TITLE 307 INDIANA BOARD OF REGISTRATION FOR SOIL SCIENTISTS
Emergency Rule
LSA Document #18-474(E)
DIGEST
Temporarily adds a list of disqualifying crimes and related provisions, implementing IC 25-1-1.1-6. Statutory authority: IC 25-1-1.1-6. Effective November 1, 2018.
SECTION 1. This document implements IC 25-1-1.1-6 regarding disqualifying criminal history for licensure by the Indiana board of registration for soil scientists, and includes in SECTION 4 of this document an explicit list of crimes that will disqualify an individual from receiving a license.
SECTION 2. An applicant for licensure who has a disqualifying criminal history may still be granted a license based on the criteria stated in IC 25-1-1.1-6(f).
SECTION 3. This document and IC 25-1-1.1-6 do not limit the authority of the Indiana board of registration for soil scientists to issue a license on probation if appropriate under IC 25-1-11-19 or any other applicable statute.
SECTION 4. This SECTION contains the list of disqualifying crimes as follows:
(2) A violation of any federal or state drug law or rule related to wholesale legend drug distributors licensed under IC 25-26-14.
(7) An offense relating to registration, labeling, and prescription forms under IC 35-48-4-14.
(9) Arson as a Level 2, Level 3, or Level 4 felony (IC 35-43-1-1(a)).
(14) Attempting to purchase handgun by ineligible person (IC 35-41-5-1(a)).
(A) Level 2 felony;
(B) Level 3 felony;
(C) Level 4 felony; or
(D) Level 5 felony.
(21) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony (IC 35-43-2-1).
(38) Contributing to the delinquency of a minor (IC 35-46-1-8).
(40) Conversion or misappropriation of title insurance escrow funds (IC 35-43-9-7).
(44) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
(55) Dangerous communicable disease carrier-failure to warn (IC 35-45-21-3).
(59) Dealing in a controlled substance resulting in death under IC 35-42-1-1.5.
(62) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
(63) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
(64) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(65) Dealing in a substance represented to be a controlled substance (IC 35-48-4-4.5).
(66) Dealing in a synthetic drug or synthetic drug lookalike substance under IC 35-48-4-10.5 (or under IC 35-48-4-10(b) before its amendment in 2013).
(68) Dealing in marijuana, hash oil, hashish, or salvia as a felony (IC 35-48-4-10).
(69) Dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1).
(70) Dealing in paraphernalia as a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) under IC 35-48-4-8.5(b).
(75) Dissemination of matter harmful to minors (IC 35-49-3-3).
(82) Failure to notify by sexually violent predator (IC 11-8-8-18(a)).
(83) Failure to register as a sex offender or violent offender (IC 11-8-8-17(a)(1)).
(88) Falsely reporting child abuse or neglect (IC 31-33-22-3(a)).
(92) Fraudulent or deceitful act in the offer, sale, or purchase of a security (IC 23-19-5-1).
(93) Fraudulently obtaining a controlled substance under IC 35-48-4-7(c).
(97) Has been convicted of prostitution (IC 35-45-4).
(105) Inappropriate communication with a child (IC 35-42-4-13(c)).
(113) Interference with the reporting of a crime (IC 35-45-2-5).
(114) Interfering with a drug or alcohol screening test (IC 35-43-5-19).
(120) Issuing invalid prescription for legend drugs by a practitioner (IC 16-42-19-20(b)).
(122) Knowingly or intentionally manufacturing, advertising, distributing, or possessing with intent to manufacture, advertise, or distribute a substance represented to be a controlled substance under IC 35-48-4-4.6.
(128) Maintaining a common nuisance under IC 35-48-4-13 (repealed) or IC 35-45-1-5, if the common nuisance involves a controlled substance.
(130) Manufacture of paraphernalia as a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) under IC 35-48-4-8.1(b).
(131) Manufacture, sale, or possession of Chinese throwing stars (IC 35-47-5-12).
(138) Obtaining or attempting to obtain legend drugs by fraud (IC 16-42-19-16(1)(A)).
(140) Offense against intellectual property (IC 35-43-1-7(1)).
(142) Operating a child care home without a license (IC 12-17.2-5-1(a)).
(144) Operating a vehicle while intoxicated under IC 9-30-5.
(145) Operating a vehicle with an ACE of .08 (IC 9-30-5-1).
(149) Possession of a controlled substance (IC 35-48-4-7(a)).
(151) Possession of a destructive device or explosive (IC 35-47.5-5-8).
(152) Possession of a device or substance used to interfere with a drug or alcohol screening test (IC 35-43-5-18).
(153) Possession of a firearm on school property (IC 35-47-9-2).
(156) Possession of a regulated explosive by a convicted felon (IC 35-47.5-5-4).
(159) Possession of a synthetic drug or synthetic drug lookalike (IC 35-48-4-11.5).
(160) Possession of a synthetic drug or synthetic drug lookalike substance as a Class D felony for a crime committed before July 1, 2014, under:
(C) Level 6 felony for a crime committed after June 30, 2014, under IC 35-48-4-11.5.
(163) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
(165) Possession of marijuana, hash oil, hashish, or salvia as a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) under IC 35-48-4-11.
(167) Possession of paraphernalia as a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) under IC 35-48-4-8.3(b) before its amendment on July 1, 2015.
(168) Possession or sale of adulterant or synthetic urine (IC 35-43-5-19.5).
(177) Providing false information to a governmental entity to obtain a contract (IC 35-43-5-3).
(181) Purchasing an animal for use in an animal fighting contest (IC 35-46-3-8).
(185) Refusal to make records of legend drugs available to law enforcement (IC 16-42-19-15).
(186) Requesting or obtaining child abuse or neglect information (IC 31-33-22-2(a)).
(191) Robbery as a Level 2 felony or a Level 3 felony (IC 35-42-5-1).
(192) Selling a drug containing ephedrine or pseudoephedrine, or both, to a minor (IC 35-48-4-14.7).
(197) Sexual misconduct with a minor as a Level 1 felony under IC 35-42-4-9(a)(2) or a Level 2 felony under IC 35-42-4-9(b)(2).
(208) Unlawful distribution of anabolic steroids by a practitioner (IC 16-42-19-25).
(209) Unlawful documentation of a gift of organs, tissue, eyes, or body parts (IC 35-46-5-4).
(210) Unlawful employment near children by a sexual predator (IC 35-42-4-10(c)).
(211) Unlawful entry of school property by a serious sex offender (IC 35-42-4-14).
(212) Unlawful participation in human cloning (IC 35-46-5-2).
(213) Unlawful possession of a firearm by an alien (IC 35-47-4-8).
(214) Unlawful possession of a firearm by a domestic batterer (IC 35-47-4-6).
(215) Unlawful possession of a firearm by a serious violent felon (IC 35-47-4-5).
(219) Unlawful possession or use of legend drugs or precursor (IC 16-42-19-13).
(227) Unlawful use of a communications medium (IC 35-45-2-3).
(229) Unlawful use of mechanical device to dispense legend drugs (IC 16-42-19-23).
SECTION 5. A crime in any other jurisdiction for which the elements of the crime for which conviction was entered are substantially similar to the elements of a crime included on the list in SECTION 4 of this document shall also be a crime that will disqualify an individual from receiving a license and therefore included on the list.
SECTION 6. SECTIONS 1 through 5 of this document take effect November 1, 2018.
Filed with Publisher: November 1, 2018, 3:38 p.m.
Posted: 11/07/2018 by Legislative Services Agency
DIN: 20181107-IR-307180474ERA
Composed: Apr 29,2024 11:15:04PM EDT
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