TITLE 847 STATE BOARD OF MASSAGE THERAPY
Emergency Rule
LSA Document #19-42(E)
DIGEST
SECTION 1. This document implements IC 25-1-1.1-6 regarding disqualifying criminal history for licensure by the state board of massage therapy, 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 state board of massage therapy 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:
(1) Crimes involving sexual acts that can be considered without respect to age of conviction are as follows:
(C) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
(2) Crimes of violence that can be considered without respect to age of conviction are as follows:
(C) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony (IC 35-43-2-1).
(F) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
(J) Operating a vehicle while intoxicated causing death (IC 9-30-5-5).
(K) Operating a vehicle while intoxicated causing serious bodily injury to another person (IC 9-30-5-4).
(O) Robbery as a Level 2 felony or a Level 3 felony (IC 35-42-5-1).
(P) 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).
(Q) Unlawful possession of a firearm by a serious violent felon (IC 35-47-4-5).
(10) Attempt under IC 35-41-5-1 to commit an offense listed in this SECTION.
(11) Attempting to purchase handgun by ineligible person (IC 35-47-2.5-15) (before its repeal).
(14) Battery, neglect, or exploitation of endangered adult or person with mental or physical disability; failure to report; unlawful disclosures; referrals; retaliation (IC 35-46-1-13).
(19) Carrying a handgun without being licensed; exceptions; person convicted of domestic battery (IC 35-47-2-1).
(23) Child exploitation; possession of child pornography; exemptions; defenses (IC 35-42-4-4).
(26) "Chinese throwing star" defined; related offenses (IC 35-47-5-12).
(27) Conspiracy under IC 35-41-5-2 to commit an offense listed in this SECTION.
(29) Contributing to the delinquency of a minor (IC 35-46-1-8).
(32) Counterfeiting; false or fraudulent sales receipts; forgery; application fraud (IC 35-43-5-2).
(34) Criminal mischief; institutional criminal mischief; controlled substance criminal mischief (IC 35-43-1-2).
(37) Criminal recklessness; element of hazing; liability barred for good faith report or judicial participation (IC 35-42-2-2).
(40) Criminal trespass; denial of entry; permission to enter; exceptions (IC 35-43-2-2).
(41) Criminal use or possession of code grabbing device (IC 35-45-12-2).
(46) Dangerous possession and unlawful transfer of a firearm (IC 35-47-10-5).
(47) Dealing in a controlled substance by a practitioner (IC 35-48-4-1.5).
(48) Dealing in a controlled substance resulting in death (IC 35-42-1-1.5).
(50) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
(51) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
(52) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(53) Dealing in a substance represented to be a controlled substance (IC 35-48-4-4.5).
(54) Dealing in a synthetic drug or synthetic drug lookalike substance (IC 35-48-4-10.5).
(56) Dealing in marijuana, hash oil, hashish, or salvia (IC 35-48-4-10).
(60) Deception with intent to cause withholding of CPR (IC 16-36-5-28).
(61) Delivery of deadly weapon to intoxicated person (IC 35-47-4-1).
(63) Destruction of declaration; forgery of revocation (IC 16-36-5-27).
(64) Destructive device or explosive to kill, injure, or intimidate or to destroy property (IC 35-47.5-5-8).
(66) Directing laser pointer at public safety officer or state police motor carrier inspector (IC 35-47-4.5-4).
(68) Dissemination of matter or conducting performance harmful to minors (IC 35-49-3-3).
(69) Distribution of destructive device, explosive, or detonator to a minor (IC 35-47.5-5-5).
(70) Distribution of regulated explosives to persons convicted of felony (IC 35-47.5-5-4).
(74) Duties of driver of motor vehicle involved in accident; sentencing (IC 9-26-1-1.1).
(76) Enticing or taking a patient away or aiding a patient to escape from the custody of an administrator or a superintendent (IC 12-24-17-7).
(77) Evasion of tax; offenses; prosecution (IC 6-3-6-11).
(78) Exploitation of dependent or endangered adult; financial exploitation of endangered adult; violation classification (IC 35-46-1-12).
(79) Failure of carriers of dangerous communicable diseases to warn persons at risk (IC 35-45-21-3).
(84) False reports; criminal and civil liability; notification of prosecuting attorney (IC 31-33-22-3).
(86) Firearm, explosive, or deadly weapon; possession in commercial or chartered aircraft (IC 35-47-6-1).
(87) Firearm, explosive, or deadly weapon; possession in controlled access areas of an airport (IC 35-47-6-1.3).
(88) Firearms and handguns; giving false information or offering false evidence of identity (IC 35-47-2-17).
(92) Hindering or obstructing detection, disarming, or destruction of destructive device (IC 35-47.5-5-7).
(107) Interference with the reporting of a crime (IC 35-45-2-5).
(108) Interfering with drug or alcohol screening test (IC 35-43-5-19).
(122) Neglect, abuse, or maltreatment of a patient in a state institution; penalty (IC 12-24-17-3).
(124) Nitrous oxide distribution; nonmedical purposes (IC 35-46-6-3).
(131) Obstruction of delivery of prescription drug (IC 35-45-21-5).
(133) Obtaining child abuse information under false pretenses; knowingly falsifying records or interfering with an investigation (IC 31-33-22-2).
(135) Offenses relating to registration labeling and prescription forms (IC 35-48-4-14).
(137) Operating a motorboat while intoxicated (IC 35-46-9-6).
(138) Operating a vehicle while intoxicated (IC 9-30-5).
(140) Operation of home without proper licensure; prohibition (IC 12-17.2-5-1).
(141) Participation in criminal organization; offense (IC 35-45-9-3).
(145) Possession of a controlled substance; obtaining a schedule V controlled substance (IC 35-48-4-7).
(146) Possession of a dangerous device while incarcerated (IC 35-44.1-3-7).
(147) Possession of a fraudulent sales document manufacturing device (IC 35-43-5-15).
(149) Possession of cocaine or narcotic drug (IC 35-48-4-6).
(150) Possession of device or substance used to interfere with drug or alcohol screening test (IC 35-43-5-18).
(151) Possession of firearms on school property or a school bus; possession of firearms in a motor vehicle parked in a school parking lot (IC 35-47-9-2).
(152) Possession of marijuana, hash oil, hashish, or salvia (IC 35-48-4-11).
(157) Prohibited sales or transfers of ownership (IC 35-47-2-7).
(159) Promotion of child sexual trafficking; promotion of sexual trafficking of a younger child (IC 35-42-3.5-1.2).
(163) Public intoxication prohibited; failure to enforce by a law enforcement officer (IC 7.1-5-1-3).
(165) "Qualified egg bank"; unlawful transfer of human organisms; exceptions; penalties (IC 35-46-5-3).
(168) Regulated explosives; persons convicted of felonies; prior unrelated convictions (IC 35-47.5-5-3).
(170) Removal of attack dog's vocal cords; animal cruelty (IC 35-46-3-13).
(174) Sale, distribution, or exhibition of obscene matter (IC 35-49-3-1).
(175) Sale of kit or device for unauthorized use of cable television system services (IC 35-43-5-6.5).
(176) Sale or distribution of HIV testing equipment (IC 35-45-21-2).
(177) Sale to minors prohibited; furnishing property for the purpose of enabling minors to consume alcohol prohibited (IC 7.1-5-7-8).
(183) Sexually violent predator; duty to notify (IC 11-8-8-18).
(186) Stun guns; purchase, possession, and sale; use in commission of crime; use on law enforcement officer (IC 35-47-8-5).
(187) Synthetic drug or synthetic drug lookalike substance (IC 35-48-4-11.5).
(190) Tampering with a water supply; poisoning (IC 35-43-1-5).
(195) Threats; refusal to join or withdraw from organization; intimidation offense (IC 35-45-9-4).
(196) Torture or mutilation of a vertebrate animal; killing a domestic animal (IC 35-46-3-12).
(197) Trafficking with an inmate; carrying a deadly weapon into a correctional facility (IC 35-44.1-3-5).
(200) Unauthorized adoption advertising; advertisement requirements (IC 35-46-1-21).
(203) Unlawful documentation of a gift of organs, tissue, eyes, or body parts (IC 35-46-5-4).
(205) Unlawful entry of school property by a serious sex offender (IC 35-42-4-14).
(207) Unlawful manufacture, distribution, or possession of counterfeit substance (IC 35-48-4-4.6).
(208) Unlawful participation in human cloning; exception (IC 35-46-5-2).
(209) Unlawful photography and surveillance on private property (IC 35-46-8.5-1).
(211) Unlawful possession of a firearm by a domestic batterer (IC 35-47-4-6).
(212) Unlawful possession of a firearm by a serious violent felon (IC 35-47-4-5).
(213) Unlawful practices; investment advisers and investment adviser representatives; investment advisory contract (IC 23-19-5-2).
(214) Unlawful purchase of a handgun (IC 35-47-2.5-14) (before its repeal).
(215) Unlawful sale or possession of a transaction manipulation device (IC 35-43-5-4.6).
(217) Unlawful use of a communications medium; definitions (IC 35-45-2-3).
(220) Use of regulated explosive in violation of commission rule (IC 35-47.5-5-11).
(221) Vicarious sexual gratification; sexual conduct in presence of minor (IC 35-42-4-5).
(222) Violation of certain no contact orders; offense; penalty (IC 35-46-1-15.3).
(258) Violation of IC 25-23.6 (unauthorized use of license issued by behavioral health and human services board) under IC 25-23.6-11-2.
(259) Violation of IC 25-23.6-11-3 (presenting false information to the behavioral health and human services board to obtain license) under IC 25-23.6-11-3.
(264) Violation of any state drug law related to wholesale legend drug distribution (IC 25-26-14).
(285) Violation of Indiana Legend Drug Act (IC 16-42-19).
(286) Violation of order by parent or other custodian of child (IC 31-34-2.3-7).
(287) Violation of order by alleged perpetrator of child abuse or neglect (IC 31-34-2.3-8).
(289) Visiting a common nuisance; maintaining a common nuisance (IC 35-45-1-5).
(290) Voyeurism; public voyeurism; aerial voyeurism (IC 35-45-4-5).
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. The fee for a petition under IC 25-1-1.1-6(h) for a determination as to whether the individual's misdemeanor or felony conviction will disqualify the individual from receiving a license or certification shall be twenty-five dollars ($25).
SECTION 7. SECTIONS 1 through 6 of this document take effect January 30, 2019.
Filed with Publisher: January 30, 2019, 8:35 a.m.
Posted: 02/06/2019 by Legislative Services Agency
DIN: 20190206-IR-847190042ERA
Composed: Apr 29,2024 2:37:11AM EDT
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