IC 25-1-5.3-1: Definitions

Sec. 1. The following definitions apply throughout this chapter:

(1) "Agency" has the meaning set forth in IC 25-1-5-2.

(2) "Applicant" has the meaning set forth in IC 25-1-5-11.

(3) "Board" has the meaning set forth in IC 25-1-5-2.

(4) "Compliant", with respect to a licensure rule, means a licensure rule that the agency or a board has adopted.

(5) "Enactment date" means the date on which a statute that requires rulemaking for a licensure rule becomes effective or otherwise requires rulemaking to commence.

(6) "Executive director" refers to the individual described in IC 25-1-5-5.

(7) "Licensee" has the meaning set forth in IC 25-1-5-11.

(8) "Licensure rule" means a rule that:

(A) relates to the issuance of a license, certificate, registration, or permit, or a requirement or prerequisite for obtaining a license, or keeping a license in good standing; and

(B) is required by statute with an enactment date after January 1, 2023, to be adopted by the agency or a board.

(9) "Material detriment" means:

(A) an inability to obtain a license, certification, permit, or other credential from the agency or a board;

(B) an inability to:

(i) practice;

(ii) perform a procedure; or

(iii) engage in a particular professional activity in Indiana or another jurisdiction; or

(C) any other substantial burden to professional or business interests.

(10) "Noncompliant", with respect to a licensure rule, means a licensure rule that the agency or a board has not adopted as a permanent rule under the procedures in IC 4-22-2-23 through IC 4-22-2-36 or an interim rule under IC 4-22-2-37.2 on or before the later of the following:

(A) Six (6) months from the enactment date.

(B) The date provided in a statute that requires rulemaking for a licensure rule to become effective.