reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 25. Professions and Occupations › Article 35.6. Speech Pathologists and Audiologists › Chapter 2. Creation of Board › 25-35.6-2-3. Administrative Provisions

Sec. 3. (a) The board may utilize employees provided by the Indiana professional licensing agency as necessary.
(b) The board shall adopt a seal by which it shall authenticate its proceedings. Copies of the proceedings, records, and acts of the board, and certificates purporting to relate the facts concerning such proceedings, records, and acts, that are signed by the chairman or the executive secretary and authenticated by the seal, shall be prima facie evidence in all courts of this state.
(c) Under no circumstances shall the total amount of expenditures incurred by the board exceed the amount of the fees collected as provided in this chapter.
Formerly: Acts 1973, P.L.262, SEC.1. As amended by Acts 1981, P.L.222, SEC.269; P.L.250-1985, SEC.5; P.L.169-1985, SEC.96; P.L.149-1987, SEC.110; P.L.249-2019, SEC.136.
2023 Indiana Code › Title 25. Professions and Occupations › Article 35.6. Speech Pathologists and Audiologists › Chapter 2. Creation of Board › 25-35.6-2-4. Reimbursement for Expenses

Sec. 4. Each member of the board is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the department of administration and approved by the state budget agency.
Formerly: Acts 1973, P.L.262, SEC.1. As amended by P.L.250-1985, SEC.6.
2023 Indiana Code › Title 25. Professions and Occupations › Article 35.6. Speech Pathologists and Audiologists › Chapter 3. Regulation of Speech Pathologists and Audiologists › 25-35.6-3-1. Application for Examination

Sec. 1. (a) A person eligible for licensure under IC 25-35.6-1-5 and desirous of licensure shall make application for examination to the board at least thirty (30) days prior to the date of examination, upon a form and in such a manner as the board shall prescribe.
(b) Any application shall be accompanied by the fee prescribed by the board by rule.
(c) A person who fails an examination may make application for reexamination if the person again meets the requirements of subsections (a) and (b).
Formerly: Acts 1973, P.L.262, SEC.1. As amended by P.L.149-1987, SEC.111.
2023 Indiana Code › Title 25. Professions and Occupations › Article 35.6. Speech Pathologists and Audiologists › Chapter 3. Regulation of Speech Pathologists and Audiologists › 25-35.6-3-2. Examination for License

Sec. 2. (a) Each applicant for licensure under this article shall be examined in writing. Standards for acceptable performance shall be established by the board.
(b) Applicants for licensure shall be examined at a time and place and under such supervision as the board may determine. Examinations shall be given at such places within this state as the board may determine at least twice each year, and the board shall make public, in a manner it considers appropriate, notice of such examinations at least sixty (60) days prior to their administration, and shall have all individual examination applicants notified of the time and place of their administration.
(c) The board may examine in whatever theoretical or applied fields of speech-language pathology and audiology it considers appropriate and may examine with regard to a person's professional skills and judgment in the utilization of speech-language pathology or audiology techniques and methods.
(d) The board shall maintain a record of all examination scores.
Formerly: Acts 1973, P.L.262, SEC.1. As amended by Acts 1981, P.L.222, SEC.270; P.L.149-1987, SEC.112.
2023 Indiana Code › Title 25. Professions and Occupations › Article 35.6. Speech Pathologists and Audiologists › Chapter 3. Regulation of Speech Pathologists and Audiologists › 25-35.6-3-3. Waiver of Examination

Sec. 3. (a) The board shall issue a license in speech-language pathology or audiology to any applicant who:
(1) presents proof of:
(A) current licensure in speech-language pathology or audiology in another state, including the District of Columbia or a territory of the United States, under professional standards that the board considers to be at least equivalent to those set forth in this article at the time that the license was issued in the other state or territory; or
(B) practice as a speech-language pathologist or an audiologist under the authority and supervision of an agency of the federal government; and
(2) meets any other requirements that the board establishes by rule.
(b) The board may waive the examination and grant licensure to any person certified as clinically competent by a nationally recognized association for speech-language and hearing in the area for which such person is applying for licensure.
Formerly: Acts 1973, P.L.262, SEC.1. As amended by Acts 1982, P.L.154, SEC.123; P.L.250-1985, SEC.7; P.L.149-1987, SEC.113; P.L.212-2005, SEC.72.
2023 Indiana Code › Title 25. Professions and Occupations › Article 35.6. Speech Pathologists and Audiologists › Chapter 3. Regulation of Speech Pathologists and Audiologists › 25-35.6-3-3.5. Provisional License

Sec. 3.5. The board may issue a provisional license in audiology to an individual who meets the requirements that the board establishes by rule.
As added by P.L.212-2005, SEC.73.
2023 Indiana Code › Title 25. Professions and Occupations › Article 35.6. Speech Pathologists and Audiologists › Chapter 3. Regulation of Speech Pathologists and Audiologists › 25-35.6-3-4. Issuance of License

Sec. 4. (a) The board shall issue a license to any person who meets the requirements of this article and who pays to the board the initial license fee prescribed by the board by rule.
(b) A license issued under this article is valid until the next renewal date described under section 6 of this chapter.
Formerly: Acts 1973, P.L.262, SEC.1. As amended by P.L.149-1987, SEC.114; P.L.48-1991, SEC.70.
2023 Indiana Code › Title 25. Professions and Occupations › Article 35.6. Speech Pathologists and Audiologists › Chapter 3. Regulation of Speech Pathologists and Audiologists › 25-35.6-3-5. Repealed

Formerly: Acts 1973, P.L.262, SEC.1. As amended by Acts 1977, P.L.172, SEC.53. Repealed by Acts 1981, P.L.222, SEC.296.
2023 Indiana Code › Title 25. Professions and Occupations › Article 35.6. Speech Pathologists and Audiologists › Chapter 3. Regulation of Speech Pathologists and Audiologists › 25-35.6-3-5.1. Repealed

As added by Acts 1981, P.L.222, SEC.271. Amended by Acts 1982, P.L.113, SEC.85; P.L.250-1985, SEC.8; P.L.149-1987, SEC.115. Repealed by P.L.152-1988, SEC.30.
2023 Indiana Code › Title 25. Professions and Occupations › Article 35.6. Speech Pathologists and Audiologists › Chapter 3. Regulation of Speech Pathologists and Audiologists › 25-35.6-3-6. Renewal of License

Sec. 6. (a) Subject to IC 25-1-2-6(e), licenses issued under this article expire, if not renewed, on the date established by the licensing agency under IC 25-1-5-4.
(b) Every person licensed under this article shall pay a fee for renewal of the person's license before the date established by the licensing agency.
(c) If the holder of a license fails to renew the license on or before the date specified by the licensing agency, the license may be reinstated by the board if the holder of the license, not later than three (3) years after the expiration of the license, meets the requirements of IC 25-1-8-6(c).
(d) If a license has been expired for more than three (3) years, the license may be reinstated by the board if the holder meets the requirements for reinstatement under IC 25-1-8-6(d).
(e) A suspended license is subject to expiration and may be renewed or reinstated as provided in this section, but a renewal or reinstatement shall not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity, or in any other conduct or activity in violation of the order or judgment by which the license was suspended.
Formerly: Acts 1973, P.L.262, SEC.1. As amended by Acts 1981, P.L.222, SEC.272; P.L.250-1985, SEC.9; P.L.149-1987, SEC.116; P.L.48-1991, SEC.71; P.L.269-2001, SEC.31; P.L.105-2008, SEC.64; P.L.177-2015, SEC.76.
2023 Indiana Code › Title 25. Professions and Occupations › Article 35.6. Speech Pathologists and Audiologists › Chapter 3. Regulation of Speech Pathologists and Audiologists › 25-35.6-3-7. Fees

Sec. 7. Any fees required by this article shall be established by the board by rule and collected by the Indiana professional licensing agency under IC 25-1-8-2.
Formerly: Acts 1973, P.L.262, SEC.1. As amended by P.L.250-1985, SEC.10; P.L.149-1987, SEC.117; P.L.1-2006, SEC.481.
2023 Indiana Code › Title 25. Professions and Occupations › Article 35.6. Speech Pathologists and Audiologists › Chapter 3. Regulation of Speech Pathologists and Audiologists › 25-35.6-3-8. Repealed

Formerly: Acts 1973, P.L.262, SEC.1. As amended by Acts 1981, P.L.222, SEC.273. Repealed by P.L.250-1985, SEC.11.
2023 Indiana Code › Title 25. Professions and Occupations › Article 35.6. Speech Pathologists and Audiologists › Chapter 3. Regulation of Speech Pathologists and Audiologists › 25-35.6-3-8.1. Availability of License or Registration; Services Performed by Support Personnel

Sec. 8.1. (a) Each individual licensed under this article and each individual registered as a speech-language pathology aide, a speech-language pathology associate, or a speech-language pathology assistant shall make the license or registration, or an official duplicate of the license or registration, available when the individual practices speech-language pathology or audiology or provides support services.
(b) Before support personnel may provide services, the speech-language pathologist shall ensure that prior written notification is provided to the recipient of the services that services are to be provided in whole or in part by support personnel.
As added by P.L.212-2005, SEC.74.
2023 Indiana Code › Title 25. Professions and Occupations › Article 35.6. Speech Pathologists and Audiologists › Chapter 3. Regulation of Speech Pathologists and Audiologists › 25-35.6-3-9. Continuing Professional Education

Sec. 9. The board shall, by appropriate rule, provide for the continuing professional education of persons subject to this article.
Formerly: Acts 1973, P.L.262, SEC.1. As amended by P.L.149-1987, SEC.118.
2023 Indiana Code › Title 25. Professions and Occupations › Article 35.6. Speech Pathologists and Audiologists › Chapter 3. Regulation of Speech Pathologists and Audiologists › 25-35.6-3-10. Violations

Sec. 10. A person who violates this article commits a Class B misdemeanor.
Formerly: Acts 1973, P.L.262, SEC.1. As amended by Acts 1978, P.L.2, SEC.2560.
2023 Indiana Code › Title 25. Professions and Occupations › Article 35.6. Speech Pathologists and Audiologists › Chapter 4. Unlawful Practices › 25-35.6-4-1. Sale, Leasing, or Rental of Hearing AIDS to Be Done by Hearing Aid Dealer or Audiologist; Penalty

Sec. 1. (a) This section does not apply to a prescription or order by a person who:
(1) is licensed, certified, registered, or regulated by a board listed in IC 25-1-9-1; and
(2) has authority to issue a prescription or order for a hearing aid.
(b) A person may not sell, lease, or rent a hearing aid (as defined in IC 25-20-1-1) in Indiana unless the hearing aid has been fitted in person by any of the following:
(1) A hearing aid dealer who has been issued a certificate of registration under IC 25-20.
(2) An audiologist who is licensed under this article.
(c) A person who violates this section commits a Class B infraction.
As added by P.L.178-2014, SEC.4.
2023 Indiana Code › Title 25. Professions and Occupations › Article 35.6. Speech Pathologists and Audiologists › Chapter 5. Audiology and Speech-Language Pathology Interstate Compact › 25-35.6-5-1. Purpose

Sec. 1. The purpose of this compact is to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The practice of audiology and speech-language pathology occurs in the state where the patient/client/student is located at the time of the patient/client/student encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This compact is designed to achieve the following objectives:
(1) Increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses.
(2) Enhance the states' ability to protect the public's health and safety.
(3) Encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice.
(4) Support spouses of relocating active duty military personnel.
(5) Enhance the exchange of licensure, investigative, and disciplinary information between member states.
(6) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards.
(7) Allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services.
As added by P.L.149-2022, SEC.19.
2023 Indiana Code › Title 25. Professions and Occupations › Article 35.6. Speech Pathologists and Audiologists › Chapter 5. Audiology and Speech-Language Pathology Interstate Compact › 25-35.6-5-5. Telehealth

Sec. 5. (a) Member states shall recognize the right of an audiologist or speech-language pathologist, licensed by a home state in accordance with section 3 of this chapter and under rules promulgated by the commission, to practice audiology or speech-language pathology in any member state via telehealth under a privilege to practice as provided in the compact and rules promulgated by the commission.
(b) A licensee providing audiology or speech-language pathology services in a remote state under the compact shall function within the laws and regulations of the remote state.
As added by P.L.149-2022, SEC.19.
2023 Indiana Code › Title 25. Professions and Occupations › Article 35.6. Speech Pathologists and Audiologists › Chapter 5. Audiology and Speech-Language Pathology Interstate Compact › 25-35.6-5-6. Military Personnel and Spouses

Sec. 6. Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change their home state through application for licensure in the new state.
As added by P.L.149-2022, SEC.19.
2023 Indiana Code › Title 25. Professions and Occupations › Article 35.6. Speech Pathologists and Audiologists › Chapter 5. Audiology and Speech-Language Pathology Interstate Compact › 25-35.6-5-9. Data Base and Reporting System; Data Submission; Expungement

Sec. 9. (a) The commission shall provide for the development, maintenance, and utilization of a coordinated data base and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
(b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:
(1) identifying information;
(2) licensure data;
(3) adverse actions against a license or compact privilege;
(4) nonconfidential information related to alternative program participation;
(5) any denial of application for licensure, and the reason or reasons for denial; and
(6) other information that may facilitate the administration of this compact, as determined by the rules of the commission.
(c) Investigative information pertaining to a licensee in any member state shall only be available to other member states.
(d) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state shall be available to any other member state.
(e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
As added by P.L.149-2022, SEC.19.
2023 Indiana Code › Title 25. Professions and Occupations › Article 35.6. Speech Pathologists and Audiologists › Chapter 5. Audiology and Speech-Language Pathology Interstate Compact › 25-35.6-5-11. Dispute Resolution

Sec. 11. (a) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states.
(b) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.
(c) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
(d) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorney's fees.
(e) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
As added by P.L.149-2022, SEC.19.
2023 Indiana Code › Title 25. Professions and Occupations › Article 35.6. Speech Pathologists and Audiologists › Chapter 5. Audiology and Speech-Language Pathology Interstate Compact › 25-35.6-5-12. Effective Date of Compact; Withdraw; Amendment

Sec. 12. (a) The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
(b) Any state that joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
(c) Any member state may withdraw from this compact by enacting a statute repealing the same. The following apply to the withdrawal of a member state:
(1) A member state's withdrawal shall not take effect until six (6) months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's audiology or speech-language pathology licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(d) Nothing contained in this compact shall be construed to invalidate or prevent any audiology or speech-language pathology licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.
(e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
As added by P.L.149-2022, SEC.19.
2023 Indiana Code › Title 25. Professions and Occupations › Article 35.6. Speech Pathologists and Audiologists › Chapter 5. Audiology and Speech-Language Pathology Interstate Compact › 25-35.6-5-13. Construction and Severability

Sec. 13. This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
As added by P.L.149-2022, SEC.19.
2023 Indiana Code › Title 25. Professions and Occupations › Article 35.6. Speech Pathologists and Audiologists › Chapter 5. Audiology and Speech-Language Pathology Interstate Compact › 25-35.6-5-14. Binding Effect of Compact

Sec. 14. (a) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
(b) All laws in a member state in conflict with the compact are superseded to the extent of the conflict.
(c) All lawful actions of the commission, including all rules and bylaws promulgated by the commission, are binding upon the member states.
(d) All agreements between the commission and the member states are binding in accordance with their terms.
(e) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
As added by P.L.149-2022, SEC.19.
2023 Indiana Code › Title 25. Professions and Occupations › Article 36.1. Certified Surgical Technologists › Chapter 1. Penalty for Activity by Noncertified Individuals › 25-36.1-1-1. Certified Surgical Technologist

Sec. 1. An individual may not:
(1) profess to be a certified surgical technologist; or
(2) use the initials "CST" or any other words, letters, abbreviations, or insignia indicating or implying that the individual is a certified surgical technologist;
unless the individual holds and maintains the Certified Surgical Technologist Credential administered by the National Board of Surgical Technology and Surgical Assisting (NBSTSA).
As added by P.L.36-2007, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 36.1. Certified Surgical Technologists › Chapter 1. Penalty for Activity by Noncertified Individuals › 25-36.1-1-2. Violations

Sec. 2. An individual who knowingly, recklessly, or intentionally violates this chapter commits a Class B misdemeanor.
As added by P.L.36-2007, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 36.1. Certified Surgical Technologists › Chapter 2. Practicing Surgical Technology › 25-36.1-2-1. "Health Care Facility"

Sec. 1. As used in this chapter, "health care facility" means the following:
(1) A hospital that is licensed under IC 16-21-2.
(2) An ambulatory outpatient surgical center licensed under IC 16-21-2.
(3) A birthing center licensed under IC 16-21-2.
As added by P.L.97-2009, SEC.1. Amended by P.L.179-2022(ss), SEC.42.
2023 Indiana Code › Title 25. Professions and Occupations › Article 36.1. Certified Surgical Technologists › Chapter 2. Practicing Surgical Technology › 25-36.1-2-2. "Operating Room Circulator"

Sec. 2. As used in this chapter, "operating room circulator" means an individual who is:
(1) licensed as a registered nurse under IC 25-23;
(2) educated, trained, and experienced in perioperative nursing, as determined by the health care facility; and
(3) responsible for coordinating all nursing care, patient safety needs, and needs of the surgical team in the operating room during a surgical procedure.
As added by P.L.97-2009, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 36.1. Certified Surgical Technologists › Chapter 2. Practicing Surgical Technology › 25-36.1-2-3. "Surgical Technology"

Sec. 3. As used in this chapter, "surgical technology" means intraoperative surgical patient care that involves the following:
(1) Preparing the operating room for surgical procedures by:
(A) ensuring that surgical equipment is functioning properly and safely; and
(B) preparing sterile supplies, instruments, and equipment using sterile technique.
(2) Anticipating the needs of the surgical team based on knowledge of human anatomy and pathophysiology relating to the surgical patient and the patient's surgical procedure.
(3) Performing tasks in an operating room setting in the sterile field, including the following:
(A) Passing supplies, equipment, or instruments.
(B) Suctioning or sponging an operative site.
(C) Preparing and cutting suture material.
(D) Transferring and irrigating with fluids.
(E) Transferring, without administering, drugs within the sterile field.
(F) Handling specimens.
(G) Holding retractors.
(H) Assisting in counting sponges, needles, supplies, and instruments with an operating room circulator as allowed under section 6 of this chapter.
As added by P.L.97-2009, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 36.1. Certified Surgical Technologists › Chapter 2. Practicing Surgical Technology › 25-36.1-2-4. Licensed Practitioners Acting Within Scope of Practice Not Prohibited

Sec. 4. This chapter does not prohibit a licensed practitioner from performing surgical technology functions if the practitioner is acting within the scope of the practitioner's license.
As added by P.L.97-2009, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 36.1. Certified Surgical Technologists › Chapter 2. Practicing Surgical Technology › 25-36.1-2-5. Requirements to Practice Surgical Technology in a Health Care Facility

Sec. 5. (a) Except as provided in section 4 of this chapter, an individual may not practice surgical technology in a health care facility unless the individual meets one (1) of the following requirements:
(1) Is certified under IC 25-36.1-1.
(2) Has completed a surgical technology program provided by the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or the commissioned corps of the United States Public Health Service.
(3) Provides evidence to the health care facility that the individual was employed to practice surgical technology in a health care facility before July 1, 2009.
(4) Is performing duties related to the individual's employment by the federal government.
(5) Is practicing surgical technology during the twelve (12) month period immediately following the completion of a degree from an accredited school of surgical technology.
(6) Has the appropriate abilities, as determined by the health care facility.
(b) An individual who is:
(1) described in subsection (a)(1), (a)(2), or (a)(3); and
(2) practicing surgical technology in a health care facility;
annually shall complete fifteen (15) hours of continuing education concerning surgical technology in order to continue practicing surgical technology.
(c) An individual who wants to practice surgical technology in a health care facility is responsible for establishing to the satisfaction of the health care facility that the individual has complied with this section.
(d) An individual practicing surgical technology in a health care facility is responsible for immediately notifying in writing the governing body of the health care facility, or the governing body's designee, of any changes in the individual's compliance with this section.
(e) A health care facility shall maintain copies of any written documentation provided by the individual to the health care facility under subsection (c) or (d) to show compliance with this section.
(f) This chapter does not require a health care facility to permit an individual described in subsection (a) to perform surgical technology services at the health care facility.
As added by P.L.97-2009, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 36.1. Certified Surgical Technologists › Chapter 2. Practicing Surgical Technology › 25-36.1-2-6. Assistance to an Operating Room Circulator Requirements; Presence of Operating Room Circulator

Sec. 6. (a) An individual described in section 5(a) of this chapter may assist an operating room circulator in performing circulating duties if the individual:
(1) has the necessary education, training, and experience, as determined by the health care facility; and
(2) is:
(A) assigned to perform the tasks by the health care facility; and
(B) supervised;
by the operating room circulator.
(b) An operating room circulator that is being assisted by an individual described in section 5(a) of this chapter shall be present in the operating room for the duration of the surgical procedure. However, the operating room circulator may leave the operating room for short periods of time as prescribed by the health care facility's policies.
As added by P.L.97-2009, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 36.5. Timber Buyers › Chapter 1. Regulation of Timber Buyers by Department of Natural Resources › 25-36.5-1-1. Definitions

Sec. 1. As used in this chapter:
"Person" means an individual, partnership, firm, association, business trust, limited liability company, or corporation.
"Timber" means trees, standing or felled, and logs which can be used for sawing or processing into lumber for building or structural purposes or for the manufacture of any article. "Timber" does not include firewood, Christmas trees, fruit or ornamental trees, or wood products not used or to be used for building, structural, manufacturing, or processing purposes.
"Timber buyer" means a person engaged in the business of buying timber from timber growers for sawing into lumber, processing, or resale, but does not include a person who occasionally purchases timber for sawing or processing for his own use and not for resale.
"Timber grower" means the owner, tenant, or operator of land in this state who has an interest in, or is entitled to receive any part of the proceeds from, the sale of timber grown in this state and includes persons exercising lawful authority to sell timber for a timber grower.
"Department" means the department of natural resources.
"Director" means the director of the department of natural resources.
"Agent" means an individual who represents a timber buyer in effecting or attempting to effect purchases of timber.
"Buying" means acquiring an interest in property by the payment of a price, value, or other consideration.
Formerly: Acts 1972, P.L.190, SEC.1; Acts 1975, P.L.274, SEC.1. As amended by P.L.253-1983, SEC.1; P.L.158-1988, SEC.1; P.L.8-1993, SEC.397.
2023 Indiana Code › Title 25. Professions and Occupations › Article 36.5. Timber Buyers › Chapter 1. Regulation of Timber Buyers by Department of Natural Resources › 25-36.5-1-2. Application for Registration; Contents; Filing; Prior Registration

Sec. 2. (a) On and after July 28, 1972, no person shall engage in the business of timber buying in the state of Indiana without a registration certificate issued by the department. Application for Indiana registration to engage in the business of timber buying shall be filed with the department. Such application shall set forth the name of the applicant, its principal officers if the applicant is a corporation, its managers and members if the applicant is a limited liability company, or the partners if the applicant is a partnership, the location of any principal office or place of business of the applicant, the counties in this state from which the applicant proposes to engage in the business of timber buying and such additional information as the department by regulation may require.
(b) The application shall set forth the aggregate dollar amount paid to timber growers for timber purchased in this state during the applicant's last completed fiscal or calendar year. In the event the applicant has been engaged as a timber buyer for less than one (1) year, his application shall set forth the dollar amount paid to timber growers for the number of completed months during which the applicant has been so engaged. If the applicant has not been previously engaged in buying timber in this state, the application shall set forth the estimated aggregate dollar amount to be paid by the applicant to timber growers for timber to be purchased from them during the next succeeding year.
(c) The registrations of any persons registered as timber buyers under any prior law in this state shall remain valid until the expiration date of that certificate, unless suspended or revoked. After the expiration of such registrations, all persons engaged in the business of timber buying must be registered under this chapter.
Formerly: Acts 1972, P.L.190, SEC.1. As amended by Acts 1982, P.L.154, SEC.128; P.L.8-1993, SEC.398.
2023 Indiana Code › Title 25. Professions and Occupations › Article 36.5. Timber Buyers › Chapter 1. Regulation of Timber Buyers by Department of Natural Resources › 25-36.5-1-2.1. Purchasing Timber; Contracts in Writing

Sec. 2.1. (a) A contract to purchase timber must be in writing pursuant to:
(1) the Uniform Commercial Code (IC 26-1); and
(2) the rules adopted by the department.
(b) No person shall engage in the purchase of timber with a timber grower without a written contract as described in subsection (a).
(c) Each timber purchase without a written contract constitutes a separate and distinct violation under this chapter.
(d) Failure to have a written contract to purchase timber does not limit the remedies available to a timber grower under this chapter.
As added by P.L.141-2022, SEC.49.
2023 Indiana Code › Title 25. Professions and Occupations › Article 36.5. Timber Buyers › Chapter 1. Regulation of Timber Buyers by Department of Natural Resources › 25-36.5-1-3.1. Notice of Violation of Chapter or Rules

Sec. 3.1. The department may under IC 4-21.5-3-6 issue a notice of violation against a person who has violated this chapter or the rules adopted under this chapter. The notice of violation shall be issued to the registrant and the registrant's sureties stating in general terms:
(1) the nature of the violation; and
(2) that a proceeding seeking forfeiture of the bond may be commenced twenty (20) days after service of the notice on the registrant if at the end of that period the violation still remains and neither the registrant nor the surety has asked for judicial review of the notice.
As added by P.L.220-1993, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 36.5. Timber Buyers › Chapter 1. Regulation of Timber Buyers by Department of Natural Resources › 25-36.5-1-3.3. Bond or Security Forfeiture Proceeds; Overage and Shortage; Effect

Sec. 3.3. (a) If the amount realized by the department from a bond or security forfeited under section 3(g) of this chapter, after deducting expenses incurred by the department in converting the bond or security into money, is greater than the amount of the liability of the timber buyer as determined under this chapter, the department shall pay the excess to the timber buyer who furnished the bond or security.
(b) If the amount realized by the department from a bond or security forfeited under section 3(g) of this chapter, after deducting expenses incurred by the department in converting the bond or security into money, is less than the amount of liability of the timber buyer as determined under this chapter, the timber buyer's registration may be revoked.
As added by P.L.220-1993, SEC.4.
2023 Indiana Code › Title 25. Professions and Occupations › Article 36.5. Timber Buyers › Chapter 1. Regulation of Timber Buyers by Department of Natural Resources › 25-36.5-1-3.5. Cessation of Business; Requirements for Return of Deposit

Sec. 3.5. (a) A timber buyer who intends to cease doing business as a timber buyer in Indiana and who seeks the return of a deposit of cash or a certificate of deposit that the timber buyer submitted to the department under section 3(b) of this chapter must submit the following to the department:
(1) A written request for the return of the cash or certificate of deposit.
(2) An affidavit meeting the requirements set forth in subsection (b).
(b) To obtain the return of a deposit of cash or a certificate of deposit under this section, a timber buyer must execute an affidavit stating under the penalty for perjury set forth in IC 35-44.1-2-1 that the timber buyer:
(1) has ceased doing business as a timber buyer in Indiana;
(2) will not resume business as a timber buyer in Indiana after the date of the affidavit without filing a surety bond or submitting a new deposit of cash or certificate of deposit to the department;
(3) has not purchased, taken, or cut any timber for which the timber grower has not been paid; and
(4) is not a party to an executory contract for the purchase of timber under which the timber buyer has one (1) or more duties that have not been performed.
(c) Upon receiving a written request described in subsection (a)(1) and an affidavit meeting the requirements of subsection (b), the department shall publish a notice of the request in at least one (1) publication commonly read by persons active in forestry in Indiana. The notice must do the following:
(1) Identify the timber buyer requesting the release of the cash or certificate of deposit.
(2) Indicate the date of the request.
(3) State that the cash or certificate of deposit will be released to the timber buyer on a particular date, which must be at least sixty (60) days after the date of publication of the notice, unless the department is informed of a reason why the cash or certificate of deposit should not be released.
(d) On the date set forth under subsection (c)(3) in the notice given by the department, the department shall return the cash or certificate of deposit to the timber buyer unless the department has obtained information indicating that a statement set forth in the timber buyer's affidavit is false.
As added by P.L.220-1993, SEC.5. Amended by P.L.126-2012, SEC.41.
2023 Indiana Code › Title 25. Professions and Occupations › Article 36.5. Timber Buyers › Chapter 1. Regulation of Timber Buyers by Department of Natural Resources › 25-36.5-1-4. Violations

Sec. 4. The following shall be unlawful and a violation of this chapter:
(a) For any timber buyer to fail to pay, as agreed, for any timber purchased.
(b) For any timber buyer to cut or cause to be cut or appropriate any timber not purchased.
(c) For a timber buyer to willfully make any false statement in connection with the application, bond or other information required to be given to the department or a timber grower.
(d) For a timber buyer to fail to honestly account to the timber grower or the department for timber purchased or cut if the buyer is under a duty to do so.
(e) For a timber buyer to commit any fraudulent act in connection with the purchase or cutting of timber.
(f) For a timber buyer to violate a provision of this chapter or a rule of the department adopted under this chapter.
Formerly: Acts 1972, P.L.190, SEC.1. As amended by P.L.141-2022, SEC.51.
2023 Indiana Code › Title 25. Professions and Occupations › Article 36.5. Timber Buyers › Chapter 1. Regulation of Timber Buyers by Department of Natural Resources › 25-36.5-1-4.9. Refusal to Issue Timber Buyer Registration Certificate; Grounds

Sec. 4.9. The director may refuse to issue a timber buyer registration certificate to an applicant that has:
(1) been convicted of a felony;
(2) violated a provision of this chapter;
(3) violated a rule adopted by the department under this chapter; or
(4) an active or pending suspension of a timber buyer license under section 16 of this chapter.
As added by P.L.220-1993, SEC.6. Amended by P.L.141-2022, SEC.52.
2023 Indiana Code › Title 25. Professions and Occupations › Article 36.5. Timber Buyers › Chapter 1. Regulation of Timber Buyers by Department of Natural Resources › 25-36.5-1-6. Issuance of Registration Certificates; Renewal

Sec. 6. (a) If:
(1) the department is satisfied that the applicant has fulfilled the requirements of this chapter for the issuance of a registration certificate;
(2) the bond and sureties or bank certificate of deposit filed by the applicant under section 3 of this chapter is approved; and
(3) the director does not refuse to issue the registration certificate to the applicant under section 4.9 of this chapter;
the department shall issue a registration certificate to the applicant.
(b) The registrations issued shall be valid for a calendar year and may be renewed annually. A copy of the registration certificate issued by the department shall be posted in the principal office of the registrant in this state.
(c) Upon request for a certificate and payment of the fee, the department shall issue to the registrant a certificate that a certificate of registration has been granted and a bond filed as required by this chapter.
Formerly: Acts 1972, P.L.190, SEC.1. As amended by P.L.220-1993, SEC.7.
2023 Indiana Code › Title 25. Professions and Occupations › Article 36.5. Timber Buyers › Chapter 1. Regulation of Timber Buyers by Department of Natural Resources › 25-36.5-1-7. Fees; Use by Department

Sec. 7. The application fee or renewal fee for a registration certificate to operate as a timber buyer, is one hundred thirty dollars ($130). The fee for a certificate stating that a registration certificate has been issued and security filed is twenty dollars ($20). All fees collected by the department accrue to the use of the department for its administrative purposes.
Formerly: Acts 1972, P.L.190, SEC.1. As amended by Acts 1981, P.L.230, SEC.1; P.L.158-1988, SEC.3; P.L.186-2003, SEC.79; P.L.111-2016, SEC.42.
2023 Indiana Code › Title 25. Professions and Occupations › Article 36.5. Timber Buyers › Chapter 1. Regulation of Timber Buyers by Department of Natural Resources › 25-36.5-1-8. Inspection of Premises, Records, and Papers

Sec. 8. (a) The department may inspect the premises used by any timber buyer in the conduct of the timber buyer's business at any reasonable time and the books, accounts, records and papers of every such timber buyer shall at all times during business hours be subject to inspection by the department.
(b) A timber buyer shall keep complete and accurate records and accounts for each transaction. The timber buyer shall retain records and accounts for not less than five (5) years after a transaction.
(c) The information obtained under this section is exempt under IC 5-14-3-4(a)(1). Unless otherwise required by judicial order, the information obtained under this section may be disclosed only as follows:
(1) All of the information may be disclosed to the director or the director's designee.
(2) If a timber buyer had transactions with a particular timber grower, information about those transactions may be disclosed to that timber grower.
Formerly: Acts 1972, P.L.190, SEC.1. As amended by P.L.141-2022, SEC.53; P.L.191-2023, SEC.15.
2023 Indiana Code › Title 25. Professions and Occupations › Article 36.5. Timber Buyers › Chapter 1. Regulation of Timber Buyers by Department of Natural Resources › 25-36.5-1-9. Rules and Regulations

Sec. 9. The department may make such rules and regulations as may be necessary to carry out the provisions of this chapter.
Formerly: Acts 1972, P.L.190, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 36.5. Timber Buyers › Chapter 1. Regulation of Timber Buyers by Department of Natural Resources › 25-36.5-1-10. Violations

Sec. 10. A person who:
(1) engages in business as a timber buyer without securing a registration or in violation of this chapter; or
(2) refuses to permit inspection of the person's premises, books, accounts, or records as provided in this chapter;
commits a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction for an offense under this section.
Formerly: Acts 1972, P.L.190, SEC.1. As amended by Acts 1978, P.L.2, SEC.2563; P.L.98-2001, SEC.4; P.L.158-2013, SEC.292.
2023 Indiana Code › Title 25. Professions and Occupations › Article 36.5. Timber Buyers › Chapter 1. Regulation of Timber Buyers by Department of Natural Resources › 25-36.5-1-11. Denial of Registration for Default

Sec. 11. No certificate of registration shall be issued to any person who is in default to the people of the State of Indiana for moneys due under this chapter.
Formerly: Acts 1972, P.L.190, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 36.5. Timber Buyers › Chapter 1. Regulation of Timber Buyers by Department of Natural Resources › 25-36.5-1-12. Revocation of License; Proceedings

Sec. 12. The department may, after notice and a hearing, revoke the registration certificate or license of any person who violates any of the provisions of this chapter. All proceedings under this chapter to revoke a license shall be conducted in the manner prescribed by IC 4-21.5-3.
Formerly: Acts 1972, P.L.190, SEC.1. As amended by P.L.253-1983, SEC.3; P.L.7-1987, SEC.132.
2023 Indiana Code › Title 25. Professions and Occupations › Article 36.5. Timber Buyers › Chapter 1. Regulation of Timber Buyers by Department of Natural Resources › 25-36.5-1-13. Injunction; Contempt Proceedings

Sec. 13. The department may, by application to any circuit court, superior court, or probate court, or to a judge thereof, obtain an injunction restraining any person who engages in the business of timber buying in this state without a certificate of registration (either because the person's certificate has been revoked or because of a failure to obtain a certificate of registration in the first instance) from engaging in such business until such person complies with this chapter and qualifies for and obtains a certificate of registration. Upon refusal or neglect to obey the order of the court or judge, said court or judge may compel obedience thereof by proceedings for contempt.
Formerly: Acts 1972, P.L.190, SEC.1. As amended by P.L.84-2016, SEC.114.
2023 Indiana Code › Title 25. Professions and Occupations › Article 36.5. Timber Buyers › Chapter 1. Regulation of Timber Buyers by Department of Natural Resources › 25-36.5-1-13.5. Civil Penalties

Sec. 13.5. In addition to the other penalties prescribed by this chapter, the director may, under IC 4-21.5, impose a civil penalty on a person who violates this chapter. A civil penalty imposed under this section may not exceed the following limits:
(1) For engaging in business as a timber buyer without securing a registration certificate under this chapter, ten thousand dollars ($10,000).
(2) For acting as the agent of a timber buyer without holding an agent's license under this chapter, ten thousand dollars ($10,000).
(3) For other violations of this chapter, one thousand dollars ($1,000).
As added by P.L.220-1993, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 36.5. Timber Buyers › Chapter 1. Regulation of Timber Buyers by Department of Natural Resources › 25-36.5-1-14. Judicial Review

Sec. 14. All final administrative decisions under this chapter shall be subject to judicial review under IC 4-21.5-5.
Formerly: Acts 1972, P.L.190, SEC.1. As amended by P.L.7-1987, SEC.133.