§ 25-1-4-5 — Failure to comply; license suspension or refusal to reinstate; penalties; reinstatement requirements

(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.

Legislative History

As added by P.L.157-2006, SEC.14. Amended by P.L.197-2007, SEC.17; P.L.177-2009, SEC.13.