§ 27-16-3-3 — Effect on federal, state, or local requirements

Indiana § 27-16-3-3

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 16: PROFESSIONAL EMPLOYER ORGANIZATIONS
• Ch. 3: Effect on Rights, Duties, and Obligations

Text

(a) This article and a professional employer
agreement do not affect, modify, or amend a federal, state, or local:
(1) license;
(2) registration; or
(3) certification;
requirement that applies to a client or covered employee.
(b) The following apply to a federal, state, or local requirement
described in subsection (a):
(1) A covered employee who is required to be licensed,
registered, or certified is considered solely an employee of the
client for purposes of a license, registration, or certification
requirement.
(2) A PEO is not considered to engage in an occupation, a trade,
a profession, or another activity that is:
(A) subject to a license, registration, or certification
requirement; or
(B) otherwise regulated by a governmental entity;
solely because the PEO has entered into and maintained a
co-employment relationship with a covered employee who is
subject to a requirement or regulation described in clause (A) or
(B).
(3) A client has the sole right of direction and control of the
professional or licensed activities of a covered employee and of
the client's business.
(4) Only a:
(A) covered employee; or
(B) client;
that is subject to a requirement or regulation described in
subdivision (2)(A) or (2)(B) is subject to the regulation by a
regulatory or governmental entity responsible for licensing,
registration, certification, or other regulation of the covered
employee or client.

Legislative History

As added by P.L.245-2005, SEC.7.