reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 4 - Marriage and Family Therapists › Section 4-3.3 - Examination requirements for marriage and family therapist and marriage and family therapist associate

Current through July 10, 2024
Authority: IC 25-23.6-2-8
Affected: IC 25-23.6-8-3
Sec. 3.3.
(a) An
				applicant for licensure by examination as a marriage and family therapist or
				marriage and family therapist associate, approved by the board to sit for the
				examination, shall sit for that examination within one (1) year from the date
				of the initial board approval. If the examination applicant has not taken the
				examination within one (1) year from the date of the initial board approval,
				the initial board approval will be invalid and the applicant must file a new
				application.
(b) The board will
				notify the applicant in writing of examination results.
(c) Applicants determined by the board to
				have failed the examination, who wish to retake the examination, shall submit a
				repeat examination application, fees, and other requirements as stated in
				839 IAC 1-2-1.
(d) Applicants who fail the examination three
				(3) times may be required to personally appear before the board prior to
				retaking the examination.
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 4 - Marriage and Family Therapists › Section 4-4 - Standards for the competent practice of marriage and family therapy

Current through July 10, 2024
Authority: IC  25-23.6-2-8
Affected: IC 25-23.6
Sec. 4.
(a) Marriage and family therapists shall not exploit the trust and dependency of clients. Marriage and family therapists shall avoid dual relationships with clients that could impair their professional judgment or increase the risk of exploitation. Examples of such dual relationships include, but are not limited to, business or close personal relationships with clients.
(b) Marriage and family therapists shall respect the right of clients to make decisions and help them to understand the consequences of these decisions. Marriage and family therapists shall clearly advise a client that a decision on marital status is the responsibility of the client.
(c) Marriage and family therapists shall continue therapeutic relationships only so long as it is reasonably clear that clients are benefiting from the relationship.
(d) Marriage and family therapists shall not abandon or neglect clients in treatment without making reasonable arrangements for the continuation of such treatment.
(e) Marriage and family therapists may use client and/or clinical materials in teaching, writing, and public presentations only if a written waiver has been received from the client or when appropriate steps have been taken to protect client identity.
(f) Marriage and family therapists shall store or dispose of client records in ways that maintain confidentiality.
(g) Marriage and family therapists shall seek to remain abreast of new developments in family therapy knowledge and practices through both educational activities and clinical experiences.
(h) Marriage and family therapists shall not attempt to diagnose, treat, or advise on problems outside their competence.
(i) Marriage and family therapists shall not offer or accept payment for referrals.
(j) Marriage and family therapists shall disclose the marriage and family therapist's fee structure to clients at the onset of treatment.
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 4 - Marriage and Family Therapists › Section 4-5 - Supervision for marriage and family therapist licensure applicants

Current through July 10, 2024
Authority: IC
				  25-23.6-2-8
Affected: IC
				  25-23.6-8-2.5; IC
				  25-23.6-8-2.7
Sec. 5.
(a) As used
				in IC 25-23.6-8-2.5, "qualified
				supervisor" means any of the following:
(1) An
				American Association for Marriage and Family Therapy approved
				supervisor.
(2) An American
				Association for Marriage and Family Therapy supervisor candidate.
(3) A supervisor who has demonstrated to the
				marriage and family therapy section of the board possession of a master's
				degree or higher in the mental health field, training and supervision in
				marriage and family therapy that focused on family systems, and completion of
				at least thirty (30) clock hours in marriage and family therapy supervision
				training.
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 4 - Marriage and Family Therapists › Section 4-6 - Temporary permits for marriage and family therapists

Current through July 10, 2024
Authority: IC 25-23.6-2-8
Affected: IC 25-23.6-8-10
Sec. 6.
(a) As used
				in IC 25-23.6-8-10, "the date the board disapproves the individual's license
				application" means the date an applicant for licensure receives notice of:
(1) failure of the required examination;
				or
(2) denial of the individual's
				license application.
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 4 - Marriage and Family Therapists › Section 4-7 - Examination exemption for marriage and family therapists

Current through July 10, 2024
Authority: IC  25-23.6-2-8
Affected: IC  25-23.6-8-13
Sec. 7.
An examination shall be considered to be substantially equivalent, as used in IC  25-23.6-8-13, if:
(1) the examination is the same examination used by the board; or
(2) the board, after reviewing the examination, finds it comparable to the examination used by the board.
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 5 - Mental Health Counselors › Section 5-1 - Educational requirements for mental health counselors and mental health counselor associates

Current through July 10, 2024
Authority: IC
				  25-23.6-2-8
Affected: IC 25-23.6-8.5
Sec. 1.
(a) As used
				in IC
				25-23.6-8.5-1,
				"master's degree in an area related to mental health counseling" means a degree
				earned in one (1) of the following programs:
(1) Clinical social work.
(2) Psychology.
(3) Human services.
(4) Human development.
(5) Family relations.
(6) Counseling.
(7) Programs accredited by the Council for
				Accreditation of Counseling and Related Education Programs (CACREP) or the
				Council on Rehabilitation Education (CORE).
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 5 - Mental Health Counselors › Section 5-1.5 - Experience requirements for mental health counselors

Current through July 10, 2024
Authority: IC
				  25-23.6-2-8
Affected: IC
				  25-23.6-8.5-4
Sec. 1.5.
(a) As
				used in IC
				25-23.6-8.5-4,
				"three thousand (3,000) hours of postgraduate clinical experience over a two
				(2) year period" means experience under approved supervision, acquired over no
				less than twenty-one (21) months and over no more than forty-eight (48) months,
				any time subsequent to the date certified by the degree-granting institution as
				that on which all requirements for the master's degree have been completed. The
				doctoral student may continue to accrue hours for this clinical experience
				requirement once the doctoral internship has been completed.
(b) As used in IC
				25-23.6-8.5-4,
				"equivalent supervisor" means an individual who is supervising within their
				scope of experience and training and is any of the following:
(1) Licensed as a clinical social
				worker.
(2) Licensed as a marriage
				and family therapist.
(3) Licensed
				as a physician who has training in psychiatric medicine.
(4) Licensed as a psychologist.
(5) Licensed as a clinical nurse specialist
				in psychiatric or mental health nursing.
(6) A mental health professional of
				equivalent status if the supervision was provided in a state where no
				regulation exists.
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 5 - Mental Health Counselors › Section 5-2 - Examination requirements for mental health counselors and mental health counselor associates

Current through July 10, 2024
Authority: IC 25-23.6-2-8
Affected: IC 25-23.6-8.5-5
Sec. 2.
(a) An
				applicant for licensure by examination as a mental health counselor or mental
				health counselor associate, approved by the board to sit for the examination,
				shall sit for that examination within one (1) year from the date of the initial
				board approval. If the exam applicant has not taken the examination within one
				(1) year from the date of the initial board approval, the initial board
				approval will be invalid and the applicant must file a new
				application.
(b) The board will
				notify the applicant in writing of examination results.
(c) Applicants determined by the board to
				have failed the examination, who wish to retake the examination, shall submit a
				repeat examination application, fees, and other requirements as stated in
				839 IAC
				1-2-1.
(d)
				Applicants who fail the examination three (3) times shall personally appear
				before the board prior to retaking the examination.
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 5 - Mental Health Counselors › Section 5-3 - Temporary permits for mental health counselors

Current through July 10, 2024
Authority: IC
				  25-23.6-2-8
Affected: IC
				  25-23.6-8.5-10
Sec. 3.
(a) As used
				in IC
				25-23.6-8.5-10,
				"the date the board disapproves the individual's license application" means the
				date an applicant for licensure receives notice of:
(1) failure of the required examination;
				or
(2) denial of the individual's
				license application.
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 5 - Mental Health Counselors › Section 5-4 - Exemption from examination for mental health counselors

Current through July 10, 2024
Authority: IC
				  25-23.6-2-8
Affected: IC
				  25-23.6-8.5-12
Sec. 4.
(a) As used
				in IC
				25-23.6-8.5-12,
				"exempted by the board from the examination requirement" means the board will
				not grant blanket reciprocity to applicants for licensure as a mental health
				counselor under this section. Minimum standards for licensure set by the other
				state at the time the applicant's mental health counselor licensure was granted
				in that state will be compared for equivalency with the minimum standards for
				Indiana licensure. The board will review each applicant for licensure as a
				mental health counselor by examination exemption on an individual
				basis.
(b) As used in IC
				25-23.6-8.5-12,
				"engaged in the practice of mental health counseling" means the applicant has
				worked at least five (5) hours per week, averaged over the entire time the
				applicant has been in practice, with no more than a one (1) year's absence from
				the practice of mental health counseling, except the following:
(1) If the applicant has more than one (1)
				year's absence from practice of mental health counseling, the board will review
				the reason for such absence on an individual basis.
(2) If the applicant has taught mental health
				counseling, the applicant may count the hours spent teaching as hours of active
				practice of mental health counseling, provided such teaching was in courses in
				the same or similar field of mental health counseling as the competency area
				claimed by the applicant. Teaching shall include time spent in preparation, in
				meeting with students, and in related activities. Teaching of mental health
				counseling shall not count for more than seventy percent (70%) of the number of
				active practice hours claimed by the applicant.
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 5.5 - Addiction Counselors; Clinical Addiction Counselors › Section 5.5-1 - Educational requirements for addiction counselors

Current through July 10, 2024
Authority: IC
				  25-23.6-2-8
Affected: IC 25-23.6-10.5
Sec. 1.
(a) As used
				in IC
				25-23.6-10.5-1,
				"a baccalaureate degree in addiction counseling or in a related area" means a
				degree earned in one (1) of the following:
(1)
				Addiction studies
(2) Chemical
				dependency.
(3) Social
				work.
(4) Psychology.
(5) Human services.
(6) Human development.
(7) Family relations.
(8) Counseling.
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 5.5 - Addiction Counselors; Clinical Addiction Counselors › Section 5.5-2 - Experience requirements for addiction counselors

Current through July 10, 2024
Authority: IC
				  25-23.6-2-8
Affected: IC
				  25-23.6-10.5-7
Sec. 2.
(a) As used
				in IC
				25-23.6-10.5-7,
				"two (2) years of addiction counseling experience that must include at least
				one hundred fifty (150) hours under supervision" means experience under
				approved supervision, acquired over not less than twenty-one (21) months and
				over not more than forty-eight (48) months, at any time subsequent to the date
				certified by the degree-granting institution as that on which all requirements
				for the baccalaureate degree have been completed. A doctoral student may accrue
				hours for this addiction counseling experience requirement during a doctoral
				internship.
(b) As used in IC
				25-23.6-10.5-7,
				"qualified supervisor" means an individual who is supervising within his or her
				scope of experience and training and holds an active license at the time of
				supervision as:
(1) a clinical addiction
				counselor;
(2) a clinical social
				worker;
(3) a marriage and family
				therapist;
(4) a physician with
				training in psychiatric medicine;
(5) a psychologist;
(6) a clinical nurse specialist in
				psychiatric or mental health nursing; or
(7) another state-regulated addiction
				counseling professional or, if the experience was gained in a state where no
				regulation exists, by an addictions or behavioral health professional of
				equivalent status; who has at least three (3) years of experience in providing
				addiction services.
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 5.5 - Addiction Counselors; Clinical Addiction Counselors › Section 5.5-3 - Educational requirements for clinical addiction counselors

Current through July 10, 2024
Authority: IC
				  25-23.6-2-8
Affected: IC 25-23.6-10.5
Sec. 3.
(a) As used
				in IC
				25-23.6-10.5-2,
				"master's degree or doctor's degree in addiction counseling, addiction therapy,
				or a related area" means a degree earned in one (1) of the following programs:
(1) Addiction studies.
(2) Chemical dependency.
(3) Social work.
(4) Psychology.
(5) Human services.
(6) Human development.
(7) Family relations.
(8) Counseling.
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 5.5 - Addiction Counselors; Clinical Addiction Counselors › Section 5.5-4 - Experience requirements for clinical addiction counselors

Current through July 10, 2024
Authority: IC
				  25-23.6-2-8
Affected: IC
				  25-23.6-10.5-8
Sec. 4.
(a) As used
				in IC
				25-23.6-10.5-8,
				"two (2) years of clinical addiction counseling experience" means experience
				under qualified supervision, acquired over not less than twenty-one (21) months
				and over not more than forty-eight (48) months, any time subsequent to the date
				certified by the degree-granting institution as that on which all requirements
				for the master's degree have been completed. A doctoral student may continue to
				accrue hours for this clinical addiction counseling experience requirement once
				the doctoral internship has been completed.
(b) As used in IC
				25-23.6-10.5-8,
				"qualified supervisor" means an individual who is supervising within his or her
				scope of experience and training and holds an active license at the time of
				supervision as:
(1) a clinical addiction
				counselor;
(2) a clinical social
				worker;
(3) a marriage and family
				therapist;
(4) a physician who has
				training in psychiatric medicine;
(5) a psychologist;
(6) a clinical nurse specialist in
				psychiatric or mental health nursing; or
(7) another state-regulated addiction
				counseling professional or, if the experience was gained in a state where no
				regulation exists, by an addictions or behavioral health professional of
				equivalent status; with at least five (5) years of experience in addictions
				counseling.
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 5.5 - Addiction Counselors; Clinical Addiction Counselors › Section 5.5-5 - Examination requirements for addiction counselors and clinical addiction counselors

Current through July 10, 2024
Authority: IC 25-23.6-2-8
Affected: IC 25-23.6-10.5-9
Sec. 5.
(a) An
				applicant for licensure by examination as an addiction counselor or a clinical
				addiction counselor, approved by the board to sit for the examination, shall
				sit for that examination within one (1) year from the date of the initial board
				approval. If the exam applicant has not taken the examination within one (1)
				year from the date of the initial board approval, the initial board approval
				will be invalid and the applicant must file a new application.
(b) An applicant who fails the examination
				and wishes to retake the examination shall submit a new application and must
				meet all other requirements provided in
				839 IAC
				1-2-1.
(c)
				An applicant who fails the examination three (3) times shall personally appear
				before the board prior to retaking the examination. Following the personal
				appearance, the board may approve, deny, or table the applicant's request to
				sit for the examination.
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 5.5 - Addiction Counselors; Clinical Addiction Counselors › Section 5.5-6 - Temporary permits for addiction counselors and clinical addiction counselors

Current through July 10, 2024
Authority: IC
				  25-23.6-2-8
Affected: IC
				  25-23.6-10.5-10
Sec. 6.
(a) As used
				in IC
				25-23.6-10.5-10,
				"the date the board disapproves the individual's license application" means the
				date an applicant for licensure receives notice of:
(1) failure of the required examination;
				or
(2) denial of the individual's
				license application.
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 5.5 - Addiction Counselors; Clinical Addiction Counselors › Section 5.5-7 - Exemption from examination for addiction counselors and clinical addiction counselors

Current through July 10, 2024
Authority: IC
				  25-23.6-2-8
Affected: IC
				  25-23.6-10.5-11
Sec. 7.
(a) As used
				in IC
				25-23.6-10.5-11,
				"engaged in the practice of addiction counseling" means an applicant has worked
				at least five (5) hours per week, averaged over the entire time the applicant
				has been in practice.
(b) If an
				applicant has taught addiction counseling, the applicant may count the hours
				spent teaching as hours of active practice of addiction counseling, provided
				such teaching was in courses in the field of addiction counseling. Teaching
				shall include time spent in preparation, in meeting with students, and in
				related activities. Teaching of addiction counseling shall not count for more
				than seventy percent (70%) of the number of active practice hours claimed by an
				applicant.
(c) An examination shall
				be considered to be substantially equivalent, as used in IC
				25-23.6-10.5-11,
				if the examination is either the same examination used by the board or an
				examination that tested the clinical skills and knowledge of the applicant. The
				board will review all examinations other than the one used by the board to
				determine equivalency.
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 5.5 - Addiction Counselors; Clinical Addiction Counselors › Section 5.5-8 - Standards for the competent practice of addiction and clinical addiction counseling

Current through July 10, 2024
Authority: IC
				  25-23.6-2-8
Affected: IC 25-23.6
Sec. 8.
The LAC and LCAC must comply with IC 25-23.6 governing the
				  practice of addiction and clinical addiction counseling, IC 25-1-9 governing
				  health professions standards of practice, and shall abide by the following
				  standards:
(1) An addiction counselor
				or a clinical addiction counselor shall not exploit the trust and dependency of
				clients. Addiction counselors and clinical addiction counselors shall avoid
				dual relationships with clients that could impair their professional judgment
				or increase the risk of exploitation. Examples of such dual relationships
				include, but are not limited to, business, close personal, and intimate
				relationships.
(2) An addiction
				counselor or a clinical addiction counselor shall not undertake any
				professional activity that the addiction counselor or clinical addiction
				counselor is not qualified by education, training, experience, and scope of
				practice to undertake.
(3) An
				addiction counselor or a clinical addiction counselor's primary professional
				responsibility is to the client. An addiction counselor or a clinical addiction
				counselor shall make every reasonable effort to advance the welfare and best
				interests of the client, including respecting the rights of those persons
				seeking assistance and making reasonable efforts to ensure that the addiction
				counselor or a clinical addiction counselor's services are used
				appropriately.
(4) An addiction
				counselor or a clinical addiction counselor shall act in accordance with the
				highest standards of professional integrity and competence. An addiction
				counselor or a clinical addiction counselor is honest in dealing with clients,
				students, trainees, colleagues, and the public. An addiction counselor or a
				clinical addiction counselor seeks to eliminate incompetence or dishonesty from
				the profession.
(5) An addiction
				counselor or a clinical addiction counselor holds in confidence information
				obtained in the course of professional service. An addiction counselor or a
				clinical addiction counselor safeguards client confidences as permitted by
				law.
(6) An addiction counselor or
				a clinical addiction counselor respects the rights and responsibilities of
				professional colleagues and, as the employee of an organization, remains
				accountable as an individual to the ethical principles of the profession. An
				addiction counselor or a clinical addiction counselor:
(A) treats colleagues with respect and good
				faith; and
(B) relates to the
				clients of colleagues with full professional consideration.
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 6 - Continuing Education › Section 6-1 - Continuing education

Current through July 10, 2024
Authority: IC
				  25-23.6-2-8
Affected: IC 25-23.6
Sec. 1.
(a) As used
				in IC 25-23.6, "continuing education" means education provided by
				board-approved providers that is obtained by a licensee in order to maintain,
				improve, or expand the licensee's skills and knowledge. As used in this rule,
				"CEU" means one (1) continuing education hour.
(b) Continuing education shall be comprised
				of two (2) categories, Category I and Category II. The licensee:
(1) shall obtain a minimum of fifty percent
				(50%) of the required amount of CEUs for renewal from Category I; and
(2) may obtain a maximum of fifty percent
				(50%) of the required amount of CEUs for renewal from Category II.
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 6 - Continuing Education › Section 6-2 - Approval of continuing education programs

Current through July 10, 2024
Authority: IC
				  25-23.6-2-8
Affected: IC 25-23.6
Sec. 2.
(a) The
				following criteria shall be used for the approval of providers of continuing
				education programs for LSWs, LCSWs, LMFTs, LMFTAs, LMHCs, LMHCAs, LACs, and
				LCACs:
(1) The continuing education program
				shall have a statement of objectives, which the program should achieve for its
				participants relating to and enhancing the licensee's practice.
(2) The sponsor of a continuing education
				program shall provide the following:
(A)
				Adequate administration, including a responsible person to coordinate and
				administer the program.
(B)
				Maintenance of proper records.
(3) Sponsors of a continuing education
				program shall provide adequate funding for the educational program
				undertaken.
(4) The curriculum of a
				continuing education program shall be thoughtfully planned and designed to
				explore in considerable depth:
(A) one (1)
				subject; or
(B) a closely related
				group of subjects related to the licensee's practice.
(5) The continuing education program shall:
(A) have qualified faculty members with
				demonstrated competence in the subject areas; and
(B) be held in adequate facilities that allow
				for an effective program.
(6) Continuing education programs may employ
				a variety of educational methods and teaching aids that enhance the learning
				opportunities.
(7) Appropriate
				methods of evaluation shall be devised and used to measure the continuing
				education program's effectiveness.
(8) The sponsor of the continuing education
				program shall provide to the participants a meaningful record of attendance
				stating the continuing education hours involved.
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 6 - Continuing Education › Section 6-3 - Continuing education requirements

Current through July 10, 2024
Authority: IC
				  25-23.6-2-8
Affected: IC 25-23.6
Sec. 3.
(a) A
				renewal period is defined as the two (2) year period beginning with April 1 of
				even-numbered years. A licensure year is defined as April 1 through March 31 of
				the following year.
(b) A licensee
				who renews a license as a social worker, clinical social worker, marriage and
				family therapist, marriage and family therapist associate, mental health
				counselor, mental health counselor associate, addiction counselor, or clinical
				addiction counselor shall complete not less than twenty (20) CEUs per year, in
				compliance with section 1(b) of this rule, for a total of forty (40) CEUs for
				the two (2) year renewal period.
(c) A minimum of one (1) CEU of the required
				ten (10) Category I CEUs per year shall have a content area focusing on ethics
				and professional conduct, including boundary issues, from a Category I
				provider.
(d) If a licensee holds
				more than one (1):
(1) social
				worker;
(2) clinical social
				worker;
(3) marriage and family
				therapist;
(4) marriage and family
				therapist associate;
(5) mental
				health counselor;
(6) mental health
				counselor associate;
(7) addiction
				counselor; or
(8) clinical
				addiction counselor; license issued under IC 25-23.6, then CEUs obtained to
				meet the CEUs required for renewal of one (1) license may be applied towards
				the CEUs required for renewal of each license held.
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 6 - Continuing Education › Section 6-4 - Continuing education audit

Current through July 10, 2024
Authority: IC
				  25-23.6-2-8
Affected: IC 25-23.6
Sec. 4.
The board may require additional evidence demonstrating the
				  license holder's compliance with the continuing education requirements of this
				  rule. This additional evidence shall be required in the context of a random
				  audit. It is the responsibility of the license holder to verify that the CEUs
				  obtained to meet the continuing education required for the renewal of their
				  license have been approved by the board. It is the responsibility of the
				  license holder to retain or otherwise produce evidence of compliance.
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 6 - Continuing Education › Section 6-5 - Request for a waiver of the continuing education requirement

Current through July 10, 2024
Authority: IC
				  25-23.6-2-8
Affected: IC 25-23.6
Sec. 5.
(a) A holder
				of a license issued under IC 25-23.6, seeking renewal of that license without
				having completed the CEUs required for renewal under this rule, must submit:
(1) a statement explaining the reasons for
				noncompliance;
(2) a request for a
				waiver of the CEUs required for renewal; and
(3) the renewal application and all required
				fees; at least forty-five (45) days prior to the license expiration
				date.
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 7 - Convictions of Concern › Section 7-1 - Scope

Current through July 10, 2024
Authority: IC 25-1-1.1-6
Affected: IC 25-1-1.1-6; IC 25-23.6
Sec. 1.
This rule implements IC 25-1-1.1-6 regarding convictions of
				  concern, which may disqualify an individual for licensure, and includes in
				  section 4 of this rule an explicit list of crimes that may disqualify an
				  individual from receiving a license issued under IC 25-23.6.
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 7 - Convictions of Concern › Section 7-2 - Issuance of license

Current through July 10, 2024
Authority: IC 25-1-1.1-6
Affected: IC 25-1-1.1-6; IC 25-23.6
Sec. 2.
An applicant for licensure who has a conviction of concern
				  may still be granted a license based on the criteria stated in IC
				  25-1-1.1-6(h).
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 7 - Convictions of Concern › Section 7-3 - Authority to issue license on probation

Current through July 10, 2024
Authority: IC 25-1-1.1-6
Affected: IC 25-1-1.1-6; IC 25-1-9-16; IC 25-23.6
Sec. 3.
This rule and IC 25-1-1.1-6 do not limit the authority of a
				  board or committee to issue a license on probation if appropriate under IC
				  25-1-9-16 or any other applicable statute.
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 7 - Convictions of Concern › Section 7-4 - Convictions of concern

Current through July 10, 2024
Authority: IC 25-1-1.1-6
Affected: IC 6-3-6-11; IC 7.1-5-7-8; IC 9-26-1-1.1; IC
				  9-30-5-4; IC 9-30-5-5; IC 11-8-8-17; IC 11-8-8-18; IC 12-24-17-3; IC
				  12-24-17-7; IC 16-36-5-27; IC 16-36-5-28; IC 16-42-19; IC 25; IC 31-33-22; IC
				  31-34-2.3-7; IC 31-34-2.3-8; IC 35
Sec. 4.
The following are convictions of concern:
(1) Crimes involving sexual acts that can be
				considered without respect to age of conviction as follows:
(A) Child molesting (IC 35-42-4-3).
(B) Child seduction (IC 35-42-4-7).
(C) Criminal deviate conduct (IC 35-42-4-2)
				(before its repeal).
(D) Incest (IC
				35-46-1-3).
(E) Making an unlawful
				proposition (IC 35-45-4-3).
(F)
				Prostitution (IC 35-45-4-2).
(G)
				Rape (IC 35-42-4-1).
(H) Sexual
				misconduct with a minor (IC 35-42-4-9(a)).
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 7 - Convictions of Concern › Section 7-5 - Convictions in another jurisdiction

Current through July 10, 2024
Authority: IC 25-1-1.1-6
Affected: IC 25-23.6
Sec. 5.
A crime in any other jurisdiction for which the elements of
				  the crime for which conviction was entered are substantially similar to the
				  elements of a crime included on the list in section 4 of this rule shall also
				  be a crime that may disqualify an individual from receiving a license and
				  therefore included on the list.
Indiana Administrative Code › Title 839 - DIVISION OF FAMILY RESOURCES › Article 1 - TANF ASSISTANCE PROGRAM › Rule 7 - Convictions of Concern › Section 7-6 - Prelicensure determinations; fee

Current through July 10, 2024
Authority: IC 25-1-1.1-6
Affected: IC 25-1-1.1-6; IC 25-23.6
Sec. 6.
The fee for a petition under IC 25-1-1.1-6(g) for a
				  determination as to whether an individual's misdemeanor or felony conviction
				  may disqualify the individual from receiving a license or certification is
				  twenty-five dollars ($25).
Indiana Administrative Code › Title 840 - INDIANA STATE BOARD OF HEALTH FACILITY ADMINISTRATORS › Article 3 - CONVICTIONS OF CONCERN › Rule 1 - Convictions of Concern › Section 1-1 - Scope

Current through July 10, 2024
Authority: IC 25-1-1.1-6; IC 25-19-1-4
Affected: IC 25-1-1.1-6; IC 25-2.5; IC 25-3.7; IC 25-14.3; IC
				  25-14.5; IC 25-17.3; IC 25-20; IC 25-22.5; IC 25-23.4; IC 25-23.5; IC 25-27.5;
				  IC 25-34.5
Sec. 1.
This rule implements IC 25-1-1.1-6 regarding convictions of
				  concern, which may disqualify an individual for licensure, and includes in
				  section 4 of this rule an explicit list of crimes that may disqualify an
				  individual from receiving a license issued under IC 25-2.5, IC 25-3.7, IC
				  25-14.3, IC 25-14.5, IC 25-17.3, IC 25-20, IC 25-22.5, IC 25-23.4, IC 25-23.5,
				  IC 25-27.5, or IC 25-34.5.
Agency cited as
					 840 IAC 1-4-1, which was
					 renumbered by the Publisher as
					 840 IAC 3-1-1.
Indiana Administrative Code › Title 840 - INDIANA STATE BOARD OF HEALTH FACILITY ADMINISTRATORS › Article 3 - CONVICTIONS OF CONCERN › Rule 1 - Convictions of Concern › Section 1-2 - Issuance of license

Current through July 10, 2024
Authority: IC 25-1-1.1-6; IC 25-19-1-4
Affected: IC 25-1-1.1-6
Sec. 2.
An applicant for licensure who has a conviction of concern
				  may still be granted a license based on the criteria stated in IC
				  25-1-1.1-6(h).
Agency cited as
					 840 IAC 1-4-2, which was
					 renumbered by the Publisher as
					 840 IAC 3-1-2.
Indiana Administrative Code › Title 840 - INDIANA STATE BOARD OF HEALTH FACILITY ADMINISTRATORS › Article 3 - CONVICTIONS OF CONCERN › Rule 1 - Convictions of Concern › Section 1-3 - Authority to issue license on probation

Current through July 10, 2024
Authority: IC 25-1-1.1-6; IC 25-19-1-4
Affected: IC 25-1-1.1-6; IC 25-1-11-19
Sec. 3.
This rule and IC 25-1-1.1-6 do not limit the authority of a
				  board or committee to issue a license on probation if appropriate under IC
				  25-1-11-16
[ IC 25-1-11-19 ]
or any other applicable
				  statute.
Agency cited as
					 840 IAC 1-4-3, which was
					 renumbered by the Publisher as
					 840 IAC 3-1-3.
Indiana Administrative Code › Title 840 - INDIANA STATE BOARD OF HEALTH FACILITY ADMINISTRATORS › Article 3 - CONVICTIONS OF CONCERN › Rule 1 - Convictions of Concern › Section 1-4 - Convictions of concern

Current through July 10, 2024
Authority: IC 25-1-1.1-6; IC 25-19-1-4
Affected: IC 6-3-6-11; IC 7.1-5-1-3; IC 7.1-5-7-8; IC
				  9-26-1-1.1; IC 9-30-5-4; IC 9-30-5-5; IC 11-8-8-17; IC 11-8-8-18;
IC 12-17.2-5-1; IC 12-24-17-3; IC 12-24-17-7; IC 16-36-5-27;
				  IC 16-36-5-28; IC 16-42-19; IC 23-0.5-2-9; IC 23-19-5-2 ; IC 25; IC 31-33-22;
				  IC 31-34-2.3-7; IC 31-34-2.3-8; IC 35
Sec. 4.
The following are convictions of concern:
(1) Crimes involving sexual acts that can be
				considered without respect to age of conviction are as follows:
(A) Child molesting (IC 35-42-4-3).
(B) Child seduction (IC 35-42-4-7).
(C) Criminal deviate conduct (IC 35-42-4-2)
				(before its repeal).
(D) Incest (IC
				35-46-1-3).
(E) Making an unlawful
				proposition (IC 35-45-4-3).
(F)
				Prostitution (IC 35-45-4-2).
(G)
				Rape (IC 35-42-4-1).
(H) Sexual
				misconduct with a minor (IC 35-42-4-9(a)).
Indiana Administrative Code › Title 840 - INDIANA STATE BOARD OF HEALTH FACILITY ADMINISTRATORS › Article 3 - CONVICTIONS OF CONCERN › Rule 1 - Convictions of Concern › Section 1-5 - Convictions in another jurisdiction

Current through July 10, 2024
Authority: IC 25-1-1.1-6; IC 25-19-1-4
Affected: IC 25-1-1.1-6
Sec. 5.
A crime in any other jurisdiction for which the elements of
				  the crime for which conviction was entered are substantially similar to the
				  elements of a crime included on the list in section 4 of this rule shall also
				  be a crime that will disqualify an individual from receiving a license and
				  therefore included on the list.
Agency cited as
					 840 IAC 1-4-5, which was
					 renumbered by the Publisher as
					 840 IAC 3-1-5.
Indiana Administrative Code › Title 840 - INDIANA STATE BOARD OF HEALTH FACILITY ADMINISTRATORS › Article 3 - CONVICTIONS OF CONCERN › Rule 1 - Convictions of Concern › Section 1-6 - Prelicensure determinations; fee

Current through July 10, 2024
Authority: IC 25-1-1.1-6; IC 25-19-1-4
Affected: IC 25-1-1.1-6
Sec. 6.
The fee for a petition under IC 25-1-1.1-6(g) for a
				  determination as to whether the individual's misdemeanor or felony conviction
				  may disqualify the individual from receiving a license or certification shall
				  be twenty-five dollars ($25).
Agency cited as
					 840 IAC 1-4-6, which was
					 renumbered by the Publisher as
					 840 IAC 3-1-6.
Indiana Administrative Code › Title 842 - INDIANA BOARD OF PHYSICAL THERAPY › Article 1 - PHYSICAL THERAPISTS AND PHYSICAL THERAPISTS' ASSISTANTS › Rule 1 - General Provisions › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC 25-27-1-5
Affected: IC 25-27-1-1; IC 25-27-1-2; IC 25-27-1-8; IC
				  25-27-2-2
Sec. 1.
(a) The
				definitions in this section apply throughout this article.
(b) "Agency" refers to the Indiana
				professional licensing agency.
(c)
				"Contact hour" means a unit of measure for a continuing competency activity.
				One (1) contact hour equals at least fifty (50) minutes in a learning
				activity.
(d) "Continuing
				competence" or "continuing competencey
[sic]
" has the meaning
				set forth in IC 25-27-1-10(11)
[sic, IC 25-27-1-1(11)]
and IC
				25-27-2-2(5). The requirements for demonstrating continuing competence are set
				forth in 842 IAC 1-7-1.
(e) "Direct supervision" has the meaning set
				forth in IC 25-27-1-1(13).
(f)
				"Physical therapist assistant" has the meaning set forth in IC
				25-27-1-1(3).
(g) "Physical
				therapy" has the meaning set forth in IC 25-27-1-1(1) and includes, but is not
				limited to, such measures as the following:
(1) Performing and interpreting tests and
				measurements of neuromuscular, musculoskeletal, cardiac, and pulmonary
				functions as a part of treatment, interpretation of physician referrals,
				initial patient evaluation, initial and ongoing treatment planning, periodic
				reevaluation of the patient, and adjustment of the treatment plan.
(2) Planning initial and subsequent treatment
				programs on the basis of test findings, and if the patient is referred for
				physical therapy, within the orders of a referring provider.
(3) Administering treatment through the use
				of physical, chemical, or other properties of heat or cold, light, water,
				electricity, massage, mechanical devices, and therapeutic exercise, which
				includes all types of physical rehabilitative techniques and procedures,
				including using solid filiform needles to treat neuromusculoskeletal pain and
				dysfunction (dry needling).
Indiana Administrative Code › Title 842 - INDIANA BOARD OF PHYSICAL THERAPY › Article 1 - PHYSICAL THERAPISTS AND PHYSICAL THERAPISTS' ASSISTANTS › Rule 1 - General Provisions › Section 1-2 - Standards of practice for physical therapy services

Current through July 10, 2024
Authority: IC 25-27-1-5
Affected: IC 25-27-1-1; IC 25-27-1-2; IC 25-27-1-8
Sec. 2.
(a) A
				physical therapy service shall be under the direction of a licensed physical
				therapist who is qualified by experience, demonstrated ability, and specialized
				education. The supervising physical therapist at all times shall be available
				and under all circumstances shall be responsible for the direction and the
				actions of the person supervised when services are performed by the physical
				therapist assistant, or the holder of a temporary permit issued under IC
				25-27-1-8(d). For the holder of a temporary permit issued under IC
				25-27-1-8(d), unless the supervising physical therapist is on the premises to
				provide constant supervision, the holder of a temporary permit shall meet with
				the physical therapist at least once each working day to review all patients'
				treatments. This meeting must include the actual presence of the physical
				therapist and the holder of a temporary permit. The patients' care shall always
				be the responsibility of the supervising physical therapist. Reports written by
				the holder of a temporary permit for inclusion in the patient record shall be
				countersigned by the physical therapist who may enter any remarks, revisions,
				or additions as the physical therapist deems appropriate. With respect to the
				supervision of the physical therapist assistants under IC 25-27-1-2(c), unless
				the supervising physical therapist is on the premises to provide constant
				supervision, the physical therapist assistant shall consult with the
				supervising physical therapist at least once each working day to review all
				patients' treatments. The supervising physical therapist shall examine each
				patient not less than:
(1) every fourteen (14)
				days for inpatients in either a hospital or comprehensive rehabilitation
				facility;
(2) the earlier of every
				ninety (90) days or six (6) physical therapy visits for patients in a facility
				for the developmentally disabled (DD) and school system patients; and
(3) the earlier of every thirty (30) days or
				every fifteen (15) physical therapy visits for all other patients;
to review the patients' treatments and progress. If this
				  daily consultation is not face-to-face, the physical therapist may not
				  supervise more than the equivalent of three (3) full-time physical therapist
				  assistants. Consultation between a supervising physical therapist and the
				  physical therapist assistant may be in person, by telephone, or by a
				  telecommunications device for the deaf (TDD), so long as there is interactive
				  communication concerning patient care.
Indiana Administrative Code › Title 842 - INDIANA BOARD OF PHYSICAL THERAPY › Article 1 - PHYSICAL THERAPISTS AND PHYSICAL THERAPISTS' ASSISTANTS › Rule 1 - General Provisions › Section 1-3 - Accreditation of educational programs

Current through July 10, 2024
Authority: IC 25-27-1-5
Affected: IC 25-27-1-1
Sec. 3.
(a) The board
				shall maintain a list of physical therapy and physical therapist assistant
				educational programs that meet the requirements of subsection (b). This list
				shall be available in written form from the Indiana Professional Licensing
				Agency, 402 West Washington Street, Room W072, Indianapolis, Indiana
				46204.
(b) An approved program for
				physical therapists is a professional physical therapist education program
				accredited by the Commission on Accreditation in Physical Therapy Education
				(CAPTE) or its successor. An approved program for physical therapist assistants
				is one that is accredited by CAPTE or its successor.
(c) A graduate or candidate for graduation
				from an educational program, which is not on the list of approved programs, may
				apply to the board for approval by petition demonstrating that the educational
				program meets the board's standards for approval of the accreditation agency
				identified in subsection (b).
(d)
				The board may remove an educational program from its list of approved programs
				upon the grounds that the educational program no longer meets its standards for
				approval of the accreditation agency identified in subsection (b).
Transferred from the Medical Licensing Board of Indiana
					 (844 IAC 6-1-4) to the Indiana
					 Board of Physical Therapy (842 IAC 1-1-3) by
					 P.L.
					 160-2019,
					 SECTION
					 31, effective July 1, 2019.
Indiana Administrative Code › Title 842 - INDIANA BOARD OF PHYSICAL THERAPY › Article 1 - PHYSICAL THERAPISTS AND PHYSICAL THERAPISTS' ASSISTANTS › Rule 2 - Fees › Section 2-1 - Fees

Current through July 10, 2024
Authority: IC 25-1-8-2; IC 25-27-1-5
Affected: IC 25-27-1-7
Sec. 1.
(a) The board
				shall charge and collect the following fees:
Application for licensure/certification
$100
Application to repeat national examination
$50
License/certification renewal
$100 biennially
Temporary permit
$50
Verification of licensure/certification
$10
Duplicate wall license/certification
$10
Application for compact privilege
$100 in addition to the Compact Commission fee
							 established by the Physical Therapy Compact Commission
Compact privilege renewal
$100 biennially in addition to the Compact Commission
							 fee established by the Physical Therapy Compact Commission
(b)
				Applicants required to take the national examination for licensure shall pay a
				fee directly to a professional examination service in the amount set by the
				examination service.
Transferred from the Medical Licensing Board of Indiana
					 (844 IAC 6-2-2) to the Indiana
					 Board of Physical Therapy (842 IAC 1-2-1) by
					 P.L.
					 160-2019,
					 SECTION
					 31, effective July 1, 2019.
Indiana Administrative Code › Title 842 - INDIANA BOARD OF PHYSICAL THERAPY › Article 1 - PHYSICAL THERAPISTS AND PHYSICAL THERAPISTS' ASSISTANTS › Rule 3 - Admission to Practice › Section 3-1 - Licensure by endorsement

Current through July 10, 2024
Authority: IC 25-27-1-5
Affected: IC 4-1-8-1; IC 25-1-9; IC 25-27-1
Sec. 1.
The board shall issue a license by endorsement to an
				  applicant who completes the following:
(1) Submits a sworn application in proper
				form.
(2) Submits the fee specified
				in 842 IAC 1-2-1.
(3) Presents satisfactory evidence that he or
				she does not have a conviction for an act, within or outside of this state,
				that would constitute a ground for disciplinary sanction under IC
				25-1-9.
(4) Has been certified by a
				written examination provided by the board. The uniform criterion-referenced
				passing score on the physical therapy and physical therapist assistant
				examinations, which has been adopted by the board of directors of the
				Federation of State Boards of Physical Therapy, is the required passing score.
				This criterion-referenced passing score shall be a scaled score of six hundred
				(600). If the applicant was licensed in a state that required an examination,
				other than an examination provided by the board, the board shall determine
				whether the applicant took and passed a postgraduate written examination
				substantially equivalent in content and difficulty to the examination adopted
				by the board.
(5) Submits
				verification from all states in which the applicant has been or is currently
				licensed-certified. The verification must include a statement verifying whether
				the applicant has ever been disciplined in any manner.
(6) Submits an official transcript of grades
				from a physical therapy school or physical therapist assistant school
				evidencing that the applicant is a graduate of a physical therapist or physical
				therapist assistant entry-level educational program that meets the requirements
				of 842 IAC 1-1-3 and that a degree
				has been conferred. If the transcript is not in English, the applicant must
				submit a certified copy of an official English translation. Graduates of a
				foreign physical therapy program must submit notarized copies of their
				transcripts if official transcripts are unavailable.
(7) Submits the applicant's valid United
				States Social Security number.
(8)
				Meets all other minimum requirements as specified in IC 25-27-1.
Transferred from the Medical Licensing Board of Indiana
					 (844 IAC 6-3-1) to the Indiana
					 Board of Physical Therapy (842 IAC 1-3-1) by
					 P.L.
					 160-2019,
					 SECTION
					 31, effective July 1, 2019.