Indiana § 25-8-14-6 - Practice or attending school while diseased; offenses

§ 25-8-14-6. Practice or attending school while diseased; offenses

Sec. 6. (a) A person who:

(1) is a cosmetologist, a manicurist, an electrologist, an esthetician, a barber, or an instructor; and

(2) knowingly performs any act authorized by a license issued under this article while the person has an infectious, a contagious, or a communicable disease that has been epidemiologically demonstrated to be transmitted through casual contact;

commits a Class C infraction.

(b) A person who knowingly attends a beauty culture school as a student while the person has an infectious, a contagious, or a communicable disease that has been epidemiologically demonstrated to be transmitted through casual contact commits a Class C infraction.

As added by P.L.257-1987, SEC.13. Amended by P.L.184-1991, SEC.41; P.L.214-1993, SEC.41; P.L.84-2010, SEC.54; P.L.170-2013, SEC.86.

IC 25-8-15Chapter 15. RepealedRepealed by P.L.157-2006, SEC.76.

IC 25-8-15.4Chapter 15.4. Tanning Facilities

25-8-15.4-1Application of chapter 25-8-15.4-2Repealed 25-8-15.4-3"Tanning device" defined 25-8-15.4-4"Tanning facility" defined 25-8-15.4-5Necessity for license 25-8-15.4-6License requirements 25-8-15.4-7Contents of license application 25-8-15.4-8Separate licenses; transfer of license to new location 25-8-15.4-9Expiration and renewal of licenses 25-8-15.4-9.5Reinstatement; requirements 25-8-15.4-10Display of license 25-8-15.4-11Written statement 25-8-15.4-12Display of sign 25-8-15.4-13Denial of risks 25-8-15.4-14Duties of operator 25-8-15.4-15Repealed 25-8-15.4-16Person under age 16 may not use tanning device in tanning facility; signature of parent or guardian on written statement if client at least 16 and less than 18 years of age 25-8-15.4-17Protective eyewear 25-8-15.4-18Reports to board 25-8-15.4-19Inspections 25-8-15.4-20Denial, suspension, or revocation of license 25-8-15.4-21Repealed 25-8-15.4-22Repealed 25-8-15.4-23Repealed 25-8-15.4-24Schedule of civil penalties; order of compliance; imposition of civil penalty 25-8-15.4-25Violations; offenses

IC 25-8-15.4-1Application of chapter Sec. 1. This chapter does not apply to a medical treatment facility that uses ultraviolet radiation in the treatment of disease.

As added by P.L.142-1995, SEC.31.

IC 25-8-15.4-2RepealedAs added by P.L.142-1995, SEC.31. Repealed by P.L.82-2014, SEC.1.

IC 25-8-15.4-3"Tanning device" defined Sec. 3. As used in this chapter, "tanning device" means equipment that meets the following conditions:

(1) Emits ultraviolet radiation with wavelengths in the air between two hundred (200) and four hundred (400) nanometers.

(2) Is used for tanning human skin.

As added by P.L.142-1995, SEC.31.

IC 25-8-15.4-4"Tanning facility" defined Sec. 4. As used in this chapter, "tanning facility" means a facility that provides persons with access to a tanning device.

As added by P.L.142-1995, SEC.31.

IC 25-8-15.4-5Necessity for license Sec. 5. A person may not operate a tanning facility and charge a fee for the use of tanning devices unless the person has a license to operate the tanning facility issued by the board under this chapter.

As added by P.L.142-1995, SEC.31.

IC 25-8-15.4-6License requirements Sec. 6. To obtain a license to operate a tanning facility, a person:

(1) must submit an application to the board on a form prescribed by the board;

(2) must pay a fee established by the board under IC 25-1-8-2; and

(3) may be subject to an inspection of the facility by the board.

As added by P.L.142-1995, SEC.31. Amended by P.L.194-2005, SEC.51; P.L.177-2009, SEC.33.

IC 25-8-15.4-7Contents of license application Sec. 7. The form described under section 6(1) of this chapter must contain the following information:

(1) The name and location of the tanning facility.

(2) The name of the person that owns the tanning facility.

(3) Any other information required by the board.

As added by P.L.142-1995, SEC.31.

IC 25-8-15.4-8Separate licenses; transfer of license to new location Sec. 8. (a) A person must obtain a separate license for each tanning facility the person operates.

(b) If a person:

(1) has obtained a license to operate a tanning facility issued under this chapter; and

(2) changes the location of the tanning facility;

the board may transfer the license to the tanning facility at the new location.

As added by P.L.142-1995, SEC.31.

IC 25-8-15.4-9Expiration and renewal of licenses Sec. 9. (a) Subject to IC 25-1-2-6(e), a license issued under this chapter expires every fourth year on a date established by the licensing agency under IC 25-1-5-4.

(b) The board shall renew a license issued under this chapter if the person that operates the facility pays the fee for renewal established by the board under IC 25-1-8-2 on or before the date established by the licensing agency.

(c) If the holder of a license does not renew the license on or before the renewal date established by the licensing agency, the license expires and becomes invalid without any action by the board.

As added by P.L.142-1995, SEC.31. Amended by P.L.105-2008, SEC.24; P.L.177-2015, SEC.28; P.L.29-2026, SEC.36.

IC 25-8-15.4-9.5Reinstatement; requirements Sec. 9.5. (a) The board may, upon application, reinstate a license under this chapter that has been expired for not more than three (3) years if the person holding the license meets the requirements for reinstatement established under IC 25-1-8-6(c).

(b) If more than three (3) years have elapsed since the date a license under this chapter expired, the individual holding the license may have the license reinstated by satisfying the requirements for reinstatement under IC 25-1-8-6(d).

As added by P.L.197-2007, SEC.44. Amended by P.L.105-2008, SEC.25.

IC 25-8-15.4-10Display of license Sec. 10. A person holding a tanning facility license issued under this chapter shall display the license in a manner that is clearly visible to a person entering the tanning facility.

As added by P.L.142-1995, SEC.31.

IC 25-8-15.4-11Written statement Sec. 11. Before a person uses a tanning device in a tanning facility, the operator, owner, or employee of the operator or owner of the tanning facility shall require the person to read and sign a written statement approved by the board that contains the following information:

(1) A person who uses a tanning device in this tanning facility must use protective eyewear.

(2) If the provided eye protection is not worn, use of a tanning device in this tanning facility may cause damage to the eyes.

(3) Overexposure to the ultraviolet radiation produced by a tanning device in this tanning facility may cause burns.

(4) Exposure to the ultraviolet radiation produced by the tanning devices in this tanning facility may cause premature aging of the skin and skin cancer.

(5) Abnormal skin sensitivity to ultraviolet radiation or burning may be caused by certain foods, cosmetics, or medication, including the following:

(A) Tranquilizers.

(B) Diuretics.

(C) Antibiotics.

(D) High blood pressure medication.

(E) Birth control medication.

(F) Other photosensitizing agents as determined under rules adopted by the board.

(6) A person who is taking a prescription drug or an over-the-counter drug should consult a physician or pharmacist before using a tanning device.

As added by P.L.142-1995, SEC.31.

IC 25-8-15.4-12Display of sign Sec. 12. An operator of a tanning facility shall prominently display a sign approved by the board in a manner that is clearly visible to a person using the tanning devices in the tanning facility.

As added by P.L.142-1995, SEC.31. Amended by P.L.82-2014, SEC.2.

IC 25-8-15.4-13Denial of risks Sec. 13. An owner, operator, or employee of a tanning facility may not profess that using a tanning device is free from risk.

As added by P.L.142-1995, SEC.31.

IC 25-8-15.4-14Duties of operator Sec. 14. The operator of a tanning facility shall do the following:

(1) Have an employee present in the tanning facility during business hours who, as determined under rules adopted by the board, is knowledgeable in the correct operation of the tanning devices in the tanning facility and is able to assist persons in the proper use of the tanning devices.

(2) Provide each person using a tanning device with properly sanitized eyewear that protects the eyes from ultraviolet radiation and allows adequate vision.

(3) Provide instructions to each person using a tanning device on how to maintain proper exposure distance as recommended by the manufacturer of the tanning device.

(4) Limit each person using a tanning device to the maximum exposure time:

(A) established under rules of the board; or

(B) if the board has not adopted rules concerning exposure time for the tanning device, recommended by the manufacturer of the tanning device.

(5) Not allow the temperature of a tanning facility to exceed one hundred (100) degrees Fahrenheit at any time.

(6) Provide and maintain:

(A) the tanning facility; and

(B) tanning devices in the tanning facility;

in a manner that meets sanitation and safety rules adopted by the board.

As added by P.L.142-1995, SEC.31.

IC 25-8-15.4-15RepealedAs added by P.L.142-1995, SEC.31. Repealed by P.L.82-2014, SEC.3.

IC 25-8-15.4-16Person under age 16 may not use tanning device in tanning facility; signature of parent or guardian on written statement if client at least 16 and less than 18 years of age Sec. 16. (a) A person who is less than sixteen (16) years of age may not use a tanning device in a tanning facility.

(b) A person who is at least sixteen (16) years of age but less than eighteen (18) years of age may not use a tanning device in a tanning facility unless the parent or guardian of the person has also signed the written statement under section 11 of this chapter in the presence of the operator of the tanning facility.

As added by P.L.142-1995, SEC.31. Amended by P.L.82-2014, SEC.4.

IC 25-8-15.4-17Protective eyewear Sec. 17. A person who uses a tanning device in a tanning facility must use protective eyewear.

As added by P.L.142-1995, SEC.31.

IC 25-8-15.4-18Reports to board Sec. 18. (a) The operator of a tanning facility must report to the board each known:

(1) injury; or

(2) complaint of an injury;

that results from the use of a tanning device in the tanning facility.

(b) The operator must do the following:

(1) Telephone a report under subsection (a) to the board not more than forty-eight (48) hours after the injury or complaint of an injury occurs.

(2) File a written report under subsection (a) with the board on a form provided by the board not later than seven (7) days after the injury or complaint of an injury occurs.

(c) The board shall send a copy of the report filed under subsection (b)(2) to the following:

(1) The injured person or complaining person.

(2) The federal Food and Drug Administration.

As added by P.L.142-1995, SEC.31.

IC 25-8-15.4-19Inspections Sec. 19. An authorized representative of the board may inspect each tanning facility to determine compliance with this chapter and rules adopted under this chapter at any time during normal business hours of a tanning facility.

As added by P.L.142-1995, SEC.31.

IC 25-8-15.4-20Denial, suspension, or revocation of license Sec. 20. The board may deny, suspend, or revoke a license issued under this chapter if the person holding or requesting the license violates this chapter or a rule adopted under this chapter.

As added by P.L.142-1995, SEC.31.

IC 25-8-15.4-21RepealedAs added by P.L.142-1995, SEC.31. Repealed by P.L.82-2014, SEC.5.

IC 25-8-15.4-22RepealedAs added by P.L.142-1995, SEC.31. Repealed by P.L.82-2014, SEC.6.

IC 25-8-15.4-23RepealedAs added by P.L.142-1995, SEC.31. Repealed by P.L.82-2014, SEC.7.

IC 25-8-15.4-24Schedule of civil penalties; order of compliance; imposition of civil penalty Sec. 24. (a) In addition to the other remedies provided in this chapter, the board shall adopt a schedule of civil penalties that may be levied to enforce the provisions of the following:

(1) This chapter.

(2) The rules adopted under this chapter by the board.

(b) A penalty included in the schedule of civil penalties adopted under subsection (a) may not exceed one thousand dollars ($1,000) for each violation per day.

(c) The board may issue an order of compliance, impose a civil penalty included in the schedule of civil penalties adopted under subsection (a), or both, against a person who does any of the following:

(1) Fails to comply with this chapter or a rule adopted under this chapter.

(2) Interferes with or obstructs the board or the board's authorized representative in the performance of duties under this chapter.

(d) An order of compliance may be issued under IC 4-21.5-3-6, IC 4-21.5-3-8, or IC 4-21.5-4. A civil penalty may be imposed only in a proceeding under IC 4-21.5-3-8.

(e) A proceeding commenced to impose a civil penalty may be consolidated with any other proceeding commenced to enforce this chapter or a rule adopted under this chapter.

As added by P.L.142-1995, SEC.31.

IC 25-8-15.4-25Violations; offenses Sec. 25. (a) Except as otherwise provided, a person who recklessly violates or fails to comply with this chapter commits a Class C misdemeanor.

(b) Each day a violation continues constitutes a separate offense.

As added by P.L.142-1995, SEC.31.

IC 25-8-16Chapter 16. RepealedRepealed by P.L.197-2007, SEC.94.

IC 25-8.5ARTICLE 8.5. BEHAVIOR ANALYSTS

Ch. 1.Definitions Ch. 2.Behavior Analyst Committee Ch. 3.Licensure

IC 25-8.5-1Chapter 1. Definitions

25-8.5-1-1Application of definitions 25-8.5-1-2"Board" 25-8.5-1-3"Committee" 25-8.5-1-4"Practice of behavior analysis"

IC 25-8.5-1-1Application of definitions Sec. 1. The definitions in this chapter apply to this article.

As added by P.L.212-2021, SEC.11.

IC 25-8.5-1-2"Board" Sec. 2. "Board" refers to the medical licensing board of Indiana created by IC 25-22.5-2-1.

As added by P.L.212-2021, SEC.11.

IC 25-8.5-1-3"Committee" Sec. 3. "Committee" refers to the behavior analyst committee established by IC 25-8.5-2-1.

As added by P.L.212-2021, SEC.11.

IC 25-8.5-1-4"Practice of behavior analysis" Sec. 4. (a) "Practice of behavior analysis" means the design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior. The term includes the following:

(1) Empirical identification of functional relations between behavior and environmental factors through functional assessment and analysis.

(2) Applied behavior analysis interventions based on scientific research and the direct observation and measurement of behavior and the environment.

(3) Use of contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other consequences to assist people in developing new behaviors, increase or decrease existing behaviors, and emit behaviors under specific environmental conditions.

(b) The term does not include the following:

(1) Psychological testing.

(2) Diagnosis of mental or physical disorders.

(3) Neuropsychology.

(4) Psychotherapy.

(5) Cognitive therapy.

(6) Sex therapy.

(7) Psychoanalysis.

(8) Hypnotherapy.

(9) Counseling.

As added by P.L.212-2021, SEC.11.

IC 25-8.5-2Chapter 2. Behavior Analyst Committee

25-8.5-2-1Committee established; members; terms 25-8.5-2-2Per diem 25-8.5-2-3Removal 25-8.5-2-4Chairperson 25-8.5-2-5Meetings 25-8.5-2-6Rule recommendations; duties

IC 25-8.5-2-1Committee established; members; terms Sec. 1. (a) The behavior analyst committee is established.

(b) The committee consists of the following members appointed by the governor:

(1) Three (3) behavior analyst members.

(2) One (1) consumer member.

(3) One (1) physician member.

(c) A member appointed to the committee serves a term under IC 25-1-6.5.

As added by P.L.212-2021, SEC.11.

IC 25-8.5-2-2Per diem Sec. 2. 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.212-2021, SEC.11.

IC 25-8.5-2-3Removal Sec. 3. A member of the committee who is appointed by the governor may be removed under IC 25-1-6.5-4.

As added by P.L.212-2021, SEC.11.

IC 25-8.5-2-4Chairperson Sec. 4. The committee shall elect a chairperson from among the members of the committee for a one (1) year term. An individual may not be elected as chairperson for more than two (2) consecutive one (1) year terms.

As added by P.L.212-2021, SEC.11.

IC 25-8.5-2-5Meetings Sec. 5. The committee shall meet at times and places determined by the committee.

As added by P.L.212-2021, SEC.11.

IC 25-8.5-2-6Rule recommendations; duties Sec. 6. (a) The committee shall recommend proposed rules to the board establishing standards for the following:

(1) The competent practice of behavior analysis.

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

(3) Continuing education requirements for an individual seeking renewal of licensure as a behavior analyst or assistant behavior analyst.

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

The board, after considering the committee's recommendations under this subsection, shall adopt rules under IC 4-22-2 concerning the standards described in this subsection.

(b) The committee shall recommend, and the board, after considering the committee's recommendations, shall establish fees under IC 25-1-8-2.

(c) The committee shall do the following:

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

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

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

As added by P.L.212-2021, SEC.11.

IC 25-8.5-3Chapter 3. Licensure

25-8.5-3-1Behavior analyst license requirements 25-8.5-3-2Assistant behavior analyst license requirements; supervision 25-8.5-3-3Reciprocity 25-8.5-3-4Professional and ethical requirements 25-8.5-3-5License suspension 25-8.5-3-6Prohibitions; exceptions 25-8.5-3-7Penalty

IC 25-8.5-3-1Behavior analyst license requirements Sec. 1. To be issued a license as a behavior analyst, an individual must do the following:

(1) Furnish satisfactory evidence to the committee that the individual is certified as a board certified behavior analyst by:

(A) the Behavior Analyst Certification Board, Inc., or its successor; or

(B) another entity approved by the committee.

(2) Submit to a national criminal history background check under IC 25-1-1.1-4 and furnish satisfactory evidence to the committee that the individual has not been convicted of a crime that has a direct bearing on the individual's ability to practice competently.

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

(4) Apply for the license in the manner prescribed by the committee.

(5) Pay the fee established by the board that is sufficient to cover the operations of the committee.

As added by P.L.212-2021, SEC.11.

IC 25-8.5-3-2Assistant behavior analyst license requirements; supervision Sec. 2. (a) To be issued a license as an assistant behavior analyst, an individual must do the following:

(1) Furnish satisfactory evidence to the committee that the individual is certified as a board certified assistant behavior analyst by:

(A) the Behavior Analyst Certification Board, Inc., or its successor; or

(B) another entity approved by the committee.

(2) Submit to a national criminal history background check under IC 25-1-1.1-4 and furnish satisfactory evidence to the committee that the individual has not been convicted of a crime that has a direct bearing on the individual's ability to practice competently.

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

(4) Apply for the license in the manner prescribed by the committee.

(5) Pay the fee established by the board that is sufficient to cover the operations of the committee.

(b) An individual who is licensed as an assistant behavior analyst under this section:

(1) must be directly supervised by a behavior analyst licensed under this chapter; and

(2) must submit to the committee a written record of the supervision provided to the individual by a behavior analyst licensed under this chapter.

As added by P.L.212-2021, SEC.11.

IC 25-8.5-3-3Reciprocity Sec. 3. If the committee determines that:

(1) an individual possesses a valid license from another jurisdiction authorizing the individual to perform acts for which a license is required under this chapter; and

(2) the jurisdiction issuing the license imposes requirements on license applicants that are substantially equal to the requirements imposed on applicants for an Indiana license;

the committee may issue to the individual, upon payment of the licensure fee, a license to perform in Indiana the acts referred to in subdivision (1).

As added by P.L.212-2021, SEC.11.

IC 25-8.5-3-4Professional and ethical requirements Sec. 4. An individual who is licensed under this chapter shall comply with the requirements of:

(1) the Professional and Ethical Compliance Code for Behavior Analysts published by the Behavior Analyst Certification Board, Inc., or its successor; or

(2) another professional and ethical set of rules for behavior analysts published by an entity approved by the committee.

As added by P.L.212-2021, SEC.11.

IC 25-8.5-3-5License suspension Sec. 5. The committee may summarily suspend a behavior analyst or assistant behavior analyst license under IC 25-1-9-10.

As added by P.L.212-2021, SEC.11.

IC 25-8.5-3-6Prohibitions; exceptions Sec. 6. (a) An individual may not:

(1) profess to be a licensed behavior analyst or licensed assistant behavior analyst;

(2) use the initials "LBA" or "LABA" or any other words, letters, abbreviations, or insignia indicating or implying that the individual is a licensed behavior analyst or licensed assistant behavior analyst; or

(3) practice applied behavior analysis;

unless the individual holds a license issued under this chapter.

(b) This chapter does not limit the use of applied behavior analysis techniques by an individual who:

(1) does not use a title specified in subsection (a); and

(2) is one (1) of the following:

(A) A licensed or certified health care professional acting within the scope of the individual's license or certificate and within the individual's training.

(B) A student, an intern, or a trainee pursuing a course of study to gain licensure under this article in an accredited eligible postsecondary educational institution or training institution.

(C) An individual who is not a resident of Indiana, if the individual:

(i) performs the services in Indiana for not more than five (5) days in any one (1) month and not more than fifteen (15) days within any one (1) calendar year; and

(ii) is authorized to perform the services under the laws of the state or country in which the individual resides.

(D) Either:

(i) an applied behavior analysis direct contact technician; or

(ii) a family member implementing a plan within the family home;

who acts under the extended authority and direction of a behavior analyst or assistant behavior analyst licensed under this chapter.

(E) A professional who provides general applied behavior analysis services to an organization as long as the services are provided for the benefit of the organization and do not involve direct services to an individual.

As added by P.L.212-2021, SEC.11.

IC 25-8.5-3-7Penalty Sec. 7. An individual who violates this chapter commits a Class A misdemeanor.

As added by P.L.212-2021, SEC.11.

IC 25-9ARTICLE 9. REPEALEDRepealed by P.L.86-2018, SEC.199.

IC 25-10ARTICLE 10. CHIROPRACTORS

Ch. 1.Regulation of Chiropractors — Creation of Board Ch. 2.Chiropractic Management Consultants

IC 25-10-1Chapter 1. Regulation of Chiropractors — Creation of Board

25-10-1-1Definitions 25-10-1-1.5Board of chiropractic examiners; creation; appointment of members; tenure; powers and duties; expenses 25-10-1-2Requirements for licensure 25-10-1-3Examinations 25-10-1-4Waiver of educational requirements; examination 25-10-1-5License by reciprocity 25-10-1-5.5Temporary permits for chiropractic school graduates 25-10-1-5.6Persons licensed in other jurisdictions; temporary permits 25-10-1-6Renewal of licenses; fee; display; retirement of chiropractor; inactive license; discipline 25-10-1-6.5Repealed 25-10-1-7Service in Armed Forces disrupting chiropractic education 25-10-1-8Repealed 25-10-1-9Rights of practitioner holding license under article governing practice of medicine 25-10-1-10Fees; use and disposition 25-10-1-11Necessity of license; violations 25-10-1-12Repealed 25-10-1-13Employees; act, duty, or function 25-10-1-14Necessity of license; injunction or order; physical therapists 25-10-1-15Admissibility of testimony regarding physician records or reports 25-10-1-16Use of title "chiropractor" 25-10-1-17Authority to diagnose and treat injuries, conditions, and disorders