March 26, 1999





ENGROSSED

SENATE BILL No. 138

_____

DIGEST OF SB 138 (Updated March 23, 1999 8:27 pm - DI 77)



Citations Affected: IC 24-5; IC 25-22.5; IC 25-23.

Synopsis: Authority to claim doctorate degree or title. Provides that certain professional boards in Indiana may authorize an individual to claim to have a doctorate degree or to use a title associated with a doctorate degree. Provides that an individual may not claim to be a physician unless the individual holds an unlimited license to practice medicine or a chiropractic physician unless the individual holds a limited license as a chiropractor. Requires the medical licensing board of Indiana to adopt rules that establish continuing education requirements designed to maintain the competency of physicians.

(Continued next page)

Effective: Upon passage; July 1, 1999.





Meeks R
(HOUSE SPONSORS _ KLINKER, SCHOLER)





    January 6, 1999, read first time and referred to Committee on Health and Provider Services.
    January 28, 1999, amended, reported favorably _ Do Pass.
    February 11, 1999, read second time, amended, ordered engrossed.
    February 12, 1999, engrossed.
    February 15, 1999, read third time, passed. Yeas 50, nays 0.

HOUSE ACTION

    March 3, 1999, read first time and referred to Committee on Public Health.
    March 25, 1999, amended, reported _ Do Pass.






Digest Continued

Requires physicians to submit a statement attesting that they have obtained the necessary continuing education requirements to renew their licenses. Requires the Indiana state board of nursing to adopt rules that establish continuing education requirements designed to maintain the competency of nurses. Requires nurses to submit a statement attesting that they have obtained the necessary continuing education requirements. Allows for random continuing education compliance audits.


March 26, 1999

First Regular Session 111th General Assembly (1999)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 1998 General Assembly.


ENGROSSED

SENATE BILL No. 138



    A BILL FOR AN ACT to amend the Indiana Code concerning professions and occupations.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 24-5-0.5-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. (a) It is an incurable deceptive act for an individual, while soliciting or performing a consumer transaction, to claim, either orally or in writing, to possess a doctorate degree or use a title, a word, letters, an insignia, or an abbreviation associated with a doctorate degree, unless the individual:
        (1) has been awarded a doctorate degree from an institution that is:
            (A) accredited by a regional or professional accrediting agency recognized by the United States Department of Education or the Council on Postsecondary Accreditation;
            (B) a religious seminary, institute, college, or university whose certificates, diplomas, or degrees clearly identify the religious character of the educational program; or
            (C) operated and supported by a governmental agency; or
        (2) meets the requirements approved by a board listed in

IC 25-1-2-6. one (1) of the following boards:
         (1) Medical licensing board of Indiana.
        (2) State board of dental examiners.
        (3) Indiana optometry board.
        (4) Board of podiatric medicine.
        (5) State psychology board.
        (6) Board of chiropractic examiners.
        (7) Indiana board of veterinary medical examiners.

         (8) Indiana board of pharmacy.
        (9) Indiana state board of nursing.

    (b) It is an incurable deceptive act for an individual, while soliciting or performing a consumer transaction, to claim to be a:         (1) physician unless the individual holds an unlimited license to practice medicine under IC 25-22.5; or
        (2) chiropractic physician unless the individual holds a limited license as a chiropractor under IC 25-10-1.

    (b) (c) The attorney general shall enforce this section in the same manner as any other incurable deceptive act under this chapter.
    SECTION 2. IC 25-22.5-2-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1999]: Sec. 7. The board shall do the following:
        (1) Adopt rules and forms necessary to implement this article that concern, but are not limited to, the following areas:
            (A) Qualification by education, residence, citizenship, training, and character for admission to an examination for licensure or by endorsement for licensure.
            (B) The examination for licensure.
            (C) The license or permit.
            (D) Fees for examination, permit, licensure, and registration.
            (E) Reinstatement of licenses and permits.
            (F) Payment of costs in disciplinary proceedings conducted by the board.
             (G) Establishment of mandatory continuing education requirements designed to maintain the competency of individuals licensed under this chapter, including requirements providing that only educational activities that meet professional role expectations satisfy continuing education requirements.
        (2) Administer oaths in matters relating to the discharge of its official duties.
        (3) Enforce this article and assign service bureau personnel duties as may be necessary in the discharge of the board's duty.
        (4) Maintain, through the service bureau, full and complete records of all applicants for licensure or permit and of all licenses and permits issued.
        (5) Make available, upon request, the complete schedule of minimum requirements for licensure or permit.
        (6) Issue, at the board's discretion, a temporary permit to an applicant for the interim from the date of application until the next regular meeting of the board.
        (7) Issue an unlimited license, a limited license, or a temporary medical permit, depending upon the qualifications of the applicant, to any applicant who successfully fulfills all of the requirements of this article.
        (8) Adopt rules establishing standards for the competent practice of medicine, osteopathic medicine, or any other form of practice regulated by a limited license or permit issued under this article.
        (9) Adopt rules regarding the appropriate prescribing of Schedule III or Schedule IV controlled substances for the purpose of weight reduction or to control obesity.
    SECTION 3. IC 25-22.5-7-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1999]: Sec. 1. (a) A license issued under this article expires on June 30 of each odd-numbered year. Before June 30 of an odd-numbered year, an applicant for renewal shall pay the biennial renewal fee set by the board under IC 25-22.5-2-7.
    (b) If the holder of a license does not renew the license by June 30 of each odd-numbered year, the license expires and becomes invalid without any action taken by the board. A license that becomes invalid under this subsection may be reinstated by the board up to three (3) years after the invalidation if the holder of the invalid license: pays:
        (1) pays the penalty fee set by the board under IC 25-22.5-2-7 ; and
        (2) pays the renewal fee for the biennium ; and
         (3) completes the continuing education requirement established by the board.
    (c) If a license that becomes invalid under this section is not reinstated by the board within three (3) years of its invalidation, the holder of the invalid license may be required by the board to take an examination for competence before the board will reinstate the holder's license.
    (d) The board may adopt rules under IC 25-22.5-2-7 establishing requirements for the reinstatement of a lapsed license.
     (e) An individual may not renew a license under this article unless the individual has completed the continuing education

requirements established under IC 25-22.5-2-7 (1)(G). An application under this section must contain a sworn statement signed by the applicant attesting that the applicant has fulfilled the continuing education requirements.
     (f) Every two (2) years, the board may randomly audit for compliance at least one percent (1%) but not more than ten percent (10%) of the practitioners required to take continuing education courses.
    (g) Notwithstanding IC 25-22.5-2-7 (1)(G), the continuing education requirement does not apply to the following:
        (1) A practitioner who has held an initial license for less than two (2) years.
        (2) A practitioner who the board has determined is unable to meet the requirement due to a disability.
    (h) For each continuing education course attended or completed, the practitioner shall retain:
        (1) a record of the number of hours spent in each continuing education course;
        (2) the subject matter presented;
        (3) the name of the sponsoring organization; and
        (4) verification of attendance or completion;
for three (3) years after the date the practitioner's license was renewed.

    SECTION 4. IC 25-23-1-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1999]: Sec. 7. (a) The board shall do the following:
        (1) Adopt under IC 4-22-2 rules necessary to enable it to carry into effect this chapter.
        (2) Prescribe standards and approve curricula for nursing education programs preparing persons for licensure under this chapter.
        (3) Provide for surveys of such programs at such times as it considers necessary.
        (4) Accredit such programs as meet the requirements of this chapter and of the board.
        (5) Deny or withdraw accreditation from nursing education programs for failure to meet prescribed curricula or other standards.
        (6) Examine, license, and renew the license of qualified applicants.
        (7) Issue subpoenas, compel the attendance of witnesses, and administer oaths to persons giving testimony at hearings.
        (8) Cause the prosecution of all persons violating this chapter and have power to incur necessary expenses for these prosecutions.
        (9) Adopt rules under IC 4-22-2 that do the following:
            (A) Prescribe standards for the competent practice of registered, practical, and advanced practice nursing.
            (B) Establish with the approval of the medical licensing board created by IC 25-22.5-2-1 requirements that advanced practice nurses must meet to be granted authority to prescribe legend drugs and to retain that authority.
             (C) Establish continuing education requirements designed to maintain the competency of individuals licensed under this chapter, including requirements providing that only educational activities that meet professional role expectations satisfy continuing education requirements.
        (10) Keep a record of all its proceedings.
        (11) Collect and distribute annually demographic information on the number and type of registered nurses and licensed practical nurses employed in Indiana.
        (12) Notify each registered nurse and licensed practical nurse residing in Indiana when final rules concerning the practice of nursing are published in the Indiana register.
    (b) The board may do the following:
        (1) Create ad hoc subcommittees representing the various nursing specialties and interests of the profession of nursing. Persons appointed to a subcommittee serve for terms as determined by the board.
        (2) Utilize the appropriate subcommittees so as to assist the board with its responsibilities. The assistance provided by the subcommittees may include the following:
            (A) Recommendation of rules necessary to carry out the duties of the board.
            (B) Recommendations concerning educational programs and requirements.
            (C) Recommendations regarding examinations and licensure of applicants.
        (3) Appoint nurses to serve on each of the ad hoc subcommittees.
    (c) Nurses appointed under subsection (b) must:
        (1) be committed to advancing and safeguarding the nursing profession as a whole; and
        (2) represent nurses who practice in the field directly affected by a subcommittee's actions.
    SECTION 5. IC 25-23-1-16.1 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 1999]: Sec. 16.1. (a) A license to practice as a registered nurse expires on October 31 in each odd-numbered year. Failure to renew the license on or before the expiration date will automatically render the license invalid without any action by the board.
    (b) A license to practice as a licensed practical nurse expires on October 31 in each even-numbered year. Failure to renew the license on or before the expiration date will automatically render the license invalid without any action by the board.
    (c) The procedures and fee for renewal shall be set by the board.
    (d) At the time of license renewal, each registered nurse and each licensed practical nurse shall pay an additional three dollar ($3) fee. The lesser of the following amounts from fees collected under this subsection shall be deposited in the impaired nurses account of the state general fund established by section 34 of this chapter:
        (1) Three dollars ($3) per license renewed under this section.
        (2) The cost per license to operate the impaired nurses program, as determined by the health professions bureau.
     (e) To renew a license under this section, an individual must have completed the continuing education requirements established by the board under section 7(a)(9)(C) of this chapter. An application under this section must contain a sworn statement signed by the applicant attesting that the applicant has fulfilled the continuing education requirements.
     (f) Every two (2) years, the board may randomly audit for compliance at least one percent (1%) but not more than ten percent (10%) of the nurses required to take continuing education courses.
    (g) Notwithstanding IC 25-22.5-2-7 (1)(G), the continuing education requirement does not apply to the following:
        (1) A nurse who has held an initial license for less than two (2) years.
        (2) A nurse who the board has determined is unable to meet the requirement due to a disability.
    (h) For each continuing education course attended or completed, the nurse shall retain:
        (1) a record of the number of hours spent in each continuing education course;
        (2) the subject matter presented;
        (3) the name of the sponsoring organization; and
        (4) verification of attendance or completion;
for three (3) years after the date the nurse's license was renewed.

    SECTION 6. An emergency is declared for this act.