839 IAC 1 — ARTICLE 1. GENERAL PROVISIONS

TITLE 839 BEHAVIORAL HEALTH AND HUMAN SERVICES LICENSING BOARD NOTE: Under P.L.147-1997, SECTION 13, the name of the Social Work Certification and Marriage and Family Therapists Credentialing Board is changed to the Social Worker, Marriage and Family Therapist, and Mental Health Counselor Board, effective July 1, 1997.

NOTE: Under P.L.122-2009, SECTION 22, the name of the Social Worker, Marriage and Family Therapist, and Mental Health Counselor Board is changed to the Behavioral Health and Human Services Licensing Board, effective July 1, 2009.

ARTICLE 1. GENERAL PROVISIONS

Rule 1

839 IAC 1-1-1 839 IAC 1-1-1 Applicability

Rule 1. Definitions

839 IAC 1-1-1 Applicability

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6

Sec. 1. The definitions in this rule apply throughout this article.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-1-1; filed Jul 1, 1992, 12:00 p.m.: 15 IR 2456; readopted filed Oct 25, 2001, 4:20 p.m.: 25 IR 939; readopted filed Jul 19, 2007, 12:54 p.m.: 20070808-IR-839070049RFA; readopted filed Nov 25, 2013, 9:18 a.m.: 20131225-IR-839130273RFA; readopted filed Nov 25, 2019, 12:13 p.m.: 20191225-IR-839190185RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-1-2 839 IAC 1-1-2 "CMFT" defined (Repealed)

839 IAC 1-1-2 "CMFT" defined (Repealed)

(Repealed by Behavioral Health and Human Services Licensing Board; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1516)

839 IAC 1-1-3 839 IAC 1-1-3 "CCSW" defined (Repealed)

839 IAC 1-1-3 "CCSW" defined (Repealed)

(Repealed by Behavioral Health and Human Services Licensing Board; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1516)

839 IAC 1-1-3.2 839 IAC 1-1-3.2 "Graduate" defined

839 IAC 1-1-3.2 "Graduate" defined

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6-4-2; IC 25-23.6-5-2; IC 25-23.6-6-2

Sec. 3.2. "Graduate" means an applicant who has obtained the required degree for social worker, clinical social worker, marriage and family therapist, or mental health counselor licensure.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-1-3.2; filed Dec 18, 2001, 9:11 a.m.: 25 IR 1633; readopted filed Jul 19, 2007, 12:54 p.m.: 20070808-IR-839070049RFA; readopted filed Nov 25, 2013, 9:18 a.m.: 20131225-IR-839130273RFA; readopted filed Nov 25, 2019, 12:13 p.m.: 20191225-IR-839190185RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-1-3.3 839 IAC 1-1-3.3 "Graduate accumulating experience" defined

839 IAC 1-1-3.3 "Graduate accumulating experience" defined

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6-4-2; IC 25-23.6-5-2; IC 25-23.6-6-2

Sec. 3.3. A "graduate accumulating experience" required for licensure includes applicants who have failed the required examination.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-1-3.3; filed Dec 18, 2001, 9:11 a.m.: 25 IR 1633; readopted filed Jul 19, 2007, 12:54 p.m.: 20070808-IR-839070049RFA; readopted filed Nov 25, 2013, 9:18 a.m.: 20131225-IR-839130273RFA; readopted filed Nov 25, 2019, 12:13 p.m.: 20191225-IR-839190185RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-1-3.5 839 IAC 1-1-3.5 "LCSW" defined

839 IAC 1-1-3.5 "LCSW" defined

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6

Sec. 3.5. "LCSW" means a licensed clinical social worker licensed under IC 25-23.6.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-1-3.5; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1503; readopted filed Dec 2, 2001, 12:30 p.m.: 25 IR 1308; readopted filed Jul 19, 2007, 12:54 p.m.: 20070808-IR-839070049RFA; readopted filed Nov 25, 2013, 9:18 a.m.: 20131225-IR-839130273RFA; readopted filed Nov 25, 2019, 12:13 p.m.: 20191225-IR-839190185RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-1-3.6 839 IAC 1-1-3.6 "LMFT" defined

839 IAC 1-1-3.6 "LMFT" defined

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6

Sec. 3.6. "LMFT" means a licensed marriage and family therapist licensed under IC 25-23.6.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-1-3.6; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1503; readopted filed Oct 25, 2001, 4:20 p.m.: 25 IR 939; readopted filed Jul 19, 2007, 12:54 p.m.: 20070808-IR-839070049RFA; readopted filed Nov 25, 2013, 9:18 a.m.: 20131225-IR-839130273RFA; readopted filed Nov 25, 2019, 12:13 p.m.: 20191225-IR-839190185RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-1-3.7 839 IAC 1-1-3.7 "LMHC" defined

839 IAC 1-1-3.7 "LMHC" defined

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6

Sec. 3.7. "LMHC" means a licensed mental health counselor licensed under IC 25-23.6.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-1-3.7; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1503; readopted filed Oct 25, 2001, 4:20 p.m.: 25 IR 939; readopted filed Jul 19, 2007, 12:54 p.m.: 20070808-IR-839070049RFA; readopted filed Nov 25, 2013, 9:18 a.m.: 20131225-IR-839130273RFA; readopted filed Nov 25, 2019, 12:13 p.m.: 20191225-IR-839190185RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-1-3.8 839 IAC 1-1-3.8 "LSW" defined

839 IAC 1-1-3.8 "LSW" defined

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6

Sec. 3.8. "LSW" means a licensed social worker licensed under IC 25-23.6.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-1-3.8; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1504; readopted filed Oct 25, 2001, 4:20 p.m.: 25 IR 939; readopted filed Jul 19, 2007, 12:54 p.m.: 20070808-IR-839070049RFA; readopted filed Nov 25, 2013, 9:18 a.m.: 20131225-IR-839130273RFA; readopted filed Nov 25, 2019, 12:13 p.m.: 20191225-IR-839190185RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-1-3.9 839 IAC 1-1-3.9 "LMFTA" defined

839 IAC 1-1-3.9 "LMFTA" defined

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6

Sec. 3.9. "LMFTA" means a licensed marriage and family therapist associate under IC 25-23.6.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-1-3.9; filed Jun 29, 2011, 9:12 a.m.: 20110727-IR-839090811FRA; readopted filed Nov 25, 2013, 9:18 a.m.: 20131225-IR-839130273RFA; readopted filed Nov 25, 2019, 12:13 p.m.: 20191225-IR-839190185RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-1-4 839 IAC 1-1-4 "Practitioner" defined

839 IAC 1-1-4 "Practitioner" defined

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6

Sec. 4. "Practitioner" means:

(1) a social worker;

(2) a clinical social worker;

(3) a marriage and family therapist;

(4) a marriage and family therapist associate;

(5) an addiction counselor;

(6) a clinical addiction counselor;

(7) a mental health counselor; or

(8) a mental health counselor associate;

licensed under IC 25-23.6.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-1-4; filed Jul 1, 1992, 12:00 p.m.: 15 IR 2456; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1504; readopted filed Dec 2, 2001, 12:30 p.m.: 25 IR 1308; readopted filed Jul 19, 2007, 12:54 p.m.: 20070808-IR-839070049RFA; filed Aug 1, 2012, 11:01 a.m.: 20120829-IR-839110676FRA; readopted filed Nov 25, 2013, 9:18 a.m.: 20131225-IR-839130273RFA; readopted filed Nov 25, 2019, 12:13 p.m.: 20191225-IR-839190185RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-1-5 839 IAC 1-1-5 "CSW" defined (Repealed)

839 IAC 1-1-5 "CSW" defined (Repealed)

(Repealed by Behavioral Health and Human Services Licensing Board; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1516)

839 IAC 1-1-6 839 IAC 1-1-6 "LAC" defined

839 IAC 1-1-6 "LAC" defined

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6

Sec. 6. "LAC" means a licensed addiction counselor licensed under IC 25-23.6.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-1-6; filed Aug 1, 2012, 11:01 a.m.: 20120829-IR-839110676FRA; readopted filed Nov 25, 2013, 9:18 a.m.: 20131225-IR-839130273RFA; readopted filed Nov 25, 2019, 12:13 p.m.: 20191225-IR-839190185RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-1-7 839 IAC 1-1-7 "LCAC" defined

839 IAC 1-1-7 "LCAC" defined

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6

Sec. 7. "LCAC" means a licensed clinical addiction counselor licensed under IC 25-23.6.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-1-7; filed Aug 1, 2012, 11:01 a.m.: 20120829-IR-839110676FRA; readopted filed Nov 25, 2013, 9:18 a.m.: 20131225-IR-839130273RFA; readopted filed Nov 25, 2019, 12:13 p.m.: 20191225-IR-839190185RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-1-8 839 IAC 1-1-8 "LMHCA" defined

839 IAC 1-1-8 "LMHCA" defined

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6

Sec. 8. "LMHCA" means a licensed mental health counselor associate licensed under IC 25-23.6.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-1-8; filed Aug 1, 2012, 11:01 a.m.: 20120829-IR-839110676FRA; readopted filed Nov 25, 2013, 9:18 a.m.: 20131225-IR-839130273RFA; readopted filed Nov 25, 2019, 12:13 p.m.: 20191225-IR-839190185RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

Rule 2

839 IAC 1-2-1 839 IAC 1-2-1 Application by examination

Rule 2. Licensure and Fees

839 IAC 1-2-1 Application by examination

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6

Sec. 1. (a) An applicant for licensure as a social worker, clinical social worker, marriage and family therapist, marriage and family therapist associate, addiction counselor, clinical addiction counselor, mental health counselor, or mental health counselor associate shall:

(1) make application in writing on forms provided by the board; and

(2) furnish satisfactory evidence to the board that the qualifying requirements have been met as provided for in the state licensing statutes and 839 IAC 1-3 through 839 IAC 1-5.5.

(b) Applicants for licensure as a social worker shall be required to pass the intermediate level of the national examination as provided by the Association of Social Work Boards.

(c) Applicants for licensure as a clinical social worker shall be required to pass the clinical level of the national examination as provided by the Association of Social Work Boards.

(d) Applicants for licensure as a marriage and family therapist or marriage and family therapist associate shall be required to pass the national examination as provided by the Association of Marital and Family Therapy Regulatory Boards.

(e) Applicants for licensure as a mental health counselor shall be required to pass the National Clinical Mental Health Counselor Examination as provided by the National Board for Certified Counselors.

(f) Applicants for licensure as a mental health counselor associate shall be required to pass the examination provided for mental health counselor associates by a testing service selected by the board.

(g) Applicants for licensure as an addiction counselor shall be required to pass an examination provided for addiction counselors by a testing service selected by the board.

(h) Applicants for licensure as a clinical addiction counselor shall be required to pass an examination provided for clinical addiction counselors by a testing service selected by the board.

(i) All applications for the LSW and LCSW examination must be complete in every respect, including accompanying data and the required fee.

(j) All applications for the LMHC, LMHCA, LMFT, LMFTA, LAC, and LCAC examination must be complete in every respect, including accompanying data and the required fee, and filed with the board at least ninety (90) days prior to the examination for which application is being made.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-2-1; filed Jul 1, 1992, 12:00 p.m.: 15 IR 2456; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1504; readopted filed Dec 2, 2001, 12:30 p.m.: 25 IR 1308; readopted filed Sep 26, 2008, 10:50 a.m.: 20081015-IR-839080337RFA; filed Jun 29, 2011, 9:12 a.m.: 20110727-IR-839090811FRA; filed Aug 1, 2012, 11:01 a.m.: 20120829-IR-839110676FRA; readopted filed Nov 29, 2018, 10:34 a.m.: 20181226-IR-839180402RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-2-2 839 IAC 1-2-2 License renewal

839 IAC 1-2-2 License renewal

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6-5

Sec. 2. (a) A license to practice as a:

(1) social worker;

(2) clinical social worker;

(3) marriage and family therapist;

(4) marriage and family therapist associate;

(5) mental health counselor;

(6) mental health counselor associate;

(7) addiction counselor; or

(8) clinical addiction counselor;

will expire on April 1 of even-numbered years.

(b) Applicants for renewal of licensure shall pay a renewal fee.

(c) Applications for renewal shall be mailed to the last known address of the practitioner. Failure to receive the application for renewal shall not relieve the practitioner of the responsibility for renewing the license by the renewal date.

(d) It is the responsibility of the practitioner to notify the Indiana professional licensing agency of an address change.

(e) A marriage and family therapist associate license can be renewed two (2) times. Additional renewals may be granted at the discretion of the board.

(f) If a license to practice social work, clinical social work, marriage and family therapy, mental health counseling, addiction counseling, or clinical addiction counseling has been expired for longer than three (3) years, the practitioner may renew the license by meeting the following requirements:

(1) File a renewal application provided by the board.

(2) Pay current renewal fees.

(3) Pay a penalty fee for late renewal.

(4) Submit a detailed letter of explanation to the board as to why the license has lapsed.

(5) Submit proof of having met the continuing education requirements for one (1) renewal cycle within the previous twenty-four (24) months.

(6) Make a personal appearance before the board, as the board in its discretion may require.

(7) Pass the national examination, as the board in its discretion may require.

(g) If a marriage and family therapist associate license or mental health counselor associate license has been expired for longer than one (1) year, the practitioner may not renew the license and will have to reapply as a new applicant.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-2-2; filed Jul 1, 1992, 12:00 p.m.: 15 IR 2456; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1504; readopted filed Dec 2, 2001, 12:30 p.m.: 25 IR 1308; readopted filed Sep 26, 2008, 10:50 a.m.: 20081015-IR-839080337RFA; filed Jun 29, 2011, 9:12 a.m.: 20110727-IR-839090811FRA; filed Aug 1, 2012, 11:01 a.m.: 20120829-IR-839110676FRA; readopted filed Nov 29, 2018, 10:34 a.m.: 20181226-IR-839180402RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-2-2.1 839 IAC 1-2-2.1 Licensure retirement

839 IAC 1-2-2.1 Licensure retirement

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6-8-9

Sec. 2.1. (a) An individual who:

(1) is licensed to practice:

(A) social work;

(B) clinical social work;

(D) mental health counseling;

(E) addiction counseling; or

(F) clinical addiction counseling; and

(2) would like to retire the license;

shall notify the board in writing when the individual retires from practice.

(b) An individual who has placed his or her license in retirement may not practice as:

(1) a social worker;

(2) a clinical social worker;

(3) a marriage and family therapist;

(4) a mental health counselor;

(5) an addiction counselor; or

(6) a clinical addiction counselor;

until the license has been reinstated by the board.

(1) Complete a retirement reinstatement application, provided by the board, which must be approved by the board.

(2) Pay a reinstatement fee established by the board.

(3) Submit proof of continuing education requirements, as outlined by the board, depending on the number of years the license has been in retirement as follows:

(A) Zero (0) to three (3) years, twenty (20) hours of continuing education shall be required and must be completed within twelve (12) months prior to the petition for reinstatement.

(B) Three (3) to six (6) years, forty (40) hours of continuing education shall be required and must be completed within twenty-four (24) months prior to the petition for reinstatement.

(C) Six (6) to ten (10) years, sixty (60) hours of continuing education shall be required and must be completed within thirty-six (36) months prior to the petition for reinstatement.

(D) Ten (10) years or more shall require board determination of the continuing education needed and may require a personal appearance before the board prior to reinstatement.

(E) Retirement years shall be calculated from the receipt of request to retire the license until reinstatement of the license.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-2-2.1; filed Dec 18, 2001, 9:11 a.m.: 25 IR 1633; filed Apr 9, 2003, 3:00 p.m.: 26 IR 2622; readopted filed Dec 1, 2009, 9:12 a.m.: 20091223-IR-839090777RFA; filed Aug 1, 2012, 11:01 a.m.: 20120829-IR-839110676FRA; readopted filed Nov 29, 2018, 10:34 a.m.: 20181226-IR-839180402RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-2-3 839 IAC 1-2-3 Verification; board authority

839 IAC 1-2-3 Verification; board authority

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6-5; IC 25-23.6-8

Sec. 3. An applicant, by submitting an application, authorizes the board to investigate or contact persons to verify information in the application. The board may request that the applicant provide additional verification or documentation to aid in the board's decision making.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-2-3; filed Jul 1, 1992, 12:00 p.m.: 15 IR 2456; readopted filed Oct 25, 2001, 4:20 p.m.: 25 IR 939; readopted filed Jul 19, 2007, 12:54 p.m.: 20070808-IR-839070049RFA; readopted filed Nov 25, 2013, 9:18 a.m.: 20131225-IR-839130273RFA; readopted filed Nov 29, 2018, 10:34 a.m.: 20181226-IR-839180402RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-2-4 839 IAC 1-2-4 Disclosure of credentials (Repealed)

839 IAC 1-2-4 Disclosure of credentials (Repealed)

(Repealed by Behavioral Health and Human Services Licensing Board; filed Dec 18, 2001, 9:11 a.m.: 25 IR 1634)

839 IAC 1-2-5 839 IAC 1-2-5 Fees

839 IAC 1-2-5 Fees

Authority: IC 25-1-8-2; IC 25-23.6-2-8

Affected: IC 25-23.6

Sec. 5. (a) Candidates for examination shall pay the examination fee directly to the examination service.

(b) The application/issuance fee for licensure to practice as:

(1) a social worker;

(2) a clinical social worker;

(3) a marriage and family therapist;

(4) a marriage and family therapist associate;

(5) a mental health counselor;

(6) a mental health counselor associate;

(7) an addiction counselor; or

(8) a clinical addiction counselor;

is fifty dollars ($50).

(d) The fee for verification of licensure to another state or jurisdiction is ten dollars ($10).

(e) The fee for renewal of a license to practice as:

(1) a social worker;

(2) a clinical social worker;

(3) a marriage and family therapist;

(4) a marriage and family therapist associate;

(5) a mental health counselor;

(6) a mental health counselor associate;

(7) an addiction counselor; or

(8) a clinical addiction counselor;

is fifty dollars ($50) biennially.

(f) The fee for reinstatement of a retired license to practice as:

(1) a social worker;

(2) a clinical social worker;

(3) a marriage and family therapist;

(4) a mental health counselor;

(5) an addiction counselor; or

(6) a clinical addiction counselor;

is fifty dollars ($50).

(g) The application fee for approval as a sponsor of continuing education is fifty dollars ($50).

(h) The renewal fee for approval to sponsor continuing education is fifty dollars ($50) biennially.

(i) The fee for a duplicate wall certificate is ten dollars ($10).

(j) The penalty fee for late renewal, and any additional Indiana professional licensing agency administrative fees, is set in accordance with the Indiana professional licensing agency fee schedule.

(k) All application fees are nonrefundable.

(l) The fee to join the counseling compact and have compact privileges is fifty dollars ($50).

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-2-5; filed Nov 4, 1992, 5:00 p.m.: 16 IR 870 [NOTE: 839 IAC 1-2-6 was renumbered by Legislative Services Agency as 839 IAC 1-2-5.]; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1505; readopted filed Dec 2, 2001, 12:35 p.m.: 25 IR 1307; filed Apr 9, 2003, 3:00 p.m.: 26 IR 2623; readopted filed Dec 1, 2009, 9:12 a.m.: 20091223-IR-839090777RFA; filed Jun 3, 2010, 3:17 p.m.: 20100630-IR-839090796FRA; filed Aug 1, 2012, 11:01 a.m.: 20120829-IR-839110676FRA; readopted filed Nov 29, 2018, 10:34 a.m.: 20181226-IR-839180402RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA; filed Apr 16, 2026, 10:18 a.m.: 20260513-IR-839250820FRA)

839 IAC 1-2-6 839 IAC 1-2-6 Fines and civil penalties

839 IAC 1-2-6 Fines and civil penalties

Authority: IC 25-1-9-9; IC 25-23.6-2-8

Affected: IC 25-23.6

Sec. 6. (a) Fines and civil penalties levied by the board are set at fifty percent (50%) of the statutory maximum. If no statutory maximum is set, the fine or civil penalty is set at one thousand dollars ($1,000).

(b) A fine or civil penalty levied under subsection (a) may be reduced or increased after consideration of the mitigating factors identified in subsection (c) and aggravating factors identified in subsection (d). No fine or civil penalty may be set at less than one hundred dollars ($100).

(1) Inability to pay.

(2) Acknowledging responsibility for underlying conduct.

(3) Acts prior to the underlying conduct to prevent or reduce damage to the public.

(4) Likelihood that the underlying conduct will not recur.

(5) The underlying conduct resulted from provocation, stress, emotional problems, or other circumstances that might offer an explanation.

(6) Timely and voluntary disclosure of the conduct underlying the fine or penalty.

(7) Subsequent remedial acts deemed appropriate by the board.

(d) Aggravating factors include the following:

(1) The underlying conduct resulted in moderate damage to the public.

(2) The underlying conduct resulted in severe damage to the public.

(3) The underlying conduct involved dishonesty or deception.

(4) The underlying conduct occurred as part of an overall pattern of improper conduct.

(5) The underlying conduct was motivated by bias against a protected class.

(6) Previous board discipline.

(7) The underlying conduct involved a vulnerable member of the public, including an individual:

(A) less than twelve (12) years of age;

(B) more than sixty-five (65) years of age;

(D) under the licensee's care, custody, or control.

(8) Failure to cooperate in a consumer complaint investigation or board proceeding.

(9) Dishonesty during board proceedings.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-2-6; filed Apr 15, 2025, 9:15 a.m.: 20250514-IR-839240591FRA)

Rule 3

839 IAC 1-3-1 839 IAC 1-3-1 Educational institution requirements for social worker's licensure

Rule 3. Social Workers; Clinical Social Workers

839 IAC 1-3-1 Educational institution requirements for social worker's licensure

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6-5-1

Sec. 1. "Institution of higher education approved by the board", as used in IC 25-23.6-5-1, means an institution of higher education that has a program that is accredited or approved for candidacy by the Council on Social Work Education at the time the applicant was granted the degree. For an applicant whose degree was granted prior to June 30, 1995, the term also includes a nonaccredited program in social work or clinical social work from an institution of higher education.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-3-1; filed Jul 1, 1992, 12:00 p.m.: 15 IR 2457; filed Nov 4, 1992, 5:00 p.m.: 16 IR 871; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1505, eff Jul 1, 1999; readopted filed Dec 2, 2001, 12:30 p.m.: 25 IR 1309; readopted filed Sep 26, 2008, 10:50 a.m.: 20081015-IR-839080337RFA; readopted filed Dec 1, 2014, 8:32 a.m.: 20141231-IR-839140389RFA; readopted filed Nov 30, 2020, 11:49 a.m.: 20201230-IR-839200292RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-3-2 839 IAC 1-3-2 Licensure by examination for social workers and clinical social workers

839 IAC 1-3-2 Licensure by examination for social workers and clinical social workers

Authority: IC 25-23.6-2-8

Affected: IC 25-22.5; IC 25-23.6-5-1; IC 25-23.6-5-3.5; IC 25-33

Sec. 2. (a) An applicant for licensure as a social worker or clinical social worker shall pass an examination required by the board.

(b) As used in IC 25-23.6-5-1 and IC 25-23.6-5-3.5, "experience" means full-time paid experience of at least one thousand five hundred (1,500) hours per year. Part-time experience will be considered if the applicant can verify a total of four thousand five hundred (4,500) hours, three thousand (3,000) hours of which must take place after receiving the graduate degree.

(c) As used in IC 25-23.6-5-1 and IC 25-23.6-5-3.5, supervision must be face-to-face contact between the supervisor and supervisee for the purpose of assisting the supervisee in the process of learning the skills of social work or clinical social work practice for a minimum of four (4) hours per month.

(d) Experience, as that term is used in IC 25-23.6-5-1 and IC 25-23.6-5-3.5, shall be earned as an employee in one (1) of the following settings:

(1) Social service agencies.

(2) Schools.

(3) Institutions of higher education.

(4) Hospitals.

(5) Private practice.

(6) Mental health centers.

(7) Correctional institutions.

(8) Home health agencies.

(9) Long term health care facilities.

(10) Employee assistance programs.

(11) Occupational social services.

(12) Military facilities.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-3-2; filed Jul 1, 1992, 12:00 p.m.: 15 IR 2457; filed Nov 4, 1992, 5:00 p.m: 16 IR 871; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1505, eff Jul 1, 1999; filed Oct 1, 2003, 9:28 a.m.: 27 IR 517; readopted filed Dec 1, 2009, 9:12 a.m.: 20091223-IR-839090777RFA; readopted filed Dec 1, 2014, 8:32 a.m.: 20141231-IR-839140389RFA; readopted filed Nov 30, 2020, 11:49 a.m.: 20201230-IR-839200292RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-3-2.5 839 IAC 1-3-2.5 Temporary permits for social workers and clinical social workers

839 IAC 1-3-2.5 Temporary permits for social workers and clinical social workers

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6-5-11

Sec. 2.5. (a) As used in IC 25-23.6-5-11, "the date the board disapproves the individual's license application" means the date an applicant for licensure receives notice from the board of:

(1) failure of the required examination; or

(2) denial of the individual's license application.

(b) As used in IC 25-23.6-5-11, "good cause" means any reason approved by the board following written notice to the board from the applicant within thirty (30) days of the date the applicant was scheduled to take the examination.

(c) An applicant for licensure as a social worker or as a clinical social worker who fails the initial examination may renew the temporary permit, a maximum of two (2) times, if the applicant retakes the repeat examination within six (6) months of the date of the previously failed examination; failure to take within the six (6) months will automatically invalidate the temporary permit.

(d) As used in IC 25-23.6-5-11, "national association approved by the board" means either of the following:

(1) National Association of Social Workers.

(2) Any national social work association with educational and clinical experience requirements substantially equivalent to National Association of Social Workers.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-3-2.5; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1506, eff Jul 1, 1999; readopted filed Dec 2, 2001, 12:30 p.m.: 25 IR 1309; readopted filed Sep 26, 2008, 10:50 a.m.: 20081015-IR-839080337RFA; readopted filed Dec 1, 2014, 8:32 a.m.: 20141231-IR-839140389RFA; readopted filed Nov 30, 2020, 11:49 a.m.: 20201230-IR-839200292RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-3-3 839 IAC 1-3-3 Examination exemption (Repealed)

839 IAC 1-3-3 Examination exemption (Repealed)

(Repealed by Behavioral Health and Human Services Licensing Board; filed Dec 19, 1996, 11:00 a.m.: 20 IR 1121)

839 IAC 1-3-3.5 839 IAC 1-3-3.5 Exemption from examination for social workers and clinical social workers

839 IAC 1-3-3.5 Exemption from examination for social workers and clinical social workers

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6-5-11; IC 25-23.6-5-14

Sec. 3.5. An examination shall be considered to be substantially equivalent, as used in IC 25-23.6-5-11 and IC 25-23.6-5-14, if the examination is the same examination used by the board and is equal to or higher than the level for which licensure is being requested. The board will review all examinations other than the one used by the board to determine equivalency.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-3-3.5; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1506, eff Jul 1, 1999; readopted filed Dec 2, 2001, 12:30 p.m.: 25 IR 1309; readopted filed Sep 26, 2008, 10:50 a.m.: 20081015-IR-839080337RFA; readopted filed Dec 1, 2014, 8:32 a.m.: 20141231-IR-839140389RFA; readopted filed Nov 30, 2020, 11:49 a.m.: 20201230-IR-839200292RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-3-4 839 IAC 1-3-4 Standards for the competent practice of social work and clinical social work

839 IAC 1-3-4 Standards for the competent practice of social work and clinical social work

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6

Sec. 4. (a) The competent practice of social work and clinical social work requires remaining current with generally accepted developments within the area of specialization and the development and exercise of judgment as to when to apply specific procedures in a reasonable, effective, efficient, and economical manner.

(b) The competent practice of social work and clinical social work includes acting within generally accepted ethical principles and guidelines of the profession and maintaining an awareness of personal and professional limitations. These ethical principles include, but are not limited to, the following:

(1) A social worker or clinical social worker shall provide a clear description of what the client may expect in the way of services, reports, fees, billing, and schedules.

(2) A social worker or clinical social worker shall not misrepresent the practitioner's qualifications, training, or experience. If a social worker or a clinical social worker engages in advertising, the practitioner's credentials shall be presented factually.

(3) A social worker or clinical social worker may not practice beyond the practitioner's competence. A social worker or clinical social worker shall make appropriate referrals when the client's needs exceed the practitioner's competency level. Such referrals should be timely.

(4) A social worker or clinical social worker shall assure that referrals are always based solely on the best interest of the client and not for personal gain.

(5) A social worker or clinical social worker shall not provide social work or clinical social work services while under the influence of alcohol or other mind-altering or mood-altering drugs, which impair delivery of such services.

(6) Relationships with clients shall not be exploited by the social worker or clinical social worker for personal gain. A social worker or clinical social worker shall not violate such positions of trust and dependency by committing any act detrimental to a client.

(7) A social worker or clinical social worker shall not abandon or neglect a client in need of immediate professional services without making reasonable arrangements for the provision or the continuation of services.

(8) The social worker or clinical social worker shall under no circumstances engage in sexual activities with clients.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-3-4; filed Jul 1, 1992, 12:00 p.m.: 15 IR 2458; filed Nov 4, 1992, 5:00 p.m.: 16 IR 872; readopted filed Dec 2, 2001, 12:30 p.m.: 25 IR 1310; readopted filed Sep 26, 2008, 10:50 a.m.: 20081015-IR-839080337RFA; readopted filed Dec 1, 2014, 8:32 a.m.: 20141231-IR-839140389RFA; readopted filed Nov 30, 2020, 11:49 a.m.: 20201230-IR-839200292RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-3-4.5 839 IAC 1-3-4.5 Enrollment

839 IAC 1-3-4.5 Enrollment

Authority: IC 25-23.6-2-8

Affected: P.L.147-1997, SEC. 80

Sec. 4.5. As used in P.L.147-1997, SECTION 80, "enrolled" means the point at which a student has begun to take classes to complete either a master's or doctoral degree program in social work from an institution of higher education accredited or approved for candidacy by the Council on Social Work Education.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-3-4.5; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1506; readopted filed Dec 2, 2001, 12:30 p.m.: 25 IR 1310; readopted filed Sep 26, 2008, 10:50 a.m.: 20081015-IR-839080337RFA; readopted filed Dec 1, 2014, 8:32 a.m.: 20141231-IR-839140389RFA; readopted filed Nov 30, 2020, 11:49 a.m.: 20201230-IR-839200292RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-3-5 839 IAC 1-3-5 Examination requirements

839 IAC 1-3-5 Examination requirements

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6-5-1

Sec. 5. (a) An applicant applying for licensure by examination as a clinical social worker or a social worker, approved by the board to sit for the examination, shall sit for that examination within one (1) year from the date of the initial board approval. If the exam applicant has not taken the examination within one (1) year from the date of the initial board approval, the initial board approval will be invalid and the applicant must file a new application.

(b) The board will notify the applicant in writing of examination results.

(c) Applicants determined by the board to have failed the examination, who wish to retake the examination, shall submit a repeat examination application, fees, and other requirements as stated in 839 IAC 1-2-1.

(d) Applicants who fail the examination three (3) times may be required to personally appear before the board prior to retaking the examination.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-3-5; filed Dec 18, 2001, 9:11 a.m.: 25 IR 1634; readopted filed Sep 26, 2008, 10:50 a.m.: 20081015-IR-839080337RFA; readopted filed Dec 1, 2014, 8:32 a.m.: 20141231-IR-839140389RFA; readopted filed Nov 30, 2020, 11:49 a.m.: 20201230-IR-839200292RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

Rule 4

839 IAC 1-4-1 839 IAC 1-4-1 Approved course work (Repealed)

Rule 4. Marriage and Family Therapists

839 IAC 1-4-1 Approved course work (Repealed)

(Repealed by Behavioral Health and Human Services Licensing Board; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1516)

839 IAC 1-4-2 839 IAC 1-4-2 Certification by examination (Repealed)

839 IAC 1-4-2 Certification by examination (Repealed)

(Repealed by Behavioral Health and Human Services Licensing Board; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1516)

839 IAC 1-4-3 839 IAC 1-4-3 Exemption from examination (Repealed)

839 IAC 1-4-3 Exemption from examination (Repealed)

(Repealed by Behavioral Health and Human Services Licensing Board; filed Dec 19, 1996, 11:00 a.m.: 20 IR 1121)

839 IAC 1-4-3.1 839 IAC 1-4-3.1 Educational requirements for marriage and family therapists and marriage and family therapist associates

839 IAC 1-4-3.1 Educational requirements for marriage and family therapists and marriage and family therapist associates

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6-8

Sec. 3.1. (a) As used in IC 25-23.6-8-1, "master's degree in an area related to marriage and family therapy" means a degree earned in one (1) of the following areas of study:

(1) Clinical social work.

(2) Psychology.

(3) Counseling.

(4) Pastoral counseling.

(5) Programs accredited by the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE).

(6) Another degree area as determined by the board.

(b) An applicant for licensure as a marriage and family therapist with a graduate degree not listed in subsection (a), or an applicant asserting that his or her program is equivalent to a program in marriage and family therapy whose content areas are listed in IC 25-23.6-8-2.5, must provide the board with the following information:

(1) Evidence that their degree program and any additional course work are equivalent to the criteria for a graduate degree in marriage and family therapy as set forth in this section.

(2) An official college transcript.

(3) Appropriate certifications or affidavits from university officials.

(4) Any additional supporting documentation as requested by the board.

(c) As used in IC 25-23.6-8-2.1(a)(1), "regional accrediting body" means a college or university that was accredited prior to or within two (2) years of the time of the applicant's graduation by one (1) of the following:

(1) New England Association of Schools and Colleges.

(2) Middle States Association of Colleges and Schools.

(3) North Central Association of Colleges and Schools.

(4) Northwest Association of Schools and Colleges.

(5) Southern Association of Schools and Colleges.

(6) Western Association of Schools and Colleges.

(d) An applicant for licensure as a marriage and family therapist under IC 25-23.6-8 must show successful completion of a degree curriculum that shall encompass a minimum of twenty-seven (27) semester hours or forty-one (41) quarter hours of graduate course work. If the course titles as stated on the transcript do not clearly reflect the course work content areas as listed in IC 25-23.6-8-2.5, the applicant must document the course or combination of courses in which the material was covered. Only graduate level courses are acceptable for establishing equivalency. The board will not accept course work counted or credited toward an undergraduate degree.

(e) The following criteria shall be used to identify a master's or doctoral program in marriage and family therapy or an area related to marriage and family therapy:

(1) The program, wherever it may be housed, shall:

(A) be clearly identified as a marriage and family therapy program in pertinent catalogs and brochures; and

(B) specify the program's intent to educate and train marriage and family therapists.

(2) There shall be a clear authority and primary responsibility for the core and specialty areas, whether or not the program cuts across administrative lines.

(3) The program shall have an identifiable marriage and family therapy professional responsible for the program.

(4) The program shall have an identifiable body of students who are matriculated in that program for a degree.

(5) The program shall include a supervised clinical practicum, internship, or field experience in marriage and family therapy.

(f) As used in IC 25-23.6-8-2.5(a)(3), "practicum" means a distinctly defined supervised curricular experience intended to enable the student to develop basic therapy skills and to integrate professional knowledge and skills appropriate to the student's program emphasis. The practicum shall be a minimum of five hundred (500) face-to-face client contact hours and include a minimum of one hundred (100) hours of supervision from an LMFT who has at least five (5) years of experience.

(g) The supervision of the clinical practicum, internship, or field experience in marriage and family therapy experiences listed in this section are tutorial forms of instruction. Individual supervision is supervision rendered to not more than two (2) individuals at a time and group supervision is supervision rendered to at least two (2) and not more than ten (10) individuals at one (1) time.

(h) As used in IC 25-23.6-8-2.5(a)(3)(B), "one hundred (100) hours of supervision" refers to the entire clinical experience requirement of five hundred (500) hours. This includes individual and group supervision. The applicant must document that at least one hundred (100) hours were spent with an LMFT supervisor who has at least five (5) years of experience or a qualified supervisor approved by the board. The graduate marriage and family therapy student may work away from the premises of the educational institution but must:

(1) be enrolled in a clinical practicum, internship, or field experience in marriage and family therapy; and

(2) conduct therapy under the auspices of that graduate program.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-4-3.1; filed Jun 29, 2011, 9:12 a.m.: 20110727-IR-839090811FRA; readopted filed Dec 1, 2017, 1:53 p.m.: 20171227-IR-839170403RFA; readopted filed Aug 31, 2023, 9:34 a.m.: 20230927-IR-839230100RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-4-3.2 839 IAC 1-4-3.2 Experience requirements for marriage and family therapists

839 IAC 1-4-3.2 Experience requirements for marriage and family therapists

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6-8-2.7

Sec. 3.2. (a) As used in IC 25-23.6-8-2.7, "one thousand (1,000) hours of postgraduate clinical experience" means experience under approved supervision, acquired over not less than twenty-four (24) months, any time subsequent to the date:

(1) the individual is licensed as a marriage and family therapist associate; or

(2) certified by the degree-granting institution showing completion of all requirements for the master's degree issued prior to July 1, 2008.

The doctoral student may use hours accrued during a doctoral practicum or internship toward the postgraduate clinical experience.

(b) As used in IC 25-23.6-8-2.7(a), "individual supervision" means face-to-face supervision with an equivalent supervisor and not more than two (2) individuals.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-4-3.2; filed Jun 29, 2011, 9:12 a.m.: 20110727-IR-839090811FRA; readopted filed Dec 1, 2017, 1:53 p.m.: 20171227-IR-839170403RFA; readopted filed Aug 31, 2023, 9:34 a.m.: 20230927-IR-839230100RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-4-3.3 839 IAC 1-4-3.3 Examination requirements for marriage and family therapist and marriage and family therapist associate

839 IAC 1-4-3.3 Examination requirements for marriage and family therapist and marriage and family therapist associate

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6-8-3

Sec. 3.3. (a) An applicant for licensure by examination as a marriage and family therapist or marriage and family therapist associate, approved by the board to sit for the examination, shall sit for that examination within one (1) year from the date of the initial board approval. If the examination applicant has not taken the examination within one (1) year from the date of the initial board approval, the initial board approval will be invalid and the applicant must file a new application.

(b) The board will notify the applicant in writing of examination results.

(d) Applicants who fail the examination three (3) times may be required to personally appear before the board prior to retaking the examination.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-4-3.3; filed Jun 29, 2011, 9:12 a.m.: 20110727-IR-839090811FRA; readopted filed Dec 1, 2017, 1:53 p.m.: 20171227-IR-839170403RFA; readopted filed Aug 31, 2023, 9:34 a.m.: 20230927-IR-839230100RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-4-4 839 IAC 1-4-4 Standards for the competent practice of marriage and family therapy

839 IAC 1-4-4 Standards for the competent practice of marriage and family therapy

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6

Sec. 4. (a) Marriage and family therapists shall not exploit the trust and dependency of clients. Marriage and family therapists shall avoid dual relationships with clients that could impair their professional judgment or increase the risk of exploitation. Examples of such dual relationships include, but are not limited to, business or close personal relationships with clients.

(b) Marriage and family therapists shall respect the right of clients to make decisions and help them to understand the consequences of these decisions. Marriage and family therapists shall clearly advise a client that a decision on marital status is the responsibility of the client.

(c) Marriage and family therapists shall continue therapeutic relationships only so long as it is reasonably clear that clients are benefiting from the relationship.

(d) Marriage and family therapists shall not abandon or neglect clients in treatment without making reasonable arrangements for the continuation of such treatment.

(e) Marriage and family therapists may use client and/or clinical materials in teaching, writing, and public presentations only if a written waiver has been received from the client or when appropriate steps have been taken to protect client identity.

(f) Marriage and family therapists shall store or dispose of client records in ways that maintain confidentiality.

(g) Marriage and family therapists shall seek to remain abreast of new developments in family therapy knowledge and practices through both educational activities and clinical experiences.

(h) Marriage and family therapists shall not attempt to diagnose, treat, or advise on problems outside their competence.

(i) Marriage and family therapists shall not offer or accept payment for referrals.

(j) Marriage and family therapists shall disclose the marriage and family therapist's fee structure to clients at the onset of treatment.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-4-4; filed Jul 1, 1992, 12:00 p.m.: 15 IR 2459; readopted filed Oct 25, 2001, 4:20 p.m.: 25 IR 939; readopted filed Jul 19, 2007, 12:54 p.m.: 20070808-IR-839070049RFA; readopted filed Nov 25, 2013, 9:18 a.m.: 20131225-IR-839130273RFA; readopted filed Nov 25, 2019, 12:13 p.m.: 20191225-IR-839190185RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-4-5 839 IAC 1-4-5 Supervision for marriage and family therapist licensure applicants

839 IAC 1-4-5 Supervision for marriage and family therapist licensure applicants

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6-8-2.5; IC 25-23.6-8-2.7

Sec. 5. (a) As used in IC 25-23.6-8-2.5, "qualified supervisor" means any of the following:

(1) An American Association for Marriage and Family Therapy approved supervisor.

(2) An American Association for Marriage and Family Therapy supervisor candidate.

(3) A supervisor who has demonstrated to the marriage and family therapy section of the board possession of a master's degree or higher in the mental health field, training and supervision in marriage and family therapy that focused on family systems, and completion of at least thirty (30) clock hours in marriage and family therapy supervision training.

(b) As used in IC 25-23.6-8-2.7, "equivalent supervisor" means an individual who is licensed in a mental health field or, if the supervision was provided in a state where no regulation exists, by a mental health professional of equivalent status, and is any of the following:

(1) An American Association for Marriage and Family Therapy approved supervisor.

(2) An American Association for Marriage and Family Therapy supervisor candidate.

(3) A supervisor who:

(A) demonstrates to the board training, education, and experience in marriage and family therapy by providing to the board:

(i) a state marriage and family therapy credential;

(ii) American Association for Marriage and Family Therapy clinical membership; or

(iii) other documentation of training, education, and experience in individual, couple, and family therapy; and

(B) provides documentation of training, education, and experience in individual, couple, and family therapy supervision by providing to the board:

(i) a state marriage and family therapy credential to provide marriage and family therapy supervision;

(ii) completed course work or continuing education in marriage and family therapy supervision;

(iii) significant marriage and family therapy supervised supervision experience; or

(iv) more than five (5) years experience supervising marriage and family therapy.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-4-5; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1507, eff Jul 1, 1999; filed Oct 1, 2003, 9:28 a.m.: 27 IR 518; readopted filed Dec 1, 2009, 9:12 a.m.: 20091223-IR-839090777RFA; filed Jun 29, 2011, 9:12 a.m.: 20110727-IR-839090811FRA; readopted filed Dec 1, 2017, 1:53 p.m.: 20171227-IR-839170403RFA; readopted filed Aug 31, 2023, 9:34 a.m.: 20230927-IR-839230100RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-4-6 839 IAC 1-4-6 Temporary permits for marriage and family therapists

839 IAC 1-4-6 Temporary permits for marriage and family therapists

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6-8-10

Sec. 6. (a) As used in IC 25-23.6-8-10, "the date the board disapproves the individual's license application" means the date an applicant for licensure receives notice of:

(1) failure of the required examination; or

(2) denial of the individual's license application.

(b) As used in IC 25-23.6-8-10, "good cause" means any reason approved by the board following written notice to the board from the applicant within thirty (30) days of the date the applicant was scheduled to take the examination.

(c) An applicant for licensure as a marriage and family therapist who fails the required examination shall not be issued a second temporary permit.

(d) As used in IC 25-23.6-8-10, "national association approved by the board" means either of the following:

(1) Clinical membership in the American Association for Marriage and Family Therapy.

(2) Clinical membership in any national marriage and family therapy association with educational and clinical experience requirements substantially equivalent to the American Association for Marriage and Family Therapy.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-4-6; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1507, eff Jul 1, 1999; readopted filed Dec 2, 2001, 12:30 p.m.: 25 IR 1310; readopted filed Sep 26, 2008, 10:50 a.m.: 20081015-IR-839080337RFA; readopted filed Dec 1, 2014, 8:32 a.m.: 20141231-IR-839140389RFA; readopted filed Nov 30, 2020, 11:49 a.m.: 20201230-IR-839200292RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-4-7 839 IAC 1-4-7 Examination exemption for marriage and family therapists

839 IAC 1-4-7 Examination exemption for marriage and family therapists

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6-8-13

Sec. 7. An examination shall be considered to be substantially equivalent, as used in IC 25-23.6-8-13, if:

(1) the examination is the same examination used by the board; or

(2) the board, after reviewing the examination, finds it comparable to the examination used by the board.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-4-7; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1507, eff Jul 1, 1999; readopted filed Oct 25, 2001, 4:20 p.m.: 25 IR 939; readopted filed Jul 19, 2007, 12:54 p.m.: 20070808-IR-839070049RFA; readopted filed Nov 25, 2013, 9:18 a.m.: 20131225-IR-839130273RFA; readopted filed Nov 25, 2019, 12:13 p.m.: 20191225-IR-839190185RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

Rule 5

839 IAC 1-5-1 839 IAC 1-5-1 Educational requirements for mental health counselors and mental health counselor associates

Rule 5. Mental Health Counselors

839 IAC 1-5-1 Educational requirements for mental health counselors and mental health counselor associates

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6-8.5

Sec. 1. (a) As used in IC 25-23.6-8.5-1, "master's degree in an area related to mental health counseling" means a degree earned in one (1) of the following programs:

(1) Clinical social work.

(2) Psychology.

(3) Human services.

(4) Human development.

(5) Family relations.

(6) Counseling.

(7) Programs accredited by the Council for Accreditation of Counseling and Related Education Programs (CACREP) or the Council on Rehabilitation Education (CORE).

(b) An applicant for licensure as a mental health counselor or mental health counselor associate with a graduate degree not listed in subsection (a), or an applicant asserting that his or her program is equivalent to a program in counseling whose content areas are listed in IC 25-23.6-8.5-3, must provide the board with the following information:

(1) Evidence that their degree program and any additional course work are equivalent to the criteria for a graduate degree in counseling as set forth in this section.

(2) An official college transcript.

(3) Appropriate certifications or affidavits from university officials.

(4) Any additional supporting documentation as requested by the board.

(c) As used in IC 25-23.6-8.5-2, "regional accrediting body" means a college or university that was accredited prior to or within two (2) years of the time of the applicant's graduation by one (1) of the following:

(1) New England Association of Schools and Colleges.

(2) Middle States Association of Colleges and Schools.

(3) North Central Association of Colleges and Schools.

(4) Northwest Association of Schools and Colleges.

(5) Southern Association of Schools and Colleges.

(6) Western Association of Schools and Colleges.

(d) An applicant for licensure as a mental health counselor or mental health counselor associate under IC 25-23.6-8.5 must show successful completion of a degree curriculum that shall encompass a minimum of forty-eight (48) semester hours or seventy-two (72) quarter hours of graduate study for the master's degree or a minimum of ninety-six (96) semester hours or one hundred forty-four (144) quarter hours of graduate study for the doctoral degree. If the course titles as stated on the transcript do not clearly reflect the course work content areas as listed in IC 25-23.6-8.5-3, the applicant must document the course or combination of courses in which the material was covered. Further, the applicant for licensure shall document a minimum of sixty (60) semester hours or ninety (90) quarter hours of graduate credit in mental health counseling or a related field. Only graduate level courses are acceptable for establishing equivalency. The board will not accept course work counted or credited toward an undergraduate degree.

(e) The following criteria shall be used to identify a master's or doctoral program in counseling or an area related to mental health counseling:

(1) The program, wherever it may be housed, shall:

(A) be clearly identified as a counseling program in pertinent catalogs and brochures; and

(B) specify the program's intent to educate and train counselors.

(2) There shall be a clear authority and primary responsibility for the core and specialty areas, whether or not the program cuts across administrative lines.

(3) The program shall have the following:

(A) An identifiable mental health professional responsible for the program.

(B) An integrated, organized sequence of study that follows the CACREP standards.

(4) The program shall include a supervised practicum and internship.

(5) The degree program may or may not include an advanced internship. However, the advanced internship must be conducted in a setting focused on mental health counseling or mental health services, or both, under the auspices of an approved graduate counseling program.

(f) As used in IC 25-23.6-8.5-3, "practicum" means a distinctly defined, supervised curricular experience intended to enable the student to develop basic counseling skills and to integrate professional knowledge and skills appropriate to the student's program emphasis. The practicum shall be a minimum of one hundred (100) clock hours and include the following:

(1) A minimum of forty (40) hours of direct service with clients so that experience can be gained in individual and group interactions. At least one-fourth (1/4) of these hours should be in group work.

(2) A minimum of one (1) hour per week of individual supervision, over a minimum of one (1) academic term by a program faculty member or a supervisor working under the supervision of a program faculty member, using at least one (1) of the following:

(A) Audiotape.

(B) Videotape.

(3) A minimum of one and one-half (1 1/2) hours per week of group supervision with other students in similar practica over a minimum of one (1) academic term by a program faculty member or a supervisor working under the supervision of a program faculty member.

(4) An evaluation of the student's performance throughout the practicum, including a formal evaluation at the completion of the practicum.

(g) As used in IC 25-23.6-8.5-3, "internship" means a distinctly defined, supervised curricular experience intended to enable the student to refine and enhance basic counseling skills, to develop more advanced counseling skills, and to integrate professional knowledge and skills appropriate to the student's initial postgraduation professional placement. A supervised internship of six hundred (600) clock hours that is begun after successful completion of the student's practicum includes the following:

(1) A minimum of two hundred forty (240) hours of direct service with clients appropriate to the program of study.

(2) A minimum of one (1) hour per week of individual supervision, throughout the internship, usually performed by the on-site supervisor.

(3) A minimum of one and one-half (1 1/2) hours per week of group supervision, throughout the internship, usually performed by a program faculty member supervisor.

(4) The opportunity for the student to become familiar with a variety of professional activities other than direct service.

(5) The opportunity for the student to develop audiotapes or videotapes, or both, of the student's interactions with clients appropriate for use in supervision.

(6) The opportunity for the student to gain supervised experience in the use of a variety of professional resources, such as the following:

(A) Assessment instruments.

(B) Computers.

(D) Professional literature.

(E) Research.

(F) Information and referral to appropriate providers.

(7) A formal evaluation of the student's performance during the internship, by a program faculty supervisor, in consultation with the site supervisor.

(h) The practicum and internship experiences listed in this section are tutorial forms of instruction. Individual supervision is supervision rendered to one (1) person at a time, and group supervision is supervision rendered to at least two (2) and not more than twelve (12) individuals at one (1) time.

(i) As used in IC 25-23.6-8.5-3, "advanced internship" means a minimum of three hundred (300) clock hours of supervised experience that must be completed in a setting in which the individual is providing mental health services under the direct supervision of a professional as defined in subsection (m).

(j) The required practicum, internship, and advanced internship experiences listed in this section must have been primarily in the provision of direct counseling services. This includes knowledge, skill, or experience derived from direct observations of, and participation in, the practice of counseling. No course intended primarily for practice in the administration and grading of appraisal or assessment instruments shall count toward these clinical semester hour requirements.

(k) The required experiences gained through the practicum, internship, and advanced internship may not be taken concurrently, and the academic credit must appear on the applicant's official graduate transcript.

(l) As used in IC 25-23.6-8.5-3, "one hundred (100) hours of face-to-face supervision" refers to the entire clinical experience requirement of one thousand (1,000) hours. This includes individual and group supervision. The applicant must document that at least one hundred (100) hours were spent face-to-face with a supervisor during the practicum, internship, and advanced internship. The graduate counseling student may work away from the premises of the educational institution but must:

(1) be enrolled in a counseling practicum, internship, or advanced internship; and

(2) conduct counseling under the auspices of that graduate program.

(m) As used in IC 25-23.6-8.5-3, "supervised practice experience" means experience gained under supervision provided by:

(1) a counselor educator;

(2) a licensed master's level or doctoral level:

(A) mental health counselor;

(B) clinical social worker;

(D) physician who has training in psychiatric medicine;

(E) psychologist; or

(F) clinical nurse specialist in psychiatric or mental health nursing; or

(3) another state-regulated mental health professional or, if the experience was gained in a state where no regulation exists, by a mental health professional of equivalent status.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-5-1; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1507; readopted filed Dec 2, 2001, 12:30 p.m.: 25 IR 1311; filed Oct 1, 2003, 9:28 a.m.: 27 IR 518; readopted filed Dec 1, 2009, 9:12 a.m.: 20091223-IR-839090777RFA; filed Aug 1, 2012, 11:01 a.m.: 20120829-IR-839110676FRA; readopted filed Nov 29, 2018, 10:34 a.m.: 20181226-IR-839180402RFA; readopted filed Aug 31, 2023, 9:34 a.m.: 20230927-IR-839230100RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-5-1.5 839 IAC 1-5-1.5 Experience requirements for mental health counselors

839 IAC 1-5-1.5 Experience requirements for mental health counselors

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6-8.5-4

Sec. 1.5. (a) As used in IC 25-23.6-8.5-4, "three thousand (3,000) hours of postgraduate clinical experience over a two (2) year period" means experience under approved supervision, acquired over no less than twenty-one (21) months and over no more than forty-eight (48) months, any time subsequent to the date certified by the degree-granting institution as that on which all requirements for the master's degree have been completed. The doctoral student may continue to accrue hours for this clinical experience requirement once the doctoral internship has been completed.

(b) As used in IC 25-23.6-8.5-4, "equivalent supervisor" means an individual who is supervising within their scope of experience and training and is any of the following:

(1) Licensed as a clinical social worker.

(2) Licensed as a marriage and family therapist.

(3) Licensed as a physician who has training in psychiatric medicine.

(4) Licensed as a psychologist.

(5) Licensed as a clinical nurse specialist in psychiatric or mental health nursing.

(6) A mental health professional of equivalent status if the supervision was provided in a state where no regulation exists.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-5-1.5; filed Oct 1, 2003, 9:28 a.m.: 27 IR 520; readopted filed Dec 1, 2009, 9:12 a.m.: 20091223-IR-839090777RFA; readopted filed Nov 13, 2015, 11:16 a.m.: 20151209-IR-839150243RFA; readopted filed Nov 29, 2018, 10:34 a.m.: 20181226-IR-839180402RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-5-2 839 IAC 1-5-2 Examination requirements for mental health counselors and mental health counselor associates

839 IAC 1-5-2 Examination requirements for mental health counselors and mental health counselor associates

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6-8.5-5

Sec. 2. (a) An applicant for licensure by examination as a mental health counselor or mental health counselor associate, approved by the board to sit for the examination, shall sit for that examination within one (1) year from the date of the initial board approval. If the exam applicant has not taken the examination within one (1) year from the date of the initial board approval, the initial board approval will be invalid and the applicant must file a new application.

(b) The board will notify the applicant in writing of examination results.

(d) Applicants who fail the examination three (3) times shall personally appear before the board prior to retaking the examination.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-5-2; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1509; readopted filed Dec 2, 2001, 12:30 p.m.: 25 IR 1313; readopted filed Sep 26, 2008, 10:50 a.m.: 20081015-IR-839080337RFA; filed Aug 1, 2012, 11:01 a.m.: 20120829-IR-839110676FRA; readopted filed Nov 29, 2018, 10:34 a.m.: 20181226-IR-839180402RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-5-3 839 IAC 1-5-3 Temporary permits for mental health counselors

839 IAC 1-5-3 Temporary permits for mental health counselors

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6-8.5-10

Sec. 3. (a) As used in IC 25-23.6-8.5-10, "the date the board disapproves the individual's license application" means the date an applicant for licensure receives notice of:

(1) failure of the required examination; or

(2) denial of the individual's license application.

(b) As used in IC 25-23.6-8.5-10, "good cause" means any reason approved by the board following written notice to the board from the applicant within thirty (30) days of the date the applicant was scheduled to take the examination.

(c) An applicant for licensure as a mental health counselor who fails the required examination shall not be issued a second temporary permit.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-5-3; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1510; readopted filed Dec 2, 2001, 12:30 p.m.: 25 IR 1313; readopted filed Sep 26, 2008, 10:50 a.m.: 20081015-IR-839080337RFA; filed Aug 1, 2012, 11:01 a.m.: 20120829-IR-839110676FRA; readopted filed Nov 29, 2018, 10:34 a.m.: 20181226-IR-839180402RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-5-4 839 IAC 1-5-4 Exemption from examination for mental health counselors

839 IAC 1-5-4 Exemption from examination for mental health counselors

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6-8.5-12

Sec. 4. (a) As used in IC 25-23.6-8.5-12, "exempted by the board from the examination requirement" means the board will not grant blanket reciprocity to applicants for licensure as a mental health counselor under this section. Minimum standards for licensure set by the other state at the time the applicant's mental health counselor licensure was granted in that state will be compared for equivalency with the minimum standards for Indiana licensure. The board will review each applicant for licensure as a mental health counselor by examination exemption on an individual basis.

(b) As used in IC 25-23.6-8.5-12, "engaged in the practice of mental health counseling" means the applicant has worked at least five (5) hours per week, averaged over the entire time the applicant has been in practice, with no more than a one (1) year's absence from the practice of mental health counseling, except the following:

(1) If the applicant has more than one (1) year's absence from practice of mental health counseling, the board will review the reason for such absence on an individual basis.

(2) If the applicant has taught mental health counseling, the applicant may count the hours spent teaching as hours of active practice of mental health counseling, provided such teaching was in courses in the same or similar field of mental health counseling as the competency area claimed by the applicant. Teaching shall include time spent in preparation, in meeting with students, and in related activities. Teaching of mental health counseling shall not count for more than seventy percent (70%) of the number of active practice hours claimed by the applicant.

(c) An examination shall be considered to be substantially equivalent, as used in IC 25-23.6-8.5-12, if the examination is either the same examination used by the board or an examination that tested the clinical skills and knowledge of the applicant. The board will review all examinations other than the one used by the board to determine equivalency.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-5-4; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1510; readopted filed Oct 25, 2001, 4:20 p.m.: 25 IR 939; readopted filed Jul 19, 2007, 12:54 p.m.: 20070808-IR-839070049RFA; readopted filed Nov 25, 2013, 9:18 a.m.: 20131225-IR-839130273RFA; readopted filed Nov 29, 2018, 10:34 a.m.: 20181226-IR-839180402RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-5-5 839 IAC 1-5-5 Standards for the competent practice of mental health counseling

839 IAC 1-5-5 Standards for the competent practice of mental health counseling

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6

Sec. 5. The licensed mental health counselor must comply with IC 25-23.6 governing the practice of mental health counseling and shall abide by the following standards:

(1) A mental health counselor's primary professional responsibility is to the client. The mental health counselor shall make every reasonable effort to advance the welfare and best interests of the client, including respecting the rights of those persons seeking assistance and making reasonable efforts to ensure that the mental health counselor's services are used appropriately.

(2) The mental health counselor shall act in accordance with the highest standards of professional integrity and competence. The mental health counselor is honest in dealing with clients, students, trainees, colleagues, and the public. The mental health counselor seeks to eliminate incompetence or dishonesty from the profession.

(3) The mental health counselor holds in confidence information obtained in the course of professional service; the mental health counselor safeguards client confidences as permitted by law.

(4) The mental health counselor respects the rights and responsibilities of professional colleagues and, as the employee of an organization, remains accountable as an individual to the ethical principles of the profession. The mental health counselor treats colleagues with respect and good faith and relates to the clients of colleagues with full professional consideration.

(5) When using assessment instruments or techniques, the mental health counselor shall make every effort to promote the welfare and best interests of the client. The mental health counselor guards against the misuse of assessment results, and respects the client's right to know the results, the interpretations, and the basis for any conclusions or recommendations.

(6) The mental health counselor recognizes that research activities must be conducted with full respect for the rights and dignity of participants and with full concern for their welfare. Participation in research must be voluntary unless it can be demonstrated that involuntary participation will have no harmful effects on the subjects and is essential to the investigation.

(7) The mental health counselor adheres to professional rather than commercial standards when making known his or her availability for professional services. The mental health counselor shall provide information that accurately informs the public of the professional services, expertise, and techniques available.

(8) The mental health counselor shall not abandon or neglect clients in treatment without making reasonable arrangements for the continuation of such treatment.

(9) The mental health counselor is aware of anything that might interfere with the counselor's effectiveness and shall refrain from any activity that might lead to inadequate performance or harm to anyone, including himself or herself and the client.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-5-5; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1510; readopted filed Oct 25, 2001, 4:20 p.m.: 25 IR 939; readopted filed Jul 19, 2007, 12:54 p.m.: 20070808-IR-839070049RFA; readopted filed Nov 25, 2013, 9:18 a.m.: 20131225-IR-839130273RFA; readopted filed Nov 29, 2018, 10:34 a.m.: 20181226-IR-839180402RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-5-6 839 IAC 1-5-6 Examination exemption for mental health counselors (Repealed)

839 IAC 1-5-6 Examination exemption for mental health counselors (Repealed)

(Repealed by Behavioral Health and Human Services Licensing Board; filed Dec 18, 2001, 9:11 a.m.: 25 IR 1634)

Rule 5.5

839 IAC 1-5.5-1 839 IAC 1-5.5-1 Educational requirements for addiction counselors

Rule 5.5. Addiction Counselors; Clinical Addiction Counselors

839 IAC 1-5.5-1 Educational requirements for addiction counselors

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6-10.5

Sec. 1. (a) As used in IC 25-23.6-10.5-1, "a baccalaureate degree in addiction counseling or in a related area" means a degree earned in one (1) of the following:

(1) Addiction studies

(2) Chemical dependency.

(3) Social work.

(4) Psychology.

(5) Human services.

(6) Human development.

(7) Family relations.

(8) Counseling.

(b) If an applicant is seeking licensure as an addiction counselor based upon a baccalaureate degree not listed in subsection (a), the applicant must provide the board with the following information:

(1) Evidence that their degree program and any additional course work are equivalent to the criteria for a baccalaureate degree in addiction counseling as set forth in this section.

(2) An official college transcript.

(3) Appropriate certifications or affidavits from university officials.

(4) Any additional supporting documentation as requested by the board.

(c) As used in IC 25-23.6-10.5-3, "eligible postsecondary educational institution" means a college or university that was accredited prior to the applicant's graduation or within two (2) years from the date of the applicant's graduation by one (1) of the following:

(1) New England Association of Schools and Colleges.

(2) Middle States Association of Colleges and Schools.

(3) North Central Association of Colleges and Schools.

(4) Northwest Association of Schools and Colleges.

(5) Southern Association of Schools and Colleges.

(6) Western Association of Schools and Colleges.

(d) An applicant for licensure as an addiction counselor must show successful completion of the degree curriculum set forth in IC 25-23.6-10.5-5 with a minimum of forty (40) semester hours or sixty (60) quarter hours of course work in the following content areas:

(1) Addictions theory.

(2) Psychoactive drugs.

(3) Addictions counseling skills.

(4) Theories of personality.

(5) Developmental psychology.

(6) Abnormal psychology.

(7) Treatment planning.

(8) Cultural competency.

(9) Ethics and professional development.

(10) Family education.

If the course titles as stated on the transcript do not clearly reflect the course work content areas as listed in IC 25-23.6-10.5-5, the applicant must document the course or combination of courses in which the material was covered. At the discretion of the board, applicants may be required to provide further documentation, beyond an official transcript, to demonstrate that submitted course work covered the required content areas.

(e) When evaluating an applicant's baccalaureate degree in addiction counseling or in a related area, the board shall consider, as factors in its evaluation, whether the degree granting program:

(1) identifies itself as an addiction counseling program in its catalogs and brochures and demonstrates the program's intent to educate and train counselors in its advertising materials;

(2) has an identifiable addiction counseling professional responsible for the program who has clear authority and primary responsibility for the core and specialty areas, whether or not the program cuts across administrative lines;

(3) has an integrated and organized sequence of study;

(4) has an identifiable body of students who are matriculated in that program for a degree;

(5) includes a supervised practicum, internship, or field experience; and

(6) the degree program practicum, internship, or field experience should be conducted in a setting focused on addiction counseling services under the auspices of an approved addiction counseling program.

(f) The required practicum, internship, or field experience listed in this section must have been primarily in the provision of direct addiction counseling services. This includes knowledge, skill, or experience derived from direct observations of, and participation in, the practice of addiction counseling. No course intended primarily for practice in the administration and grading of appraisal or assessment instruments shall count toward these clinical semester hour requirements.

(g) As used in IC 25-23.6-10.5-5, "supervised practice, internship, or field experience" means experience gained under an individual who is supervising within his or her scope of experience and training and holds an active license at the time of the supervision as:

(1) an addiction counselor;

(2) a clinical addiction counselor;

(3) a mental health counselor;

(4) a clinical social worker;

(5) a marriage and family therapist;

(6) a physician with training in psychiatric medicine;

(7) a psychologist;

(8) a clinical nurse specialist in psychiatric or mental health nursing; or

(9) another state-regulated addiction counseling professional or, if the experience was gained in a state where no regulation exists, by an addictions or behavioral health professional of equivalent status;

who has at least three (3) years of experience in providing addiction services.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-5.5-1; filed Aug 1, 2012, 11:01 a.m.: 20120829-IR-839110676FRA; readopted filed Nov 29, 2018, 10:34 a.m.: 20181226-IR-839180402RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-5.5-2 839 IAC 1-5.5-2 Experience requirements for addiction counselors

839 IAC 1-5.5-2 Experience requirements for addiction counselors

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6-10.5-7

Sec. 2. (a) As used in IC 25-23.6-10.5-7, "two (2) years of addiction counseling experience that must include at least one hundred fifty (150) hours under supervision" means experience under approved supervision, acquired over not less than twenty-one (21) months and over not more than forty-eight (48) months, at any time subsequent to the date certified by the degree-granting institution as that on which all requirements for the baccalaureate degree have been completed. A doctoral student may accrue hours for this addiction counseling experience requirement during a doctoral internship.

(b) As used in IC 25-23.6-10.5-7, "qualified supervisor" means an individual who is supervising within his or her scope of experience and training and holds an active license at the time of supervision as:

(1) a clinical addiction counselor;

(2) a clinical social worker;

(3) a marriage and family therapist;

(4) a physician with training in psychiatric medicine;

(5) a psychologist;

(6) a clinical nurse specialist in psychiatric or mental health nursing; or

(7) another state-regulated addiction counseling professional or, if the experience was gained in a state where no regulation exists, by an addictions or behavioral health professional of equivalent status;

who has at least three (3) years of experience in providing addiction services.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-5.5-2; filed Aug 1, 2012, 11:01 a.m.: 20120829-IR-839110676FRA; readopted filed Nov 29, 2018, 10:34 a.m.: 20181226-IR-839180402RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-5.5-3 839 IAC 1-5.5-3 Educational requirements for clinical addiction counselors

839 IAC 1-5.5-3 Educational requirements for clinical addiction counselors

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6-10.5

Sec. 3. (a) As used in IC 25-23.6-10.5-2, "master's degree or doctor's degree in addiction counseling, addiction therapy, or a related area" means a degree earned in one (1) of the following programs:

(1) Addiction studies.

(2) Chemical dependency.

(3) Social work.

(4) Psychology.

(5) Human services.

(6) Human development.

(7) Family relations.

(8) Counseling.

(b) If an applicant is seeking licensure as an addiction counselor based upon a graduate degree not listed in subsection (a), the applicant must provide the board with the following information:

(1) Evidence that their degree program and any additional course work are equivalent to the criteria for a graduate degree in addiction counseling as set forth in this section.

(2) An official college transcript.

(3) Appropriate certifications or affidavits from university officials.

(4) Any additional supporting documentation as requested by the board.

(c) As used in IC 25-23.6-10.5-4, "eligible postsecondary educational institution" means a college or university that was accredited prior to the applicant's graduation or within two (2) years from the date of the applicant's graduation by one (1) of the following:

(1) New England Association of Schools and Colleges.

(2) Middle States Association of Colleges and Schools.

(3) North Central Association of Colleges and Schools.

(4) Northwest Association of Schools and Colleges.

(5) Southern Association of Schools and Colleges.

(6) Western Association of Schools and Colleges.

(d) An applicant for licensure as a clinical addiction counselor must show successful completion of the graduate degree curriculum set forth in IC 25-23.6-10.5-5 with a minimum of twenty-seven (27) semester hours or forty-one (41) quarter hours in the following content areas:

(1) Addiction counseling theories and techniques.

(2) Clinical problems.

(3) Psychopharmacology.

(4) Psychopathology.

(5) Clinical appraisal.

(6) Theory and practice of group addiction counseling.

(7) Counseling addicted family systems.

(8) Multicultural counseling.

(9) Research methods in addiction.

(10) Human development.

(e) When evaluating an applicant's master's or doctor's degree in addiction counseling, addiction therapy, or a related area, the board shall consider, as factors in its evaluation, whether the degree granting program:

(1) identifies itself as an addiction counseling program in its catalogs and brochures and demonstrates the program's intent to educate and train counselors in its advertising materials;

(3) has an integrated and organized sequence of study;

(4) has an identifiable body of students who are matriculated in that program for a degree;

(5) includes a supervised practicum, internship, or field experience; and

(6) the degree program practicum, internship or field experience should be conducted in a setting focused on addiction counseling services under the auspices of an approved graduate addiction counseling program.

(f) As used in IC 25-23.6-10.5-6, "supervised clinical practicum, internship, or field experience" means a supervised curricular experience intended to enable the student to develop basic addiction counseling skills and to integrate professional knowledge and skills appropriate to the student's program emphasis. The supervised clinical practicum, internship, or field experience shall be a minimum of seven hundred (700) hours and include the following:

(1) A minimum of two hundred eighty (280) face-to-face client contact hours of addiction counseling services under the supervision of an LCAC who has at least five (5) years of experience as a qualified supervisor.

(2) A minimum of one hundred five (105) hours of supervision from a LCAC who has at least five (5) years experience as a qualified supervisor.

(g) As used in IC 25-23.6-10.5-6, "qualified supervisor" means an individual who is supervising within his or her scope of experience and training and holds an active license at the time of supervision as:

(1) a clinical addiction counselor;

(2) a clinical social worker;

(3) a marriage and family therapist;

(4) a physician with training in psychiatric medicine;

(5) a psychologist;

(6) a clinical nurse specialist in psychiatric or mental health nursing; or

who has at least five (5) years of experience in providing addiction services.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-5.5-3; filed Aug 1, 2012, 11:01 a.m.: 20120829-IR-839110676FRA; readopted filed Nov 29, 2018, 10:34 a.m.: 20181226-IR-839180402RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-5.5-4 839 IAC 1-5.5-4 Experience requirements for clinical addiction counselors

839 IAC 1-5.5-4 Experience requirements for clinical addiction counselors

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6-10.5-8

Sec. 4. (a) As used in IC 25-23.6-10.5-8, "two (2) years of clinical addiction counseling experience" means experience under qualified supervision, acquired over not less than twenty-one (21) months and over not more than forty-eight (48) months, any time subsequent to the date certified by the degree-granting institution as that on which all requirements for the master's degree have been completed. A doctoral student may continue to accrue hours for this clinical addiction counseling experience requirement once the doctoral internship has been completed.

(b) As used in IC 25-23.6-10.5-8, "qualified supervisor" means an individual who is supervising within his or her scope of experience and training and holds an active license at the time of supervision as:

(1) a clinical addiction counselor;

(2) a clinical social worker;

(3) a marriage and family therapist;

(4) a physician who has training in psychiatric medicine;

(5) a psychologist;

(6) a clinical nurse specialist in psychiatric or mental health nursing; or

with at least five (5) years of experience in addictions counseling.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-5.5-4; filed Aug 1, 2012, 11:01 a.m.: 20120829-IR-839110676FRA; readopted filed Nov 29, 2018, 10:34 a.m.: 20181226-IR-839180402RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-5.5-5 839 IAC 1-5.5-5 Examination requirements for addiction counselors and clinical addiction counselors

839 IAC 1-5.5-5 Examination requirements for addiction counselors and clinical addiction counselors

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6-10.5-9

Sec. 5. (a) An applicant for licensure by examination as an addiction counselor or a clinical addiction counselor, approved by the board to sit for the examination, shall sit for that examination within one (1) year from the date of the initial board approval. If the exam applicant has not taken the examination within one (1) year from the date of the initial board approval, the initial board approval will be invalid and the applicant must file a new application.

(b) An applicant who fails the examination and wishes to retake the examination shall submit a new application and must meet all other requirements provided in 839 IAC 1-2-1.

(c) An applicant who fails the examination three (3) times shall personally appear before the board prior to retaking the examination. Following the personal appearance, the board may approve, deny, or table the applicant's request to sit for the examination.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-5.5-5; filed Aug 1, 2012, 11:01 a.m.: 20120829-IR-839110676FRA; readopted filed Nov 29, 2018, 10:34 a.m.: 20181226-IR-839180402RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-5.5-6 839 IAC 1-5.5-6 Temporary permits for addiction counselors and clinical addiction counselors

839 IAC 1-5.5-6 Temporary permits for addiction counselors and clinical addiction counselors

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6-10.5-10

Sec. 6. (a) As used in IC 25-23.6-10.5-10, "the date the board disapproves the individual's license application" means the date an applicant for licensure receives notice of:

(1) failure of the required examination; or

(2) denial of the individual's license application.

(b) As used in IC 25-23.6-10.5-10, "good cause" means any reason approved by the board following written notice to the board from the applicant within thirty (30) days of the date the applicant was scheduled to take the examination.

(c) An applicant for licensure as an addiction counselor or a clinical addiction counselor who fails the required examination shall not be issued a second temporary permit.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-5.5-6; filed Aug 1, 2012, 11:01 a.m.: 20120829-IR-839110676FRA; readopted filed Nov 29, 2018, 10:34 a.m.: 20181226-IR-839180402RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-5.5-7 839 IAC 1-5.5-7 Exemption from examination for addiction counselors and clinical addiction counselors

839 IAC 1-5.5-7 Exemption from examination for addiction counselors and clinical addiction counselors

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6-10.5-11

Sec. 7. (a) As used in IC 25-23.6-10.5-11, "engaged in the practice of addiction counseling" means an applicant has worked at least five (5) hours per week, averaged over the entire time the applicant has been in practice.

(b) If an applicant has taught addiction counseling, the applicant may count the hours spent teaching as hours of active practice of addiction counseling, provided such teaching was in courses in the field of addiction counseling. Teaching shall include time spent in preparation, in meeting with students, and in related activities. Teaching of addiction counseling shall not count for more than seventy percent (70%) of the number of active practice hours claimed by an applicant.

(c) An examination shall be considered to be substantially equivalent, as used in IC 25-23.6-10.5-11, if the examination is either the same examination used by the board or an examination that tested the clinical skills and knowledge of the applicant. The board will review all examinations other than the one used by the board to determine equivalency.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-5.5-7; filed Aug 1, 2012, 11:01 a.m.: 20120829-IR-839110676FRA; readopted filed Nov 29, 2018, 10:34 a.m.: 20181226-IR-839180402RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-5.5-8 839 IAC 1-5.5-8 Standards for the competent practice of addiction and clinical addiction counseling

839 IAC 1-5.5-8 Standards for the competent practice of addiction and clinical addiction counseling

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6

Sec. 8. The LAC and LCAC must comply with IC 25-23.6 governing the practice of addiction and clinical addiction counseling, IC 25-1-9 governing health professions standards of practice, and shall abide by the following standards:

(1) An addiction counselor or a clinical addiction counselor shall not exploit the trust and dependency of clients. Addiction counselors and clinical addiction counselors shall avoid dual relationships with clients that could impair their professional judgment or increase the risk of exploitation. Examples of such dual relationships include, but are not limited to, business, close personal, and intimate relationships.

(2) An addiction counselor or a clinical addiction counselor shall not undertake any professional activity that the addiction counselor or clinical addiction counselor is not qualified by education, training, experience, and scope of practice to undertake.

(3) An addiction counselor or a clinical addiction counselor's primary professional responsibility is to the client. An addiction counselor or a clinical addiction counselor shall make every reasonable effort to advance the welfare and best interests of the client, including respecting the rights of those persons seeking assistance and making reasonable efforts to ensure that the addiction counselor or a clinical addiction counselor's services are used appropriately.

(4) An addiction counselor or a clinical addiction counselor shall act in accordance with the highest standards of professional integrity and competence. An addiction counselor or a clinical addiction counselor is honest in dealing with clients, students, trainees, colleagues, and the public. An addiction counselor or a clinical addiction counselor seeks to eliminate incompetence or dishonesty from the profession.

(5) An addiction counselor or a clinical addiction counselor holds in confidence information obtained in the course of professional service. An addiction counselor or a clinical addiction counselor safeguards client confidences as permitted by law.

(6) An addiction counselor or a clinical addiction counselor respects the rights and responsibilities of professional colleagues and, as the employee of an organization, remains accountable as an individual to the ethical principles of the profession. An addiction counselor or a clinical addiction counselor:

(A) treats colleagues with respect and good faith; and

(B) relates to the clients of colleagues with full professional consideration.

(7) When using assessment instruments or techniques, an addiction counselor or a clinical addiction counselor shall make every effort to promote the welfare and best interests of the client. An addiction counselor or a clinical addiction counselor:

(A) guards against the misuse of assessment results; and

(B) respects the client's right to know the results, interpretations, and basis for any conclusions or recommendations.

(8) An addiction counselor or a clinical addiction counselor recognizes that research activities must be conducted with full respect for the rights and dignity of participants and with full concern for their welfare. Participation in research must be voluntary unless it can be demonstrated that involuntary participation will have no harmful effects on the subjects and is essential to the investigation.

(9) An addiction counselor or a clinical addiction counselor adheres to professional rather than commercial standards when making known his or her availability for professional services. An addiction counselor or a clinical addiction counselor shall provide information that accurately informs the public of the professional services, expertise, and techniques available.

(10) An addiction counselor or a clinical addiction counselor shall not abandon or neglect clients in treatment without making reasonable arrangements for the continuation of such treatment.

(11) An addiction counselor or a clinical addiction counselor is aware of anything that might interfere with the addiction counselor's or clinical addiction counselor's effectiveness and shall refrain from any activity that might lead to inadequate performance or harm to anyone, including himself or herself and the client.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-5.5-8; filed Aug 1, 2012, 11:01 a.m.: 20120829-IR-839110676FRA; readopted filed Nov 29, 2018, 10:34 a.m.: 20181226-IR-839180402RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

Rule 6

839 IAC 1-6-1 839 IAC 1-6-1 Continuing education

Rule 6. Continuing Education

839 IAC 1-6-1 Continuing education

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6

Sec. 1. (a) As used in IC 25-23.6, "continuing education" means education provided by board-approved providers that is obtained by a licensee in order to maintain, improve, or expand the licensee's skills and knowledge. As used in this rule, "CEU" means one (1) continuing education hour.

(b) Continuing education shall be comprised of two (2) categories, Category I and Category II. The licensee:

(1) shall obtain a minimum of fifty percent (50%) of the required amount of CEUs for renewal from Category I; and

(2) may obtain a maximum of fifty percent (50%) of the required amount of CEUs for renewal from Category II.

(1) Formally organized courses.

(2) Workshops.

(3) Seminars.

(4) Symposia.

(5) Institutes.

(6) Home study programs, including:

(A) computer;

(B) audio; and

instructional programs accredited by board-approved organizations.

(7) Courses that are relevant to the license holder's professional skills, which are part of the curriculum of an accredited university, college, or educational institution, shall earn:

(A) fifteen (15) CEUs for each academic semester hour completed; or

(B) ten (10) CEUs for each academic quarter hour completed.

(8) Faculty teaching a course for the first time at an accredited university, college, or educational institution shall earn one and one-half (11/2) CEUs for every credit hour taught. Continuing education credit will be granted only the first time faculty teaches the course within the same semester.

(d) CEUs obtained from Category I sponsors shall earn the amount of continuing education hours granted by the program sponsor. If the sponsor does not grant continuing education hours, then one (1) CEU will be granted for each clock hour of attendance.

(e) Category II is defined as continuing education that is self-directed, which includes the following:

(1) Journal reading, earns one (1) CEU for each hour.

(2) Office inservices, earns one (1) CEU for each hour attended.

(3) Case conferences that are specifically designed for training or teaching, earns one (1) CEU for each hour attended.

(4) Services as an instructor, presenter, or supervisor in a relevant professional seminar, workshop, or training conference earns one (1) CEU for each hour of service, but only for the initial instruction, presentation, or supervision given.

(5) Research and publication of research results in a recognized professional journal or book form, earns ten (10) CEUs, but may only be claimed for the initial publication of the information.

(6) Providing consultation, critique, or peer review of therapy and skills for an individual:

(A) pursuing a:

(i) bachelor's degree;

(ii) master's degree; or

(iii) doctoral degree; or

(B) working:

(i) to meet the experience requirement for licensure; or

(ii) for another licensee;

earns one (1) CEU for each hour spent with the individual for this purpose.

(7) Services on boards and commissions and holding office in professional organizations, specifically related to the licensee's profession, earns one (1) CEU for each hour of service.

(8) Faculty teaching a course at an accredited university, college, or educational institution, earns one (1) CEU for every credit hour taught. Continuing education credit will be granted only the first time faculty teaches the course within the same semester.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-6-1; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1512; readopted filed Dec 2, 2001, 12:30 p.m.: 25 IR 1313; filed Jun 1, 2006, 9:45 a.m.: 29 IR 3373; filed Aug 1, 2012, 11:01 a.m.: 20120829-IR-839110676FRA; readopted filed Nov 29, 2018, 10:34 a.m.: 20181226-IR-839180402RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-6-2 839 IAC 1-6-2 Approval of continuing education programs

839 IAC 1-6-2 Approval of continuing education programs

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6

Sec. 2. (a) The following criteria shall be used for the approval of providers of continuing education programs for LSWs, LCSWs, LMFTs, LMFTAs, LMHCs, LMHCAs, LACs, and LCACs:

(1) The continuing education program shall have a statement of objectives, which the program should achieve for its participants relating to and enhancing the licensee's practice.

(2) The sponsor of a continuing education program shall provide the following:

(A) Adequate administration, including a responsible person to coordinate and administer the program.

(B) Maintenance of proper records.

(3) Sponsors of a continuing education program shall provide adequate funding for the educational program undertaken.

(4) The curriculum of a continuing education program shall be thoughtfully planned and designed to explore in considerable depth:

(A) one (1) subject; or

(B) a closely related group of subjects related to the licensee's practice.

(5) The continuing education program shall:

(A) have qualified faculty members with demonstrated competence in the subject areas; and

(B) be held in adequate facilities that allow for an effective program.

(6) Continuing education programs may employ a variety of educational methods and teaching aids that enhance the learning opportunities.

(7) Appropriate methods of evaluation shall be devised and used to measure the continuing education program's effectiveness.

(8) The sponsor of the continuing education program shall provide to the participants a meaningful record of attendance stating the continuing education hours involved.

(b) Organizations applying for board approval to be a sponsor of continuing education programming must submit an application to the board for approval at least ninety (90) days before the presentation of any program. The board shall act upon the application within ninety (90) days of receipt. The approval, if granted, is effective until April 1 of every even-numbered year.

(1) LSWs;

(2) LCSWs;

(3) LMFTs;

(4) LMFTAs;

(5) LMHCs;

(6) LMHCAs;

(7) LACs; and

(8) LCACs;

will expire on April 1 of the even-numbered years.

(d) The sponsor of the program is responsible for monitoring attendance in such a manner that verification of attendance throughout the entire program can be reliably assured.

(e) The sponsor shall maintain attendance records for a minimum of four (4) years from the date of the program. These records must include the following:

(1) The date of the program.

(2) The program title.

(3) The presenter's name.

(4) The names of all participants.

(5) The number of continuing education hours granted each participant.

(f) Continuing education programs that are sponsored, accredited, or approved by the following organizations shall be deemed approved, and no prior approval by the board shall be required:

(1) Academy for Cerebral Palsy and Developmental Medicine.

(2) Academy of Family Mediators.

(3) Accreditation Council on Continuing Medical Education (programs or seminars related to mental health).

(4) American Association for Continuity of Care.

(5) American Association for Diabetes.

(6) American Association for Social Work with Groups/Spinal Cord Injury.

(7) American Association of Marriage and Family Therapy.

(8) American Association of Sex Educators, Counselors, and Therapists.

(9) American Cancer Society.

(10) American Counseling Association.

(11) American Health Care Institute (programs or seminars related to mental health).

(12) American Hospital Association (programs or seminars related to mental health).

(13) American Medical Association (programs or seminars related to mental health).

(14) American Mental Health Counselors Association.

(15) American Psychiatric Association.

(16) American Psychological Association.

(17) American Red Cross (programs or seminars related to mental health).

(18) Arthritis Association.

(19) Association of Oncology Social Work.

(20) Association of Pediatric Oncology Social Work.

(21) Association for Treatment of Sexual Abusers.

(22) Association of Social Work Boards.

(23) Chicago Center for Family Health.

(24) Commission on Rehabilitation Counselor Certification.

(25) Employee Assistance Professional Association.

(26) Employee Assistance Society of North America.

(27) Federation of Societies for Clinical Social Work.

(28) Federation of Society of Sex Educators and Therapists.

(29) First Steps.

(30) Healthy Families.

(31) Hoosier Oncology Group.

(32) Hospice Foundation of America.

(33) Indiana Association of Home and Hospice Care.

(34) Indiana Commission on Continuing Legal Education (programs or seminars related to mental health).

(35) Indiana Council of Nephrology Social Workers.

(36) Indiana Council on Adolescent Pregnancy.

(37) Indiana Counselors Association for Alcohol and Drug Abuse.

(38) Indiana Healthcare Ethics Network.

(39) Indiana Hospice Association.

(40) Indiana Hospital and Health Association (programs or seminars related to mental health).

(41) Indiana Organ Procurement Organization.

(42) Indiana Perinatal Association.

(43) International Critical Incident Stress Foundation.

(44) Leukemia and Lymphoma Society.

(45) Mediation Matters.

(46) Mental Health Association.

(47) Midwest Regional Network for Intervention with Sex Offenders.

(48) National Association for Family-Based Services.

(49) National Association of Alcoholism and Drug Abuse Counselors.

(50) National Association of Liver Transplant Social Workers.

(51) National Association of Perinatal Social Work.

(52) National Association of Social Workers.

(53) National Board for Certified Counselors.

(54) National Board of Addiction Examiners.

(55) National Brain Tumor Foundation.

(56) National Committee to Prevent Child Abuse.

(57) National Council of Community Mental Health Centers.

(58) National Council of Sexual Addiction and Compulsivity.

(59) National Hospice Association.

(60) National Kidney Foundation.

(61) National Organization for Victim Assistance.

(62) National Resource Center for Family Centered Practice.

(63) National Spina Bifida Association.

(64) Society of Heart and Lung Transplant Social Workers.

(65) Solutions Training Institute.

(66) The Alfred Adler Institute of Chicago.

(67) The American Professional Society on the Abuse of Children.

(68) The Center for Family Studies, Chicago, Illinois.

(69) The Cincinnati Psychoanalytic Institute.

(70) The Family Institute of Chicago.

(71) The Family Institute/Center for Family Studies.

(72) The Gestalt Institute of Cleveland.

(73) The Indianapolis Gestalt Institute.

(74) The Institute for Clinical Social Work, Chicago, Illinois.

(75) The Institute for Psychoanalysis, Chicago, Illinois.

(76) The International Institute of Object Relations Therapy.

(77) The Jungian Institute of Chicago.

(78) The National Association of Family Mediators.

(79) The National Center for Child Abuse and Neglect.

(80) The National Children's Advocacy Center.

(81) The Society of Social Work Leadership in Health Care.

(82) A national, regional, state, district, or local organization that operates as an affiliated entity under the approval of any organization listed in subdivisions (1) through (81).

(83) Any institute or program focused on self-psychology.

(84) Any institute or program approved by the social worker, marriage and family therapist, mental health counselor, and addiction counselor board of another state.

(85) A university, college, or other teaching institution accredited by the United States Department of Education or the Council on Postsecondary Education.

(86) A federal, state, or local government agency that coordinates and presents continuing education courses and programs in conjunction with this rule.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-6-2; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1512; readopted filed Dec 2, 2001, 12:30 p.m.: 25 IR 1314; filed Jun 1, 2006, 9:45 a.m.: 29 IR 3373; filed Jun 29, 2011, 9:12 a.m.: 20110727-IR-839090811FRA; filed Aug 1, 2012, 11:01 a.m.: 20120829-IR-839110676FRA; readopted filed Nov 29, 2018, 10:34 a.m.: 20181226-IR-839180402RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-6-3 839 IAC 1-6-3 Continuing education requirements

839 IAC 1-6-3 Continuing education requirements

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6

Sec. 3. (a) A renewal period is defined as the two (2) year period beginning with April 1 of even-numbered years. A licensure year is defined as April 1 through March 31 of the following year.

(b) A licensee who renews a license as a social worker, clinical social worker, marriage and family therapist, marriage and family therapist associate, mental health counselor, mental health counselor associate, addiction counselor, or clinical addiction counselor shall complete not less than twenty (20) CEUs per year, in compliance with section 1(b) of this rule, for a total of forty (40) CEUs for the two (2) year renewal period.

(c) A minimum of one (1) CEU of the required ten (10) Category I CEUs per year shall have a content area focusing on ethics and professional conduct, including boundary issues, from a Category I provider.

(d) If a licensee holds more than one (1):

(1) social worker;

(2) clinical social worker;

(3) marriage and family therapist;

(4) marriage and family therapist associate;

(5) mental health counselor;

(6) mental health counselor associate;

(7) addiction counselor; or

(8) clinical addiction counselor;

license issued under IC 25-23.6, then CEUs obtained to meet the CEUs required for renewal of one (1) license may be applied towards the CEUs required for renewal of each license held.

(e) CEUs shall:

(1) be obtained within the biennial renewal period in which the licensee is applying; and

(2) not be carried over from one (1) biennial renewal period to another.

(f) A holder of a license issued under IC 25-23.6 must retain a record of the continuing education required by section 2(a) of this rule for four (4) years following the end of the biennial renewal period in which it was obtained.

(g) Continuing education used to satisfy the continuing education requirements of another state, in which the licensee also holds a license to practice as a mental health professional, may be applied towards the CEUs required for renewal of a license issued under IC 25-23.6.

(h) A holder of a license issued under IC 25-23.6 who has been licensed for less than two (2) full years before the first renewal date for that license shall meet the following continuing education requirements for the licensee's first renewal period:

(1) A licensee who has been licensed for at least twelve (12) months, but less than twenty-four (24) months, shall complete at least one-half (1/2) of the CEUs required for renewal of that license. At least fifty percent (50%) of these CEUs shall be obtained from Category I, and not more than fifty percent (50%) shall be obtained from Category II.

(2) A licensee who has been licensed for less than twelve (12) months shall be exempt from the CEUs required for renewal of that initial license.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-6-3; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1514; readopted filed Dec 2, 2001, 12:30 p.m.: 25 IR 1316; filed Jun 1, 2006, 9:45 a.m.: 29 IR 3375; filed Jun 29, 2011, 9:12 a.m.: 20110727-IR-839090811FRA; filed Aug 1, 2012, 11:01 a.m.: 20120829-IR-839110676FRA; readopted filed Nov 29, 2018, 10:34 a.m.: 20181226-IR-839180402RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-6-4 839 IAC 1-6-4 Continuing education audit

839 IAC 1-6-4 Continuing education audit

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6

Sec. 4. The board may require additional evidence demonstrating the license holder's compliance with the continuing education requirements of this rule. This additional evidence shall be required in the context of a random audit. It is the responsibility of the license holder to verify that the CEUs obtained to meet the continuing education required for the renewal of their license have been approved by the board. It is the responsibility of the license holder to retain or otherwise produce evidence of compliance.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-6-4; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1515; readopted filed Oct 25, 2001, 4:20 p.m.: 25 IR 939; readopted filed Jul 19, 2007, 12:54 p.m.: 20070808-IR-839070049RFA; readopted filed Nov 25, 2013, 9:18 a.m.: 20131225-IR-839130273RFA; readopted filed Nov 29, 2018, 10:34 a.m.: 20181226-IR-839180402RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-6-5 839 IAC 1-6-5 Request for a waiver of the continuing education requirement

839 IAC 1-6-5 Request for a waiver of the continuing education requirement

Authority: IC 25-23.6-2-8

Affected: IC 25-23.6

Sec. 5. (a) A holder of a license issued under IC 25-23.6, seeking renewal of that license without having completed the CEUs required for renewal under this rule, must submit:

(1) a statement explaining the reasons for noncompliance;

(2) a request for a waiver of the CEUs required for renewal; and

(3) the renewal application and all required fees;

at least forty-five (45) days prior to the license expiration date.

(b) The license holder must submit evidence that an extreme hardship exists, to the satisfaction of the board, to be granted a waiver.

(d) If the request is denied, the license holder is responsible for completing the full amount of continuing education required for license renewal.

(e) Waivers may be granted if an extreme hardship exists. The board will determine whether an extreme hardship exists that would have prevented the licensee from obtaining his or her CEUs, including, but not limited to, the following:

(1) For at least one (1) year during the current renewal period, the licensee was absent from Indiana due to full-time service in the Armed Services of the United States.

(2) During the licensee's current renewal period, the licensee or an immediate family member, where the licensee has primary responsibility for the care of that family member, was suffering from or suffered a disability. A disability is a physical or mental impairment that substantially limits one (1) or more of the major life activities of an individual. The existence of the disability must be verified by a licensed physician or psychologist, with special expertise in the area of the disability. Verification of the disability must include the following:

(A) The nature and extent of the disability.

(B) An explanation of how the disability would hinder the licensee from completing the continuing education requirement.

(C) The name, title, address, telephone number, professional license number, and original signature of the licensed physician or psychologist verifying the disability.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-6-5; filed Dec 29, 1998, 10:57 a.m.: 22 IR 1515; readopted filed Dec 2, 2001, 12:30 p.m.: 25 IR 1316; readopted filed Sep 26, 2008, 10:50 a.m.: 20081015-IR-839080337RFA; readopted filed Dec 1, 2014, 8:32 a.m.: 20141231-IR-839140389RFA; readopted filed Nov 29, 2018, 10:34 a.m.: 20181226-IR-839180402RFA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-6-6 839 IAC 1-6-6 Continuing education required for renewal on April 1, 2000 (Repealed)

839 IAC 1-6-6 Continuing education required for renewal on April 1, 2000 (Repealed)

(Repealed by Behavioral Health and Human Services Licensing Board; filed Dec 18, 2001, 9:11 a.m.: 25 IR 1634)

Rule 7

839 IAC 1-7-1 839 IAC 1-7-1 Scope

Rule 7. Convictions of Concern

839 IAC 1-7-1 Scope

Authority: IC 25-1-1.1-6

Affected: IC 25-1-1.1-6; IC 25-23.6

Sec. 1. This rule implements IC 25-1-1.1-6 regarding convictions of concern, which may disqualify an individual for licensure, and includes in section 4 of this rule an explicit list of crimes that may disqualify an individual from receiving a license issued under IC 25-23.6.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-7-1; filed Oct 16, 2023, 1:43 p.m.: 20231115-IR-839230039FRA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-7-2 839 IAC 1-7-2 Issuance of license

839 IAC 1-7-2 Issuance of license

Authority: IC 25-1-1.1-6

Affected: IC 25-1-1.1-6; IC 25-23.6

Sec. 2. An applicant for licensure who has a conviction of concern may still be granted a license based on the criteria stated in IC 25-1-1.1-6(h).

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-7-2; filed Oct 16, 2023, 1:43 p.m.: 20231115-IR-839230039FRA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-7-3 839 IAC 1-7-3 Authority to issue license on probation

839 IAC 1-7-3 Authority to issue license on probation

Authority: IC 25-1-1.1-6

Affected: IC 25-1-1.1-6; IC 25-1-9-16; IC 25-23.6

Sec. 3. This rule and IC 25-1-1.1-6 do not limit the authority of a board or committee to issue a license on probation if appropriate under IC 25-1-9-16 or any other applicable statute.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-7-3; filed Oct 16, 2023, 1:43 p.m.: 20231115-IR-839230039FRA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-7-4 839 IAC 1-7-4 Convictions of concern

839 IAC 1-7-4 Convictions of concern

Authority: IC 25-1-1.1-6

Affected: IC 6-3-6-11; IC 7.1-5-7-8; IC 9-26-1-1.1; IC 9-30-5-4; IC 9-30-5-5; IC 11-8-8-17; IC 11-8-8-18; IC 12-24-17-3; IC 12-24-17-7; IC 16-36-5-27; IC 16-36-5-28; IC 16-42-19; IC 25; IC 31-33-22; IC 31-34-2.3-7; IC 31-34-2.3-8; IC 35

Sec. 4. The following are convictions of concern:

(1) Crimes involving sexual acts that can be considered without respect to age of conviction as follows:

(A) Child molesting (IC 35-42-4-3).

(B) Child seduction (IC 35-42-4-7).

(D) Incest (IC 35-46-1-3).

(E) Making an unlawful proposition (IC 35-45-4-3).

(F) Prostitution (IC 35-45-4-2).

(G) Rape (IC 35-42-4-1).

(H) Sexual misconduct with a minor (IC 35-42-4-9(a)).

(2) Crimes of violence that can be considered without respect to age of conviction as follows:

(A) Aggravated battery (IC 35-42-2-1.5).

(B) Attempted murder (IC 35-41-5-1).

(D) Child exploitation as a Level 5 felony under IC 35-42-4-4(b) or a Level 4 felony under IC 35-42-4-4(c).

(E) Child molesting (IC 35-42-4-3).

(F) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).

(G) Involuntary manslaughter (IC 35-42-1-4).

(H) Kidnapping (IC 35-42-3-2).

(I) Murder (IC 35-42-1-1).

(J) Penalties; death or catastrophic injury; death of a law enforcement animal (IC 9-30-5-5) (formerly: Operating a vehicle while intoxicated causing death).

(K) Classification of offenses; serious bodily injury (IC 9-30-5-4) (formerly: Operating a vehicle while intoxicated causing serious bodily injury to another person).

(L) Rape (IC 35-42-4-1).

(M) Reckless homicide (IC 35-42-1-5).

(N) Resisting law enforcement as a felony (IC 35-44.1-3-1).

(O) Robbery as a Level 2 felony or a Level 3 felony (IC 35-42-5-1).

(P) Sexual misconduct with a minor as a Level 1 felony under IC 35-42-4-9(a)(2) or a Level 2 felony under IC 35-42-4-9(b)(2).

(Q) Unlawful possession of a firearm by a serious violent felon (IC 35-47-4-5).

(R) Voluntary manslaughter (IC 35-42-1-3).

(3) Abandonment or neglect of vertebrate animals; defense (IC 35-46-3-7).

(4) Abuse of corpse (IC 35-45-11-2).

(5) Adoption deception (IC 35-46-1-9.5).

(6) Agricultural terrorism (IC 35-47-12-2) (before its repeal).

(7) Arson (IC 35-43-1-1).

(8) Assisting a criminal (IC 35-44.1-2-5).

(9) Assisting suicide (IC 35-42-1-2.5).

(10) Attempt under IC 35-41-5-1 to commit an offense listed in this section.

(11) Attempting to purchase handgun by ineligible person (IC 35-47-2.5-15) (before its repeal).

(12) Attendance at fighting contest (IC 35-46-3-10).

(13) Auto theft (IC 35-43-4-2.5) (before its repeal).

(14) Battery (IC 35-42-2-1).

(15) Battery, neglect, or exploitation of endangered adult or person with mental or physical disability; failure to report; unlawful disclosures; referrals; retaliation (IC 35-46-1-13).

(16) Bestiality (IC 35-46-3-14).

(17) Bribery (IC 35-44.1-1-2).

(18) Burglary (IC 35-43-2-1).

(19) Carjacking (IC 35-42-5-2) (before its repeal).

(20) Carrying a handgun without being licensed; exceptions; person convicted of domestic battery (IC 35-47-2-1).

(21) Causing suicide (IC 35-42-1-2).

(22) Child exploitation; possession of child pornography; exemptions; defenses (IC 35-42-4-4).

(23) Child sexual trafficking (IC 35-42-3.5-1.3).

(24) Child solicitation (IC 35-42-4-6).

(25) Conspiracy under IC 35-41-5-2 to commit an offense listed in this section.

(26) Consumer product tampering; offenses (IC 35-45-8-3).

(27) Conversion (IC 35-43-4-3).

(28) Corrupt business influence (IC 35-45-6-2).

(29) Counterfeiting; false or fraudulent sales receipts; forgery; application fraud (IC 35-43-5-2).

(30) Criminal confinement (IC 35-42-3-3).

(31) Criminal mischief; institutional criminal mischief; controlled substance criminal mischief (IC 35-43-1-2).

(32) Criminal organization recruitment (IC 35-45-9-5).

(33) Criminal parole violation by a sexual predator (IC 35-44.1-3-9).

(34) Criminal recklessness; element of hazing; liability barred for good faith report or judicial participation (IC 35-42-2-2).

(35) Criminal stalking (IC 35-45-10-5).

(36) Criminal transfer of a firearm (IC 35-47-2.5-16).

(37) Criminal use or possession of code grabbing device (IC 35-45-12-2).

(38) Cruelty to a law enforcement animal (IC 35-46-3-11).

(39) Cruelty to a search and rescue dog (IC 35-46-3-11.3).

(40) Cruelty to a service animal (IC 35-46-3-11.5).

(41) Dangerous control of a firearm (IC 35-47-10-6).

(42) Dangerous possession and unlawful transfer of a firearm (IC 35-47-10-5).

(43) Dealing in a controlled substance by a practitioner (IC 35-48-4-1.5).

(44) Dealing in a controlled substance resulting in death (IC 35-42-1-1.5).

(45) Dealing in a counterfeit substance (IC 35-48-4-5).

(46) Dealing in a schedule I, II, or III controlled substance or controlled substance analog (IC 35-48-4-2).

(47) Dealing in a schedule IV controlled substance or controlled substance analog (IC 35-48-4-3).

(48) Dealing in a schedule V controlled substance or controlled substance analog (IC 35-48-4-4).

(49) Dealing in a substance represented to be a controlled substance (IC 35-48-4-4.5) (before its repeal).

(50) Dealing in a synthetic drug or synthetic drug lookalike substance (IC 35-48-4-10.5) (before its repeal).

(51) Dealing in cocaine or narcotic drug (IC 35-48-4-1).

(52) Dealing in marijuana, hash oil, hashish, or salvia (IC 35-48-4-10).

(53) Dealing in methamphetamine (IC 35-48-4-1.1).

(54) Dealing in paraphernalia (IC 35-48-4-8.5).

(55) Deception (IC 35-43-5-3).

(56) Deception with intent to cause withholding of CPR (IC 16-36-5-28).

(57) Delivery of deadly weapon to intoxicated person (IC 35-47-4-1).

(58) Deploying a booby trap (IC 35-47.5-5-10).

(59) Destruction of declaration; forgery of revocation (IC 16-36-5-27).

(60) Destructive device or explosive to kill, injure, or intimidate or to destroy property (IC 35-47.5-5-8).

(61) Destructive devices (IC 35-47.5-5-2).

(62) Disarming a law enforcement officer (IC 35-44.1-3-2).

(63) Disrupting operation of aircraft (IC 35-47-6-1.6).

(64) Dissemination of matter or conducting performance harmful to minors (IC 35-49-3-3).

(65) Distribution of destructive device, explosive, or detonator to a minor (IC 35-47.5-5-5).

(66) Distribution of regulated explosives to persons convicted of felony (IC 35-47.5-5-4).

(67) Domestic battery (IC 35-42-2-1.3).

(68) Domestic violence animal cruelty (IC 35-46-3-12.5).

(69) Dumping controlled substance waste (IC 35-48-4-4.1).

(70) Duties of driver of motor vehicle involved in accident; sentencing (IC 9-26-1-1.1).

(71) Decompression of animals (IC 35-46-3-15) (formerly: Electrocution or decompression of animals).

(72) Enticing or taking a patient away or aiding a patient to escape from the custody of an administrator or a superintendent (IC 12-24-17-7).

(73) Escape (IC 35-44.1-3-4).

(74) Evasion of tax; offenses; prosecution (IC 6-3-6-11).

(75) Exploitation of dependent or endangered adult; financial exploitation of endangered adult; violation classification (IC 35-46-1-12).

(76) Failure of carriers of dangerous communicable diseases to warn persons at risk (IC 35-45-21-3).

(77) Failure to make report (IC 31-33-22-1).

(78) False government issued identification (IC 35-43-5-2.5).

(79) False identity statement (IC 35-44.1-2-4).

(80) False reporting; false informing (IC 35-44.1-2-3).

(81) False reports; criminal and civil liability; notification of prosecuting attorney (IC 31-33-22-3).

(82) Feticide (IC 35-42-1-6).

(83) Firearm, explosive, or deadly weapon; possession in commercial or chartered aircraft (IC 35-47-6-1).

(84) Firearm, explosive, or deadly weapon; possession in controlled access areas of an airport (IC 35-47-6-1.3).

(85) Firearms and handguns; giving false information or offering false evidence of identity (IC 35-47-2-17).

(86) Fraud (IC 35-43-5-4).

(87) Fraud on financial institutions (IC 35-43-5-8) (before its repeal).

(88) Harassment; "obscene message" defined (IC 35-45-2-2).

(89) Hindering or obstructing detection, disarming, or destruction of destructive device (IC 35-47.5-5-7).

(90) Hoax devices or replicas (IC 35-47.5-5-6).

(91) Homicide (IC 35-42-1).

(92) Human organ trafficking (IC 35-46-5-1).

(93) Human trafficking (IC 35-42-3.5-1.4).

(94) Identity deception (IC 35-43-5-3.5).

(95) Impersonation of a public servant (IC 35-44.1-2-6).

(96) Inappropriate communication with a child (IC 35-42-4-13).

(97) Inmate fraud (IC 35-43-5-20) (before its repeal).

(98) Insurance fraud; insurance application fraud (IC 35-43-5-4.5) (before its repeal).

(99) Insurance fraud (IC 35-43-5-7.2) (before its repeal).

(100) Interference with custody (IC 35-42-3-4).

(101) Interference with the reporting of a crime (IC 35-45-2-5).

(102) Interfering with drug or alcohol screening test (IC 35-43-5-19).

(103) Intimidation (IC 35-45-2-1).

(104) Invasion of privacy; offense; penalties (IC 35-46-1-15.1).

(105) Legend drug deception; penalty (IC 35-43-10-3).

(106) Loansharking (IC 35-45-7-2).

(107) Malicious mischief (IC 35-45-16-2).

(108) Making an unlawful proposition (IC 35-45-4-3).

(109) Manufacture of paraphernalia (IC 35-48-4-8.1).

(110) Manufacturing methamphetamine (IC 35-48-4-1.2).

(111) Medicaid fraud (IC 35-43-5-7.1) (before its repeal).

(112) Money laundering; defenses (IC 35-45-15-5).

(113) Neglect, abuse, or maltreatment of a patient in a state institution; penalty (IC 12-24-17-3).

(114) Neglect of a dependent; child selling (IC 35-46-1-4).

(115) Obscene performance (IC 35-49-3-2).

(116) Obstruction of delivery of prescription drug (IC 35-45-21-5).

(117) Obstruction of justice (IC 35-44.1-2-2).

(118) Obtaining child abuse information under false pretenses; knowingly falsifying records or interfering with an investigation (IC 31-33-22-2).

(119) Offenses concerning Social Security numbers (IC 35-44.2-4-2).

(120) Offenses relating to registration labeling and prescription forms (IC 35-48-4-14).

(121) Official misconduct (IC 35-44.1-1-1).

(122) Participation in criminal organization; offense (IC 35-45-9-3).

(123) Perjury (IC 35-44.1-2-1).

(124) Permitting child to possess a firearm (IC 35-47-10-7).

(125) Pointing firearm at another person (IC 35-47-4-3).

(126) Possession of a controlled substance; obtaining a schedule V controlled substance or controlled substance analog (IC 35-48-4-7).

(127) Possession of a dangerous device while incarcerated (IC 35-44.1-3-7).

(128) Possession of animal fighting paraphernalia (IC 35-46-3-8.5).

(129) Possession of cocaine or narcotic drug (IC 35-48-4-6).

(130) Possession of device or substance used to interfere with drug or alcohol screening test (IC 35-43-5-18).

(131) Possession of firearms on school property or a school bus; possession of firearms in a motor vehicle parked in a school parking lot; defense to a prosecution (IC 35-47-9-2).

(132) Possession of marijuana, hash oil, hashish, or salvia (IC 35-48-4-11).

(133) Possession of methamphetamine (IC 35-48-4-6.1).

(134) Possession of paraphernalia (IC 35-48-4-8.3).

(135) Possession or sale of drug precursors (IC 35-48-4-14.5).

(136) Profiteering from public service (IC 35-44.1-1-5).

(137) "Machine gun"; prohibited sales or transfers of ownership (IC 35-47-2-7).

(138) Promoting an animal fighting contest (IC 35-46-3-9.5).

(139) Promoting prostitution (IC 35-45-4-4).

(140) Promotion of child sexual trafficking; promotion of sexual trafficking of a younger child (IC 35-42-3.5-1.2).

(141) Promotion of human labor trafficking (IC 35-42-3.5-1).

(142) Promotion of human sexual trafficking (IC 35-42-3.5-1.1).

(143) Promotion, use of animals, or attendance with animal at animal fighting contest (IC 35-46-3-9).

(144) Public indecency (IC 35-45-4-1).

(145) Public nudity (IC 35-45-4-1.5).

(146) Purchase or possession of animals for fighting contests (IC 35-46-3-8).

(147) "Qualified egg bank"; unlawful transfer of human organisms; exceptions; penalties (IC 35-46-5-3).

(148) Reckless supervision (IC 35-46-1-4.1).

(149) Registration violations; penalty (IC 11-8-8-17).

(150) Regulated explosives; persons convicted of felonies; prior unrelated convictions (IC 35-47.5-5-3).

(151) Removal of attack dog's vocal cords; animal cruelty (IC 35-46-3-13).

(152) Residential entry (IC 35-43-2-1.5).

(153) Resisting law enforcement (IC 35-44.1-3-1).

(154) Rioting (IC 35-45-1-2).

(155) Robbery (IC 35-42-5-1).

(156) Sale, distribution, or exhibition of obscene matter (IC 35-49-3-1).

(157) Sale or distribution of HIV testing equipment (IC 35-45-21-2).

(158) Sale to minors prohibited; furnishing property for the purpose of enabling minors to consume alcohol prohibited (IC 7.1-5-7-8).

(159) Sex offender Internet offense (IC 35-42-4-12).

(160) Sex offender residency restrictions (IC 35-42-4-11).

(161) Sex offender unmanned aerial vehicle offense (IC 35-42-4-12.5).

(162) Sexual battery (IC 35-42-4-8).

(163) Sexual misconduct with a service provider (IC 35-44.1-3-10).

(164) Sexually violent predator; duty to notify (IC 11-8-8-18).

(165) Stolen valor fraud (IC 35-43-5-22) (before its repeal).

(166) Strangulation (IC 35-42-2-9).

(167) Synthetic drug or synthetic drug lookalike substance; penalties (IC 35-48-4-11.5) (before its repeal).

(168) Synthetic identity deception (IC 35-43-5-3.8) (before its repeal).

(169) "Synthetic urine" (IC 35-43-5-19.5).

(170) Tampering with a water supply; poisoning (IC 35-43-1-5).

(171) Terrorism (IC 35-47-12-1) (before its repeal).

(172) Terroristic deception (IC 35-43-5-3.6) (before its repeal).

(173) Terroristic mischief (IC 35-47-12-3) (before its repeal).

(174) Theft (IC 35-43-4-2).

(175) Threats; refusal to join or withdrawal from organization; intimidation offense (IC 35-45-9-4).

(176) Torture or mutilation of a vertebrate animal; killing a domestic animal (IC 35-46-3-12).

(177) Trafficking with an inmate; carrying a deadly weapon into a correctional facility (IC 35-44.1-3-5).

(178) Trafficking with an inmate outside a facility (IC 35-44.1-3-6).

(179) Transferring contaminated body fluids (IC 35-45-21-1).

(180) Undisclosed transport of dangerous device (IC 35-47-6-1.1).

(181) Unlawful employment by a sexual predator (IC 35-42-4-10).

(182) Unlawful entry of school property by a serious sex offender (IC 35-42-4-14).

(183) Unlawful entry to restricted area of airport (IC 35-47-6-1.4).

(184) Unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors (IC 35-48-4-4.6).

(185) Unlawful participation in human cloning; exception (IC 35-46-5-2).

(186) Unlawful possession of a firearm by a domestic batterer (IC 35-47-4-6).

(187) Unlawful possession of a firearm by a serious violent felon (IC 35-47-4-5).

(188) Unlawful purchase of a handgun (IC 35-47-2.5-14) (before its repeal).

(189) Unlawful transfer of fetal tissue (IC 35-46-5-1.5).

(190) Unlawful use of a communications medium; definitions (IC 35-45-2-3) (before its repeal).

(191) Use of overpressure device (IC 35-47.5-5-9).

(192) Use of regulated explosive in violation of commission rule (IC 35-47.5-5-11).

(193) Vicarious sexual gratification; sexual conduct in presence of a minor (IC 35-42-4-5).

(194) Violation of civil rights (IC 35-46-2-1).

(195) Violation of IC 25-2.1-12 (unauthorized practice of accounting) under IC 25-2.1-13-3.

(196) Violation of IC 25-2.5 (unauthorized practice of acupuncture) under IC 25-2.5-3-4.

(197) Violation of IC 25-3.7 (unauthorized practice of an anesthesiologist assistant) under IC 25-3.7-3.

(198) Violation of IC 25-5.1-4-1 (unauthorized practice of athletic trainer) under IC 25-5.1-4-2.

(199) Violation of IC 25-6.1-7-1 (unauthorized practice of auctioneering) under IC 25-6.1-7-1.

(200) Violation of IC 25-6.1-7-2 (violation of auctioneering statute) under IC 25-6.1-7-2.

(201) Violation of IC 25-8-15.4 (unauthorized operation of a tanning facility) under IC 25-8-15.4-25.

(202) Violation of IC 25-10-1 (unauthorized practice of chiropractic) under IC 25-10-1-11.

(203) Violation of IC 25-11-1 (violation of the collection agency statute) under IC 25-11-1-12.

(204) Violation of IC 25-13-1 (unauthorized practice of dental hygienist) under IC 25-13-1-3.

(205) Violation of IC 25-14-1 (unauthorized practice of dentistry) under IC 25-14-1-25.

(206) Violation of IC 25-14.3 (violation of diabetes educator statute) under IC 25-14.3-5-1.

(207) Violation of IC 25-14.5 (unauthorized practice of dietitian) under IC 25-14.5-7-2.

(208) Violation of IC 25-16-1 (violation of employment services statute) under IC 25-16-1-18 [IC 25-16 was repealed by P.L. 149-2023, SECTION 20, effective July 1, 2023.] .

(209) Violation of IC 25-17.3-5 (violation of genetic counselors statute) under IC 25-17.3-5-3.

(210) Violation of IC 25-17.6-8-2 (unauthorized practice of professional geologist) under IC 25-17.6-8-2.

(211) Violation of IC 25-20-1 (unauthorized practice of hearing aid dealer) under IC 25-20-1-21.

(212) Violation of IC 25-20.7-5-1 (unauthorized practice of interior designer) under IC 25-20.7-5-1.

(213) Violation of IC 25-21.5-13-2 (unauthorized practice of surveying) under IC 25-21.5-13-2.

(214) Violation of IC 25-21.8 (unauthorized practice of massage therapy) under IC 25-21.8-7-1.

(215) Violation of IC 25-22.5 (unauthorized practice of medicine, midwifery, osteopathic medicine, or physician assistant) under IC 25-22.5-8-1 and IC 25-22.5-8-2.

(216) Violation of IC 25-22.5 (violation of temporary medical permit statute) under IC 25-22.5-8-3.

(217) Violation of IC 25-23-1 (unauthorized practice of nursing) under IC 25-23-1-27.

(218) Violation of IC 25-23.5-3 (unauthorized practice of occupational therapy) under IC 25-23.5-3-2.

(219) Violation of IC 25-23.6-3 (unauthorized practice of marriage and family therapy) under IC 25-23.6-3-3.

(220) Violation of IC 25-23.6-4 (unauthorized practice of social work) under IC 25-23.6-4-4.

(221) Violation of IC 25-23.6-4.5 (violation of mental health counselor statute) under IC 25-23.6-4.5-4.

(222) Violation of IC 25-23.6-10.1 (unauthorized practice of addiction counselor or therapist) under IC 25-23.6-10.1-6.

(223) Violation of IC 25-23.6-11-1 (unauthorized use of term "psychotherapy" or "clinical psychology") under IC 25-23.6-11-1.

(224) Violation of IC 25-23.6 (unauthorized use of license issued by behavioral health and human services board) under IC 25-23.6-11-2.

(225) Violation of IC 25-23.6-11-3 (presenting false information to the behavioral health and human services board to obtain license) under IC 25-23.6-11-3.

(226) Violation of IC 25-23.7-7-5 (unauthorized practice of home installing) under IC 25-23.7-7-5.

(227) Violation of IC 25-23.4 (unauthorized practice of direct entry midwife) under IC 25-23.4-3-7.

(228) Violation of IC 25-24-1 (unauthorized practice of optometry) under IC 25-24-1-18.

(229) Violation of IC 25-26-13-29 (unauthorized practice of pharmacy or as a pharmacist) under IC 25-26-13-29.

(230) Violation of any state drug law related to wholesale legend drug distribution (IC 25-26-14).

(231) Violation of IC 25-26-19-9 (unauthorized practice of pharmacy technician) under IC 25-26-19-9.

(232) Violation of IC 25-26-21 (unauthorized provision of home medical equipment provider services) under IC 25-26-21-11.

(233) Violation of IC 25-27-1 (unauthorized practice of physical therapy) under IC 25-27-1-12.

(234) Violation of IC 25-27.5-7 (unauthorized practice of physician assistant) under IC 25-27.5-7-2.

(235) Violation of IC 25-28.5-1 (unauthorized practice of plumbing) under IC 25-28.5-1-31.

(236) Violation of IC 25-29 (unauthorized practice of podiatry) under IC 25-29-9-1.

(237) Violation of IC 25-30-1 (unauthorized practice of being a private investigator) under IC 25-30-1-21.

(238) Violation of IC 25-30-1.3 (unauthorized operation of a security agency) under IC 25-30-1.3-23.

(239) Violation of IC 25-31-1 (unauthorized practice of engineering) under IC 25-31-1-27.

(240) Violation of IC 25-31.5-8-7 (unauthorized practice as a registered professional soil scientist) under IC 25-31.5-8-7.

(241) Violation of IC 25-33-1-14 (unlawful use of title "psychologist") under IC 25-33-1-15.

(242) Violation of IC 25-34.5-3 (unauthorized practice of respiratory care) under IC 25-34.5-3-2.

(243) Violation of IC 25-35.6 (unauthorized practice of speech-language pathology and audiology) under IC 25-35.6-3-10.

(244) Violation of IC 25-36.1-2 (violation of certified surgical technologist statute) under IC 25-36.1-2-3.

(245) Violation of IC 25-36.5-1-10 (unauthorized practice of timber buying or timber buying agent) under IC 25-36.5-1-10 and IC 25-36.5-1-15.

(246) Violation of IC 25-38.1 (unauthorized practice of veterinary medicine) under IC 25-38.1-4-10.

(247) Violation of IC 25-38.1 (unauthorized practice of veterinary technician) under IC 25-38.1-4-11.

(248) Violation of IC 25-39-5 (unlawful drilling and well installation) under IC 25-39-5.

(249) Violation of IC 25-41-1-1 (before its repeal) (unauthorized practice of behavior analyst) under IC 25-41-1-2 (before its repeal).

(250) Violation of Indiana Legend Drug Act (IC 16-42-19).

(251) Violation of order by parent or other custodian of child (IC 31-34-2.3-7).

(252) Violation of order by alleged perpetrator of child abuse or neglect (IC 31-34-2.3-8).

(253) Voyeurism; public voyeurism; aerial voyeurism (IC 35-45-4-5).

(254) Welfare fraud (IC 35-43-5-7) (before its repeal).

(255) Worker's compensation fraud (IC 35-43-5-21) (before its repeal).

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-7-4; filed Oct 16, 2023, 1:43 p.m.: 20231115-IR-839230039FRA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-7-5 839 IAC 1-7-5 Convictions in another jurisdiction

839 IAC 1-7-5 Convictions in another jurisdiction

Authority: IC 25-1-1.1-6

Affected: IC 25-23.6

Sec. 5. A crime in any other jurisdiction for which the elements of the crime for which conviction was entered are substantially similar to the elements of a crime included on the list in section 4 of this rule shall also be a crime that may disqualify an individual from receiving a license and therefore included on the list.

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-7-5; filed Oct 16, 2023, 1:43 p.m.: 20231115-IR-839230039FRA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1-7-6 839 IAC 1-7-6 Prelicensure determinations; fee

839 IAC 1-7-6 Prelicensure determinations; fee

Authority: IC 25-1-1.1-6

Affected: IC 25-1-1.1-6; IC 25-23.6

Sec. 6. The fee for a petition under IC 25-1-1.1-6(g) for a determination as to whether an individual's misdemeanor or felony conviction may disqualify the individual from receiving a license or certification is twenty-five dollars ($25).

(Behavioral Health and Human Services Licensing Board; 839 IAC 1-7-6; filed Oct 16, 2023, 1:43 p.m.: 20231115-IR-839230039FRA; readopted filed Jun 24, 2024, 3:49 p.m.: 20240724-IR-839230815RFA)

839 IAC 1 — ARTICLE 1. GENERAL PROVISIONS

Rule 1

839 IAC 1-1-1 839 IAC 1-1-1 Applicability

839 IAC 1-1-2 839 IAC 1-1-2 "CMFT" defined (Repealed)

839 IAC 1-1-3 839 IAC 1-1-3 "CCSW" defined (Repealed)

839 IAC 1-1-3.2 839 IAC 1-1-3.2 "Graduate" defined

839 IAC 1-1-3.3 839 IAC 1-1-3.3 "Graduate accumulating experience" defined

839 IAC 1-1-3.5 839 IAC 1-1-3.5 "LCSW" defined

839 IAC 1-1-3.6 839 IAC 1-1-3.6 "LMFT" defined

839 IAC 1-1-3.7 839 IAC 1-1-3.7 "LMHC" defined

839 IAC 1-1-3.8 839 IAC 1-1-3.8 "LSW" defined

839 IAC 1-1-3.9 839 IAC 1-1-3.9 "LMFTA" defined

839 IAC 1-1-4 839 IAC 1-1-4 "Practitioner" defined

839 IAC 1-1-5 839 IAC 1-1-5 "CSW" defined (Repealed)

839 IAC 1-1-6 839 IAC 1-1-6 "LAC" defined

839 IAC 1-1-7 839 IAC 1-1-7 "LCAC" defined

839 IAC 1-1-8 839 IAC 1-1-8 "LMHCA" defined

Rule 2

839 IAC 1-2-1 839 IAC 1-2-1 Application by examination

839 IAC 1-2-2 839 IAC 1-2-2 License renewal

839 IAC 1-2-2.1 839 IAC 1-2-2.1 Licensure retirement

839 IAC 1-2-3 839 IAC 1-2-3 Verification; board authority

839 IAC 1-2-4 839 IAC 1-2-4 Disclosure of credentials (Repealed)

839 IAC 1-2-5 839 IAC 1-2-5 Fees

839 IAC 1-2-6 839 IAC 1-2-6 Fines and civil penalties

Rule 3

839 IAC 1-3-1 839 IAC 1-3-1 Educational institution requirements for social worker's licensure

839 IAC 1-3-2 839 IAC 1-3-2 Licensure by examination for social workers and clinical social workers

839 IAC 1-3-2.5 839 IAC 1-3-2.5 Temporary permits for social workers and clinical social workers

839 IAC 1-3-3 839 IAC 1-3-3 Examination exemption (Repealed)

839 IAC 1-3-3.5 839 IAC 1-3-3.5 Exemption from examination for social workers and clinical social workers

839 IAC 1-3-4 839 IAC 1-3-4 Standards for the competent practice of social work and clinical social work

839 IAC 1-3-4.5 839 IAC 1-3-4.5 Enrollment

839 IAC 1-3-5 839 IAC 1-3-5 Examination requirements

Rule 4

839 IAC 1-4-1 839 IAC 1-4-1 Approved course work (Repealed)

839 IAC 1-4-2 839 IAC 1-4-2 Certification by examination (Repealed)

839 IAC 1-4-3 839 IAC 1-4-3 Exemption from examination (Repealed)

839 IAC 1-4-3.1 839 IAC 1-4-3.1 Educational requirements for marriage and family therapists and marriage and family therapist associates

839 IAC 1-4-3.2 839 IAC 1-4-3.2 Experience requirements for marriage and family therapists

839 IAC 1-4-3.3 839 IAC 1-4-3.3 Examination requirements for marriage and family therapist and marriage and family therapist associate

839 IAC 1-4-4 839 IAC 1-4-4 Standards for the competent practice of marriage and family therapy

839 IAC 1-4-5 839 IAC 1-4-5 Supervision for marriage and family therapist licensure applicants

839 IAC 1-4-6 839 IAC 1-4-6 Temporary permits for marriage and family therapists

839 IAC 1-4-7 839 IAC 1-4-7 Examination exemption for marriage and family therapists

Rule 5

839 IAC 1-5-1 839 IAC 1-5-1 Educational requirements for mental health counselors and mental health counselor associates

839 IAC 1-5-1.5 839 IAC 1-5-1.5 Experience requirements for mental health counselors

839 IAC 1-5-2 839 IAC 1-5-2 Examination requirements for mental health counselors and mental health counselor associates

839 IAC 1-5-3 839 IAC 1-5-3 Temporary permits for mental health counselors

839 IAC 1-5-4 839 IAC 1-5-4 Exemption from examination for mental health counselors

839 IAC 1-5-5 839 IAC 1-5-5 Standards for the competent practice of mental health counseling

839 IAC 1-5-6 839 IAC 1-5-6 Examination exemption for mental health counselors (Repealed)

Rule 5.5

839 IAC 1-5.5-1 839 IAC 1-5.5-1 Educational requirements for addiction counselors

839 IAC 1-5.5-2 839 IAC 1-5.5-2 Experience requirements for addiction counselors

839 IAC 1-5.5-3 839 IAC 1-5.5-3 Educational requirements for clinical addiction counselors

839 IAC 1-5.5-4 839 IAC 1-5.5-4 Experience requirements for clinical addiction counselors

839 IAC 1-5.5-5 839 IAC 1-5.5-5 Examination requirements for addiction counselors and clinical addiction counselors

839 IAC 1-5.5-6 839 IAC 1-5.5-6 Temporary permits for addiction counselors and clinical addiction counselors

839 IAC 1-5.5-7 839 IAC 1-5.5-7 Exemption from examination for addiction counselors and clinical addiction counselors

839 IAC 1-5.5-8 839 IAC 1-5.5-8 Standards for the competent practice of addiction and clinical addiction counseling

Rule 6

839 IAC 1-6-1 839 IAC 1-6-1 Continuing education

839 IAC 1-6-2 839 IAC 1-6-2 Approval of continuing education programs

839 IAC 1-6-3 839 IAC 1-6-3 Continuing education requirements

839 IAC 1-6-4 839 IAC 1-6-4 Continuing education audit

839 IAC 1-6-5 839 IAC 1-6-5 Request for a waiver of the continuing education requirement

839 IAC 1-6-6 839 IAC 1-6-6 Continuing education required for renewal on April 1, 2000 (Repealed)

Rule 7

839 IAC 1-7-1 839 IAC 1-7-1 Scope

839 IAC 1-7-2 839 IAC 1-7-2 Issuance of license

839 IAC 1-7-3 839 IAC 1-7-3 Authority to issue license on probation

839 IAC 1-7-4 839 IAC 1-7-4 Convictions of concern

839 IAC 1-7-5 839 IAC 1-7-5 Convictions in another jurisdiction

839 IAC 1-7-6 839 IAC 1-7-6 Prelicensure determinations; fee

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