reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.5. Land Surveyors › Chapter 11. Injunctions › 25-21.5-11-4. Investigative Fund; Administration by Attorney General and Licensing Agency; Appropriation

Sec. 4. (a) The professional surveyor and surveyor intern investigative fund is established to provide funds for administering and enforcing the provisions of this article, including investigating and taking enforcement action against violators of this article. The fund shall be administered by the attorney general and the licensing agency.
(b) The expenses of administering the fund shall be paid from the money in the fund. The fund consists of money from a fee imposed upon professional surveyors and surveyor interns under IC 25-21.5-3-4(b).
(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
(d) Money in the fund at the end of a state fiscal year does not revert to the state general fund. If the total amount in the fund exceeds five hundred thousand dollars ($500,000) at the end of a state fiscal year after payment of all claims and expenses, the amount that exceeds five hundred thousand dollars ($500,000) reverts to the state general fund.
(e) Money in the fund is continually appropriated for use by the attorney general and the licensing agency to administer and enforce the provisions of this article and to conduct investigations and take enforcement action against persons violating the provision of this article.
As added by P.L.194-2005, SEC.66. Amended by P.L.177-2006, SEC.6; P.L.57-2013, SEC.81.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.5. Land Surveyors › Chapter 12. Revocation and Suspension › 25-21.5-12-1. Procedures; Disciplinary Proceedings

Sec. 1. The procedures under IC 4-21.5 govern the board's procedures for conducting disciplinary hearings and issuing subpoenas for witnesses and other evidence.
As added by P.L.23-1991, SEC.12.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.5. Land Surveyors › Chapter 13. Actions and Violations › 25-21.5-13-1. Filing Charges

Sec. 1. A person may file charges of fraud, deceit, gross negligence, incompetency, or unprofessional conduct against a registrant by presenting specific written charges verified by an affidavit that makes definite and specific charges of the facts against the holder of a certificate of registration under IC 25-1-7.
As added by P.L.23-1991, SEC.12.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.5. Land Surveyors › Chapter 13. Actions and Violations › 25-21.5-13-2. Penalties

Sec. 2. A person who:
(1) engages in, or offers to engage in, the practice of surveying without being registered or exempted under Indiana law;
(2) presents as the person's own the certificate of registration or the seal of another;
(3) gives false or forged evidence of any kind to the board or to a board member in obtaining a certificate of registration;
(4) impersonates any other registrant;
(5) uses an expired, a suspended, or a revoked certificate of registration; or
(6) otherwise violates this article;
commits a Class B misdemeanor.
As added by P.L.23-1991, SEC.12. Amended by P.L.57-2013, SEC.82.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.5. Land Surveyors › Chapter 13. Actions and Violations › 25-21.5-13-3. Legal Advisor; Use of Investigative Fund

Sec. 3. (a) The attorney general shall act as the legal advisor for the board and provide any legal assistance necessary to carry out this article.
(b) The attorney general and the licensing agency may use the professional surveyor and surveyor intern investigative fund established by IC 25-21.5-11-4 to hire investigators and other employees to enforce the provisions of this article and to investigate and prosecute violations of this article.
As added by P.L.23-1991, SEC.12. Amended by P.L.194-2005, SEC.67; P.L.57-2013, SEC.83.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.5. Land Surveyors › Chapter 13. Actions and Violations › 25-21.5-13-4. Judicial Review

Sec. 4. An applicant or a registrant who is aggrieved by an order or determination of the board is entitled to a judicial review under IC 4-21.5-5.
As added by P.L.23-1991, SEC.12.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 1. Definitions › 25-21.8-1-1.5. "Approved Massage Therapy School"

Sec. 1.5. "Approved massage therapy school" means a facility that meets minimum standards for training and curriculum as determined by the board.
As added by P.L.267-2017, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 1. Definitions › 25-21.8-1-4. "Massage Therapy"

Sec. 4. "Massage therapy":
(1) means a health care service involving the external manipulation or pressure of soft tissue for the purposes of enhancing health, providing muscle relaxation, increasing range of motion, reducing stress, relieving pain, or improving circulation of the human body;
(2) includes:
(A) the use of touch, external pressure, friction, stroking, rocking, gliding, vibration, percussion, kneading, movement, positioning, nonspecific stretching, stretching within the normal anatomical range of movement, and holding, with or without the use of massage devices that mimic or enhance manual measures; and
(B) the external application of heat, cold, water, ice, stones, lubricants, abrasives, and topical preparations that are not classified as prescription drugs; and
(3) does not include:
(A) spinal manipulation or grade 5 mobilization referred to in IC 25-10-1-14; and
(B) diagnosis or prescribing drugs for which a license is required.
As added by P.L.200-2007, SEC.8. Amended by P.L.267-2017, SEC.4.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 1. Definitions › 25-21.8-1-5. "Massage Therapist"

Sec. 5. "Massage therapist" means an individual who is licensed under this article and practices or offers to provide massage therapy.
As added by P.L.200-2007, SEC.8. Amended by P.L.267-2017, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 2. State Board of Massage Therapy › 25-21.8-2-2. Members; Qualifications

Sec. 2. The board consists of five (5) members appointed by the governor as follows:
(1) Subject to IC 25-1-6.5-3, four (4) massage therapists, each of whom:
(A) is licensed under this article;
(B) has been actively practicing massage therapy for at least three (3) of the five (5) years immediately preceding the individual's appointment; and
(C) does not have a pending disciplinary or suspension proceeding against the individual.
(2) Subject to IC 25-1-6.5-3, one (1) member of the general public. A board member appointed under this subdivision must not:
(A) be licensed under this article;
(B) be the spouse of an individual who is licensed or intends to be licensed under this article; or
(C) have a direct or an indirect financial interest in the profession regulated under this article.
As added by P.L.200-2007, SEC.8. Amended by P.L.267-2017, SEC.7; P.L.249-2019, SEC.94.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 2. State Board of Massage Therapy › 25-21.8-2-3. Terms

Sec. 3. (a) Each member of the board appointed before July 1, 2019, shall serve a term of three (3) years and until the member's successor is appointed and qualified.
(b) Each member of the board appointed after June 30, 2019, shall be appointed under IC 25-1-6.5.
As added by P.L.200-2007, SEC.8. Amended by P.L.249-2019, SEC.95.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 2. State Board of Massage Therapy › 25-21.8-2-4. Removal

Sec. 4. A member of the board may be removed under IC 25-1-6.5-4.
As added by P.L.200-2007, SEC.8. Amended by P.L.267-2017, SEC.8; P.L.249-2019, SEC.96; P.L.156-2020, SEC.100.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 2. State Board of Massage Therapy › 25-21.8-2-5. Officers

Sec. 5. (a) Each year the board shall elect from its members the following officers:
(1) A chairperson.
(2) A vice chairperson.
(b) A member serving as chairperson or vice chairperson shall serve until the member's successor as chairperson or vice chairperson is elected.
As added by P.L.200-2007, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 2. State Board of Massage Therapy › 25-21.8-2-6. Meetings

Sec. 6. The board shall meet at least one (1) time each calendar year upon the call of the chairperson or the written request of a majority of the members of the board and with the advice and consent of the executive director of the professional licensing agency.
As added by P.L.200-2007, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 2. State Board of Massage Therapy › 25-21.8-2-7. Quorum

Sec. 7. (a) Three (3) members of the board constitute a quorum.
(b) An affirmative vote of three (3) members of the board is necessary for the board to take official action.
As added by P.L.200-2007, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 2. State Board of Massage Therapy › 25-21.8-2-8. Compensation

Sec. 8. Each member of the board is entitled to a per diem allowance and any other compensation for the performance of the member's duties in accordance with IC 4-10-11-2.1.
As added by P.L.200-2007, SEC.8. Amended by P.L.267-2017, SEC.9.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 2. State Board of Massage Therapy › 25-21.8-2-9. Rules

Sec. 9. The board shall adopt rules under IC 4-22-2 regarding standards for the competent practice of massage therapy.
As added by P.L.200-2007, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 3. Powers and Duties of the Board › 25-21.8-3-1. Duties of the Board

Sec. 1. (a) The board shall do the following:
(1) Administer and enforce this article.
(2) Adopt rules under IC 4-22-2 for the administration and enforcement of this article.
(3) Judge the qualifications of applicants for licensure under this article.
(4) Issue, deny, or renew licenses under this article.
(5) Subject to IC 4-21.5, IC 25-1-7, and IC 25-1-11, discipline individuals who are licensed under this article for violations of this article.
(6) Establish reasonable fees for examinations, license applications, renewal of licenses, and other services.
(7) Maintain a record of all proceedings.
(8) Maintain records of licensed massage therapists.
(9) Adopt at least two (2) examinations that an applicant may use for licensure under this article.
(b) The board may do the following:
(1) Conduct administrative hearings.
(2) Administer oaths in matters relating to the discharge of the official duties of the board.
As added by P.L.200-2007, SEC.8. Amended by P.L.267-2017, SEC.10.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 3. Powers and Duties of the Board › 25-21.8-3-2. Duties of the Licensing Agency

Sec. 2. The licensing agency shall do the following:
(1) Carry out the administrative functions of the board.
(2) Provide necessary personnel to carry out the duties of this article.
(3) Receive and account for all fees required under this article.
(4) Deposit fees collected with the treasurer of state for deposit in the state general fund.
As added by P.L.200-2007, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 4. Issuance of Certification › 25-21.8-4-1. Massage Therapy Licensure

Sec. 1. Persons engaged in massage therapy for compensation must be licensed by the board.
As added by P.L.200-2007, SEC.8. Amended by P.L.267-2017, SEC.11.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 4. Issuance of Certification › 25-21.8-4-2. Qualifications

Sec. 2. An individual who applies for licensure as a massage therapist must do the following:
(1) Complete and submit the licensure application in the form and manner provided by the board.
(2) Furnish evidence satisfactory to the board showing that the individual:
(A) is at least eighteen (18) years of age;
(B) has a high school diploma or the equivalent of a high school diploma;
(C) has successfully completed a massage therapy school or program that:
(i) requires at least six hundred twenty-five (625) hours of supervised classroom and hands on instruction on massage therapy;
(ii) is in good standing with a state, regional, or national agency of government charged with regulating massage therapy schools or programs; and
(iii) is authorized by the department of workforce development under IC 22-4.1-21 or accredited by another state where the standards for massage therapy education are substantially the same as the standards in Indiana, or is a program at an institution of higher learning that is approved by the board; and
(D) has taken and passed a licensure examination approved by the board.
(3) Provide a history of any criminal convictions the individual has, including any convictions related to the practice of the profession. The board shall deny an application for licensure if the applicant:
(A) has been convicted of:
(i) prostitution;
(ii) rape; or
(iii) sexual misconduct; or
(B) is a registered sex offender.
(4) Provide proof that the applicant currently has professional liability insurance with minimum coverage of two million dollars ($2,000,000) per claim and six million dollars ($6,000,000) in aggregate.
(5) Submit to a national criminal history background check as prescribed by IC 25-0.5-1-9.
(6) Verify the information submitted on the application form.
(7) Pay fees established by the board.
As added by P.L.200-2007, SEC.8. Amended by P.L.3-2008, SEC.186; P.L.177-2009, SEC.38; P.L.107-2012, SEC.62; P.L.112-2014, SEC.26; P.L.267-2017, SEC.12; P.L.152-2018, SEC.36; P.L.180-2018, SEC.16; P.L.10-2019, SEC.111; P.L.157-2023, SEC.23.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 4. Issuance of Certification › 25-21.8-4-3. Prohibitions

Sec. 3. An individual who is not licensed under this article may not:
(1) profess to be a licensed massage therapist;
(2) use:
(A) the title "Certified Massage Therapist", "Massage Therapist", "Licensed Massage Therapist", "Medical Massage Therapist", "Clinical Massage Therapist", "Masseuse", "Masseur", "Bodyworker", "Muscle Mechanic", or a similar term; or
(B) the abbreviation "CMT", "MT", "LMT", "MMT", or other initials, words, letters, abbreviations, or insignia to imply that the individual is a licensed massage therapist or practices massage therapy; or
(3) practice or offer to provide massage therapy.
As added by P.L.200-2007, SEC.8. Amended by P.L.267-2017, SEC.13.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 4. Issuance of Certification › 25-21.8-4-3.5. Advertisement Prohibitions

Sec. 3.5. (a) An individual who is not licensed under this article may not advertise, publicly or privately, that the individual is a massage therapist or provides massage therapy.
(b) An individual may not display or disseminate an advertisement, publicly or privately, for massage therapy that indicates or implies that massage therapy will be provided that includes sexual activity.
(c) An advertisement for massage therapy by a massage therapist must include the following information:
(1) The massage therapist's name.
(2) The massage therapist's license number.
As added by P.L.267-2017, SEC.14.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 4. Issuance of Certification › 25-21.8-4-4. Proof of Licensure

Sec. 4. An individual who is licensed as a massage therapist under this article shall display proof of licensure in a conspicuous location where the individual practices massage therapy.
As added by P.L.177-2009, SEC.39. Amended by P.L.267-2017, SEC.15.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 4. Issuance of Certification › 25-21.8-4-5. Scope of Practice

Sec. 5. This article does not prohibit the following:
(1) An individual who has a license, registration, certificate, or permit from the state from acting within the scope of the individual's license, registration, certificate, or permit.
(2) An individual who participates in an approved training program for the purpose of acquiring a license, registration, certificate, or permit from the state from performing activities within the scope of the approved training program.
(3) A student of an approved massage therapy school from performing massage therapy under the supervision of the approved massage therapy school, if the student does not profess to be a licensed massage therapist.
(4) An individual's practice in one (1) or more of the following areas that does not involve intentional soft tissue manipulation:
(A) Alexander Technique.
(B) Feldenkrais.
(C) Reiki.
(D) Therapeutic Touch.
(5) An individual's practice in which the individual provides service marked bodywork approaches that involve intentional soft tissue manipulation, including:
(A) Rolfing;
(B) Trager Approach;
(C) Polarity Therapy;
(D) Ortho-bionomy; and
(E) Reflexology;
if the individual is approved by a governing body based on a minimum level of training, demonstration of competency, and adherence to ethical standards.
(6) The practice of massage therapy by a person either actively licensed as a massage therapist in another state or currently certified by the National Certification Board of Therapeutic Massage and Bodywork or other national certifying body if the person's state does not license massage therapists, if the individual is performing duties for a non-Indiana based team or organization, or for a national athletic event held in Indiana, so long as the individual restricts the individual's practice to the individual's team or organization during the course of the individual's or the individual's team's or the individual's organization's stay in Indiana or for the duration of the event.
(7) Massage therapists from other states or countries providing educational programs in Indiana for a period not to exceed thirty (30) days within a calendar year.
(8) An employee of a physician or a group of physicians from performing an act, a duty, or a function to which the exception described in IC 25-22.5-1-2(a)(20) applies.
(9) An employee of a chiropractor from performing an act, duty, or function authorized under IC 25-10-1-13.
(10) An employee of a podiatrist or a group of podiatrists from performing an act, duty, or function to which the exception described in IC 25-29-1-0.5(a)(13) applies.
(11) A dramatic portrayal or some other artistic performance or expression involving the practice of massage therapy.
(12) The practice of massage therapy by a member of an emergency response team during a period of active emergency response.
As added by P.L.267-2017, SEC.16.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 4. Issuance of Certification › 25-21.8-4-6. Applicability; Necessity of a License

Sec. 6. (a) This subsection applies to an individual who holds a certification by the board as a massage therapist on the effective date of the rules adopted by the board for massage therapy licensure. An individual to whom this subsection applies is considered to be licensed from the effective date of the rules adopted by the board for massage therapy licensure, and the board shall thereafter renew the person's license in accordance with IC 25-21.8-6. If an individual to whom this subsection applies becomes licensed under this subsection, the expiration date of the license is the same as the expiration date of the certification that the individual held on the effective date of the rules adopted by the board for massage therapy licensure.
(b) This subsection applies to an individual who is not certified by the board as a massage therapist and who is practicing massage therapy for compensation in Indiana on the effective date of the rules adopted by the board for massage therapy licensure. An individual to whom this subsection applies may continue practicing massage therapy in Indiana without a massage therapy license until the date occurring one hundred eighty-three (183) days after the effective date of the rules adopted by the board for massage therapy licensure. On or after the date occurring one hundred eighty-three (183) days after the effective date of the rules adopted by the board for massage therapy licensure, an individual to whom this subsection applies may not practice massage therapy in Indiana unless the individual obtains a massage therapy license. A person to whom this subsection applies may obtain a massage therapy license by doing the following:
(1) Apply for licensure before the date occurring one hundred eighty-three (183) days after the effective date of the rules adopted by the board for massage therapy licensure.
(2) Provide the board with either:
(A) documentation that the applicant has completed and passed a nationally recognized competency examination in the practice of massage therapy and an affidavit of at least five (5) years of work experience in the state; or
(B) a certificate and transcript of completion from a massage therapy program or school with at least five hundred (500) hours of education.
(3) Submit to a national criminal history background check as prescribed by IC 25-0.5-1-9.
(c) Notwithstanding any other law, the board shall continue to issue massage therapy certifications under this article until the effective date of the rules adopted by the board for massage therapy licensure.
As added by P.L.267-2017, SEC.17. Amended by P.L.180-2018, SEC.17.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 5. Certification by Endorsement › 25-21.8-5-1. Licensure by Endorsement

Sec. 1. (a) The board may grant licensure by endorsement to an individual who:
(1) is licensed, certified, or registered in another state having credentialing standards that are substantially equivalent to or that exceed the credentialing standards specified under this article;
(2) has no pending disciplinary actions in relation to the performance of massage therapy and is in good standing with the standards of the other state or country;
(3) pays an application fee established by the board;
(4) provides a history of the individual's criminal convictions, if any, including any criminal convictions relating to the practice of the profession; and
(5) submits to a national criminal history background check as prescribed by IC 25-0.5-1-9.
(b) The board shall deny an application for licensure if the applicant:
(1) has been convicted of:
(A) prostitution;
(B) rape; or
(C) sexual misconduct; or
(2) is a registered sex offender.
(c) An applicant for licensure by endorsement shall cause each state that previously credentialed the applicant to provide the board with the applicant's current status in the state.
As added by P.L.200-2007, SEC.8. Amended by P.L.267-2017, SEC.18.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 6. Certification Renewal › 25-21.8-6-1. Four Year Licensure; Renewal

Sec. 1. (a) Subject to IC 25-1-2-6(e), a license issued by the board is valid for four (4) years.
(b) A license expires:
(1) at midnight on the date established by the licensing agency under IC 25-1-6-4, subject to IC 25-1-2-6(e); and
(2) every four (4) years thereafter, unless renewed before that date.
As added by P.L.200-2007, SEC.8. Amended by P.L.177-2015, SEC.46; P.L.267-2017, SEC.19.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 6. Certification Renewal › 25-21.8-6-2. Renewal Application; Liability Insurance

Sec. 2. An individual who applies to renew a license as a massage therapist must:
(1) apply for renewal in the manner required by the board;
(2) furnish evidence of successful completion of twenty-four (24) hours of continuing education within the most recent four (4) year period, as approved by the board;
(3) pay a renewal fee established by the board; and
(4) provide proof that the applicant currently has professional liability insurance with minimum coverage of two million dollars ($2,000,000) per claim and six million dollars ($6,000,000) in aggregate.
As added by P.L.200-2007, SEC.8. Amended by P.L.267-2017, SEC.20; P.L.180-2018, SEC.18.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 6. Certification Renewal › 25-21.8-6-3. Late Renewal Reinstatement Fee

Sec. 3. If a renewal application is not submitted within the time under section 1 of this chapter, the board shall charge the applicant a reinstatement fee in an amount established under IC 25-1-8-6.
As added by P.L.200-2007, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 7. Discipline and Violations › 25-21.8-7-1. Violations; Penalty

Sec. 1. (a) This section does not apply to the violation of a rule adopted by the board.
(b) Except as provided in IC 25-21.8-4-3.5, an individual who knowingly violates or causes a violation of this article commits a Class C misdemeanor.
As added by P.L.200-2007, SEC.8. Amended by P.L.267-2017, SEC.21.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 7. Discipline and Violations › 25-21.8-7-2. Disciplinary Procedures

Sec. 2. The board shall follow the disciplinary procedures established under IC 25-1-7 and IC 25-1-11.
As added by P.L.200-2007, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 7. Discipline and Violations › 25-21.8-7-3. Reporting Criminal Convictions

Sec. 3. If an individual licensed under this article is convicted of a crime, the individual is responsible for notifying the board not later than thirty (30) days after the conviction.
As added by P.L.200-2007, SEC.8. Amended by P.L.267-2017, SEC.22.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 7. Discipline and Violations › 25-21.8-7-4. Investigations or Disciplinary Actions

Sec. 4. On July 1, 2017, any pending investigation or disciplinary action against a massage therapist who was certified under this article on June 30, 2017, shall be treated after June 30, 2017, as an investigation or disciplinary action against the massage therapist who is licensed on July 1, 2017.
As added by P.L.267-2017, SEC.23.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 8. Preemption of Local Ordinances, Resolutions, Rules, and Policies › 25-21.8-8-1. State Regulation of Massage Therapy

Sec. 1. This article supersedes any:
(1) ordinance;
(2) resolution;
(3) rule; or
(4) policy;
that has the force of law adopted by a municipality, county, or other governmental unit relating to the licensure, certification, or registration of massage therapists.
As added by P.L.267-2017, SEC.24.
2023 Indiana Code › Title 25. Professions and Occupations › Article 21.8. Massage Therapists › Chapter 8. Preemption of Local Ordinances, Resolutions, Rules, and Policies › 25-21.8-8-2. Local Regulation of Zoning and Business Licenses Pertaining to Massage Therapy

Sec. 2. This article does not affect any local ordinance, resolution, rule, or policy that has the force of law relating to:
(1) zoning; or
(2) business licenses;
adopted by a municipality, county, or other governmental unit and pertaining to massage therapists.
As added by P.L.267-2017, SEC.24.
2023 Indiana Code › Title 25. Professions and Occupations › Article 22.5. Physicians › Chapter 1. Definitions and Exclusions › 25-22.5-1-1. Repealed

Formerly: Acts 1975, P.L.271, SEC.1. As amended by Acts 1977, P.L.273, SEC.1; Acts 1977, P.L.26, SEC.12. Repealed by Acts 1978, P.L.8, SEC.14.
2023 Indiana Code › Title 25. Professions and Occupations › Article 22.5. Physicians › Chapter 1. Definitions and Exclusions › 25-22.5-1-1.2. Additional Definitions

Sec. 1.2. As used in this article:
"Nursing school" includes a hospital nursing school, a nursing program, and a nursing department of a postsecondary educational institution. This shall include two (2), three (3), and four (4) year programs of nursing education.
"Shortage area" is an area in which there is a less than adequate supply of physicians or nurses relative to the need for nursing or physician services.
As added by Acts 1981, P.L.227, SEC.1. Amended by P.L.247-1985, SEC.2; P.L.2-2007, SEC.327.
2023 Indiana Code › Title 25. Professions and Occupations › Article 22.5. Physicians › Chapter 2. Creation of Medical Licensing Board › 25-22.5-2-1. Creation and Membership

Sec. 1. (a) The medical licensing board of Indiana is created. It shall consist of seven (7) members, not more than four (4) of whom shall be members of the same political party. The members shall be appointed by the governor, and all vacancies occurring on the board shall be filled by the governor. Subject to IC 25-1-6.5-3, the membership of the board shall consist of the following:
(1) Five (5) reputable physicians who:
(A) are graduates of a medical school;
(B) hold the degree of doctor of medicine or its equivalent; and
(C) hold valid unlimited licenses to practice medicine in Indiana.
(2) One (1) reputable osteopathic physician who:
(A) is a graduate of an accredited osteopathic medical school;
(B) holds the degree of doctor of osteopathy or its equivalent; and
(C) holds a valid unlimited license to practice osteopathic medicine in Indiana.
(3) One (1) member who:
(A) will represent the general public;
(B) is a resident of this state; and
(C) is in no way associated with the medical profession other than as a consumer.
(b) Members are appointed under IC 25-1-6.5.
(c) A member of the board may be removed under IC 25-1-6.5-4.
Formerly: Acts 1975, P.L.271, SEC.1. As amended by Acts 1981, P.L.222, SEC.152; P.L.247-1985, SEC.3; P.L.249-2019, SEC.97.
2023 Indiana Code › Title 25. Professions and Occupations › Article 22.5. Physicians › Chapter 2. Creation of Medical Licensing Board › 25-22.5-2-2. Meetings and Election of Officers; Quorum

Sec. 2. The board shall have regular meetings called upon the request of the president or a majority of the board for the transaction of business as may properly come before it under this article. At the first meeting of the board in each calendar year, the board shall organize by the election of a president and any other officers considered necessary by the board. Four (4) members of the board constitute a quorum. A majority of the quorum may transact business.
Formerly: Acts 1975, P.L.271, SEC.1. As amended by P.L.247-1985, SEC.4; P.L.152-1988, SEC.14.
2023 Indiana Code › Title 25. Professions and Occupations › Article 22.5. Physicians › Chapter 2. Creation of Medical Licensing Board › 25-22.5-2-3. Per Diem and Expenses

Sec. 3. Per Diem and Expenses. For their services, the members shall receive the per diem as is generally paid to similar boards and agencies of the state, and the traveling expenses necessarily incurred in their attendance upon the business of the board.
Formerly: Acts 1975, P.L.271, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 22.5. Physicians › Chapter 2. Creation of Medical Licensing Board › 25-22.5-2-4. Record Keeping

Sec. 4. The agency shall keep a record of all licenses, permits, and applications for licensure or permit. This record must contain all the facts set forth in the application, including the action of the board thereon.
Formerly: Acts 1975, P.L.271, SEC.1. As amended by Acts 1981, P.L.222, SEC.153; P.L.247-1985, SEC.5; P.L.1-2006, SEC.445.
2023 Indiana Code › Title 25. Professions and Occupations › Article 22.5. Physicians › Chapter 2. Creation of Medical Licensing Board › 25-22.5-2-5. Registration and Penalty Fees; Funds; Disposition; Expenses of Board

Sec. 5. Except for a penalty under section 8 of this chapter, the funds obtained from registration and penalty fees shall, upon receipt thereof, be accounted for and paid over by the agency to the treasurer of state and be placed in the general fund of the state. The expenses of the board shall be paid from the general fund upon appropriation being made therefor in the manner required by law for the making of such appropriations. The amount to be expended by the board shall not exceed the amount collected by the board from all sources.
Formerly: Acts 1975, P.L.271, SEC.1. As amended by P.L.247-1985, SEC.6; P.L.1-2006, SEC.446; P.L.149-2011, SEC.4; P.L.226-2011, SEC.20.
2023 Indiana Code › Title 25. Professions and Occupations › Article 22.5. Physicians › Chapter 2. Creation of Medical Licensing Board › 25-22.5-2-8. Implementation of Program to Investigate Violations; Penalties; Appeal; Report Certain Actions to National Practitioner Data Bank; Physician Compliance Fund

Sec. 8. (a) The board shall implement a program to investigate and assess a civil penalty of not more than one thousand dollars ($1,000) against a physician licensed under this article for the following violations:
(1) Licensure renewal fraud.
(2) Improper termination of a physician and patient relationship.
(3) Practicing with an expired medical license.
(4) Providing office based anesthesia without the proper accreditation.
(5) Failure to perform duties required for issuing birth or death certificates.
(6) Failure to disclose, or negligent omission of, documentation requested for licensure renewal.
(7) Failure to complete or timely transmit a pregnancy termination form under IC 16-34-2-5, with each failure constituting a separate violation.
(b) An individual who is investigated by the board and found by the board to have committed a violation specified in subsection (a) may appeal the determination made by the board in accordance with IC 4-21.5.
(c) In accordance with the federal Health Care Quality Improvement Act (42 U.S.C. 11132), the board shall report a disciplinary board action that is subject to reporting to the National Practitioner Data Bank. However, the board may not report board action against a physician for only an administrative penalty described in subsection (a). The board's action concerning disciplinary action or an administrative penalty described in subsection (a) shall be conducted at a hearing that is open to the public.
(d) The physician compliance fund is established to provide funds for administering and enforcing the investigation of violations specified in subsection (a). The fund shall be administered by the Indiana professional licensing agency.
(e) The expenses of administering the physician compliance fund shall be paid from the money in the fund. The fund consists of penalties collected through investigations and assessments by the board concerning violations specified in subsection (a). Money in the fund at the end of a state fiscal year does not revert to the state general fund.
As added by P.L.149-2011, SEC.5. Amended by P.L.154-2012, SEC.3; P.L.177-2015, SEC.47.
2023 Indiana Code › Title 25. Professions and Occupations › Article 22.5. Physicians › Chapter 2. Creation of Medical Licensing Board › 25-22.5-2-9. Administration of Anesthesia in a Dental Office; Attestation

Sec. 9. (a) Any rule adopted under section 7(a)(10) of this chapter that requires an office based setting to be accredited by an accreditation agency approved by the board shall not apply to an individual described in subsection (b) providing anesthesia in a dental office.
(b) The following may administer moderate sedation, deep sedation, or general anesthesia to a patient in a dental office if the standards described in subsection (c) are met:
(1) An anesthesiologist licensed under this article.
(2) A certified registered nurse anesthetist (as defined in IC 25-23-1-1.4) under the direction of and in the immediate presence of a physician.
(3) An anesthesiologist assistant practicing in compliance with IC 25-3.7-2-4.
(c) An anesthesiologist administering anesthesia or a physician directing or supervising the administration of anesthesia, as required by subsection (b)(2) and (b)(3), in a dental office shall do the following:
(1) Ensure that the standards required by rules adopted under section 7(a)(10) of this chapter concerning:
(A) procedures performed in office based settings;
(B) the operation of office based settings; and
(C) requirements for practitioners administering anesthesia in office based settings;
are met.
(2) Once every two (2) years, submit the following to the board in writing:
(A) The address of the dental office.
(B) An attestation that the standards required under this section have been met.
(d) A physician group practice, on behalf of the physicians in the group practice, may submit the attestation required by subsection (c)(2).
As added by P.L.106-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 22.5. Physicians › Chapter 3. Licensure Requirements › 25-22.5-3-1. Minimum Requirements

Sec. 1. (a) The minimum requirements for all applicants for an unlimited license to practice medicine or osteopathic medicine in Indiana must include but are not limited to the requirements prescribed by this section.
(b) The applicant must not have a conviction for a crime that has a direct bearing on the applicant's ability to practice competently.
(c) The applicant shall possess the degree of doctor of medicine or doctor of osteopathy or its equivalent from a medical school which was approved by the board as of the time the degree was conferred.
(d) The applicant shall have successfully passed the examination for licensure or shall have satisfied the requirements for licensure by endorsement as prescribed by the board.
(e) The applicant shall be physically and mentally capable of, and professionally competent to, safely engage in the practice of medicine or osteopathic medicine as determined by the board and shall submit:
(1) to an examination; or
(2) additional evidence to the board;
if considered necessary by the board to determine such capability. In making that determination, the board may consider any malpractice settlements or judgments against the applicant.
(f) The applicant shall not have had disciplinary action taken against the applicant or the applicant's license by the board or by the licensing agency of any other state or jurisdiction by reasons of the applicant's inability to safely practice medicine or osteopathic medicine and those reasons are still valid in the opinion of the board.
(g) The applicant shall have submitted a complete transcript of his educational records, grades, and diploma from his medical school with an English translation thereof.
(h) The applicant shall, at the board's discretion, make a personal appearance before it.
(i) The applicant shall have completed one (1) year of postgraduate training in a hospital or institution located in the United States, its possessions, or Canada that meets standards set by the board under IC 25-22.5-2-7.
Formerly: Acts 1975, P.L.271, SEC.1. As amended by Acts 1981, P.L.222, SEC.155; Acts 1982, P.L.113, SEC.56; P.L.247-1985, SEC.8; P.L.149-1987, SEC.51.
2023 Indiana Code › Title 25. Professions and Occupations › Article 22.5. Physicians › Chapter 3. Licensure Requirements › 25-22.5-3-2. Foreign Medical Graduates

Sec. 2. (a) In addition to meeting all the requirements of section 1 of this chapter except subsection (i), an applicant for licensure who:
(1) has been graduated from a medical school outside the United States, its possessions, or Canada; and
(2) submits evidence satisfactory to the board that prior to passing the examination the applicant has successfully completed a minimum of at least two (2) years of postgraduate training in a hospital or an institution located in the United States or Canada which meets the standards approved by the nationally recognized medical or osteopathic accrediting bodies in the United States, for the purpose of graduate training which is approved by the board;
is entitled to receive an unlimited license to practice medicine or osteopathic medicine.
(b) Notwithstanding subsection (a), the board may waive the second year of postgraduate training in the United States or Canada required of a graduate of a foreign medical school.
Formerly: Acts 1975, P.L.271, SEC.1. As amended by P.L.247-1985, SEC.9; P.L.156-1986, SEC.1; P.L.242-1995, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 22.5. Physicians › Chapter 4. Examinations › 25-22.5-4-1. Rules; Scope of Topics; Passing Score

Sec. 1. (a) The board shall:
(1) adopt rules concerning examinations; and
(2) prepare and give, or approve the preparation and giving of, an examination which covers those general subjects and topics, a knowledge of which is commonly and generally required, in the opinion of the board, to practice medicine or osteopathic medicine in Indiana.
(b) An applicant must achieve a passing score on the examination to qualify for licensure.
Formerly: Acts 1975, P.L.271, SEC.1. As amended by Acts 1982, P.L.113, SEC.57; P.L.247-1985, SEC.10; P.L.149-1987, SEC.52; P.L.180-2018, SEC.20.
2023 Indiana Code › Title 25. Professions and Occupations › Article 22.5. Physicians › Chapter 4. Examinations › 25-22.5-4-2. Procedure

Sec. 2. If any applicant fails to satisfactorily pass the examination for licensure, the applicant is entitled to take not more than two (2) subsequent examinations at other examination periods within nineteen (19) months from the date of the first examination upon the payment of an additional examination fee each time. The board may establish additional requirements under IC 25-22.5-2-7 for those applicants who, after having failed the examination three (3) or more times, wish to take another examination.
Formerly: Acts 1975, P.L.271, SEC.1. As amended by P.L.247-1985, SEC.11.
2023 Indiana Code › Title 25. Professions and Occupations › Article 22.5. Physicians › Chapter 5. Licenses and Permits › 25-22.5-5-1. Licenses With Examination

Sec. 1. Licenses with Examination. Any applicant who successfully passes the examination provided in chapter 4, and who meets all of the requirements of chapter 3, is entitled to be registered as a physician and to receive an unlimited license to practice medicine or osteopathic medicine.
Formerly: Acts 1975, P.L.271, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 22.5. Physicians › Chapter 5. Licenses and Permits › 25-22.5-5-2. Licenses Without Examination

Sec. 2. (a) The board in its discretion may register as a physician and may issue by endorsement an unlimited license to practice medicine or osteopathic medicine to any applicant who has:
(1) complied with the minimum requirements of IC 25-22.5-3; and
(2) passed an examination:
(A) for licensure in another state or territory of the United States, or Canada; or
(B) given by a recognized certifying agency approved by the board;
if that examination was, in the opinion of the board, equivalent in every respect to Indiana's examination at the time it was taken.
(b) The board may refuse to issue a license or may issue a probationary license to an applicant for licensure under this section if:
(1) the applicant has been disciplined by an administrative agency in another state or jurisdiction; and
(2) the board determines that the violation for which the applicant was disciplined has a direct bearing on the applicant's ability to practice competently as a physician in Indiana.
Formerly: Acts 1975, P.L.271, SEC.1. As amended by P.L.149-1987, SEC.53; P.L.33-1993, SEC.28.
2023 Indiana Code › Title 25. Professions and Occupations › Article 22.5. Physicians › Chapter 5. Licenses and Permits › 25-22.5-5-2.5. Unlimited and Probationary Licenses; Refusal to License; Removal of Limitation

Sec. 2.5. (a) The board may:
(1) refuse to issue a license;
(2) issue an unlimited license; or
(3) issue a probationary license to an applicant for licensure by examination or endorsement;
if the applicant has had a license revoked under this chapter and is applying for a new license after the expiration of the period prescribed by IC 25-1-9-12.
(b) Before making a determination under subsection (a), the board may require the applicant to engage in full-scale assessments, formal training programs, supervised practice arrangements, formal testing, or other proof of competence as provided under section 2.7 of this chapter.
(c) When issuing a probationary license under this section, the board may require the individual holding the license to perform any of the following acts as a condition for the issuance of a probationary license:
(1) Submit a regular report to the board concerning matters that are the basis of probation.
(2) Limit the practice of the individual to the areas prescribed by the board.
(3) Continue or renew the individual's professional education.
(4) Perform or refrain from performing acts, as the board considers appropriate to the public interest or the rehabilitation of the individual.
(5) Engage in community restitution or service without compensation for a number of hours specified by the board.
(6) Any combination of these conditions.
(d) If the board determines following a hearing that the deficiency requiring disciplinary action concerning the individual has been remedied, the board shall remove any limitation placed on the individual's license under subsection (c).
As added by P.L.152-1988, SEC.15. Amended by P.L.33-1993, SEC.29; P.L.32-2000, SEC.13; P.L.105-2008, SEC.40.
2023 Indiana Code › Title 25. Professions and Occupations › Article 22.5. Physicians › Chapter 5. Licenses and Permits › 25-22.5-5-3. Waiver of Requirements

Sec. 3. The board, in certain exceptional instances, may waive for limited licenses, temporary medical permits, or final licensure any of the provisions of this article, including fee requirements, if a complete evaluation by the board of the applicant's previous training, education, and practice determines them to equal or exceed the requirements of this article.
Formerly: Acts 1975, P.L.271, SEC.1. As amended by P.L.247-1985, SEC.12.
2023 Indiana Code › Title 25. Professions and Occupations › Article 22.5. Physicians › Chapter 5. Licenses and Permits › 25-22.5-5-4.5. Repealed

As added by P.L.184-2003, SEC.13. Amended by P.L.97-2004, SEC.94; P.L.1-2006, SEC.449. Repealed by P.L.177-2009, SEC.63.
2023 Indiana Code › Title 25. Professions and Occupations › Article 22.5. Physicians › Chapter 5. Licenses and Permits › 25-22.5-5-4.7. Legalization of Actions Taken Under Section 4.5 of This Chapter After June 30, 2008, and Before May 13, 2009

Sec. 4.7. Any action taken under section 4.5 of this chapter (before its repeal) after June 30, 2008, but before May 13, 2009, is legalized and validated.
As added by P.L.220-2011, SEC.407.
2023 Indiana Code › Title 25. Professions and Occupations › Article 22.5. Physicians › Chapter 5. Licenses and Permits › 25-22.5-5-5. Repealed

Formerly: Acts 1975, P.L.271, SEC.1. As amended by P.L.247-1985, SEC.14. Repealed by P.L.185-1993, SEC.15.