CHAPTER 4. CONTINUING EDUCATION - Indiana Statutes

IC 25-1-4
     Chapter 4. Continuing Education

IC 25-1-4-0.2
"Approved organization" defined
     Sec. 0.2. As used in this chapter, "approved organization" refers to the following:
        (1) United States Department of Education.
        (2) Council on Post-Secondary Education.
        (3) Joint Commission on Accreditation of Hospitals.
        (4) Joint Commission on Healthcare Organizations.
        (5) Federal, state, and local government agencies.
        (6) A college or other teaching institution accredited by the United States Department of Education or the Council on Post-Secondary Education.
        (7) A national organization of practitioners whose members practicing in Indiana are subject to regulation by a board or agency regulating a profession or occupation under this title.
        (8) A national, state, district, or local organization that operates as an affiliated entity under the approval of an organization listed in subdivisions (1) through (7).
        (9) An internship or a residency program conducted in a hospital that has been approved by an organization listed in subdivisions (1) through (7).
        (10) Any other organization or individual approved by the board.
As added by P.L.157-2006, SEC.10. Amended by P.L.2-2008, SEC.51.

IC 25-1-4-0.3 Version a
"Board" defined
     Note: This version of section effective until 7-1-2010. See also following version of this section, effective 7-1-2010.
    Sec. 0.3. As used in this chapter, "board" means any 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 athletic trainers board (IC 25-5.1-2-1).
        (4) Indiana auctioneer commission (IC 25-6.1-2-1).
        (5) State board of barber examiners (IC 25-7-5-1).
        (6) Board of chiropractic examiners (IC 25-10-1).
        (7) State board of cosmetology examiners (IC 25-8-3-1).
        (8) State board of dentistry (IC 25-14-1).
        (9) Indiana dietitians certification board (IC 25-14.5-2-1).
        (10) State board of registration for professional engineers (IC 25-31-1-3).
        (11) Board of environmental health specialists (IC 25-32-1).
        (12) State board of funeral and cemetery service (IC 25-15-9).
        (13) Indiana state board of health facility administrators (IC

25-19-1).
        (14) Committee of hearing aid dealer examiners (IC 25-20-1-1.5).
        (15) Home inspectors licensing board (IC 25-20.2-3-1).
        (16) Indiana hypnotist committee (IC 25-20.5-1-7).
        (17) State board of registration for land surveyors (IC 25-21.5-2-1).
        (18) Manufactured home installer licensing board (IC 25-23.7).
        (19) Medical licensing board of Indiana (IC 25-22.5-2).
        (20) Indiana state board of nursing (IC 25-23-1).
        (21) Occupational therapy committee (IC 25-23.5).
        (22) Indiana optometry board (IC 25-24).
        (23) Indiana board of pharmacy (IC 25-26).
        (24) Indiana physical therapy committee (IC 25-27-1).
        (25) Physician assistant committee (IC 25-27.5).
        (26) Indiana plumbing commission (IC 25-28.5-1-3).
        (27) Board of podiatric medicine (IC 25-29-2-1).
        (28) Private investigator and security guard licensing board (IC 25-30-1-5.2).
        (29) State psychology board (IC 25-33).
        (30) Indiana real estate commission (IC 25-34.1-2).
        (31) Real estate appraiser licensure and certification board (IC 25-34.1-8).
        (32) Respiratory care committee (IC 25-34.5).
        (33) Behavioral health and human services licensing board (IC 25-23.6).
        (34) Speech-language pathology and audiology board (IC 25-35.6-2).
        (35) Indiana board of veterinary medical examiners (IC 25-38.1-2).
As added by P.L.269-2001, SEC.2. Amended by P.L.157-2006, SEC.11; P.L.185-2007, SEC.2; P.L.2-2008, SEC.52; P.L.122-2009, SEC.2; P.L.160-2009, SEC.5; P.L.1-2010, SEC.101.

IC 25-1-4-0.3 Version b
"Board" defined
     Note: This version of section effective 7-1-2010. See also preceding version of this section, effective until 7-1-2010.
    Sec. 0.3. As used in this chapter, "board" means any 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 athletic trainers board (IC 25-5.1-2-1).
        (4) Indiana auctioneer commission (IC 25-6.1-2-1).
        (5) Board of chiropractic examiners (IC 25-10-1).
        (6) State board of cosmetology and barber examiners (IC 25-8-3-1).
        (7) State board of dentistry (IC 25-14-1).
        (8) Indiana dietitians certification board (IC 25-14.5-2-1).         (9) State board of registration for professional engineers (IC 25-31-1-3).
        (10) State board of funeral and cemetery service (IC 25-15-9).
        (11) Indiana state board of health facility administrators (IC 25-19-1).
        (12) Committee of hearing aid dealer examiners (IC 25-20-1-1.5).
        (13) Home inspectors licensing board (IC 25-20.2-3-1).
        (14) State board of registration for land surveyors (IC 25-21.5-2-1).
        (15) Manufactured home installer licensing board (IC 25-23.7).
        (16) Medical licensing board of Indiana (IC 25-22.5-2).
        (17) Indiana state board of nursing (IC 25-23-1).
        (18) Occupational therapy committee (IC 25-23.5).
        (19) Indiana optometry board (IC 25-24).
        (20) Indiana board of pharmacy (IC 25-26).
        (21) Indiana physical therapy committee (IC 25-27-1).
        (22) Physician assistant committee (IC 25-27.5).
        (23) Indiana plumbing commission (IC 25-28.5-1-3).
        (24) Board of podiatric medicine (IC 25-29-2-1).
        (25) Private investigator and security guard licensing board (IC 25-30-1-5.2).
        (26) State psychology board (IC 25-33).
        (27) Indiana real estate commission (IC 25-34.1-2).
        (28) Real estate appraiser licensure and certification board (IC 25-34.1-8).
        (29) Respiratory care committee (IC 25-34.5).
        (30) Behavioral health and human services licensing board (IC 25-23.6).
        (31) Speech-language pathology and audiology board (IC 25-35.6-2).
        (32) Indiana board of veterinary medical examiners (IC 25-38.1-2).
As added by P.L.269-2001, SEC.2. Amended by P.L.157-2006, SEC.11; P.L.185-2007, SEC.2; P.L.2-2008, SEC.52; P.L.122-2009, SEC.2; P.L.160-2009, SEC.5; P.L.1-2010, SEC.101; P.L.84-2010, SEC.8.

IC 25-1-4-0.5
"Continuing education" defined
     Sec. 0.5. As used in this chapter, "continuing education" means an orderly process of instruction:
        (1) that is approved by:
            (A) an approved organization or the board for a profession or occupation other than a real estate appraiser; or
            (B) for a real estate appraiser:
                (i) the Appraiser Qualifications Board, under the regulatory oversight of the Appraisal Subcommittee established under Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989; or                 (ii) the real estate appraiser licensure and certification board established under IC 25-34.1-8 for specific courses and course subjects, as determined by the real estate appraiser licensure and certification board; and
        (2) that is designed to directly enhance the practitioner's knowledge and skill in providing services relevant to the practitioner's profession or occupation.
The term includes an activity that is approved by the board for a profession or occupation, other than a real estate appraiser, and that augments the practitioner's knowledge and skill in providing services relevant to the practitioner's profession or occupation.
As added by P.L.157-2006, SEC.12. Amended by P.L.57-2007, SEC.1; P.L.177-2009, SEC.11.

IC 25-1-4-0.6
"Practitioner" defined
     Sec. 0.6. As used in section 3 of this chapter, "practitioner" means an individual who holds:
        (1) an unlimited license, certificate, or registration;
        (2) a limited or probationary license, certificate, or registration;
        (3) a temporary license, certificate, registration, or permit;
        (4) an intern permit; or
        (5) a provisional license;
issued by the board regulating the profession in question.
As added by P.L.269-2001, SEC.3.

IC 25-1-4-0.7
Computation of designated time periods
     Sec. 0.7. (a) In computing any period under this chapter, the day of the act, event, or default from which the designated period of time begins to run is not included. The last day of the computed period is to be included unless it is:
        (1) a Saturday;
        (2) a Sunday;
        (3) a legal holiday under a state statute; or
        (4) a day that the office in which the act is to be done is closed during regular business hours.
    (b) A period runs until the end of the next day after a day described in subsection (a)(1) through (a)(4). If the period allowed is less than seven (7) days, intermediate Saturdays, Sundays, state holidays, and days on which the office in which the act is to be done is closed during regular business hours are excluded from the calculation.
    (c) A period under this chapter that begins when a person is served with a paper begins with respect to a particular person on the earlier of the date that:
        (1) the person is personally served with the notice; or
        (2) a notice for the person is deposited in the United States mail.
    (d) If a notice is served through the United States mail, three (3)

days must be added to a period that begins upon service of that notice.
As added by P.L.177-2009, SEC.12.

IC 25-1-4-1
Requirement
     Sec. 1. No board or agency regulating a profession or occupation under this title or under IC 16 or IC 22 may require continuing education as a condition of certification, registration, or licensure unless so specifically authorized or mandated by statute.
As added by Acts 1981, P.L.222, SEC.1. Amended by P.L.2-2008, SEC.53.

IC 25-1-4-2
Promotion
     Sec. 2. A board or agency regulating a profession or occupation under this title or under IC 16 or IC 22 may cooperate with members of the profession or occupation it regulates to promote continuing education within the profession or occupation.
As added by Acts 1981, P.L.222, SEC.1. Amended by P.L.2-2008, SEC.54.

IC 25-1-4-3
Sworn statements of compliance; retention of copies of certificates of completion; audits
     Sec. 3. (a) Notwithstanding any other law, a board that is specifically authorized or mandated to require continuing education as a condition to renew a registration, certification, or license must require a practitioner to comply with the following renewal requirements:
        (1) The practitioner shall provide the board with a sworn statement executed by the practitioner that the practitioner has fulfilled the continuing education requirements required by the board.
        (2) The practitioner shall retain copies of certificates of completion for continuing education courses for three (3) years from the end of the licensing period for which the continuing education applied. The practitioner shall provide the board with copies of the certificates of completion upon the board's request for a compliance audit.
    (b) Following every license renewal period, the board shall randomly audit for compliance more than one percent (1%) but less than ten percent (10%) of the practitioners required to take continuing education courses.
As added by P.L.269-2001, SEC.4. Amended by P.L.157-2006, SEC.13.

IC 25-1-4-3.2
Distance learning methods
     Sec. 3.2. A board or agency regulating a profession or occupation

under this title or under IC 16 or IC 22 shall require that at least one-half (1/2) of all continuing education requirements must be allowed by distance learning methods, except for doctors, nurses, chiropractors, optometrists and dentists.
As added by P.L.227-2001, SEC.1. Amended by P.L.2-2008, SEC.55.

IC 25-1-4-4
Hardship waiver
     Sec. 4. A board, a commission, a committee, or an agency regulating a profession or an occupation under this title or under IC 16 or IC 22 may grant an applicant a waiver from all or part of the continuing education requirement for a renewal period if the applicant was not able to fulfill the requirement due to a hardship that resulted from any of the following:
        (1) Service in the armed forces of the United States during a substantial part of the renewal period.
        (2) An incapacitating illness or injury.
        (3) Other circumstances determined by the board or agency.
As added by P.L.88-2004, SEC.1. Amended by P.L.2-2008, SEC.56.

IC 25-1-4-5
Failure to comply; license suspension or refusal to reinstate; penalties; reinstatement requirements
     Sec. 5. (a) Notwithstanding any other law, if the board determines that a practitioner has not complied with this chapter or IC 25-1-8-6 at the time that the practitioner applies for license renewal or reinstatement or after an audit conducted under section 3 of this chapter, the board shall do the following:
        (1) Send the practitioner notice of noncompliance by certified mail to the practitioner's last known address.
        (2) As a condition of license renewal or reinstatement, require the practitioner to comply with subsection (b).
        (3) For license renewal, issue a conditional license to the practitioner that is effective until the practitioner complies with subsection (b).
    (b) Upon service of a notice of noncompliance under subsection (a), a practitioner shall do either of the following:
        (1) If the practitioner believes that the practitioner has complied with this chapter or IC 25-1-8-6, if applicable, within twenty-one (21) days of service of the notice, send written notice to the board requesting a review so that the practitioner may submit proof of compliance.
        (2) If the practitioner does not disagree with the board's determination of noncompliance, do the following:
            (A) Except as provided in subsection (d), pay to the board a civil penalty not to exceed one thousand dollars ($1,000) within twenty-one (21) days of service of the notice.
            (B) Acquire, within six (6) months after service of the notice, the number of credit hours needed to achieve full compliance.             (C) Comply with all other provisions of this chapter.
    (c) If a practitioner fails to comply with subsection (b), the board shall immediately suspend or refuse to reinstate the license of the practitioner and send notice of the suspension or refusal to the practitioner by certified mail.
    (d) If the board determines that a practitioner has knowingly or intentionally made a false or misleading statement to the board concerning compliance with the continuing education requirements, in addition to the requirements under this section the board may impose a civil penalty of not more than five thousand dollars ($5,000) under subsection (b)(2)(A).
    (e) The board shall:
        (1) reinstate a practitioner's license; or
        (2) renew the practitioner's license in place of the conditional license issued under subsection (a)(3);
if the practitioner supplies proof of compliance with this chapter under subsection (b)(1) or IC 25-1-8-6, if applicable.
As added by P.L.157-2006, SEC.14. Amended by P.L.197-2007, SEC.17; P.L.177-2009, SEC.13.

IC 25-1-4-6
Failure to comply; denial of license renewal or reinstatement; penalties
     Sec. 6. (a) Notwithstanding any other law, if at the time a practitioner applies for license renewal or reinstatement or after an audit conducted under section 3 of this chapter, the board determines that the practitioner has failed to comply with this chapter or IC 25-1-8-6, if applicable, and the practitioner has previously received a notice of noncompliance under section 5(a) of this chapter during the preceding license period, the board shall do the following:
        (1) Provide the practitioner notice of noncompliance by certified mail.
        (2) Deny the practitioner's application for license renewal or reinstatement.
    (b) The board shall reinstate a license not renewed under subsection (a) upon occurrence of the following:
        (1) Payment by a practitioner to the board of a civil penalty determined by the board, but not to exceed one thousand dollars ($1,000).
        (2) Acquisition by the practitioner of the number of credit hours required to be obtained by the practitioner during the relevant license period.
        (3) The practitioner otherwise complies with this chapter.
As added by P.L.157-2006, SEC.15. Amended by P.L.197-2007, SEC.18.

IC 25-1-4-7
Credit hours
     Sec. 7. Credit hours acquired by a practitioner under section 5(b)(2) or 6(b)(2) of this chapter may not apply to the practitioner's

credit hour requirement for the license period in which the credit hours are acquired.
As added by P.L.157-2006, SEC.16.

IC 25-1-4-8
Rules
     Sec. 8. The board may adopt rules under IC 4-22-2 to implement this chapter.
As added by P.L.157-2006, SEC.17.