Bill Text: IN HB1242 | 2013 | Regular Session | Enrolled
Bill Title: Licensing of diabetes educators.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2013-05-08 - Vetoed by the Governor [HB1242 Detail]
Download: Indiana-2013-HB1242-Enrolled.html
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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AN ACT to amend the Indiana Code concerning professions and occupations.
(1) IC 25-2.5 (acupuncturists).
(2) IC 25-10 (chiropractors).
(3) IC 25-13 (dental hygienists).
(4) IC 25-14 (dentists).
(5) IC 25-14.3 (diabetes educators).
(b) As used in this chapter, "national criminal history background check" means the criminal history record system maintained by the Federal Bureau of Investigation based on fingerprint identification or any other method of positive identification.
(c) An individual applying for an initial license or initial certificate specified in subsection (a) shall submit to a national criminal history background check at the cost of the individual.
(d) The state police department shall release the results of a national criminal history background check conducted under this section to the Indiana professional licensing agency.
(e) A board, a commission, or a committee may conduct a random audit and require an individual seeking a renewal of a license or a certificate specified in subsection (a) to submit to a national criminal history background check at the cost of the individual.
(1) Certified public accountants, public accountants, and accounting practitioners.
(2) Architects and landscape architects.
(3) Dry cleaners.
(4) Professional engineers.
(5) Land surveyors.
(6) Real estate brokers.
(7) Real estate agents.
(8) Security dealers' licenses issued by the securities commissioner.
(9) Dental hygienists.
(10) Dentists.
(11) Veterinarians.
(12) Physicians.
(13) Chiropractors.
(14) Physical therapists.
(15) Optometrists.
(16) Pharmacists and assistants, drugstores or pharmacies.
(17) Motels and mobile home community licenses.
(18) Nurses.
(19) Podiatrists.
(20) Occupational therapists and occupational therapy assistants.
(21) Respiratory care practitioners.
(22) Social workers, marriage and family therapists, and mental health counselors.
(23) Real estate appraiser licenses and certificates issued by the real estate appraiser licensure and certification board.
(24) Wholesale legend drug distributors.
(25) Physician assistants.
(26) Dietitians.
(27) Athlete agents.
(28) Manufactured home installers.
(29) Home inspectors.
(30) Massage therapists.
(31) Interior designers.
(32) Genetic counselors.
(33) Diabetes educators.
(b) This section applies to the following entities that regulate occupations or professions under the Indiana Code:
(1) Indiana board of accountancy.
(2) Indiana grain buyers and warehouse licensing agency.
(3) Indiana auctioneer commission.
(4) Board of registration for architects and landscape architects.
(5) State board of cosmetology and barber examiners.
(6) Medical licensing board of Indiana.
(7) Secretary of state.
(8) State board of dentistry.
(9) State board of funeral and cemetery service.
(10) Worker's compensation board of Indiana.
(11) Indiana state board of health facility administrators.
(12) Committee of hearing aid dealer examiners.
(13) Indiana state board of nursing.
(14) Indiana optometry board.
(15) Indiana board of pharmacy.
(16) Indiana plumbing commission.
(17) Board of podiatric medicine.
(18) Private investigator and security guard licensing board.
(19) State board of registration for professional engineers.
(20) State psychology board.
(21) Indiana real estate commission.
(22) Speech-language pathology and audiology board.
(23) Department of natural resources.
(24) Board of chiropractic examiners.
(25) Mining board.
(26) Indiana board of veterinary medical examiners.
(27) State department of health.
(28) Indiana physical therapy committee.
(29) Respiratory care committee.
(30) Occupational therapy committee.
(31) Behavioral health and human services licensing board.
(32) Real estate appraiser licensure and certification board.
(33) State board of registration for land surveyors.
(34) Physician assistant committee.
(35) Indiana dietitians certification board.
(36) Attorney general (only for the regulation of athlete agents).
(37) Manufactured home installer licensing board.
(38) Home inspectors licensing board.
(39) State board of massage therapy.
(40) Diabetes educators.
(c) Notwithstanding any other law, the entities included in subsection (b) shall send a notice of the upcoming expiration of a license to each licensee at least sixty (60) days prior to the expiration of the license. The notice must inform the licensee of the need to renew and the requirement of payment of the renewal fee. If this notice of expiration is not sent by the entity, the licensee is not subject to a sanction for failure to renew if, once notice is received from the entity, the license is renewed within forty-five (45) days of the receipt of the notice.
(d) Notwithstanding any other law, the entities included in subsection (b) shall send notice of the expiration of a license to each individual whose license has expired within thirty (30) days following the expiration of the license. The notice must meet the following requirements:
(1) Inform the individual of the following:
(A) That the individual's license has expired.
(B) Any requirements that must be met before reinstatement of a license may occur.
(2) Be sent electronically. However, if the entity does not have an electronic mail address on record for the individual, the notice must be sent via United States mail.
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects (IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(4) State board of cosmetology and barber examiners (IC 25-8-3-1).
(5) State board of funeral and cemetery service (IC 25-15-9).
(6) State board of registration for professional engineers (IC 25-31-1-3).
(7) Indiana plumbing commission (IC 25-28.5-1-3).
(8) Indiana real estate commission (IC 25-34.1).
(9) Real estate appraiser licensure and certification board (IC 25-34.1-8-1).
(10) Private investigator and security guard licensing board (IC 25-30-1-5.2).
(11) State board of registration for professional surveyors (IC 25-21.5-2-1).
(12) Manufactured home installer licensing board (IC 25-23.7).
(13) Home inspectors licensing board (IC 25-20.2-3-1).
(14) State board of massage therapy (IC 25-21.8-2-1).
(15) Indiana diabetes educators board (IC 25-14.3-2-1).
(b) Nothing in this chapter may be construed to give the licensing agency policy making authority, which remains with each board.
28, AND AS AMENDED BY HEA 1135, SECTION 14, IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]:
Sec. 1. As used in this chapter:
"Board" means the appropriate agency listed in the definition of
regulated occupation in this section.
"Director" refers to the director of the division of consumer
protection.
"Division" refers to the division of consumer protection, office of
the attorney general.
"Licensee" means a person who is:
(1) licensed, certified, or registered by a board listed in this
section; and
(2) the subject of a complaint filed with the division.
"Person" means an individual, a partnership, a limited liability
company, or a corporation.
"Regulated occupation" means an occupation in which a person is
licensed, certified, or registered by one (1) of the following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects
(IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(4) Board of chiropractic examiners (IC 25-10-1).
(5) State board of cosmetology and barber examiners
(IC 25-8-3-1).
(6) State board of dentistry (IC 25-14-1).
(7) State board of funeral and cemetery service (IC 25-15-9).
(8) State board of registration for professional engineers
(IC 25-31-1-3).
(9) Indiana state board of health facility administrators
(IC 25-19-1).
(10) Medical licensing board of Indiana (IC 25-22.5-2).
(11) Indiana state board of nursing (IC 25-23-1).
(12) Indiana optometry board (IC 25-24).
(13) Indiana board of pharmacy (IC 25-26).
(14) Indiana plumbing commission (IC 25-28.5-1-3).
(15) Board of podiatric medicine (IC 25-29-2-1).
(16) State psychology board (IC 25-33).
(17) Speech-language pathology and audiology board
(IC 25-35.6-2).
(18) Indiana real estate commission (IC 25-34.1-2).
(19) Indiana board of veterinary medical examiners (IC 25-38.1).
(20) Department of natural resources for purposes of licensing
water well drillers under IC 25-39-3.
(21) Respiratory care committee (IC 25-34.5).
(22) Private investigator and security guard licensing board
(IC 25-30-1-5.2).
(23) Occupational therapy committee (IC 25-23.5).
(24) Behavioral health and human services licensing board
(IC 25-23.6).
(25) Real estate appraiser licensure and certification board
(IC 25-34.1-8).
(26) State board of registration for professional surveyors
(IC 25-21.5-2-1).
(27) Physician assistant committee (IC 25-27.5).
(28) Indiana athletic trainers board (IC 25-5.1-2-1).
(29) Indiana dietitians certification board (IC 25-14.5-2-1).
(30) Indiana physical therapy committee (IC 25-27).
(31) Manufactured home installer licensing board (IC 25-23.7).
(32) Home inspectors licensing board (IC 25-20.2-3-1).
(33) State department of health, for out-of-state mobile health
care entities.
(34) State board of massage therapy (IC 25-21.8-2-1).
(35) Indiana diabetes educators board (IC 25-14.3-2-1).
(35) (36) Midwifery committee (IC 25-23.4-2-1).
(36) (37) Any other occupational or professional agency created
after June 30, 1981.
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects (IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(4) Board of chiropractic examiners (IC 25-10-1).
(5) State board of cosmetology and barber examiners (IC 25-8-3-1).
(6) State board of dentistry (IC 25-14-1).
(7) State board of funeral and cemetery service (IC 25-15).
(8) State board of registration for professional engineers (IC 25-31-1-3).
(9) Indiana state board of health facility administrators (IC 25-19-1).
(10) Medical licensing board of Indiana (IC 25-22.5-2).
(11) Mining board (IC 22-10-1.5-2).
(12) Indiana state board of nursing (IC 25-23-1).
(13) Indiana optometry board (IC 25-24).
(14) Indiana board of pharmacy (IC 25-26).
(15) Indiana plumbing commission (IC 25-28.5-1-3).
(16) State psychology board (IC 25-33).
(17) Speech-language pathology and audiology board (IC 25-35.6-2).
(18) Indiana real estate commission (IC 25-34.1-2-1).
(19) Indiana board of veterinary medical examiners (IC 25-38.1-2-1).
(20) Department of insurance (IC 27-1).
(21) State police department (IC 10-11-2-4), for purposes of certifying polygraph examiners under IC 25-30-2.
(22) Department of natural resources for purposes of licensing water well drillers under IC 25-39-3.
(23) Private investigator and security guard licensing board (IC 25-30-1-5.2).
(24) Occupational therapy committee (IC 25-23.5-2-1).
(25) Behavioral health and human services licensing board (IC 25-23.6-2-1).
(26) Real estate appraiser licensure and certification board (IC 25-34.1-8).
(27) State board of registration for land surveyors (IC 25-21.5-2-1).
(28) Physician assistant committee (IC 25-27.5).
(29) Indiana athletic trainers board (IC 25-5.1-2-1).
(30) Board of podiatric medicine (IC 25-29-2-1).
(31) Indiana dietitians certification board (IC 25-14.5-2-1).
(32) Indiana physical therapy committee (IC 25-27).
(33) Manufactured home installer licensing board (IC 25-23.7).
(34) Home inspectors licensing board (IC 25-20.2-3-1).
(35) State board of massage therapy (IC 25-21.8-2-1).
(36) Indiana diabetes educators board (IC 25-14.3-2-1).
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects
(IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2).
(4) State board of cosmetology and barber examiners
(IC 25-8-3-1).
(5) State board of registration for land surveyors (IC 25-21.5-2-1).
(6) State board of funeral and cemetery service (IC 25-15-9).
(7) State board of registration for professional engineers
(IC 25-31-1-3).
(8) Indiana plumbing commission (IC 25-28.5-1-3).
(9) Indiana real estate commission (IC 25-34.1-2-1).
(10) Real estate appraiser licensure and certification board
(IC 25-34.1-8).
(11) Private investigator and security guard licensing board
(IC 25-30-1-5.2).
(12) Manufactured home installer licensing board (IC 25-23.7).
(13) Home inspectors licensing board (IC 25-20.2-3-1).
(14) State board of massage therapy (IC 25-21.8-2-1).
(15) Indiana diabetes educators board (IC 25-14.3-2-1).
ARTICLE 14.3. DIABETES EDUCATORS
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this article.
Sec. 2. "Agency" refers to the Indiana professional licensing agency established by IC 25-1-5-3.
Sec. 3. "Board" refers to the Indiana diabetes educators board established by IC 25-14.3-2-1.
Sec. 4. "Diabetes education" means a collaborative process through which persons with or at risk for diabetes mellitus gain the knowledge and skills needed to modify behavior and successfully self-manage diabetes and conditions related to diabetes.
Sec. 5. "Licensed diabetes educator" refers to an individual who is licensed under this article.
Chapter 2. Indiana Diabetes Educators Board
Sec. 1. The Indiana diabetes educators board is established.
Sec. 2. The board consists of seven (7) members appointed by the governor as follows:
(1) One (1) member who is a physician licensed under IC 25-22.5.
(2) One (1) member who is a registered nurse licensed under
IC 25-23.
(3) One (1) member who is a pharmacist licensed under
IC 25-26 who has experience in diabetes education.
(4) One (1) member who is a dietitian certified under
IC 25-14.5.
(5) One (1) member who:
(A) is a citizen at large;
(B) is not employed in the health care field; and
(C) either:
(i) has diabetes; or
(ii) cares for an individual who has diabetes.
(6) One (1) member who is a nutritionist and is certified by
either:
(A) the Certification Board for Nutrition Specialists; or
(B) the American College of Nutrition.
(7) One (1) member who is a psychologist licensed under
IC 25-33.
One (1) of the members appointed under subdivisions (2) through
(4) must have completed either the credentialing program of the
American Association of Diabetes Educators or the National
Certification Board for Diabetes Educators.
Sec. 3. Each member of the board serves a term of four (4) years
or until a successor is appointed. The governor shall initially
appoint:
(1) three (3) members for a term of four (4) years;
( 2) three (3) members for a term of three (3) years; and
(3) one (1) member for a term of two (2) years.
Sec. 4. A member of the board may not serve for more than two
(2) consecutive terms.
Sec. 5. The board shall organize annually and elect one (1) of the
members as chairperson and one (1) of the members as secretary.
The agency shall staff the board and arrange for the first meeting
of the board at which the chairperson and secretary are elected.
Sec. 6. A quorum of the board consists of four (4) members. A
majority of the board members is required to take any action.
Sec. 7. The board shall meet at least semiannually and upon the
call of the chairperson or at the request of two (2) members.
Sec. 8. (a) The board shall adopt rules under IC 4-22-2
establishing:
(1) standards for professional responsibility or a code of ethics
for the profession of diabetes educator;
(2) standards of practice that are based upon policies and
positions adopted by the American Association of Diabetes
Educators; and
(3) standards for continuing education requirements for
diabetes educators.
(b) The board shall adopt rules under IC 4-22-2 to establish fees
under IC 25-1-8-2 for:
(1) filing an application for licensure under this article;
(2) issuing an original license under this article;
(3) renewing a license issued under this article;
(4) replacing a license that has been lost or destroyed; and
(5) any other purposes prescribed by IC 25-1-8-2.
(c) The board shall investigate alleged violations brought under
this article, conduct investigations, and schedule and conduct
administrative hearings under IC 4-21.5.
(d) The board shall keep a record of:
(1) the proceedings of the board; and
(2) all individuals licensed by the board.
Chapter 3. License Requirements
Sec. 1. After July 1, 2014, a person may not use the title of
"licensed diabetes educator" or profess to be a licensed diabetes
educator unless the person holds a license under this article.
Sec. 2. An applicant for a license must file a written application
with the board on forms provided by the board.
Sec. 3. An applicant must provide evidence to the board showing
successful completion of one (1) of the following:
(1) The American Association of Diabetes Educators core
concepts course with demonstrable experience in the care of
individuals with diabetes under supervision that meets
requirements specified in rules adopted by the board.
(2) The credentialing program of the American Association of
Diabetes Educators or the National Certification Board for
Diabetes Educators.
(3) An equivalent credentialing program as determined by the
board.
Sec. 4. Requirements established by the board for licensure
under this article must include a core body of knowledge and skills
in:
(1) the disease diabetes mellitus;
(2) the biological and social sciences;
(3) communication;
(4) counseling;
(5) education; and
(6) experience in the care of individuals with diabetes.
Sec. 5. A license issued under this chapter is valid for two (2) years after the date of issuance.
Sec. 6. The board shall require each licensee to complete annually fifteen (15) hours of board approved continuing education.
Chapter 4. License Revocation or Suspension
Sec. 1. For purposes of this chapter, "unprofessional conduct" includes the following:
(1) Obtaining or attempting to obtain a license by fraud, misrepresentation, concealment of material facts, or making a false statement to the board.
(2) Conviction of a felony if the conviction has direct bearing on whether the person is trustworthy to serve the public as a licensed diabetes educator.
(3) Violation of any lawful order issued or rule adopted by the board.
Sec. 2. The board may:
(1) suspend or revoke a license; or
(2) issue a reprimand;
if the licensee engages in unprofessional conduct that has endangered or is likely to endanger the health, welfare, or safety of the public.
Chapter 5. Unlawful Practices
Sec. 1. A person who recklessly, knowingly, or intentionally violates this article commits a Class A misdemeanor.
IC 25-2.1-13-3 (Concerning accountants).
IC 25-2.5-3-4 (Concerning acupuncturists).
IC 25-5.1-4-2 (Concerning athletic trainers).
IC 25-5.2-2-12 (Concerning athlete agents).
IC 25-6.1-7-1 (Concerning auctioneers and auctions).
IC 25-6.1-7-2 (Concerning auctioneers and auctions).
IC 25-8-15.4-25 (Concerning beauty culture).
IC 25-10-1-11 (Concerning chiropractors).
IC 25-11-1-12 (Concerning collection agencies).
IC 25-13-1-3 (Concerning dental hygienists).
IC 25-14-1-25 (Concerning dentists).
IC 25-14.3-5-1 (Concerning diabetes educators).
IC 25-14-4-6 (Concerning dentists).
IC 25-14.5-7-2 (Concerning dietitians).
IC 25-16-1-18 (Concerning employment services).
IC 25-17.3-5-3 (Concerning genetic counselors).
IC 25-17.6-8-2 (Concerning geologists).
IC 25-18-1-19 (Concerning distress sales).
IC 25-20-1-21 (Concerning hearing aid dealers).
IC 25-20.7-5-1 (Concerning interior designers).
IC 25-21.5-5-10 (Concerning land surveyors).
IC 25-21.5-13-2 (Concerning land surveyors).
IC 25-21.8-7-1 (Concerning massage therapists).
IC 25-22.5-8-2 (Concerning physicians).
IC 25-22.5-8-3 (Concerning physicians).
IC 25-23-1-27 (Concerning nurses).
IC 25-23.5-3-2 (Concerning occupational therapists).
IC 25-23.6-3-3 (Concerning marriage and family therapists).
IC 25-23.6-4-4 (Concerning marriage and family therapists).
IC 25-23.6-4.5-4 (Concerning marriage and family therapists).
IC 25-23.6-10.1-6 (Concerning marriage and family therapists).
IC 25-23.6-11-1 (Concerning marriage and family therapists).
IC 25-23.6-11-2 (Concerning marriage and family therapists).
IC 25-23.6-11-3 (Concerning marriage and family therapists).
IC 25-23.7-7-5 (Concerning manufactured home installers).
IC 25-24-1-18 (Concerning optometrists).
IC 25-24-3-17 (Concerning optometrists).
IC 25-26-13-29 (Concerning pharmacists, pharmacies, and drug stores).
IC 25-26-14-23 (Concerning pharmacists, pharmacies, and drug stores).
IC 25-26-14-25 (Concerning pharmacists, pharmacies, and drug stores).
IC 25-26-14-26 (Concerning pharmacists, pharmacies, and drug stores).
IC 25-26-14-27 (Concerning pharmacists, pharmacies, and drug stores).
IC 25-26-19-9 (Concerning pharmacists, pharmacies, and drug stores).
IC 25-26-21-11 (Concerning pharmacists, pharmacies, and drug stores).
IC 25-27-1-12 (Concerning physical therapists).
IC 25-27.5-7-2 (Concerning physician assistants).
IC 25-28.5-1-31 (Concerning plumbers).
IC 25-29-9-1 (Concerning podiatrists).
IC 25-30-1-21 (Concerning private investigator firms, security guards, and polygraph examiners).
IC 25-30-1.3-23 (Concerning private investigator firms, security guards, and polygraph examiners).
IC 25-31-1-13 (Concerning engineers).
IC 25-31-1-27 (Concerning engineers).
IC 25-31.5-8-7 (Concerning soil scientists).
IC 25-33-1-15 (Concerning psychologists).
IC 25-34.5-3-2 (Concerning respiratory care specialists).
IC 25-35.6-3-10 (Concerning speech pathologists and audiologists).
IC 25-36.1-1-2 (Concerning surgical technologists).
IC 25-36.5-1-10 (Concerning timber buyers).
IC 25-36.5-1-15 (Concerning timber buyers).
IC 25-38.1-4-10 (Concerning veterinarians).
IC 25-38.1-4-11 (Concerning veterinarians).
IC 25-39-5-1 (Concerning water well drilling contractors).
IC 25-39-5-7 (Concerning water well drilling contractors).
IC 25-41-1-2 (Concerning behavior analysts).
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