2014 Indiana Code TITLE 25. PROFESSIONS AND OCCUPATIONS ARTICLE 1. GENERAL PROVISIONS CHAPTER 11. PROFESSIONAL LICENSING STANDARDS OF PRACTICE
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IC 25-1-11
Chapter 11. Professional Licensing Standards of Practice
IC 25-1-11-1
"Board"
Sec. 1. As used in this chapter, "board" means any of the entities
described in IC 25-0.5-12.
As added by P.L.214-1993, SEC.1. Amended by P.L.2-1995, SEC.93;
P.L.234-1995, SEC.5; P.L.82-2000, SEC.6; P.L.162-2002, SEC.6;
P.L.145-2003, SEC.6; P.L.185-2007, SEC.7; P.L.200-2007, SEC.7;
P.L.3-2008, SEC.181; P.L.160-2009, SEC.10; P.L.84-2010, SEC.18;
P.L.113-2010, SEC.103; P.L.42-2011, SEC.53; P.L.3-2014, SEC.27.
IC 25-1-11-2
"Practitioner"
Sec. 2. As used in this chapter, "practitioner" means a person that
holds:
(1) an unlimited license, certificate, registration, or permit;
(2) a limited or probationary license, certificate, registration, or
permit;
(3) a temporary license, certificate, registration, or permit;
(4) an intern permit; or
(5) an inactive license;
issued by the board regulating a profession.
As added by P.L.214-1993, SEC.1. Amended by P.L.236-1995,
SEC.1.
IC 25-1-11-3
"License"
Sec. 3. As used in this chapter, "license" includes a license,
certificate, registration, or permit.
As added by P.L.214-1993, SEC.1.
IC 25-1-11-4
"Person"
Sec. 4. As used in this chapter, "person" means an individual, a
partnership, a corporation, or a limited liability company.
As added by P.L.214-1993, SEC.1. Amended by P.L.236-1995,
SEC.2.
IC 25-1-11-5
Practitioner compliance with professional standards; findings
meriting disciplinary sanctions; fraud or material deception
Sec. 5. (a) A practitioner shall comply with the standards
established by the board regulating a profession. A practitioner is
subject to the exercise of the disciplinary sanctions under section 12
of this chapter if, after a hearing, the board finds that:
(1) a practitioner has:
(A) engaged in or knowingly cooperated in fraud or material
deception in order to obtain a license to practice, including
cheating on a licensing examination;
(B) engaged in fraud or material deception in the course of
professional services or activities;
(C) advertised services or goods in a false or misleading
manner; or
(D) been convicted of a crime or assessed a civil penalty
involving fraudulent billing practices;
(2) a practitioner has been convicted of a crime that:
(A) has a direct bearing on the practitioner's ability to
continue to practice competently; or
(B) is harmful to the public;
(3) a practitioner has knowingly violated a state statute or rule
or federal statute or regulation regulating the profession for
which the practitioner is licensed;
(4) a practitioner has continued to practice although the
practitioner has become unfit to practice due to:
(A) professional incompetence, including undertaking
professional activities that the practitioner is not qualified by
training or experience to undertake;
(B) failure to keep abreast of current professional theory or
practice;
(C) physical or mental disability; or
(D) addiction to, abuse of, or severe dependency on alcohol
or other drugs that endanger the public by impairing a
practitioner's ability to practice safely;
(5) a practitioner has engaged in a course of lewd or immoral
conduct in connection with the delivery of services to the
public;
(6) a practitioner has allowed the practitioner's name or a license
issued under this chapter to be used in connection with an
individual or business who renders services beyond the scope of
that individual's or business's training, experience, or
competence;
(7) a practitioner has had disciplinary action taken against the
practitioner or the practitioner's license to practice in any state
or jurisdiction on grounds similar to those under this chapter;
(8) a practitioner has assisted another person in committing an
act that would constitute a ground for disciplinary sanction
under this chapter;
(9) a practitioner has allowed a license issued by a board to be:
(A) used by another person; or
(B) displayed to the public when the license has expired, is
inactive, or has been revoked or suspended; or
(10) a practitioner has failed to comply with an order imposing
a sanction under section 12 of this chapter.
(b) If an applicant or a practitioner has engaged in or knowingly
cooperated in fraud or material deception to obtain a license to
practice, including cheating on the licensing examination, the board
may rescind the license if it has been granted, void the examination
or other fraudulent or deceptive material, and prohibit the applicant
from reapplying for the license for a length of time established by the
board. An applicant who is aggrieved by a decision of the board
under this section is entitled to hearing and appeal rights under the
Indiana administrative rules and procedures act (IC 4-21.5).
(c) A certified copy of the record of disciplinary action is
conclusive evidence of the other jurisdiction's disciplinary action
under subsection (a)(7).
As added by P.L.214-1993, SEC.1. Amended by P.L.84-1998, SEC.6;
P.L.113-1999, SEC.1; P.L.197-2007, SEC.24.
IC 25-1-11-6
Architect or landscape architect; grounds for disciplinary sanctions
Sec. 6. A practitioner registered as an architect or a landscape
architect is subject to the disciplinary sanctions under section 12 of
this chapter if, after a hearing, the board finds that the practitioner
has:
(1) permitted the practitioner's seal to be affixed to plans,
specifications, or drawings that were not prepared by the
practitioner or under the practitioner's personal supervision by
the practitioner's regularly employed subordinates; or
(2) used the title "engineer" or advertised to practice engineering
and is not registered under IC 25-31-1.
As added by P.L.214-1993, SEC.1.
IC 25-1-11-7
Auctioneers; grounds for disciplinary sanctions
Sec. 7. A practitioner licensed to practice auctioneering is subject
to the disciplinary sanctions under section 12 of this chapter if, after
a hearing, the board finds that the practitioner has failed to:
(1) account and to make payment under IC 25-6.1-6-2; or
(2) keep the funds of others separate from the practitioner's own
private accounts.
As added by P.L.214-1993, SEC.1.
IC 25-1-11-8
Barbers; grounds for disciplinary sanctions
Sec. 8. A practitioner registered as a barber is subject to the
disciplinary sanctions under section 12 of this chapter if, after a
hearing, the board finds that the practitioner has continued to practice
barbering while the practitioner has an infectious, a contagious, or a
communicable disease that has been epidemiologically demonstrated
to be transmitted through casual contact during the scope of practice
of barbering.
As added by P.L.214-1993, SEC.1.
IC 25-1-11-9
Engineers or professional surveyors; grounds for disciplinary
sanctions
Sec. 9. A practitioner registered as an engineer or a professional
surveyor is subject to the disciplinary sanctions under section 12 of
this chapter if, after a hearing, the board finds that the practitioner:
(1) has permitted the practitioner's seal to be affixed to plans,
specifications, or drawings not prepared by the practitioner or
under the practitioner's personal supervision by the practitioner's
regularly employed subordinates; or
(2) has used the title "architect" or advertised to practice
architecture and is not registered under IC 25-4-1.
As added by P.L.214-1993, SEC.1. Amended by P.L.42-2011,
SEC.54; P.L.57-2013, SEC.30.
IC 25-1-11-9.5
Repealed
(Repealed by P.L.194-2005, SEC.87.)
IC 25-1-11-10
Physical and mental examination of practitioner
Sec. 10. The board may order a practitioner to submit to a
reasonable physical or mental examination, at the practitioner's
expense, if the practitioner's physical or mental capacity to practice
safely and competently is at issue in a disciplinary proceeding.
As added by P.L.214-1993, SEC.1. Amended by P.L.178-1997,
SEC.1; P.L.194-2005, SEC.7.
IC 25-1-11-11
Refusal of physical or mental examination; summary suspension
Sec. 11. Failure to comply with a board order to submit to a
physical or mental examination makes a practitioner liable to
summary suspension under section 13 of this chapter.
As added by P.L.214-1993, SEC.1.
IC 25-1-11-12
Sanctions for violations
Sec. 12. (a) The board may impose any of the following sanctions,
singly or in combination, if the board finds that a practitioner is
subject to disciplinary sanctions under sections 5 through 9 of this
chapter:
(1) Permanently revoke a practitioner's license.
(2) Suspend a practitioner's license.
(3) Censure a practitioner.
(4) Issue a letter of reprimand.
(5) Place a practitioner on probation status and require the
practitioner to:
(A) report regularly to the board upon the matters that are the
basis of probation;
(B) limit practice to those areas prescribed by the board;
(C) continue or renew professional education approved by
the board until a satisfactory degree of skill has been attained
in those areas that are the basis of the probation;
(D) perform or refrain from performing any acts, including
community restitution or service without compensation, that
the board considers appropriate to the public interest or to the
rehabilitation or treatment of the practitioner; or
(E) satisfactorily complete a quality review (before July 1,
2012) or peer review (after June 30, 2012) specified by the
board as a condition for termination of probationary status if
the practitioner is a licensee (as defined in IC 25-2.1-1-8).
(6) Assess a civil penalty against the practitioner for not more
than one thousand dollars ($1,000) for each violation listed in
sections 5 through 9 of this chapter except for a finding of
incompetency due to a physical or mental disability.
(7) Order a practitioner to pay consumer restitution to a person
who suffered damages as a result of the conduct or omission that
was the basis for the disciplinary sanctions under this chapter.
(b) When imposing a civil penalty under subsection (a)(6), the
board shall consider a practitioner's ability to pay the amount
assessed. If the practitioner fails to pay the civil penalty within the
time specified by the board, the board may suspend the practitioner's
license without additional proceedings. However, a suspension may
not be imposed if the sole basis for the suspension is the practitioner's
inability to pay a civil penalty.
(c) The board may withdraw or modify the probation under
subsection (a)(5) if the board finds after a hearing that the deficiency
that required disciplinary action has been remedied or that changed
circumstances warrant a modification of the order.
As added by P.L.214-1993, SEC.1. Amended by P.L.32-2000,
SEC.12; P.L.177-2009, SEC.17; P.L.197-2011, SEC.74.
IC 25-1-11-13
Summary license suspension of real estate appraisers and other
practitioners; notification by consumer protection division
Sec. 13. (a) The board may summarily suspend a practitioner's
license for ninety (90) days before a final adjudication or during the
appeals process if the board finds that a practitioner represents a clear
and immediate danger to the public's health, safety, or property if the
practitioner is allowed to continue to practice. The summary
suspension may be renewed upon a hearing before the board, and
each renewal may be for not more than ninety (90) days.
(b) The board may summarily suspend the license of a real estate
appraiser for ninety (90) days before a final adjudication or during
the appeals process if the board finds that the licensed real estate
appraiser has engaged in material and intentional misrepresentations
or omissions in the preparation of at least three (3) written appraisal
reports that were submitted by a person to obtain a loan. The
summary suspension may be renewed after a hearing before the
board. Each renewal of a summary suspension may be for not more
than ninety (90) days.
(c) The board may summarily suspend the license of an individual
licensed under IC 25-34.1 for ninety (90) days before a final
adjudication or during the appeals process if the board finds that the
individual has engaged in material and intentional misrepresentations
or omissions in at least three (3) transactions. The summary
suspension may be renewed after a hearing before the board. Each
renewal of a summary suspension may be for not more than ninety
(90) days.
(d) Before the board may summarily suspend a license under this
section, the consumer protection division of the office of the attorney
general shall make a reasonable attempt to notify a practitioner of:
(1) a hearing by the board to suspend the practitioner's license;
and
(2) information regarding the allegation against the practitioner.
The consumer protection division of the office of the attorney general
shall also notify the practitioner that the practitioner may provide a
written or an oral statement to the board on the practitioner's behalf
before the board issues an order for summary suspension. A
reasonable attempt to notify the practitioner is made if the consumer
protection division of the office of the attorney general attempts to
notify the practitioner by telephone or facsimile at the last telephone
number or facsimile number of the practitioner on file with the board.
As added by P.L.214-1993, SEC.1. Amended by P.L.178-1997,
SEC.2; P.L.197-2007, SEC.25; P.L.209-2007, SEC.3; P.L.3-2008,
SEC.182; P.L.231-2013, SEC.9.
IC 25-1-11-14
Reinstatement of suspended license
Sec. 14. The board may reinstate a license that has been suspended
under this chapter if, after a hearing, the board is satisfied that the
applicant is able to practice with reasonable skill, safety, and
competency to the public. As a condition of reinstatement, the board
may impose disciplinary or corrective measures authorized under this
chapter.
As added by P.L.214-1993, SEC.1. Amended by P.L.178-1997,
SEC.3.
IC 25-1-11-15
Reinstatement of revoked license
Sec. 15. The board may not reinstate a license that has been
revoked under this chapter. An individual whose license has been
revoked under this chapter may not apply for a new license until
seven (7) years after the date of revocation.
As added by P.L.214-1993, SEC.1.
IC 25-1-11-16
Consistency of sanctions
Sec. 16. The board shall seek to achieve consistency in the
application of sanctions authorized in this chapter. Significant
departures from prior decisions involving similar conduct must be
explained in the board's findings or orders.
As added by P.L.214-1993, SEC.1.
IC 25-1-11-17
Surrender of practitioner license; surrender prohibited if attorney
general opposes
Sec. 17. (a) Except as provided in subsection (b), a practitioner
may petition the board to accept the surrender of the practitioner's
license instead of having a hearing before the board. The practitioner
may not surrender the practitioner's license without the written
approval of the board, and the board may impose any conditions
appropriate to the surrender or reinstatement of a surrendered license.
(b) The board may not approve the surrender of a practitioner's
license under subsection (a) if the office of the attorney general:
(1) has filed an administrative complaint concerning the
practitioner's license; and
(2) opposes the surrender of the practitioner's license.
As added by P.L.214-1993, SEC.1. Amended by P.L.52-2009,
SEC.10; P.L.105-2009, SEC.13.
IC 25-1-11-18
Costs; practitioners subject to sanctions
Sec. 18. A practitioner who has been subjected to disciplinary
sanctions may be required by a board to pay the costs of the
proceeding. The practitioner's ability to pay shall be considered when
costs are assessed. If the practitioner fails to pay the costs, a
suspension may not be imposed solely upon the practitioner's
inability to pay the amount assessed. These costs are limited to costs
for the following:
(1) Court reporters.
(2) Transcripts.
(3) Certification of documents.
(4) Photo duplication.
(5) Witness attendance and mileage fees.
(6) Postage.
(7) Expert witnesses.
(8) Depositions.
(9) Notarizations.
(10) Administrative law judges.
(11) Real estate review appraisals, if applicable.
As added by P.L.214-1993, SEC.1. Amended by P.L.194-2005,
SEC.8; P.L.52-2009, SEC.11; P.L.105-2009, SEC.14.
IC 25-1-11-19
Refusal to issue license; probationary license; requirements
Sec. 19. (a) The board may refuse to issue a license or may issue
a probationary license to an applicant for licensure if:
(1) the applicant has:
(A) been disciplined by a licensing entity of another state or
jurisdiction; or
(B) committed an act that would have subjected the applicant
to the disciplinary process if the applicant had been licensed
in Indiana when the act occurred; and
(2) the violation for which the applicant was or could have been
disciplined has a bearing on the applicant's ability to
competently perform or practice the profession in Indiana.
(b) The board may:
(1) refuse to issue a license; or
(2) issue a probationary license;
to an applicant for licensure if the applicant practiced without a
license in violation of the law.
(c) Whenever the board issues a probationary license, the board
may require a licensee to do any of the following:
(1) Report regularly to the board upon the matters that are the
basis of the discipline of the other state or jurisdiction.
(2) Limit practice to the areas prescribed by the board.
(3) Continue or renew professional education requirements.
(4) Engage in community restitution or service without
compensation for the number of hours specified by the board.
(5) Perform or refrain from performing an act that the board
considers appropriate to the public interest or to the
rehabilitation or treatment of the applicant.
(d) The board shall remove any limitations placed on a
probationary license under this section if the board finds after a
public hearing that the deficiency that required disciplinary action has
been remedied.
As added by P.L.194-2005, SEC.9. Amended by P.L.197-2007,
SEC.26.
IC 25-1-11-20
Appearance before board
Sec. 20. The board may require an applicant for licensure to
appear before the board before issuing a license.
As added by P.L.194-2005, SEC.10.
IC 25-1-11-21
Authority to adopt rules
Sec. 21. The board may adopt rules under IC 4-22-2, including
emergency rules under IC 4-22-2-37.1, to establish procedures to
expedite the issuance or renewal of a:
(1) license;
(2) certificate;
(3) registration; or
(4) permit;
of a person whose spouse serves on active duty (as defined in
IC 25-1-12-2) and is assigned to a duty station in Indiana.
As added by P.L.144-2007, SEC.26.
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