§ 25-1-8-8 — Delaying reinstatement; investigation; sanctions; invalid during investigations

(a) As used in this section, "board" has the
meaning set forth in section 6(a) of this chapter.
(b) The licensing agency may delay reinstating a license, certificate,
or registration for not more than one hundred twenty (120) days after
the date the applicant applies for reinstatement of a license, certificate,
or registration to permit the board to investigate information received
by the licensing agency that the applicant for reinstatement may have
committed an act for which the applicant may be disciplined. If the
licensing agency delays reinstating a license, certificate, or registration,
the licensing agency shall notify the applicant that the applicant is
being investigated. Except as provided in subsection (c), the board
shall do one (1) of the following before the expiration of the one
hundred twenty (120) day period:
(1) Deny reinstatement of the license, certificate, or registration
following a personal appearance by the applicant before the
board.
(2) Reinstate the license, certificate, or registration upon
satisfaction of all other requirements for reinstatement.
(3) Reinstate the license and file a complaint under IC 25-1-7.
(4) Upon agreement of the applicant and the board and following
a personal appearance by the applicant before the board, reinstate
the license, certificate, or registration and place the applicant on
probation status under IC 25-1-9-9 or IC 25-1-11-12.
(c) If an applicant fails to appear before the board under subsection
(b), the board may take action as provided in subsection (b)(1), (b)(2),
or (b)(3).
(d) The license, certificate, or registration of the applicant for
license reinstatement remains invalid during the one hundred twenty
(120) day period unless:
(1) the license, certificate, or registration is reinstated following
a personal appearance by the applicant before the board before
the end of the one hundred twenty (120) day period;
(2) the board issues a conditional license to the practitioner that
is effective until the reinstatement is denied or the license is
reinstated; or
(3) the reinstatement is denied.
If the one hundred twenty (120) day period expires without action by
the board, the license, certificate, or registration shall be automatically
reinstated at the end of the one hundred twenty (120) day period.
(e) The board's reinstatement of a license does not preclude the
board from imposing sanctions on the licensee as a result of a
complaint filed by the attorney general after reinstatement of the
license.

Legislative History

As added by P.L.197-2007, SEC.21. Amended by P.L.177-2015, SEC.10; P.L.78-2017, SEC.6.