-2000, SEC.5.
IC 25-34.5-1-8"Proximate supervision" defined Sec. 8. "Proximate supervision" means a situation in which an individual is:
(1) responsible for directing the actions of another individual; and
(2) in the facility and is physically close enough to be readily available if needed by the supervised individual.
As added by P.L.60-2000, SEC.6.
IC 25-34.5-1-9"Task" defined Sec. 9. "Task" means a respiratory care practice that does not:
(1) require specialized knowledge that results from a course of education or training in respiratory care;
(2) pose an unreasonable risk of a negative outcome for the patient; and
(3) involve assessment or making a decision concerning patient care.
As added by P.L.60-2000, SEC.7.
IC 25-34.5-2Chapter 2. Respiratory Care Committee; Certification
25-34.5-2-1Purpose 25-34.5-2-2Membership 25-34.5-2-3Terms 25-34.5-2-4Removal of members 25-34.5-2-5Salaries; expenses 25-34.5-2-6Duties 25-34.5-2-6.1Rules regarding designation of tasks 25-34.5-2-6.2Practices not considered tasks 25-34.5-2-6.3Practices considered tasks 25-34.5-2-6.4Performance of tasks by unlicensed persons; oversight by practitioner 25-34.5-2-7Rules 25-34.5-2-8Evidence required from applicants; criminal convictions; disciplinary actions; education requirements 25-34.5-2-9License; expiration 25-34.5-2-10Renewal of license; reinstatement of invalid certificates 25-34.5-2-10.1Temporary permits 25-34.5-2-11Issuance of license by endorsement; waiver of education requirements 25-34.5-2-12Repealed 25-34.5-2-13Utilization of testing services 25-34.5-2-14Student permits
IC 25-34.5-2-1Purpose Sec. 1. The respiratory care committee is established to assist the board in carrying out this article with regard to the qualifications and examination of respiratory care practitioners.
As added by P.L.242-1989, SEC.1.
IC 25-34.5-2-2Membership Sec. 2. (a) Subject to IC 25-1-6.5-3, the committee consists of five (5) members to be appointed by the governor as follows:
(1) Four (4) practitioners.
(2) One (1) member who:
(A) is a resident of Indiana; and
(B) is not associated with the practice of respiratory care in any way, other than as a consumer.
(b) Each practitioner appointed to the committee must:
(1) be a practitioner meeting the requirements of this article;
(2) have had not less than three (3) years experience in the actual practice of respiratory care immediately preceding appointment; and
(3) be a resident of Indiana and actively engaged in Indiana in the practice of respiratory care while serving as a member of the committee.
As added by P.L.242-1989, SEC.1. Amended by P.L.48-1991, SEC.63; P.L.249-2019, SEC.132; P.L.29-2026, SEC.54.
IC 25-34.5-2-3Terms Sec. 3. The governor shall make each appointment to the committee as follows:
(1) For an appointment before July 1, 2019, for a term of three (3) years.
(2) For an appointment after June 30, 2019, for a term under IC 25-1-6.5.
As added by P.L.242-1989, SEC.1. Amended by P.L.1-1990, SEC.255; P.L.48-1991, SEC.64; P.L.249-2019, SEC.133.
IC 25-34.5-2-4Removal of members Sec. 4. A member of the committee may be removed under IC 25-1-6.5-4.
As added by P.L.242-1989, SEC.1. Amended by P.L.1-1990, SEC.256; P.L.48-1991, SEC.65; P.L.249-2019, SEC.134.
IC 25-34.5-2-5Salaries; expenses Sec. 5. 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.242-1989, SEC.1.
IC 25-34.5-2-6Duties Sec. 6. The committee shall:
(1) pass upon the qualifications of persons who apply for licensure as respiratory care practitioners;
(2) provide all examinations;
(3) license qualified applicants; and
(4) propose rules concerning the competent practice of respiratory care to the board.
As added by P.L.242-1989, SEC.1. Amended by P.L.60-2000, SEC.8.
IC 25-34.5-2-6.1Rules regarding designation of tasks Sec. 6.1. The rules proposed under section 6(4) of this chapter and adopted under section 7(l) of this chapter must include, to the extent reasonably ascertainable, a designation of all tasks. The designation of tasks must:
(1) exclude the practices described in section 6.2 of this chapter; and
(2) include the tasks described in section 6.3 of this chapter.
As added by P.L.60-2000, SEC.9.
IC 25-34.5-2-6.2Practices not considered tasks Sec. 6.2. The following respiratory care practices are not tasks:
(1) Administration of aerosol medication.
(2) Insertion and maintenance of an artificial airway.
(3) Mechanical ventilatory support.
(4) Patient assessment.
(5) Patient education.
As added by P.L.60-2000, SEC.10.
IC 25-34.5-2-6.3Practices considered tasks Sec. 6.3. The following respiratory care practices are tasks:
(1) Cleaning, disinfecting, sterilizing, and assembling equipment used in the practice of respiratory care as delegated by a practitioner or other authorized health care professional.
(2) Collecting and reviewing patient data through noninvasive means if the collection and review does not include the individual's interpretation of the clinical significance of the data. Collecting and reviewing patient data includes the following:
(A) Setting up and obtaining an electrocardiogram.
(B) Performing pulse oximetry and reporting to a practitioner or other authorized health care professional in a timely manner.
(3) Setting up a nasal cannula for oxygen therapy and reporting to a practitioner or other authorized health care professional in a timely manner.
(4) Performing incentive spirometry, excluding a patient's initial treatment and education.
(5) Performing cough and deep breath maneuvers.
(6) Maintaining a patient's natural airway by physically manipulating the jaw and neck.
As added by P.L.60-2000, SEC.11.
IC 25-34.5-2-6.4Performance of tasks by unlicensed persons; oversight by practitioner Sec. 6.4. (a) Notwithstanding any other law and except as otherwise provided in this article, to perform the practice of respiratory care other than a task, an individual must be:
(1) a practitioner; or
(2) a licensed, registered, or certified health care professional whose scope of practice includes the respiratory care practice.
(b) An individual who is not a licensed, registered, or certified health care professional may perform a task only:
(1) under the proximate supervision of a practitioner or other authorized health care professional; and
(2) if the individual has demonstrated to the facility that employs or contracts with the individual competency to perform the task.
The facility shall document competency in accordance with licensure, certification, and accreditation standards applicable to the facility.
(c) A practitioner may do the following:
(1) Delegate tasks.
(2) Supervise the performance of tasks.
As added by P.L.60-2000, SEC.12. Amended by P.L.288-2001, SEC.13.
IC 25-34.5-2-7Rules Sec. 7. The board shall adopt rules under IC 4-22-2 establishing:
(1) standards for the competent practice of respiratory care under the direct supervision of a physician licensed under IC 25-22.5, including a designation of tasks;
(2) fees for the administration of this article; and
(3) standards for the administration of this article;
after considering rules proposed by the committee.
As added by P.L.242-1989, SEC.1. Amended by P.L.48-1991, SEC.66; P.L.60-2000, SEC.13.
IC 25-34.5-2-8Evidence required from applicants; criminal convictions; disciplinary actions; education requirements Sec. 8. (a) Each applicant for licensure as a respiratory care practitioner must present satisfactory evidence that the applicant:
(1) does not have a conviction for:
(A) an act that would constitute a ground for disciplinary sanction under IC 25-1-9; or
(B) a crime that has a direct bearing on the practitioner's ability to practice competently;
(2) has not been the subject of a disciplinary action initiated by the licensing or certification agency of another state or jurisdiction on the grounds that the applicant was unable to practice as a respiratory care practitioner without endangering the public; and
(3) has either:
(A) before January 1, 2028, passed a respiratory care practitioner licensing or certification examination approved by the board; or
(B) after December 31, 2027, successfully completed both portions of the registered respiratory therapist examination, administered by the National Board for Respiratory Care or its successor organization.
(b) Each applicant for licensure as a respiratory care practitioner must submit proof to the committee of the applicant's:
(1) graduation from a school or program of respiratory care that meets standards set by the board;
(2) completion of a United States military training program in respiratory care; or
(3) completion of sufficient postsecondary education to be credentialed by a national respiratory care practitioner organization approved by the committee.
(c) At the time of making application, each applicant must pay a fee determined by the board after consideration of a recommendation of the committee.
As added by P.L.242-1989, SEC.1. Amended by P.L.33-1993, SEC.70; P.L.177-1997, SEC.6; P.L.60-2000, SEC.14; P.L.59-2026, SEC.6; P.L.118-2026, SEC.8.
IC 25-34.5-2-9License; expiration Sec. 9. (a) Except as provided in section 11 of this chapter, the committee shall issue a license to each applicant who meets the requirements of section 8 of this chapter.
(b) Subject to IC 25-1-2-6(e), a license issued under this section expires on the last day of the regular renewal cycle established under IC 25-1-5-4.
As added by P.L.242-1989, SEC.1. Amended by P.L.48-1991, SEC.67; P.L.60-2000, SEC.15; P.L.177-2015, SEC.75; P.L.59-2026, SEC.7; P.L.118-2026, SEC.9.
IC 25-34.5-2-10Renewal of license; reinstatement of invalid certificates Sec. 10. (a) The committee shall, under IC 25-1-2, renew every two (2) years the license of a practitioner who:
(1) meets the continuing education requirements established by rule by the board; and
(2) pays the fee set by the board.
(b) If a practitioner does not renew the practitioner's license before its expiration, the practitioner's license becomes invalid without action taken by the committee. A license that becomes invalid under this subsection may be reinstated by the committee up to three (3) years after its invalidation if the practitioner who holds an invalid license meets the requirements under IC 25-1-8-6.
(c) If a license that becomes invalid under subsection (b) is not reinstated by the committee within three (3) years of its invalidation, the holder of the invalid license may be required by the committee to take an examination for competence before the committee will reinstate the license.
(d) The board may adopt rules under IC 4-22-2 establishing requirements for reinstatement of an invalid license after consideration of a recommendation of the committee.
(e) The board shall accept continuing education courses in the following areas toward fulfillment of the requirements of subsection (a):
(1) Management of the practice of respiratory care.
(2) Courses concerning the practice of respiratory care that enable individuals to teach continuing education courses for respiratory care practitioners.
(3) The practice of respiratory care.
As added by P.L.242-1989, SEC.1. Amended by P.L.60-2000, SEC.16; P.L.269-2001, SEC.30.
IC 25-34.5-2-10.1Temporary permits Sec. 10.1. (a) The committee shall issue a temporary permit to a person to practice respiratory care or to profess to be a respiratory care practitioner, not more than thirty (30) days after the application is filed and completed, if the person pays a fee and:
(1) has:
(A) a valid license or certificate to practice from another state; and
(B) applied for a license from the committee;
(2) is practicing in a state that does not license or certify respiratory care practitioners but is credentialed by a national respiratory care practitioner association approved by the committee, and the person has applied for a license from the committee; or
(3) is qualified to take the examination by being a graduate of a school or program of respiratory care that meets standards set by the board.
(b) A temporary permit expires the earlier of:
(1) the date the person holding the permit is issued a license under this article; or
(2) the date the committee disapproves the person's license application.
(c) The committee may renew a temporary permit if the person holding the permit was scheduled to take the examination and:
(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 person holding the permit receives the results from the examination given after the permit was issued.
As added by P.L.48-1991, SEC.68. Amended by P.L.60-2000, SEC.17; P.L.149-2022, SEC.12; P.L.59-2026, SEC.8; P.L.118-2026, SEC.10.
IC 25-34.5-2-11Issuance of license by endorsement; waiver of education requirements Sec. 11. (a) The committee shall issue a license by endorsement, not more than thirty (30) days after the application is filed and completed, to a person who:
(1) presents satisfactory evidence to the committee that the person holds:
(A) a license or certification to practice respiratory care in:
(i) another state; or
(ii) a jurisdiction of Canada; or
(B) credentials issued by a national respiratory care practitioner organization approved by the committee;
(2) meets the requirements of section 8 of this chapter; and
(3) pays a fee determined by the board after consideration of a recommendation of the committee.
(b) If the applicant presents satisfactory evidence that the applicant has actively engaged in the practice of respiratory care that included actual patient care:
(1) in another jurisdiction;
(2) under the supervision of a physician licensed in that jurisdiction; and
(3) for at least ten (10) of the previous fifteen (15) years preceding the date of application;
the committee may waive the education requirements under subsection (a)(2) and section 8(b) of this chapter if the committee determines that the applicant has sufficient knowledge and experience.
As added by P.L.242-1989, SEC.1. Amended by P.L.177-1997, SEC.7; P.L.60-2000, SEC.18; P.L.149-2022, SEC.13.
IC 25-34.5-2-12RepealedAs added by P.L.242-1989, SEC.1. Amended by P.L.60-2000, SEC.19. Repealed by P.L.59-2026, SEC.9 and P.L.118-2026, SEC.11.
IC 25-34.5-2-13Utilization of testing services Sec. 13. The committee may utilize the services of a testing company to prepare, conduct, and score examinations.
As added by P.L.242-1989, SEC.1.
IC 25-34.5-2-14Student permits Sec. 14. (a) The committee shall issue a student permit to an individual if the individual does the following:
(1) Submits the appropriate application to the committee.
(2) Pays the fee established by the board.
(3) Submits written proof to the committee that the individual is a student in good standing in a respiratory care school or program that:
(A) has been approved by the committee for purposes of section 8(b)(1) of this chapter;
(B) is described in section 10.1(a)(3) of this chapter; or
(C) has been otherwise approved by the committee.
(4) Submits satisfactory evidence that the individual:
(A) does not have a conviction described in section 8(a)(1) of this chapter; and
(B) has not been the subject of a disciplinary action described in section 8(a)(2) of this chapter.
(b) The committee shall issue a student permit as soon as it is reasonably practicable after an individual fulfills the requirements of subsection (a).
(c) An individual who holds a student permit may only perform respiratory care procedures that have been part of a course:
(1) the individual has successfully completed in the respiratory care program designated under subsection (a)(3); and
(2) for which the successful completion has been documented and that is available upon request to the committee.
(d) The committee may expand the list of respiratory care procedures that an individual may perform under the individual's student permit to include additional respiratory care procedures that have been part of a course:
(1) that the individual has successfully completed in the respiratory care program designated under subsection (a)(3); and
(2) for which the individual's successful completion has been documented.
Upon request by the committee, the individual shall provide documentation of the successful completion of a course described in this subsection.
(e) The procedures permitted under subsections (c) and (d) may be performed only:
(1) on patients who are not critical care patients; and
(2) under the proximate supervision of a practitioner.
(f) A holder of a student permit shall meet in person at least one (1) time each working day with the permit holder's supervising practitioner or a designated respiratory care practitioner to review the permit holder's clinical activities. The supervising practitioner or a designated respiratory care practitioner shall review and countersign the entries that the permit holder makes in a patient's medical record not more than seven (7) calendar days after the permit holder makes the entries.
(g) A supervising practitioner may not supervise at one (1) time more than three (3) holders of student permits issued under this section.
(h) A student permit expires on the earliest of the following:
(1) The date the permit holder is issued a license under this article.
(2) The date the committee disapproves the permit holder's application for a license under this article.
(3) The date the permit holder ceases to be a student in good standing in a respiratory care program approved by the committee. The graduation of a student permit holder from a respiratory care program approved by the committee does not cause the student permit to expire under this subdivision.
(4) Sixty (60) days after the date that the permit holder graduates from a respiratory care program approved by the committee.
(5) The date that the permit holder is notified that the permit holder has failed the licensure examination.
(6) Two (2) years after the date of issuance.
As added by P.L.60-2000, SEC.20. Amended by P.L.288-2001, SEC.14; P.L.152-2024, SEC.8; P.L.59-2026, SEC.10; P.L.118-2026, SEC.12.
IC 25-34.5-3Chapter 3. Violations and Sanctions
25-34.5-3-1Representations by unlicensed persons 25-34.5-3-2Criminal charges 25-34.5-3-3Practice of health care professionals not affected 25-34.5-3-4Examination requirement for practice by health care nonprofessional 25-34.5-3-5Conditions for operation of equipment by health care nonprofessional 25-34.5-3-6Performing CPR; repairing equipment 25-34.5-3-7Employee acting under supervision of physician not affected 25-34.5-3-8Laboratory tests by nonpractitioner
IC 25-34.5-3-1Representations by unlicensed persons Sec. 1. A person may not:
(1) practice respiratory care;
(2) profess to be a respiratory care practitioner;
(3) use the title "respiratory care practitioner"; or
(4) use any initials, words, letters, abbreviations, or insignia indicating or implying that the person is a respiratory care practitioner licensed under this article;
unless the person is licensed under this article.
As added by P.L.242-1989, SEC.1. Amended by P.L.48-1991, SEC.69; P.L.60-2000, SEC.21.
IC 25-34.5-3-2Criminal charges Sec. 2. A person who violates this chapter commits a Class B misdemeanor. In addition to any other penalty imposed for a violation of this chapter, the board may, in the name of the state of Indiana through the attorney general, petition a circuit or superior court to enjoin the person who is violating this chapter from practicing respiratory care in violation of this chapter.
As added by P.L.242-1989, SEC.1. Amended by P.L.60-2000, SEC.22.
IC 25-34.5-3-3Practice of health care professionals not affected Sec. 3. This article does not prohibit a licensed, registered, or certified health care professional from practicing within the scope of the health care professional's license, registration, or certification.
As added by P.L.60-2000, SEC.23.
IC 25-34.5-3-4Examination requirement for practice by health care nonprofessional Sec. 4. Except as provided in IC 25-34.5-2-6.4(a), an individual who is not licensed, registered, or certified as a health care professional may perform a respiratory care practice only when the individual passes an examination covering the practice that is offered by a testing body approved by the committee.
As added by P.L.60-2000, SEC.24.
IC 25-34.5-3-5Conditions for operation of equipment by health care nonprofessional Sec. 5. An individual who is not licensed, registered, or certified as a health care professional may deliver, set up, calibrate, and demonstrate the mechanical operation of respiratory care equipment in a residential setting only when the following conditions are met:
(1) The individual's employer documents that the individual has obtained adequate training and demonstrated competence under the supervision of a practitioner or other licensed, registered, or certified health care professional.
(2) The individual does not teach, administer, or practice respiratory care.
(3) The individual does not attach the respiratory care equipment to the patient or instruct the patient, the patient's family, or the patient's caregiver on the equipment's clinical use as a treatment device.
(4) All instructions to the patient, family, or caregiver regarding the clinical use of the equipment, patient monitoring, patient assessment, or other procedures designed to evaluate the effectiveness of the treatment are performed by a practitioner or other licensed, registered, or certified health care professional.
As added by P.L.60-2000, SEC.25.
IC 25-34.5-3-6Performing CPR; repairing equipment Sec. 6. This article does not prohibit an individual who is not licensed as a respiratory care practitioner from doing any of the following:
(1) Performing cardiopulmonary resuscitation.
(2) Repairing equipment used in the practice of respiratory care.
As added by P.L.60-2000, SEC.26.
IC 25-34.5-3-7Employee acting under supervision of physician not affected Sec. 7. This article does not affect the applicability of IC 25-22.5-1-2(a)(20).
As added by P.L.60-2000, SEC.27. Amended by P.L.11-2023, SEC.87.
IC 25-34.5-3-8Laboratory tests by nonpractitioner Sec. 8. This article does not prohibit an individual who is not a practitioner from performing laboratory tests in a clinical laboratory holding a federal Clinical Laboratory Improvement Act (CLIA) certificate or a CLIA certificate of accreditation if the individual satisfies the specified federal qualification standards.
As added by P.L.60-2000, SEC.28.
IC 25-35ARTICLE 35. REPEALEDRepealed by P.L.1-1993, SEC.199.
IC 25-35.6ARTICLE 35.6. SPEECH PATHOLOGISTS AND AUDIOLOGISTS
Ch. 1.General Provisions Ch. 2.Creation of Board Ch. 3.Regulation of Speech Pathologists and Audiologists Ch. 4.Unlawful Practices Ch. 5.Audiology and Speech-Language Pathology Interstate Compact
IC 25-35.6-1Chapter 1. General Provisions
25-35.6-1-1Declaration of policy 25-35.6-1-2Definitions 25-35.6-1-3Persons and practices affected 25-35.6-1-4Persons and practices not affected 25-35.6-1-5Eligibility for licensure and registration 25-35.6-1-5.5Reciprocity agreement; authorized to practice speech-language pathology 25-35.6-1-6Initial license; audiologist 25-35.6-1-6.5Reciprocity agreement; authorized to practice audiology 25-35.6-1-7Initial license; renewal license; speech-language pathologist; continuing education 25-35.6-1-8Adopting rules defining support personnel role; qualifications to supervise 25-35.6-1-8.5Expired 25-35.6-1-8.6Expired 25-35.6-1-9Patient referral; supervision of certain procedures 25-35.6-1-10Patient referral 25-35.6-1-11Swallowing management 25-35.6-1-12Information about telecoil and audio frequency induction loop systems
IC 25-35.6-1-1Declaration of policy Sec. 1. It is declared to be a policy of the state of Indiana that in order to:
(1) safeguard the public health, safety, and welfare;
(2) protect the public from being misled by incompetent, unscrupulous, and unauthorized persons and from unprofessional conduct on the part of qualified speech-language pathologists and audiologists; and
(3) help assure the availability of the highest possible quality speech-language pathology and audiology services to a person with a communication disability of this state;
it is necessary to provide regulatory authority over persons offering speech-language pathology and audiology services to the public.
Formerly: Acts 1973, P.L.262, SEC.1. As amended by P.L.149-1987, SEC.103; P.L.23-1993, SEC.152.
IC 25-35.6-1-2Definitions Sec. 2. (a) As used in this article, "board" means the speech-language pathology and audiology board established by this article.
(b) As used in this article, "person" means any individual, organization, or corporate body, except that only an individual may be licensed under this article.
(c) As used in this article, "speech-language pathologist" means an individual who practices speech-language pathology and who presents himself or herself to the public by any title or description of services incorporating the words speech pathologist, speech-language pathologist, speech therapist, speech-language specialist, teacher of communication disorders, speech correctionist, speech clinician, language pathologist, language therapist, logopedist, communicologist, voice therapist, voice pathologist, or any similar title or description of service.
(d) As used in this article, "speech-language pathology" means the application of nonmedical and nonsurgical principles, methods, and procedures for the following:
(1) The prevention, evaluation, habilitation, rehabilitation, instruction, and research of communication and swallowing disorders.
(2) The elective modification of communication behaviors.
(3) The enhancement of communication, including the use of augmentative or alternate communication strategies.
(e) As used in this article, "audiologist" means an individual who practices audiology and who presents himself or herself to the public by any title or description of services incorporating the words audiologist, hearing clinician, hearing therapist, hearing specialist, audiometrist, vestibular specialist, or any similar title or description of service.
(f) As used in this article, "audiology" means the application of nonmedical and nonsurgical principles, methods, and procedures of prevention, evaluation, habilitation, rehabilitation, instruction, and research of disorders of hearing, auditory function, and vestibular function. The term includes:
(1) the selling and fitting of prescription hearing aids and over-the-counter hearing aids;
(2) auditory training; and
(3) speech reading.
(g) As used in this article, "support personnel" means individuals who meet the qualifications which the board shall establish for the following:
(1) Speech-language pathology aide.
(2) Speech-language pathology associate.
(3) Speech-language pathology assistant.
(h) As used in this article, "audiology assistant" means an individual who:
(1) is not licensed as an audiologist under this article;
(2) meets qualifications which the board may establish; and
(3) provides specific services under the direction and supervision of a licensed audiologist.
(i) As used in this article, "clinical fellowship" means a supervised professional experience.
(j) As used in this article, "direct supervision" means onsite observation and guidance while an assigned evaluation or therapeutic activity is being performed.
Formerly: Acts 1973, P.L.262, SEC.1; Acts 1974, P.L.1, SEC.11. As amended by P.L.149-1987, SEC.104; P.L.212-2005, SEC.63; P.L.37-2025, SEC.4.
IC 25-35.6-1-3Persons and practices affected Sec. 3. (a) Licensure shall be granted either in speech-language pathology or audiology independently. A person may be licensed in both areas if the person meets the respective qualifications.
(b) Except as provided in sections 5.5 and 6.5 of this chapter and IC 25-35.6-5, no person shall practice or represent himself or herself as a speech-language pathologist or audiologist in this state unless the person is licensed in accordance with the provisions of this article.
Formerly: Acts 1973, P.L.262, SEC.1. As amended by P.L.149-1987, SEC.105; P.L.216-2021, SEC.49; P.L.149-2022, SEC.14.
IC 25-35.6-1-4Persons and practices not affected Sec. 4. Nothing in this article shall be construed as preventing or restricting the following:
(1) A physician or surgeon from engaging in the practice of medicine in this state, or a person under the supervision and control of a physician or surgeon from conducting hearing testing, provided such a person is not called an audiologist.
(2) Any hearing aid dealer from:
(A) engaging in the testing of hearing and other practices and procedures necessary for the business for which the dealer is registered in this state under IC 25-20-1; and
(B) using the title hearing aid specialist or any similar title or description of service.
(3) Any person licensed or registered in this state by any other law from engaging in the profession or occupation for which the person is licensed or registered.
(4) A person employed as a speech-language pathologist or audiologist by the government of the United States, if such person performs speech-language pathology or audiology services solely within the confines or under the jurisdiction of the governmental organization by which the person is employed. However, such person may, without obtaining a license under this article, consult with or disseminate the person's research findings and other scientific information to speech-language pathologists and audiologists outside the jurisdiction of the organization by which the person is employed. Such person may also offer instruction and lectures to the public without being licensed under this article. Such person may additionally elect to be subject to this article.
(5) The activities and services of persons pursuing a course of study leading to a degree in speech-language pathology or audiology at a postsecondary educational institution, if:
(A) such activities and services constitute a part of a supervised course of study;
(B) such person is designated speech-language pathology or audiology intern, speech-language pathology or audiology trainee, or by other such titles clearly indicating the training status appropriate to the person's level of training; and
(C) the person works only under the supervision of a speech-language pathologist or audiologist licensed under this article.
(6) The activities and services of persons fulfilling the clinical experience requirement of section 5(2)(B)(ii) or 6(3)(B) of this chapter, if such activities and services constitute a part of the experience required for that section's fulfillment.
(7) The performance of pure tone air conduction testing by an industrial audiometric technician, as defined by federal law, who is working in an industrial hearing conservation program directed by a physician or an audiologist.
(8) The performance of speech-language pathology or audiology services in this state by any person not a resident of this state who is not licensed under this article, if such services are performed:
(A) under IC 25-35.6-5; or
(B) for no more than five (5) days in any calendar year and in cooperation with a speech-language pathologist or audiologist licensed under this article, and if such person meets the qualifications and requirements for application for licensure described in section 5(1) and 5(2) or 6(1) and 6(2) of this chapter.
However, a person not a resident of this state who is not licensed under this article or practicing under IC 25-35.6-5, but who is licensed under the law of another state which has established licensure requirements at least equivalent to those established by section 5 or 6 of this chapter or who is the holder of a certificate of clinical competence in speech-language pathology or audiology or its equivalent issued by a nationally recognized association for speech-language or hearing, may offer speech-language pathology or audiology services in this state for no more than one hundred eighty (180) days in any calendar year, if such services are performed in cooperation with a speech-language pathologist or audiologist licensed under this article.
Formerly: Acts 1973, P.L.262, SEC.1. As amended by P.L.250-1985, SEC.1; P.L.149-1987, SEC.106; P.L.212-2005, SEC.64; P.L.2-2007, SEC.348; P.L.216-2021, SEC.50; P.L.149-2022, SEC.15.
IC 25-35.6-1-5Eligibility for licensure and registration Sec. 5. To be eligible for licensure by the board as a speech-language pathologist or registration as a speech-language pathology aide, a speech-language pathology associate, or a speech-language pathology assistant, a person must satisfy the following:
(1) Not have been convicted of a crime that has a direct bearing on the person's ability to practice competently.
(2) For licensure as a speech-language pathologist:
(A) possess at least a master's degree or its equivalent in the area of speech-language pathology from an educational institution recognized by the board; and
(B) submit evidence of:
(i) a national certification in speech-language pathology that is approved by the board; or
(ii) satisfaction of the academic and clinical experience requirements necessary for licensure as defined in the rules of the board.
(3) For registration as a speech-language pathology aide, possess at least a high school degree or its equivalent.
(4) For registration as a speech-language pathology associate, possess at least an associate degree in speech-language pathology.
(5) For registration as a speech-language pathology assistant, possess at least a bachelor's degree in speech-language pathology.
Formerly: Acts 1973, P.L.262, SEC.1. As amended by Acts 1981, P.L.222, SEC.267; Acts 1982, P.L.113, SEC.84; P.L.250-1985, SEC.2; P.L.149-1987, SEC.107; P.L.33-1993, SEC.71; P.L.212-2005, SEC.65.
IC 25-35.6-1-5.5Reciprocity agreement; authorized to practice speech-language pathology Sec. 5.5. (a) An individual may practice speech-language pathology in Indiana under a license to practice speech-language pathology issued by a state that has entered into a reciprocity agreement with the board under which an individual licensed to practice speech-language pathology in Indiana is authorized to practice speech-language pathology in the other state under the individual's Indiana speech-language pathology license.
(b) Before January 1, 2023, the board shall initiate and make every effort to enter into a reciprocity agreement with another state that:
(1) is contiguous to Indiana; and
(2) is not a member of an interstate compact with Indiana concerning speech-language pathology;
that would allow an individual licensed to practice speech-language pathology in Indiana or the other state to practice in the other state under the individual's speech-language pathology license.
As added by P.L.216-2021, SEC.51. Amended by P.L.149-2022, SEC.16.
IC 25-35.6-1-6Initial license; audiologist Sec. 6. To be eligible for an initial license by the board as an audiologist, an individual must satisfy the following:
(1) Not have been convicted of a crime that has a direct bearing on the individual's ability to practice competently.
(2) Possess a doctoral degree from an accredited educational program recognized by the board.
(3) Submit evidence of:
(A) a national certification in audiology that is approved by the board; or
(B) satisfaction of the academic and clinical experience requirements necessary for licensure as defined in the rules of the board.
As added by P.L.212-2005, SEC.66.
IC 25-35.6-1-6.5Reciprocity agreement; authorized to practice audiology Sec. 6.5. (a) An individual may practice audiology in Indiana under a license to practice audiology issued by a state that has entered into a reciprocity agreement with the board under which an individual licensed to practice audiology in Indiana is authorized to practice audiology in the other state under the individual's Indiana audiology license.
(b) Before January 1, 2023, the board shall initiate and make every effort to enter into a reciprocity agreement with another state that:
(1) is contiguous to Indiana; and
(2) is not a member of an interstate compact with Indiana concerning audiology;
that would allow an individual licensed to practice audiology in Indiana or the other state to practice in the other state under the individual's audiology license.
As added by P.L.216-2021, SEC.52. Amended by P.L.149-2022, SEC.17.
IC 25-35.6-1-7Initial license; renewal license; speech-language pathologist; continuing education Sec. 7. (a) The division of professional standards established within the department of education by IC 20-28-2-1.5 (referred to as "the division of professional standards" in this section) may issue the following:
(1) An initial license as a speech-language pathologist only to an individual who is licensed as a speech-language pathologist under this article.
(2) A nonrenewable initial license as a speech-language pathologist to an individual who is completing a clinical fellowship in speech-language pathology and who has registered the clinical fellowship with the board. The nonrenewable initial license expires on the earlier of:
(A) the date the individual is licensed by the board as a speech-language pathologist; or
(B) eighteen (18) months after the individual begins the clinical fellowship in speech-language pathology.
(3) A renewal license as a speech-language pathologist to an individual who was licensed by the professional standards board before July 1, 2005, and who is not licensed as a speech-language pathologist under this article.
(b) The division of professional standards shall issue a license as a speech-language pathologist to an individual who:
(1) is licensed as a speech-language pathologist under this article; and
(2) requests licensure.
(c) A speech-language pathologist licensed by the division of professional standards shall register with the Indiana professional licensing agency all speech-language pathology support personnel that the speech-language pathologist supervises.
(d) The division of professional standards may not impose different or additional supervision requirements upon speech-language pathology support personnel than the supervision requirements that are imposed under this article.
(e) The division of professional standards may not impose continuing education requirements upon an individual who receives a license under this section that are different from or in addition to the continuing education requirements imposed under this article.
(f) An individual:
(1) who:
(A) if the individual is a speech-language pathologist, receives a license under this section or received a license as a speech-language pathologist issued by the professional standards board before July 1, 2005; or
(B) if the individual is an audiologist, works in an educational setting;
(2) who has been the holder of a certificate of clinical competence in speech-language pathology or audiology or its equivalent issued by a nationally recognized association for speech-language pathology and audiology for at least three (3) consecutive years; and
(3) who has professional experience as a licensed speech-language pathologist or audiologist in a school setting that is equivalent to the experience required for a teacher seeking national certification by the National Board of Professional Teaching Standards;
is considered to have the equivalent of and is entitled to the same benefits that accrue to a holder of a national certification issued by the National Board for Professional Teaching Standards.
As added by P.L.212-2005, SEC.67. Amended by P.L.1-2006, SEC.480; P.L.157-2006, SEC.75; P.L.1-2007, SEC.181; P.L.59-2007, SEC.1; P.L.197-2007, SEC.90.
IC 25-35.6-1-8Adopting rules defining support personnel role; qualifications to supervise Sec. 8. (a) The board shall adopt rules under IC 4-22-2 to define the role of support personnel, including the following:
(1) Supervisory responsibilities of the speech-language pathologist.
(2) Ratio of support personnel to speech-language pathologists.
(3) Scope of duties and restrictions of responsibilities for each type of support personnel.
(4) Frequency, duration, and documentation of supervision.
(5) Education and training required to perform services.
(6) Procedures for renewing registration and terminating duties.
(b) A speech-language pathologist must meet the following qualifications to supervise speech-language pathology support personnel:
(1) Hold a current license as a speech-language pathologist issued by the board.
(2) Except for an individual who:
(A) before September 1, 1990, completed all the course work and obtained all the experience required to receive a life license from the department of education; and
(B) was issued a life license by the department of education;
hold a certificate of clinical competence in speech-language pathology or its equivalent issued by a nationally recognized association for speech-language and hearing.
(c) Speech-language pathology support personnel may provide support services only under the supervision of a speech-language pathologist.
As added by P.L.212-2005, SEC.68. Amended by P.L.197-2007, SEC.91; P.L.226-2011, SEC.21.
IC 25-35.6-1-8.5ExpiredAs added by P.L.59-2007, SEC.2. Expired 6-30-2018 by P.L.59-2007, SEC.2.
IC 25-35.6-1-8.6ExpiredAs added by P.L.64-2019, SEC.1. Amended by P.L.156-2020, SEC.109. Expired 6-30-2021 by P.L.156-2020, SEC.109.
IC 25-35.6-1-9Patient referral; supervision of certain procedures Sec. 9. (a) If a speech-language pathologist performs an evaluation and the evaluation suggests the possibility of a condition that requires medical attention, the speech-language pathologist shall promptly refer the patient to an individual licensed under IC 25-22.5.
(b) A speech-language pathologist shall perform instrumental procedures using rigid or flexible endoscopes only under the authorization and general supervision of an individual licensed under IC 25-22.5.
As added by P.L.212-2005, SEC.69.
IC 25-35.6-1-10Patient referral Sec. 10. (a) If an audiologist performs an evaluation and the evaluation suggests the possibility of a condition that requires medical attention, the audiologist shall promptly refer the patient to an individual licensed under IC 25-22.5.
(b) An audiologist shall administer tests of vestibular function only to patients who have been referred by an individual licensed under IC 25-22.5.
As added by P.L.212-2005, SEC.70.
IC 25-35.6-1-11Swallowing management Sec. 11. A speech-language pathologist may assess and manage the pharyngoesophageal phase of swallowing, including instrumental evaluations, only if the speech-language pathologist has demonstrated competencies specific to the evaluation and management of pharyngoesophageal swallowing disorders through the successful passage of a written test.
As added by P.L.67-2014, SEC.5.
IC 25-35.6-1-12Information about telecoil and audio frequency induction loop systems Sec. 12. Before fitting or dispensing a hearing aid, an audiologist shall provide oral and written information explaining telecoil and audio frequency induction loop systems, how they operate, and their uses, including increasing access to telephones and assistive listening systems that comply with the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), any amendments and regulations relating to the Act, and the Americans with Disabilities Act Accessibility Guidelines (28 CFR 35.101 et seq. and 28 CFR 36.101 et seq.).
As added by P.L.200-2019, SEC.3.
IC 25-35.6-2Chapter 2. Creation of Board
25-35.6-2-1Establishment; members; appointment; term; meetings; quorum 25-35.6-2-1Establishment; members; appointment; term; meetings; quorum 25-35.6-2-2Functions of board 25-35.6-2-3Administrative provisions 25-35.6-2-4Reimbursement for expenses
IC 25-35.6-2-1Establishment; members; appointment; term; meetings; quorum Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.
Sec. 1. (a) There is established the speech-language pathology and audiology board.
(b) The board shall be comprised of five (5) members, who shall be appointed by the governor. Subject to IC 25-1-6.5-3, four (4) board members shall have been residents of this state for at least one (1) year immediately preceding their appointment and shall have been engaged in rendering services to the public, teaching, or research in speech-language pathology or audiology for at least five (5) years immediately preceding their appointment. At least two (2) board members shall be speech-language pathologists and at least two (2) shall be audiologists. Subject to IC 25-1-6.5-3, the fifth member of the board, to represent the general public, shall be a resident of this state who has never been associated with speech-language pathology or audiology in any way other than as a consumer. Except for the member representing the general public, all board members shall at all times be holders of active and valid licenses for the practice of speech-language pathology or audiology in this state.
(c) A member may be removed under IC 25-1-6.5-4.
(d) Appointments shall be:
(1) for members appointed before July 1, 2019, for a three year term; and
(2) for members appointed after June 30, 2019, for a term under IC 25-1-6.5.
(e) The governor may consider, but shall not be bound to accept, recommendations for board membership made by a statewide association for speech-language and hearing. A statewide association for speech-language and hearing may submit to the governor its recommendations for board membership not less than sixty (60) days after a vacancy. In the event of a mid-term vacancy, such association may make recommendations for filling such vacancy.
(f) At the first meeting of the board each year, members shall elect a chairperson for the subsequent twelve (12) month period. Further meetings may be convened at the call of the chairperson or the written request of any two (2) board members. All meetings of the board shall be open to the public, except that the board may hold closed sessions to prepare, approve, grade, or administer examinations or, upon request of an applicant who fails an examination, to prepare a response indicating any reason for the applicant's failure. All meetings of the board must be held in Indiana.
(g) A quorum of the board consists of a majority of the appointed members. A majority of the quorum may transact business.
Formerly: Acts 1973, P.L.262, SEC.1. As amended by Acts 1981, P.L.222, SEC.266; P.L.250-1985, SEC.3; P.L.149-1987, SEC.108; P.L.168-2016, SEC.9; P.L.249-2019, SEC.135.
IC 25-35.6-2-1Establishment; members; appointment; term; meetings; quorum Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.
Sec. 1. (a) There is established the speech-language pathology and audiology board.
(b) The board shall be comprised of four (4) members, who shall be appointed by the governor. Subject to IC 25-1-6.5-3, four (4) board members shall have been residents of this state for at least one (1) year immediately preceding their appointment and shall have been engaged in rendering services to the public, teaching, or research in speech-language pathology or audiology for at least five (5) years immediately preceding their appointment. At least two (2) board members shall be speech-language pathologists and at least two (2) shall be audiologists. All board members shall at all times be holders of active and valid licenses for the practice of speech-language pathology or audiology in this state.
(c) A member may be removed under IC 25-1-6.5-4.
(d) Appointments shall be:
(1) for members appointed before July 1, 2019, for a three year term; and
(2) for members appointed after June 30, 2019, for a term under IC 25-1-6.5.
(e) The governor may consider, but shall not be bound to accept, recommendations for board membership made by a statewide association for speech-language and hearing. A statewide association for speech-language and hearing may submit to the governor its recommendations for board membership not less than sixty (60) days after a vacancy. In the event of a mid-term vacancy, such association may make recommendations for filling such vacancy.
(f) At the first meeting of the board each year, members shall elect a chairperson for the subsequent twelve (12) month period. Further meetings may be convened at the call of the chairperson or the written request of any two (2) board members. All meetings of the board shall be open to the public, except that the board may hold closed sessions to prepare, approve, grade, or administer examinations or, upon request of an applicant who fails an examination, to prepare a response indicating any reason for the applicant's failure. All meetings of the board must be held in Indiana.
(g) A quorum of the board consists of a majority of the appointed members. A majority of the quorum may transact business. The chairperson of the board is not allowed to cast a vote on any matter before the board unless the chairperson's vote is necessary to break a tie.
Formerly: Acts 1973, P.L.262, SEC.1. As amended by Acts 1981, P.L.222, SEC.266; P.L.250-1985, SEC.3; P.L.149-1987, SEC.108; P.L.168-2016, SEC.9; P.L.249-2019, SEC.135; P.L.152-2026, SEC.446.
IC 25-35.6-2-2Functions of board Sec. 2. (a) The board:
(1) shall administer, coordinate, and enforce this article;
(2) shall evaluate the qualifications and supervise the examinations of applicants for licensure under this article;
(3) may issue subpoenas, examine witnesses, and administer oaths; and
(4) shall, at its discretion, investigate allegations of practices violating this article, subject to IC 25-1-7.
(b) The board shall adopt rules under IC 4-22-2 relating to professional conduct commensurate with the policy of this article, including rules that establish standards for the competent practice of speech-language pathology and audiology. Except as provided in IC 25-35.6-5-14, the rules govern and control the professional conduct of every person who holds a license to practice speech-language pathology or audiology in this state.
(c) The board shall conduct the hearings and keep the records and minutes necessary for the orderly dispatch of its functions. The board shall have notice provided to the appropriate persons in a manner it considers appropriate of the times and places of all hearings authorized by this subsection. Approval by a majority of a quorum of the board is required for any action to be taken in actions for revocation or suspension of a license issued under this article.
(d) The board may adopt rules under IC 4-22-2 to:
(1) administer or enforce this article;
(2) register persons in the process of fulfilling the clinical experience required for a license under this article;
(3) establish fees in accordance with IC 25-1-8-2; and
(4) register speech-language pathology assistants, associates, and aides and establish rules governing the duties of assistants, associates, and aides.
(e) The conferral or enumeration of specific powers elsewhere in this article shall not be construed as a limitation of the general functions conferred by this section.
Formerly: Acts 1973, P.L.262, SEC.1. As amended by Acts 1977, P.L.172, SEC.52; Acts 1981, P.L.222, SEC.268; P.L.250-1985, SEC.4; P.L.149-1987, SEC.109; P.L.212-2005, SEC.71; P.L.149-2022, SEC.18.
IC 25-35.6-2-3Administrative provisions Sec. 3. (a) The board may utilize employees provided by the Indiana professional licensing agency as necessary.
(b) The board shall adopt a seal by which it shall authenticate its proceedings. Copies of the proceedings, records, and acts of the board, and certificates purporting to relate the facts concerning such proceedings, records, and acts, that are signed by the chairman or the executive secretary and authenticated by the seal, shall be prima facie evidence in all courts of this state.
(c) Under no circumstances shall the total amount of expenditures incurred by the board exceed the amount of the fees collected as provided in this chapter.
Formerly: Acts 1973, P.L.262, SEC.1. As amended by Acts 1981, P.L.222, SEC.269; P.L.250-1985, SEC.5; P.L.169-1985, SEC.96; P.L.149-1987, SEC.110; P.L.249-2019, SEC.136.
IC 25-35.6-2-4Reimbursement for expenses Sec. 4. Each member of the board is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the department of administration and approved by the state budget agency.
Formerly: Acts 1973, P.L.262, SEC.1. As amended by P.L.250-1985, SEC.6.
IC 25-35.6-3Chapter 3. Regulation of Speech Pathologists and Audiologists
25-35.6-3-1Application for examination 25-35.6-3-2Examination for license 25-35.6-3-3Waiver of examination 25-35.6-3-3.5Provisional license 25-35.6-3-4Issuance of license 25-35.6-3-5Repealed 25-35.6-3-5.1Repealed 25-35.6-3-6Renewal of license 25-35.6-3-7Fees 25-35.6-3-8Repealed 25-35.6-3-8.1Availability of license or registration; services performed by support personnel 25-35.6-3-9Continuing professional education 25-35.6-3-10Violations
IC 25-35.6-3-1Application for examination Sec. 1. (a) A person eligible for licensure under IC 25-35.6-1-5 and desirous of licensure shall make application for examination to the board at least thirty (30) days prior to the date of examination, upon a form and in such a manner as the board shall prescribe.
(b) Any application shall be accompanied by the fee prescribed by the board by rule.
(c) A person who fails an examination may make application for reexamination if the person again meets the requirements of subsections (a) and (b).
Formerly: Acts 1973, P.L.262, SEC.1. As amended by P.L.149-1987, SEC.111.
IC 25-35.6-3-2Examination for license Sec. 2. (a) Each applicant for licensure under this article shall be examined in writing. Standards for acceptable performance shall be established by the board.
(b) Applicants for licensure shall be examined at a time and place and under such supervision as the board may determine. Examinations shall be given at such places within this state as the board may determine at least twice each year, and the board shall make public, in a manner it considers appropriate, notice of such examinations at least sixty (60) days prior to their administration, and shall have all individual examination applicants notified of the time and place of their administration.
(c) The board may examine in whatever theoretical or applied fields of speech-language pathology and audiology it considers appropriate and may examine with regard to a person's professional skills and judgment in the utilization of speech-language pathology or audiology techniques and methods.
(d) The board shall maintain a record of all examination scores.
Formerly: Acts 1973, P.L.262, SEC.1. As amended by Acts 1981, P.L.222, SEC.270; P.L.149-1987, SEC.112.
IC 25-35.6-3-3Waiver of examination Sec. 3. (a) The board shall issue a license in speech-language pathology or audiology to any applicant who:
(1) presents proof of:
(A) current licensure in speech-language pathology or audiology in another state, including the District of Columbia or a territory of the United States, under professional standards that the board considers to be at least equivalent to those set forth in this article at the time that the license was issued in the other state or territory; or
(B) practice as a speech-language pathologist or an audiologist under the authority and supervision of an agency of the federal government; and
(2) meets any other requirements that the board establishes by rule.
(b) The board may waive the examination and grant licensure to any person certified as clinically competent by a nationally recognized association for speech-language and hearing in the area for which such person is applying for licensure.
Formerly: Acts 1973, P.L.262, SEC.1. As amended by Acts 1982, P.L.154, SEC.123; P.L.250-1985, SEC.7; P.L.149-1987, SEC.113; P.L.212-2005, SEC.72.
IC 25-35.6-3-3.5Provisional license Sec. 3.5. The board may issue a provisional license in audiology to an individual who meets the requirements that the board establishes by rule.
As added by P.L.212-2005, SEC.73.
IC 25-35.6-3-4Issuance of license Sec. 4. (a) The board shall issue a license to any person who meets the requirements of this article and who pays to the board the initial license fee prescribed by the board by rule.
(b) A license issued under this article is valid until the next renewal date described under section 6 of this chapter.
Formerly: Acts 1973, P.L.262, SEC.1. As amended by P.L.149-1987, SEC.114; P.L.48-1991, SEC.70.
IC 25-35.6-3-5RepealedFormerly: Acts 1973, P.L.262, SEC.1. As amended by Acts 1977, P.L.172, SEC.53. Repealed by Acts 1981, P.L.222, SEC.296.
IC 25-35.6-3-5.1RepealedAs added by Acts 1981, P.L.222, SEC.271. Amended by Acts 1982, P.L.113, SEC.85; P.L.250-1985, SEC.8; P.L.149-1987, SEC.115. Repealed by P.L.152-1988, SEC.30.
IC 25-35.6-3-6Renewal of license Sec. 6. (a) Subject to IC 25-1-2-6(e), licenses issued under this article expire, if not renewed, on the date established by the licensing agency under IC 25-1-5-4.
(b) Every person licensed under this article shall pay a fee for renewal of the person's license before the date established by the licensing agency.
(c) If the holder of a license fails to renew the license on or before the date specified by the licensing agency, the license may be reinstated by the board if the holder of the license, not later than three (3) years after the expiration of the license, meets the requirements of IC 25-1-8-6(c).
(d) If a license has been expired for more than three (3) years, the license may be reinstated by the board if the holder meets the requirements for reinstatement under IC 25-1-8-6(d).
(e) A suspended license is subject to expiration and may be renewed or reinstated as provided in this section, but a renewal or reinstatement shall not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity, or in any other conduct or activity in violation of the order or judgment by which the license was suspended.
Formerly: Acts 1973, P.L.262, SEC.1. As amended by Acts 1981, P.L.222, SEC.272; P.L.250-1985, SEC.9; P.L.149-1987, SEC.116; P.L.48-1991, SEC.71; P.L.269-2001, SEC.31; P.L.105-2008, SEC.64; P.L.177-2015, SEC.76.
IC 25-35.6-3-7Fees Sec. 7. Any fees required by this article shall be established by the board by rule and collected by the Indiana professional licensing agency under IC 25-1-8-2.
Formerly: Acts 1973, P.L.262, SEC.1. As amended by P.L.250-1985, SEC.10; P.L.149-1987, SEC.117; P.L.1-2006, SEC.481.
IC 25-35.6-3-8RepealedFormerly: Acts 1973, P.L.262, SEC.1. As amended by Acts 1981, P.L.222, SEC.273. Repealed by P.L.250-1985, SEC.11.
IC 25-35.6-3-8.1Availability of license or registration; services performed by support personnel Sec. 8.1. (a) Each individual licensed under this article and each individual registered as a speech-language pathology aide, a speech-language pathology associate, or a speech-language pathology assistant shall make the license or registration, or an official duplicate of the license or registration, available when the individual practices speech-language pathology or audiology or provides support services.
(b) Before support personnel may provide services, the speech-language pathologist shall ensure that prior written notification is provided to the recipient of the services that services are to be provided in whole or in part by support personnel.
As added by P.L.212-2005, SEC.74.
IC 25-35.6-3-9Continuing professional education Sec. 9. The board shall, by appropriate rule, provide for the continuing professional education of persons subject to this article.
Formerly: Acts 1973, P.L.262, SEC.1. As amended by P.L.149-1987, SEC.118.
IC 25-35.6-3-10Violations Sec. 10. A person who violates this article commits a Class B misdemeanor.
Formerly: Acts 1973, P.L.262, SEC.1. As amended by Acts 1978, P.L.2, SEC.2560.
IC 25-35.6-4Chapter 4. Unlawful Practices
25-35.6-4-1Sale, leasing, or rental of hearing aids to be done by hearing aid dealer or audiologist; penalty
IC 25-35.6-4-1Sale, leasing, or rental of hearing aids to be done by hearing aid dealer or audiologist; penalty Sec. 1. (a) This section does not apply to the following:
(1) A prescription or order by a person who:
(A) is licensed, certified, registered, or regulated by a board listed in IC 25-1-9-1; and
(B) has authority to issue a prescription or order for a hearing aid.
(2) The sale, use, marketing, provision of customer services, or distribution of an over-the-counter hearing aid.
(b) A person may not sell, lease, or rent a prescription hearing aid (as defined in IC 25-20-1-1) in Indiana unless the hearing aid has been fitted in person by any of the following:
(1) A hearing aid dealer who has been issued a certificate of registration under IC 25-20.
(2) An audiologist who is licensed under this article.
(c) A person who violates this section commits a Class B infraction.
As added by P.L.178-2014, SEC.4. Amended by P.L.37-2025, SEC.5.
IC 25-35.6-5Chapter 5. Audiology and Speech-Language Pathology Interstate Compact
25-35.6-5-1Purpose 25-35.6-5-2Definitions 25-35.6-5-3Recognition of license; criminal history; license requirements; laws of member states; fees; compliance with laws and rules 25-35.6-5-4Requirements for audiologists and speech-language pathologists; residence; compact privilege expiration; regulatory authority; encumbered licenses 25-35.6-5-5Telehealth 25-35.6-5-6Military personnel and spouses 25-35.6-5-7Remote state authority; adverse actions; investigations; alternative discipline 25-35.6-5-8Establishment of commission; members; powers and duties; executive committee; closed meetings; commission finances; qualified immunity 25-35.6-5-9Data base and reporting system; data submission; expungement 25-35.6-5-10Adoption of rules 25-35.6-5-11Dispute resolution 25-35.6-5-12Effective date of compact; withdraw; amendment 25-35.6-5-13Construction and severability 25-35.6-5-14Binding effect of compact
IC 25-35.6-5-1Purpose Sec. 1. The purpose of this compact is to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The practice of audiology and speech-language pathology occurs in the state where the patient/client/student is located at the time of the patient/client/student encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This compact is designed to achieve the following objectives:
(1) Increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses.
(2) Enhance the states' ability to protect the public's health and safety.
(3) Encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice.
(4) Support spouses of relocating active duty military personnel.
(5) Enhance the exchange of licensure, investigative, and disciplinary information between member states.
(6) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards.
(7) Allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services.
As added by P.L.149-2022, SEC.19.
IC 25-35.6-5-2Definitions Sec. 2. As used in this compact, and except as otherwise provided, the following definitions shall apply throughout this chapter:
(1) "Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 and 10 U.S.C. Chapter 1211.
(2) "Adverse action" means any administrative, civil, equitable, or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against an audiologist or speech-language pathologist, including actions against an individual's license or privilege to practice, such as revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee's practice.
(3) "Alternative program" means a nondisciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners.
(4) "Audiologist" means an individual who is licensed by a state to practice audiology.
(5) "Audiology" means the care and services provided by a licensed audiologist as set forth in the member state's statutes and rules.
(6) "Audiology and speech-language pathology licensing board", "audiology licensing board", "speech-language pathology licensing board", or "licensing board" means the agency of a state that is responsible for the licensing and regulation of audiologists, speech-language pathologists, or both.
(7) "Commission" means the Audiology and Speech-Language Pathology Compact Commission, the national administrative body whose membership consists of all states that have enacted the compact, that is established under section 8 of this chapter.
(8) "Compact privilege" means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or speech-language pathologist in the remote state under its laws and rules. The practice of audiology or speech-language pathology occurs in the member state where the patient/client/student is located at the time of the patient/client/student encounter.
(9) "Data system" means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, compact privilege, and adverse action.
(10) "Encumbered license" means a license in which an adverse action restricts the practice of audiology or speech-language pathology by the licensee and said adverse action has been reported to the National Practitioner Data Bank (NPDB).
(11) "Executive committee" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.
(12) "Home state" means the member state that is the licensee's primary state of residence.
(13) "Impaired practitioner" means an individual whose professional practice is adversely affected by substance abuse, addiction, or other health related conditions.
(14) "Investigative information" means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the audiologist or speech-language pathologist to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.
(15) "Licensee" means an individual who currently holds an authorization from the state licensing board to practice as an audiologist or speech-language pathologist.
(16) "Member state" means a state that has enacted the compact.
(17) "Privilege to practice" means a legal authorization permitting the practice of audiology or speech-language pathology in a remote state.
(18) "Remote state" means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege.
(19) "Rule" means a regulation, principle, or directive promulgated by the commission that has the force of law.
(20) "Single-state license" means an audiology or speech-language pathology license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.
(21) "Speech-language pathologist" means an individual who is licensed by a state to practice speech-language pathology.
(22) "Speech-language pathology" means the care and services provided by a licensed speech-language pathologist as set forth in the member state's statutes and rules.
(23) "State" means any state, commonwealth, district, or territory of the United States of America that regulates the practice of audiology and speech-language pathology.
(24) "State practice laws" means a member state's laws, rules, and regulations that govern the practice of audiology or speech-language pathology, define the scope of audiology or speech-language pathology practice, and create the methods and grounds for imposing discipline.
(25) "Telehealth" means the application of telecommunication technology to deliver audiology or speech-language pathology services at a distance for any of the following:
(A) Assessment.
(B) Intervention.
(C) Consultation.
As added by P.L.149-2022, SEC.19.
IC 25-35.6-5-3Recognition of license; criminal history; license requirements; laws of member states; fees; compliance with laws and rules Sec. 3. (a) A license issued to an audiologist or speech-language pathologist by a home state to a resident in that state shall be recognized by each member state as authorizing an audiologist or speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in each member state.
(b) A state must implement or utilize procedures for considering the criminal history records of applicants for initial privilege to practice. These procedures shall include the submission of fingerprints or other biometric based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records. The following apply to the criminal history records:
(1) A member state must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions.
(2) Communication between a member state, the commission, and among member states regarding the verification of eligibility for licensure through the compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under federal Public Law 92-544.
(c) Upon application for a privilege to practice, the licensing board in the issuing remote state shall ascertain, through the data system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or privilege to practice held by the applicant, and whether any adverse action has been taken against any license or privilege to practice held by the applicant.
(d) Each member state shall require an applicant to obtain or retain a license in the home state and meet the home state's qualifications for licensure or renewal of licensure, as well as all other applicable state laws.
(e) An audiologist must meet the following requirements:
(1) Must meet one (1) of the following educational requirements:
(A) On or before December 31, 2007, has graduated with a master's degree or doctorate in audiology or equivalent degree regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board.
(B) On or after January 1, 2008, has graduated with a doctoral degree in audiology or equivalent degree, regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board.
(C) Has graduated from an audiology program that is housed in an institution of higher education outside of the United States:
(i) for which the program and institution have been approved by the authorized accrediting body in the applicable country; and
(ii) the degree program of which has been verified by an independent credentials review agency to be comparable to a state licensing board approved program.
(2) Has completed a supervised clinical practicum experience from an accredited educational institution or its cooperating programs as required by the commission.
(3) Has successfully passed a national examination approved by the commission.
(4) Holds an active, unencumbered license.
(5) Has not been convicted or found guilty, and has not entered into an agreed disposition, of a felony related to the practice of audiology, under applicable state or federal criminal law.
(6) Has a valid United States Social Security or National Practitioner Identification number.
(f) A speech-language pathologist must meet the following requirements:
(1) Must meet one (1) of the following educational requirements:
(A) Has graduated with a master's degree from a speech-language pathology program that is accredited by an organization recognized by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board.
(B) Has graduated from a speech-language pathology program that is housed in an institution of higher education outside of the United States:
(i) for which the program and institution have been approved by the authorized accrediting body in the applicable country; and
(ii) the degree program of which has been verified by an independent credentials review agency to be comparable to a state licensing board approved program.
(2) Has completed a supervised clinical practicum experience from an educational institution or its cooperating programs as required by the commission.
(3) Has completed a supervised postgraduate professional experience as required by the commission.
(4) Has successfully passed a national examination approved by the commission.
(5) Holds an active, unencumbered license.
(6) Has not been convicted or found guilty, and has not entered into an agreed disposition, of a felony related to the practice of speech-language pathology, under applicable state or federal criminal law.
(7) Has a valid United States Social Security or National Practitioner Identification number.
(g) The privilege to practice is derived from the home state license.
(h) An audiologist or speech-language pathologist practicing in a member state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of audiology and speech-language pathology shall include all audiology and speech-language pathology practice as defined by the state practice laws of the member state in which the client is located. The practice of audiology and speech-language pathology in a member state under a privilege to practice shall subject an audiologist or speech-language pathologist to the jurisdiction of the licensing board, the courts, and the laws of the member state in which the client is located at the time service is provided.
(i) Individuals not residing in a member state shall continue to be able to apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting the privilege to practice audiology or speech-language pathology in any other member state. Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
(j) Member states may charge a fee for granting a compact privilege.
(k) Member states must comply with the bylaws and rules and regulations of the commission.
As added by P.L.149-2022, SEC.19.
IC 25-35.6-5-4Requirements for audiologists and speech-language pathologists; residence; compact privilege expiration; regulatory authority; encumbered licenses Sec. 4. (a) To exercise the compact privilege under the terms and provisions of the compact, the audiologist or speech-language pathologist shall do the following:
(1) Hold an active license in the home state.
(2) Have no encumbrance on any state license.
(3) Be eligible for a compact privilege in any member state in accordance with section 3 of this chapter.
(4) Have not had any adverse action against any license or compact privilege within the previous two (2) years from date of application.
(5) Notify the commission that the licensee is seeking the compact privilege within one (1) or more remote states.
(6) Pay any applicable fees, including any state fee, for the compact privilege.
(7) Report to the commission adverse action taken by any nonmember state within thirty (30) days from the date the adverse action is taken.
(b) For the purposes of the compact privilege, an audiologist or speech-language pathologist shall only hold one (1) home state license at a time.
(c) Except as provided in section 6 of this chapter, if an audiologist or speech-language pathologist changes primary state of residence by moving between two (2) member states, the audiologist or speech-language pathologist must apply for licensure in the new home state, and the license issued by the prior home state shall be deactivated in accordance with applicable rules adopted by the commission.
(d) The audiologist or speech-language pathologist may apply for licensure in advance of a change in primary state of residence.
(e) A license shall not be issued by the new home state until the audiologist or speech-language pathologist provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a license from the new home state.
(f) If an audiologist or speech-language pathologist changes primary state of residence by moving from a member state to a nonmember state, the license issued by the prior home state shall convert to a single state license, valid only in the former home state.
(g) The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of subsection (a) to maintain the compact privilege in the remote state.
(h) A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
(i) A licensee providing audiology or speech-language pathology services in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, take any of the following actions:
(1) Remove a licensee's compact privilege in the remote state for a specific period of time.
(2) Impose fines.
(3) Take any other necessary actions to protect the health and safety of its citizens.
(j) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:
(1) The home state license is no longer encumbered.
(2) Two (2) years have elapsed from the date of the adverse action.
(k) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (a) to obtain a compact privilege in any remote state.
(l) Once the requirements of subsection (j) are met, the licensee must meet the requirements in subsection (a) to obtain a compact privilege in a remote state.
As added by P.L.149-2022, SEC.19.
IC 25-35.6-5-5Telehealth Sec. 5. (a) Member states shall recognize the right of an audiologist or speech-language pathologist, licensed by a home state in accordance with section 3 of this chapter and under rules promulgated by the commission, to practice audiology or speech-language pathology in any member state via telehealth under a privilege to practice as provided in the compact and rules promulgated by the commission.
(b) A licensee providing audiology or speech-language pathology services in a remote state under the compact shall function within the laws and regulations of the remote state.
As added by P.L.149-2022, SEC.19.
IC 25-35.6-5-6Military personnel and spouses Sec. 6. Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change their home state through application for licensure in the new state.
As added by P.L.149-2022, SEC.19.
IC 25-35.6-5-7Remote state authority; adverse actions; investigations; alternative discipline Sec. 7. (a) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to do the following:
(1) Take adverse action against an audiologist's or speech-language pathologist's privilege to practice within that member state.
(2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.
Only the home state shall have the power to take adverse action against an audiologist's or speech-language pathologist's license issued by the home state.
(b) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
(c) The home state shall complete any pending investigations of an audiologist or speech-language pathologist who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take any appropriate actions and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any adverse actions.
(d) If otherwise permitted by state law, a member state may recover from the affected audiologist or speech-language pathologist the costs of investigations and disposition of cases resulting from any adverse action taken against that audiologist or speech-language pathologist.
(e) A member state may take adverse action based on the factual findings of the remote state, provided that the member state follows the member state's own procedures for taking the adverse action.
(f) The following apply to joint investigations:
(1) In addition to the authority granted to a member state by its respective audiology or speech-language pathology practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.
(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
(g) If adverse action is taken by the home state against an audiologist's or speech-language pathologist's license, the audiologist's or speech-language pathologist's privilege to practice in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an audiologist's or speech-language pathologist's license shall include a statement that the audiologist's or speech-language pathologist's privilege to practice is deactivated in all member states during the pendency of the order.
(h) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states.
(i) Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action.
As added by P.L.149-2022, SEC.19.
IC 25-35.6-5-8Establishment of commission; members; powers and duties; executive committee; closed meetings; commission finances; qualified immunity Sec. 8. (a) The compact member states hereby create and establish a joint public agency known as the Audiology and Speech-Language Pathology Compact Commission. The following apply to the commission:
(1) The commission is an instrumentality of the compact states.
(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
(b) The following apply to the membership, voting, and meetings of the commission:
(1) Each member state shall have two (2) delegates selected by that member state's licensing board. The delegates shall be current members of the licensing board. One (1) shall be an audiologist and one (1) shall be a speech-language pathologist.
(2) An additional five (5) delegates, who are either a public member or board administrator from a state licensing board, shall be chosen by the executive committee from a pool of nominees provided by the commission at large.
(3) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.
(4) The member state board shall fill any vacancy occurring on the commission, within ninety (90) days.
(5) Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission.
(6) A delegate shall vote in person or by other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.
(7) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
(c) The commission shall have the following powers and duties:
(1) Establish the fiscal year of the commission.
(2) Establish bylaws.
(3) Establish a code of ethics.
(4) Maintain its financial records in accordance with the bylaws.
(5) Meet and take actions as are consistent with the provisions of this compact and the bylaws.
(6) Promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all member states.
(7) Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state audiology or speech-language pathology licensing board to sue or be sued under applicable law shall not be affected.
(8) Purchase and maintain insurance and bonds.
(9) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state.
(10) Hire employees, elect or appoint officers, fix compensation, define duties, grant individuals appropriate authority to carry out the purposes of the compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.
(11) Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same, provided that at all times the commission shall avoid any appearance of impropriety, conflict of interest, or both.
(12) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use any property, real, personal, or mixed, provided that at all times the commission shall avoid any appearance of impropriety.
(13) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed.
(14) Establish a budget and make expenditures.
(15) Borrow money.
(16) Appoint committees, including standing committees composed of members, and other interested persons as may be designated in this compact and the bylaws.
(17) Provide and receive information from, and cooperate with, law enforcement agencies.
(18) Establish and elect an executive committee.
(19) Perform other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of audiology and speech-language pathology licensure and practice.
(d) The commission does not have authority to change or modify the laws of the member states that define the practice of audiology and speech-language pathology in the respective member states.
(e) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact. The executive committee shall be composed of ten (10) members as follows:
(1) Seven (7) voting members who are elected by the commission from the current membership of the commission.
(2) Two (2) ex-officios, consisting of one (1) nonvoting member from a recognized national audiology professional association and one (1) nonvoting member from a recognized national speech-language pathology association.
(3) One (1) ex-officio, nonvoting member from the recognized membership organization of the audiology and speech-language pathology licensing boards.
(f) The ex-officio members of the executive committee shall be selected by their respective organizations.
(g) The commission may remove any member of the executive committee as provided in bylaws.
(h) The executive committee shall meet at least annually.
(i) The executive committee shall have the following duties and responsibilities:
(1) Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact member states such as annual dues, and any commission compact fee charged to licensees for the compact privilege.
(2) Ensure compact administration services are appropriately provided, contractual or otherwise.
(3) Prepare and recommend the budget.
(4) Maintain financial records on behalf of the commission.
(5) Monitor compact compliance of member states and provide compliance reports to the commission.
(6) Establish additional committees as necessary.
(7) Other duties as provided in rules or bylaws.
(j) All meetings of the commission shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in section 10 of this chapter.
(k) The commission, the executive committee, or other committees of the commission may convene in a closed, nonpublic meeting if the commission or executive committee or other committees of the commission must discuss:
(1) noncompliance of a member state with its obligations under the compact;
(2) the employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures;
(3) current, threatened, or reasonably anticipated litigation;
(4) negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
(5) accusing any person of a crime or formally censuring any person;
(6) disclosure of trade secrets or commercial or financial information that is privileged or confidential;
(7) disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(8) disclosure of investigative records compiled for law enforcement purposes;
(9) disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or
(10) matters specifically exempted from disclosure by federal or member state statute.
If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
(l) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in minutes. All minutes and documents of meetings other than closed meetings shall be made available to members of the public upon request and at the requesting person's expense. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
(m) The following apply concerning the financing of the commission:
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(2) The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
(3) The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission, which shall promulgate a rule binding upon all member states.
(n) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.
(o) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.
(p) Concerning issues of qualified immunity, defense, and indemnification the following apply:
(1) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties, or responsibilities, provided that nothing in this subdivision shall be construed to protect any person from suit, liability, or both, for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
(2) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel, and provided further that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
As added by P.L.149-2022, SEC.19.
IC 25-35.6-5-9Data base and reporting system; data submission; expungement Sec. 9. (a) The commission shall provide for the development, maintenance, and utilization of a coordinated data base and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
(b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:
(1) identifying information;
(2) licensure data;
(3) adverse actions against a license or compact privilege;
(4) nonconfidential information related to alternative program participation;
(5) any denial of application for licensure, and the reason or reasons for denial; and
(6) other information that may facilitate the administration of this compact, as determined by the rules of the commission.
(c) Investigative information pertaining to a licensee in any member state shall only be available to other member states.
(d) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state shall be available to any other member state.
(e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
As added by P.L.149-2022, SEC.19.
IC 25-35.6-5-10Adoption of rules Sec. 10. (a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
(b) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, within four (4) years of the date of adoption of the rule, the rule shall have no further force and effect in any member state.
(c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
(d) Prior to promulgation and adoption of a final rule or rules by the commission, and at least thirty (30) days in advance of the meeting at which the rule shall be considered and voted upon, the commission shall file a notice of proposed rulemaking:
(1) on the Internet web site of the commission or other publicly accessible platform; and
(2) on the Internet web site of each member state audiology or speech-language pathology licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.
(e) The notice of proposed rulemaking shall include:
(1) the proposed time, date, and location of the meeting in which the rule shall be considered and voted upon;
(2) the text of the proposed rule or amendment and the reason for the proposed rule;
(3) a request for comments on the proposed rule from any interested person; and
(4) the manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
(f) Prior to the adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.
(g) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
(1) at least twenty-five (25) persons;
(2) a state or federal governmental subdivision or agency; or
(3) an association having at least twenty-five (25) members.
(h) If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for access to the electronic hearing. The following requirements apply to the hearing:
(1) All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.
(2) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
(3) All hearings shall be recorded. A copy of the recording shall be made available to any person upon request and at the requesting person's expense.
(4) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
(j) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.
(k) The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
(l) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order to:
(1) meet an imminent threat to public health, safety, or welfare;
(2) prevent a loss of commission or member state funds; or
(3) meet a deadline for the promulgation of an administrative rule that is established by federal law or rule.
(m) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the Internet web site of the commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
As added by P.L.149-2022, SEC.19.
IC 25-35.6-5-11Dispute resolution Sec. 11. (a) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states.
(b) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.
(c) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
(d) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorney's fees.
(e) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
As added by P.L.149-2022, SEC.19.
IC 25-35.6-5-12Effective date of compact; withdraw; amendment Sec. 12. (a) The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
(b) Any state that joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
(c) Any member state may withdraw from this compact by enacting a statute repealing the same. The following apply to the withdrawal of a member state:
(1) A member state's withdrawal shall not take effect until six (6) months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's audiology or speech-language pathology licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(d) Nothing contained in this compact shall be construed to invalidate or prevent any audiology or speech-language pathology licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.
(e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
As added by P.L.149-2022, SEC.19.
IC 25-35.6-5-13Construction and severability Sec. 13. This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
As added by P.L.149-2022, SEC.19.
IC 25-35.6-5-14Binding effect of compact Sec. 14. (a) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
(b) All laws in a member state in conflict with the compact are superseded to the extent of the conflict.
(c) All lawful actions of the commission, including all rules and bylaws promulgated by the commission, are binding upon the member states.
(d) All agreements between the commission and the member states are binding in accordance with their terms.
(e) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
As added by P.L.149-2022, SEC.19.
IC 25-36ARTICLE 36. REPEALEDRepealed by P.L.234-1995, SEC.31.
IC 25-36.1ARTICLE 36.1. CERTIFIED SURGICAL TECHNOLOGISTS
Ch. 1.Penalty for Activity by Noncertified Individuals Ch. 2.Practicing Surgical Technology
IC 25-36.1-1Chapter 1. Penalty for Activity by Noncertified Individuals
25-36.1-1-1Certified surgical technologist 25-36.1-1-2Violations
IC 25-36.1-1-1Certified surgical technologist Sec. 1. An individual may not:
(1) profess to be a certified surgical technologist; or
(2) use the initials "CST" or any other words, letters, abbreviations, or insignia indicating or implying that the individual is a certified surgical technologist;
unless the individual holds and maintains the Certified Surgical Technologist Credential administered by the National Board of Surgical Technology and Surgical Assisting (NBSTSA).
As added by P.L.36-2007, SEC.1.
IC 25-36.1-1-2Violations Sec. 2. An individual who knowingly, recklessly, or intentionally violates this chapter commits a Class B misdemeanor.
As added by P.L.36-2007, SEC.1.
IC 25-36.1-2Chapter 2. Practicing Surgical Technology
25-36.1-2-1"Health care facility" 25-36.1-2-2"Operating room circulator" 25-36.1-2-2.8"Surgical assistance" 25-36.1-2-3"Surgical technology" 25-36.1-2-4Licensed practitioners acting within scope of practice not prohibited 25-36.1-2-5Requirements to practice surgical technology in a health care facility 25-36.1-2-6Assistance to an operating room circulator requirements; presence of operating room circulator 25-36.1-2-7Requirements to provide surgical assistance in a health care facility
IC 25-36.1-2-1"Health care facility" Sec. 1. As used in this chapter, "health care facility" means the following:
(1) A hospital that is licensed under IC 16-21-2.
(2) An ambulatory outpatient surgical center licensed under IC 16-21-2.
(3) A birthing center licensed under IC 16-21-2.
As added by P.L.97-2009, SEC.1. Amended by P.L.179-2022(ss), SEC.42.
IC 25-36.1-2-2"Operating room circulator" Sec. 2. As used in this chapter, "operating room circulator" means an individual who is:
(1) licensed as a registered nurse under IC 25-23;
(2) educated, trained, and experienced in perioperative nursing, as determined by the health care facility; and
(3) responsible for coordinating all nursing care, patient safety needs, and needs of the surgical team in the operating room during a surgical procedure.
As added by P.L.97-2009, SEC.1.
IC 25-36.1-2-2.8"Surgical assistance" Sec. 2.8. As used in this chapter, "surgical assistance" means intraoperative surgical patient care that involves the following:
(1) Making incisions.
(2) Closing surgical sites.
(3) Manipulating or removing tissue.
(4) Implanting surgical devices or drains.
(5) Placing catheters or clamps.
(6) Cauterizing blood vessels or tissue.
(7) Applying dressing to a surgical site.
(8) Harvesting veins.
(9) Injecting local anesthetic.
(10) Other minor surgical tasks similar to those described in subdivisions (1) through (9).
As added by P.L.152-2024, SEC.9.
IC 25-36.1-2-3"Surgical technology" Sec. 3. As used in this chapter, "surgical technology" means intraoperative surgical patient care that involves the following:
(1) Preparing the operating room for surgical procedures by:
(A) ensuring that surgical equipment is functioning properly and safely; and
(B) preparing sterile supplies, instruments, and equipment using sterile technique.
(2) Anticipating the needs of the surgical team based on knowledge of human anatomy and pathophysiology relating to the surgical patient and the patient's surgical procedure.
(3) Performing tasks in an operating room setting in the sterile field, including the following:
(A) Passing supplies, equipment, or instruments.
(B) Suctioning or sponging an operative site.
(C) Preparing and cutting suture material.
(D) Transferring and irrigating with fluids.
(E) Transferring, without administering, drugs within the sterile field.
(F) Handling specimens.
(G) Holding retractors.
(H) Assisting in counting sponges, needles, supplies, and instruments with an operating room circulator as allowed under section 6 of this chapter.
As added by P.L.97-2009, SEC.1.
IC 25-36.1-2-4Licensed practitioners acting within scope of practice not prohibited Sec. 4. This chapter does not prohibit a licensed practitioner from performing surgical technology functions if the practitioner is acting within the scope of the practitioner's license.
As added by P.L.97-2009, SEC.1.
IC 25-36.1-2-5Requirements to practice surgical technology in a health care facility Sec. 5. (a) Except as provided in section 4 of this chapter, an individual may not practice surgical technology in a health care facility unless the individual meets one (1) of the following requirements:
(1) Is certified under IC 25-36.1-1.
(2) Has completed a surgical technology program provided by the United States Army, United States Navy, United States Air Force, United States Marine Corps, United States Space Force, or United States Coast Guard, or the commissioned corps of the United States Public Health Service.
(3) Provides evidence to the health care facility that the individual was employed to practice surgical technology in a health care facility before July 1, 2009.
(4) Is performing duties related to the individual's employment by the federal government.
(5) Is practicing surgical technology during the twelve (12) month period immediately following the completion of a degree from an accredited school of surgical technology.
(6) Has the appropriate abilities, as determined by the health care facility.
(b) An individual who is:
(1) described in subsection (a)(1), (a)(2), or (a)(3); and
(2) practicing surgical technology in a health care facility;
annually shall complete fifteen (15) hours of continuing education concerning surgical technology in order to continue practicing surgical technology.
(c) An individual who wants to practice surgical technology in a health care facility is responsible for establishing to the satisfaction of the health care facility that the individual has complied with this section.
(d) An individual practicing surgical technology in a health care facility is responsible for immediately notifying in writing the governing body of the health care facility, or the governing body's designee, of any changes in the individual's compliance with this section.
(e) A health care facility shall maintain copies of any written documentation provided by the individual to the health care facility under subsection (c) or (d) to show compliance with this section.
(f) This chapter does not require a health care facility to permit an individual described in subsection (a) to perform surgical technology services at the health care facility.
As added by P.L.97-2009, SEC.1. Amended by P.L.238-2025, SEC.78.
IC 25-36.1-2-6Assistance to an operating room circulator requirements; presence of operating room circulator Sec. 6. (a) An individual described in section 5(a) of this chapter may assist an operating room circulator in performing circulating duties if the individual:
(1) has the necessary education, training, and experience, as determined by the health care facility; and
(2) is:
(A) assigned to perform the tasks by the health care facility; and
(B) supervised;
by the operating room circulator.
(b) An operating room circulator that is being assisted by an individual described in section 5(a) of this chapter shall be present in the operating room for the duration of the surgical procedure. However, the operating room circulator may leave the operating room for short periods of time as prescribed by the health care facility's policies.
As added by P.L.97-2009, SEC.1.
IC 25-36.1-2-7Requirements to provide surgical assistance in a health care facility Sec. 7. (a) An individual who provides evidence to a health care facility that the individual was employed before July 1, 2009:
(1) to provide surgical assistance;
(2) under the supervision of a surgeon; and
(3) in a health care facility;
may provide surgical assistance in a health care facility.
(b) This chapter does not require a health care facility to permit an individual described in subsection (a) to provide surgical assistance at the health care facility.
As added by P.L.152-2024, SEC.10.
IC 25-36.5ARTICLE 36.5. TIMBER BUYERS
Ch. 1.Regulation of Timber Buyers by Department of Natural Resources
IC 25-36.5-1Chapter 1. Regulation of Timber Buyers by Department of Natural Resources
25-36.5-1-1Definitions 25-36.5-1-2Application for registration; contents; filing; prior registration 25-36.5-1-2.1Purchasing timber; contracts in writing 25-36.5-1-3Bond or certificate of deposit; requisites; cancellation; forfeiture proceedings; preliminary injunction or restraining order 25-36.5-1-3.1Notice of violation of chapter or rules 25-36.5-1-3.2Adjudicative proceeding against timber buyer or cutter 25-36.5-1-3.3Bond or security forfeiture proceeds; overage and shortage; effect 25-36.5-1-3.5Cessation of business; requirements for return of deposit 25-36.5-1-4Violations 25-36.5-1-4.9Refusal to issue timber buyer registration certificate; grounds 25-36.5-1-5Repealed 25-36.5-1-6Issuance of registration certificates; renewal 25-36.5-1-7Fees; use by department 25-36.5-1-8Inspection of premises, records, and papers 25-36.5-1-9Rules and regulations 25-36.5-1-10Violations 25-36.5-1-11Denial of registration for default 25-36.5-1-12Revocation of license; proceedings 25-36.5-1-13Injunction; contempt proceedings 25-36.5-1-13.5Civil penalties 25-36.5-1-14Judicial review 25-36.5-1-15Agents; license; requirements; revocation; termination of agency relationship; misdemeanor 25-36.5-1-16Denial, suspension, or revocation of license or registration; grounds; hearing 25-36.5-1-17Repealed 25-36.5-1-18Criminal history of applicants for registration certificate or license
IC 25-36.5-1-1Definitions Sec. 1. As used in this chapter:
"Person" means an individual, partnership, firm, association, business trust, limited liability company, or corporation.
"Timber" means trees, standing or felled, and logs which can be used for sawing or processing into lumber for building or structural purposes or for the manufacture of any article. "Timber" does not include firewood, Christmas trees, fruit or ornamental trees, or wood products not used or to be used for building, structural, manufacturing, or processing purposes.
"Timber buyer" means a person engaged in the business of buying timber from timber growers for sawing into lumber, processing, or resale, but does not include a person who occasionally purchases timber for sawing or processing for his own use and not for resale.
"Timber grower" means the owner, tenant, or operator of land in this state who has an interest in, or is entitled to receive any part of the proceeds from, the sale of timber grown in this state and includes persons exercising lawful authority to sell timber for a timber grower.
"Department" means the department of natural resources.
"Director" means the director of the department of natural resources.
"Agent" means an individual who represents a timber buyer in effecting or attempting to effect purchases of timber.
"Buying" means acquiring an interest in property by the payment of a price, value, or other consideration.
Formerly: Acts 1972, P.L.190, SEC.1; Acts 1975, P.L.274, SEC.1. As amended by P.L.253-1983, SEC.1; P.L.158-1988, SEC.1; P.L.8-1993, SEC.397.
IC 25-36.5-1-2Application for registration; contents; filing; prior registration Sec. 2. (a) On and after July 28, 1972, no person shall engage in the business of timber buying in the state of Indiana without a registration certificate issued by the department. Application for Indiana registration to engage in the business of timber buying shall be filed with the department. Such application shall set forth the name of the applicant, its principal officers if the applicant is a corporation, its managers and members if the applicant is a limited liability company, or the partners if the applicant is a partnership, the location of any principal office or place of business of the applicant, the counties in this state from which the applicant proposes to engage in the business of timber buying and such additional information as the department by regulation may require.
(b) The application shall set forth the aggregate dollar amount paid to timber growers for timber purchased in this state during the applicant's last completed fiscal or calendar year. In the event the applicant has been engaged as a timber buyer for less than one (1) year, his application shall set forth the dollar amount paid to timber growers for the number of completed months during which the applicant has been so engaged. If the applicant has not been previously engaged in buying timber in this state, the application shall set forth the estimated aggregate dollar amount to be paid by the applicant to timber growers for timber to be purchased from them during the next succeeding year.
(c) The registrations of any persons registered as timber buyers under any prior law in this state shall remain valid until the expiration date of that certificate, unless suspended or revoked. After the expiration of such registrations, all persons engaged in the business of timber buying must be registered under this chapter.
Formerly: Acts 1972, P.L.190, SEC.1. As amended by Acts 1982, P.L.154, SEC.128; P.L.8-1993, SEC.398.
IC 25-36.5-1-2.1Purchasing timber; contracts in writing Sec. 2.1. (a) A contract to purchase timber must be in writing pursuant to:
(1) the Uniform Commercial Code (IC 26-1); and
(2) the rules adopted by the department.
(b) No person shall engage in the purchase of timber with a timber grower without a written contract as described in subsection (a).
(c) Each timber purchase without a written contract constitutes a separate and distinct violation under this chapter.
(d) Failure to have a written contract to purchase timber does not limit the remedies available to a timber grower under this chapter.
As added by P.L.141-2022, SEC.49.
IC 25-36.5-1-3Bond or certificate of deposit; requisites; cancellation; forfeiture proceedings; preliminary injunction or restraining order Sec. 3. (a) Every person registered as a timber buyer shall file with the department an effective surety bond issued by a corporate surety authorized to engage in the business of executing surety bonds in Indiana.
(b) Instead of the bond required by subsection (a), the department may accept security in cash or a certificate of deposit under terms established by rule.
(c) The security required under subsection (a) or (b) shall be made payable upon demand to the director, subject to this chapter, for the use and benefit of the people of Indiana and for the use and benefit of any timber grower from whom the applicant purchased and who is not paid by the applicant or for the use and benefit of any timber grower whose timber has been cut by the applicant or registrant or the applicant's or registrant's agents, and who has not been paid for the timber.
(d) The security required under subsection (a) or (b) shall be in the principal amount of five thousand dollars ($5,000) for an applicant who paid timber growers ten thousand dollars ($10,000) or less for timber during the immediate preceding year, and an additional one hundred dollars ($100) for each additional one thousand dollars ($1,000) or fraction thereof paid to timber growers for timber purchased during the preceding year. However:
(1) before January 1, 2017, the security required may not be more than twenty thousand dollars ($20,000); and
(2) after December 31, 2016, the security required may not be more than fifty thousand dollars ($50,000).
If an applicant has not previously engaged in business as a timber buyer, the amount of the bond shall be based on the estimated dollar amount to be paid by the timber buyer to timber growers for timber purchased during the next succeeding year, as set forth in the application.
(e) The security required under subsection (a) or (b) shall not be canceled or altered during the period for which the certificate to the applicant was issued except upon at least sixty (60) days notice in writing to the department.
(f) Security shall be in a form and contain the terms and conditions as may be approved from time to time by the director, be conditioned to secure an honest cutting and accounting for timber purchased by the registrant, secure payment to the timber growers, and insure the timber growers against all fraudulent acts of the registrant in the purchase and cutting of the timber of this state.
(g) If a timber buyer fails to pay when due any amount due a timber grower for timber purchased, or fails to pay legally determined damages for timber wrongfully cut by a timber buyer or the timber buyer's agent, or commits any violation of this chapter, an adjudicative proceeding on the bond for forfeiture may be commenced, and notice of the proceeding shall be provided, under IC 4-21.5-3-6. A surety or person in possession of the security provided under subsection (a) or (b) is entitled to notification of the proceeding. If a final agency action is entered by the department under this subsection against the timber buyer, the surety or other person in possession of the security shall deliver the amount of the security identified in the order. A proceeding for forfeiture of a timber buyer's bond under IC 4-21.5 is the exclusive remedy under law for the forfeiture of the bond.
(h) An owner of property seeking a preliminary injunction or restraining order against a person, corporation, or other entity to prevent or stop the wrongful cutting of timber on the owner's property is relieved of the requirement to post a bond or other security with the court as a prerequisite to the issuance of the preliminary injunction or restraining order. However, this subsection does not apply to a property owner who seeks a preliminary injunction or restraining order to prevent or stop alleged wrongful cutting by a timber cutter or timber buyer with whom the property owner had contracted for the cutting or sale of timber.
Formerly: Acts 1972, P.L.190, SEC.1. As amended by P.L.253-1983, SEC.2; P.L.158-1988, SEC.2; P.L.220-1993, SEC.1; P.L.98-2001, SEC.3; P.L.155-2015, SEC.27.
IC 25-36.5-1-3.1Notice of violation of chapter or rules Sec. 3.1. The department may under IC 4-21.5-3-6 issue a notice of violation against a person who has violated this chapter or the rules adopted under this chapter. The notice of violation shall be issued to the registrant and the registrant's sureties stating in general terms:
(1) the nature of the violation; and
(2) that a proceeding seeking forfeiture of the bond may be commenced twenty (20) days after service of the notice on the registrant if at the end of that period the violation still remains and neither the registrant nor the surety has asked for judicial review of the notice.
As added by P.L.220-1993, SEC.2.
IC 25-36.5-1-3.2Adjudicative proceeding against timber buyer or cutter Sec. 3.2. (a) This section refers to an adjudicative proceeding against:
(1) a timber buyer; or
(2) a person who cuts timber but is not a timber buyer (referred to as a "timber cutter" in this section).
(b) The department may under IC 4-21.5-3-8 commence a proceeding against a timber buyer or a timber cutter if there is reason to believe that:
(1) the timber buyer or timber cutter has acquired timber from a timber grower under a written contract for the sale of the timber without payment having been made to the timber grower as specified in the contract; or
(2) if:
(A) there is no written contract for the sale of the timber; or
(B) there is a written contract for the sale of the timber but the contract does not set forth the purchase price for the timber;
the timber buyer or timber cutter has cut timber or acquired timber from the timber grower without payment having been made to the timber grower equal to the value of the timber as determined under IC 26-1-2.
(c) A proceeding may be commenced under this section at the request of a timber grower.
(d) The necessary parties to a proceeding initiated under this section are:
(1) the timber grower; and
(2) the timber buyer or timber cutter.
(e) After the commencement of a proceeding under this section through the service of a complaint under IC 4-21.5-3-8, a party to the proceeding may move for the joinder of any of the following persons having a relationship to the site or subject of the complaint:
(1) The surety of the timber buyer.
(2) A timber buyer.
(3) A timber cutter.
(4) A landowner.
(5) An owner of land adjacent to the land from which the timber was cut.
(6) A consultant receiving a fee for services related to the timber.
(7) A professional surveyor performing an American Land Title Association and American Congress on Surveying and Mapping (ALTA/ACSM) land title survey.
(8) The department of natural resources, if the department has a relationship to the site or subject of the complaint as a landowner or owner of adjacent land.
(f) The complaint served under IC 4-21.5-3-8 to commence a proceeding under this section may seek the following:
(1) Damages in compensation for damage actually resulting from the wrongful activities of a timber buyer or timber cutter.
(2) Damages equal to three (3) times the stumpage value of any timber that is wrongfully cut or appropriated without payment.
(3) Damages for costs associated with a claim or action, including attorney's fees.
(4) Damages specified by a contract between a timber grower and a timber buyer.
(g) Notwithstanding subsection (f), the liability on the surety bond of a timber cutter is limited to the value of any timber wrongfully cut or appropriated.
(h) A proceeding under this section is governed by IC 4-21.5. Before a hearing is convened in the proceeding, a prehearing conference shall be conducted to provide the parties with an opportunity for settlement, including an opportunity for mediation.
(i) In determining the site for a hearing in a proceeding under this section, the administrative law judge shall consider the convenience of the parties.
(j) A final agency action in a proceeding under this section must address all issues of damage and responsibility and, after the completion of the opportunity for judicial review, may be enforced in a civil proceeding as a judgment.
As added by P.L.220-1993, SEC.3. Amended by P.L.57-2013, SEC.86; P.L.141-2022, SEC.50.
IC 25-36.5-1-3.3Bond or security forfeiture proceeds; overage and shortage; effect Sec. 3.3. (a) If the amount realized by the department from a bond or security forfeited under section 3(g) of this chapter, after deducting expenses incurred by the department in converting the bond or security into money, is greater than the amount of the liability of the timber buyer as determined under this chapter, the department shall pay the excess to the timber buyer who furnished the bond or security.
(b) If the amount realized by the department from a bond or security forfeited under section 3(g) of this chapter, after deducting expenses incurred by the department in converting the bond or security into money, is less than the amount of liability of the timber buyer as determined under this chapter, the timber buyer's registration may be revoked.
As added by P.L.220-1993, SEC.4.
IC 25-36.5-1-3.5Cessation of business; requirements for return of deposit Sec. 3.5. (a) A timber buyer who intends to cease doing business as a timber buyer in Indiana and who seeks the return of a deposit of cash or a certificate of deposit that the timber buyer submitted to the department under section 3(b) of this chapter must submit the following to the department:
(1) A written request for the return of the cash or certificate of deposit.
(2) An affidavit meeting the requirements set forth in subsection (b).
(b) To obtain the return of a deposit of cash or a certificate of deposit under this section, a timber buyer must execute an affidavit stating under the penalty for perjury set forth in IC 35-44.1-2-1 that the timber buyer:
(1) has ceased doing business as a timber buyer in Indiana;
(2) will not resume business as a timber buyer in Indiana after the date of the affidavit without filing a surety bond or submitting a new deposit of cash or certificate of deposit to the department;
(3) has not purchased, taken, or cut any timber for which the timber grower has not been paid; and
(4) is not a party to an executory contract for the purchase of timber under which the timber buyer has one (1) or more duties that have not been performed.
(c) Upon receiving a written request described in subsection (a)(1) and an affidavit meeting the requirements of subsection (b), the department shall publish a notice of the request in at least one (1) publication commonly read by persons active in forestry in Indiana. The notice must do the following:
(1) Identify the timber buyer requesting the release of the cash or certificate of deposit.
(2) Indicate the date of the request.
(3) State that the cash or certificate of deposit will be released to the timber buyer on a particular date, which must be at least sixty (60) days after the date of publication of the notice, unless the department is informed of a reason why the cash or certificate of deposit should not be released.
(d) On the date set forth under subsection (c)(3) in the notice given by the department, the department shall return the cash or certificate of deposit to the timber buyer unless the department has obtained information indicating that a statement set forth in the timber buyer's affidavit is false.
As added by P.L.220-1993, SEC.5. Amended by P.L.126-2012, SEC.41.
IC 25-36.5-1-4Violations Sec. 4. The following shall be unlawful and a violation of this chapter:
(a) For any timber buyer to fail to pay, as agreed, for any timber purchased.
(b) For any timber buyer to cut or cause to be cut or appropriate any timber not purchased.
(c) For a timber buyer to willfully make any false statement in connection with the application, bond or other information required to be given to the department or a timber grower.
(d) For a timber buyer to fail to honestly account to the timber grower or the department for timber purchased or cut if the buyer is under a duty to do so.
(e) For a timber buyer to commit any fraudulent act in connection with the purchase or cutting of timber.
(f) For a timber buyer to violate a provision of this chapter or a rule of the department adopted under this chapter.
Formerly: Acts 1972, P.L.190, SEC.1. As amended by P.L.141-2022, SEC.51.
IC 25-36.5-1-4.9Refusal to issue timber buyer registration certificate; grounds Sec. 4.9. The director may refuse to issue a timber buyer registration certificate to an applicant that has:
(1) been convicted of a felony;
(2) violated a provision of this chapter;
(3) violated a rule adopted by the department under this chapter; or
(4) an active or pending suspension of a timber buyer license under section 16 of this chapter.
As added by P.L.220-1993, SEC.6. Amended by P.L.141-2022, SEC.52.
IC 25-36.5-1-5RepealedFormerly: Acts 1972, P.L.190, SEC.1. Repealed by P.L.220-1993, SEC.10.
IC 25-36.5-1-6Issuance of registration certificates; renewal Sec. 6. (a) If:
(1) the department is satisfied that the applicant has fulfilled the requirements of this chapter for the issuance of a registration certificate;
(2) the bond and sureties or bank certificate of deposit filed by the applicant under section 3 of this chapter is approved; and
(3) the director does not refuse to issue the registration certificate to the applicant under section 4.9 of this chapter;
the department shall issue a registration certificate to the applicant.
(b) The registrations issued shall be valid for a calendar year and may be renewed annually. A copy of the registration certificate issued by the department shall be posted in the principal office of the registrant in this state.
(c) Upon request for a certificate and payment of the fee, the department shall issue to the registrant a certificate that a certificate of registration has been granted and a bond filed as required by this chapter.
Formerly: Acts 1972, P.L.190, SEC.1. As amended by P.L.220-1993, SEC.7.
IC 25-36.5-1-7Fees; use by department Sec. 7. The application fee or renewal fee for a registration certificate to operate as a timber buyer, is one hundred thirty dollars ($130). The fee for a certificate stating that a registration certificate has been issued and security filed is twenty dollars ($20). All fees collected by the department accrue to the use of the department for its administrative purposes.
Formerly: Acts 1972, P.L.190, SEC.1. As amended by Acts 1981, P.L.230, SEC.1; P.L.158-1988, SEC.3; P.L.186-2003, SEC.79; P.L.111-2016, SEC.42.
IC 25-36.5-1-8Inspection of premises, records, and papers Sec. 8. (a) The department may inspect the premises used by any timber buyer in the conduct of the timber buyer's business at any reasonable time and the books, accounts, records and papers of every such timber buyer shall at all times during business hours be subject to inspection by the department.
(b) A timber buyer shall keep complete and accurate records and accounts for each transaction. The timber buyer shall retain records and accounts for not less than five (5) years after a transaction.
(c) The information obtained under this section is exempt under IC 5-14-3-4(a)(1). Unless otherwise required by judicial order, the information obtained under this section may be disclosed only as follows:
(1) All of the information may be disclosed to the director or the director's designee.
(2) If a timber buyer had transactions with a particular timber grower, information about those transactions may be disclosed to that timber grower.
Formerly: Acts 1972, P.L.190, SEC.1. As amended by P.L.141-2022, SEC.53; P.L.191-2023, SEC.15.
IC 25-36.5-1-9Rules and regulations Sec. 9. The department may make such rules and regulations as may be necessary to carry out the provisions of this chapter.
Formerly: Acts 1972, P.L.190, SEC.1.
IC 25-36.5-1-10Violations Sec. 10. A person who:
(1) engages in business as a timber buyer without securing a registration or in violation of this chapter; or
(2) refuses to permit inspection of the person's premises, books, accounts, or records as provided in this chapter;
commits a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction for an offense under this section.
Formerly: Acts 1972, P.L.190, SEC.1. As amended by Acts 1978, P.L.2, SEC.2563; P.L.98-2001, SEC.4; P.L.158-2013, SEC.292.
IC 25-36.5-1-11Denial of registration for default Sec. 11. No certificate of registration shall be issued to any person who is in default to the people of the State of Indiana for moneys due under this chapter.
Formerly: Acts 1972, P.L.190, SEC.1.
IC 25-36.5-1-12Revocation of license; proceedings Sec. 12. The department may, after notice and a hearing, revoke the registration certificate or license of any person who violates any of the provisions of this chapter. All proceedings under this chapter to revoke a license shall be conducted in the manner prescribed by IC 4-21.5-3.
Formerly: Acts 1972, P.L.190, SEC.1. As amended by P.L.253-1983, SEC.3; P.L.7-1987, SEC.132.
IC 25-36.5-1-13Injunction; contempt proceedings Sec. 13. The department may, by application to any circuit court, superior court, or probate court, or to a judge thereof, obtain an injunction restraining any person who engages in the business of timber buying in this state without a certificate of registration (either because the person's certificate has been revoked or because of a failure to obtain a certificate of registration in the first instance) from engaging in such business until such person complies with this chapter and qualifies for and obtains a certificate of registration. Upon refusal or neglect to obey the order of the court or judge, said court or judge may compel obedience thereof by proceedings for contempt.
Formerly: Acts 1972, P.L.190, SEC.1. As amended by P.L.84-2016, SEC.114.
IC 25-36.5-1-13.5Civil penalties Sec. 13.5. In addition to the other penalties prescribed by this chapter, the director may, under IC 4-21.5, impose a civil penalty on a person who violates this chapter. A civil penalty imposed under this section may not exceed the following limits:
(1) For engaging in business as a timber buyer without securing a registration certificate under this chapter, ten thousand dollars ($10,000).
(2) For acting as the agent of a timber buyer without holding an agent's license under this chapter, ten thousand dollars ($10,000).
(3) For other violations of this chapter, one thousand dollars ($1,000).
As added by P.L.220-1993, SEC.8.
IC 25-36.5-1-14Judicial review Sec. 14. All final administrative decisions under this chapter shall be subject to judicial review under IC 4-21.5-5.
Formerly: Acts 1972, P.L.190, SEC.1. As amended by P.L.7-1987, SEC.133.
IC 25-36.5-1-15Agents; license; requirements; revocation; termination of agency relationship; misdemeanor Sec. 15. (a) An individual who acts as the agent of a timber buyer must have an agent's license and carry the agent's card that verifies the license.
(b) An agent's license may be granted only:
(1) to qualified individuals;
(2) at the written application of the timber buyer who the agent is to represent; and
(3) under that timber buyer's registration certificate.
(c) The application for an agent's license must contain the agent's full name, address, and other information as required by the department on forms supplied by the department. Each timber buyer is responsible for all of the agent's activities performed while acting under the timber buyer's registration certificate as they pertain to this chapter.
(d) An application fee of twenty dollars ($20) for each agent shall be charged for the license and agent's card.
(e) An agent's license may be revoked by the department under IC 4-21.5 if the agent does not comply with this section.
(f) An agent may have a license to represent only one (1) timber buyer. However, upon surrendering the agent's card and license under one (1) timber buyer, an individual may be licensed as an agent of another timber buyer.
(g) A timber buyer may not be licensed as an agent except as the principal agent of that timber buyer.
(h) A timber buyer may not effect or attempt to effect a purchase except through an agent.
(i) A timber buyer may terminate an agency relationship by notifying in writing the agent and the department. Termination of an agency relationship revokes the agent's license.
(j) A person who acts as an agent without a license commits a Class B misdemeanor.
Formerly: Acts 1975, P.L.274, SEC.2. As amended by Acts 1981, P.L.230, SEC.2; P.L.253-1983, SEC.4; P.L.158-1988, SEC.4; P.L.186-2003, SEC.80; P.L.155-2015, SEC.28; P.L.111-2016, SEC.43.
IC 25-36.5-1-16Denial, suspension, or revocation of license or registration; grounds; hearing Sec. 16. (a) The director may revoke, suspend, deny, or refuse to issue any license or agent's registration under that license if the applicant or holder of that license has:
(1) been convicted of a felony;
(2) violated any provision of this chapter; or
(3) violated any rule or regulation of the department promulgated under this chapter.
Revocation or suspension of a license or an agent's registration shall be determined by the director after an administrative hearing as provided in subsection (d).
(b) The director may suspend a license for not more than ninety (90) days before a final adjudication if the director finds that the holder of a timber buyer's license poses a clear and immediate danger to public health, safety, or property if allowed to continue to operate.
(c) The director may renew a suspension under subsection (b) for a period of not more than ninety (90) days. There is no limit to the number of times the director may renew a suspension.
(d) A proceeding under this chapter to revoke, suspend, deny, or refuse to issue a license shall be conducted in the manner prescribed by IC 4-21.5-3.
Formerly: Acts 1975, P.L.274, SEC.3. As amended by P.L.141-2022, SEC.54.
IC 25-36.5-1-17RepealedFormerly: Acts 1975, P.L.274, SEC.4. As amended by P.L.188-1991, SEC.1. Repealed by P.L.220-1993, SEC.10.
IC 25-36.5-1-18Criminal history of applicants for registration certificate or license Sec. 18. (a) The definitions set forth in IC 10-13-3 apply throughout this section.
(b) The department shall under IC 10-13-3-27(b) request and obtain the release of a limited criminal history from the state police department on each person who applies to the department under this chapter for the issuance of either of the following:
(1) A timber buyer registration certificate.
(2) A timber buyer agent's license.
As added by P.L.220-1993, SEC.9. Amended by P.L.2-2003, SEC.68.
IC 25-37ARTICLE 37. TRANSIENT MERCHANTS
Ch. 1.Regulation of Transient Merchants by Local Governmental Units
IC 25-37-1Chapter 1. Regulation of Transient Merchants by Local Governmental Units
25-37-1-1Short title 25-37-1-2"Transient merchant" defined 25-37-1-3Necessity for license 25-37-1-4Application for license; attached statements 25-37-1-5Surety bond; agent for service of process; action upon bond 25-37-1-5.5Reduction and waiver of surety bond 25-37-1-6License fee 25-37-1-6.5Reduction and waiver of license fee 25-37-1-7Issuance of license; transferability; use and validity of license; record of licenses 25-37-1-8Inventory of goods sold 25-37-1-9Violations 25-37-1-10Exceptions 25-37-1-11Municipal authority over transient merchants 25-37-1-12Use and disposition of receipts 25-37-1-13Temporary association or partnership 25-37-1-14Veterans; license fees; counties having consolidated cities 25-37-1-15Holders of registered retail merchant's certificates in certain counties
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 25-33-2-5
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