HB 1254

           Second Regular Session of the 124th General Assembly (2026)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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provision adopted), the text of the new provision will appear in this style type. Also, the
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2025 Regular Session of the General Assembly.
    HOUSE ENROLLED ACT No. 1254
   AN ACT to amend the Indiana Code concerning professions and
occupations.
    Be it enacted by the General Assembly of the State of Indiana:
    SECTION 1. IC 25-13-1-4, AS AMENDED BY P.L.103-2011,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) Any person desiring to practice dental
hygiene in Indiana must procure from the board a license to practice
dental hygiene. To procure a license, the applicant must submit to the
board proof of graduation from an institution for educating dental
hygienists that is approved by the board described in section 6(2) of
this chapter and other credentials required by this chapter, together
with an application on forms prescribed and furnished by the board.
Each applicant must pay to the board an application fee set by the
board under section 5 of this chapter at the time the application is made
and must pass an examination administered by an entity approved by
the board. The board may establish under section 5 of this chapter
additional requirements as a prerequisite to taking an examination for
any applicant who has failed the examination two (2) or more times.
Application fees are not refundable.
    (b) An applicant described under subsection (a) shall, at the request
of the board, make an appearance before the board.
    SECTION 2. IC 25-13-1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 5. (a) The board shall
enforce this chapter.
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   (b) The board may adopt rules consistent with this chapter and with
IC 25-14-1 necessary for the proper enforcement of this chapter, the
examination of dental hygienists, the educational requirements
described in section 6(2) of this chapter, and for the conduct of the
practice of dental hygiene.
   (c) The board may utilize a dental hygienist education program's
accreditation by the Commission on Dental Accreditation of the
American Dental Association as evidence that the program has met all
or part of the standards for dental hygienist education programs
established by the board.
   SECTION 3. IC 25-13-1-6, AS AMENDED BY P.L.264-2013,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. An applicant:
     (1) must not have been convicted of a crime that has a direct
     bearing on the applicant's ability to practice competently;
     (2) must be a graduate of a:
         (A) school for dental hygienists that:
           (A) (i) is accredited by the Commission on Dental
           Accreditation of the American Dental Association;
           (B) (ii) is recognized by the board; and
           (C) (iii) requires a formal course of training of not less than
           two (2) years of eight (8) months each; or
         (B) dental college or university in a foreign country with a
         degree that is equal to at least a doctorate in Indiana of:
           (i) dental surgery; or
           (ii) dental medicine;
         determined and approved by the board;
     (3) must pass an examination administered by an entity approved
     by the board; and
     (4) may not take the examination described in subdivision (3)
     more than three (3) times; and
     (5) if the applicant is a graduate of a dental college or
     university described in subdivision (2), must submit the
     following to the board:
         (A) The applicant's academic transcripts for review by the
         board, including an English translation of the transcript if
         the transcript is not in English.
         (B) A satisfactory credential verification assessment by:
           (i) the board;
           (ii) an organization that is a member of the National
           Association of Credential Evaluation Services; or
           (iii) any other organization approved by the board.
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    SECTION 4. IC 25-13-1-10.7, AS ADDED BY P.L.35-2020,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10.7. (a) A dental hygienist or dental assistant (as
defined in IC 25-14-1-1.5(4)) may administer nitrous oxide under the
direct supervision of a licensed dentist if the dental hygienist or dental
assistant has:
      (1) either:
          (A) been employed in a dental practice for at least one (1)
          year; or
          (B) has graduated from a program:
            (i) accredited by the Commission on Dental Accreditation of
            the American Dental Association; or
            (ii) approved by the board;
      (2) satisfactorily completed a three (3) hour didactic nitrous oxide
      administration course that:
          (A) containing contains curriculum on pharmacology,
          biochemistry, anatomy of nitrous oxide administration,
          emergency procedures, and the mechanics of operating a
          nitrous unit; and
          (B) is accredited by the Commission on Dental Accreditation
          of the American Dental Association or approved by the
          board; and
      (3) demonstrated clinical competency on at least five (5) patients
      under the direct supervision of a licensed Indiana dentist whose
      license is in good standing.
    (b) The licensed Indiana dentist supervising the clinical competency
under subsection (a)(3) shall provide to the dental hygienist or dental
assistant a signed affidavit certifying the competency.
    (c) Upon receipt of the affidavit provided to a dental hygienist or
dental assistant under subsection (b), the provider of an educational
program or curriculum described in subsection (a)(2) shall issue a
certificate of completion to the dental hygienist or dental assistant. The
certificate of completion must be publicly displayed in the dental office
of the dental hygienist or dental assistant.
    (d) Before permitting a dental hygienist or dental assistant to
administer nitrous oxide, the supervising dentist shall:
      (1) verify that the dental hygienist or dental assistant has
      completed the requirements of subsection (a);
      (2) determine the maximum percent-dosage of nitrous oxide to be
      administered to the patient; and
      (3) ensure that any administration or monitoring of nitrous oxide
      by dental hygienists or dental assistants is done in accordance
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      with relevant guidelines and standards developed by the
      American Dental Association or the American Academy of
      Pediatric Dentistry.
    SECTION 5. IC 25-14-1-3, AS AMENDED BY P.L.264-2013,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) A person desiring to begin the practice of
dentistry in Indiana shall procure from the board a license to practice
dentistry in Indiana. Except as provided in section 4.5 of this chapter,
to procure the license, the applicant must submit to the board proof of
graduation from a dental college recognized by the board. The board
may recognize dental schools accredited by the Commission on Dental
Accreditation of the American Dental Association, if the board is
satisfied that the recognition is consistent with the board's
requirements. Every applicant must pass an examination administered
by an entity approved by the board and, except as provided in
subsection (b), may not take the examination more than three (3)
times.
    (b) The board may establish additional requirements for an
applicant who has failed the examination at least three (3) times.
The applicant must complete any additional requirements before
the applicant may take the examination again.
    (b) (c) A fee paid under this article may not be refunded.
    SECTION 6. IC 25-34.5-2-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 8. (a) Each applicant
for licensure as a respiratory care practitioner must present satisfactory
evidence that the applicant:
      (1) does not have a conviction for:
          (A) an act that would constitute a ground for disciplinary
          sanction under IC 25-1-9; or
          (B) a crime that has a direct bearing on the practitioner's
          ability to practice competently;
      (2) has not been the subject of a disciplinary action initiated by
      the licensing or certification agency of another state or
      jurisdiction on the grounds that the applicant was unable to
      practice as a respiratory care practitioner without endangering the
      public; and
      (3) has either:
          (A) before January 1, 2028, passed a respiratory care
          practitioner licensing or certification examination approved by
          the board; or
          (B) after December 31, 2027, successfully completed both
          portions of the registered respiratory therapist
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         examination, administered by the National Board for
         Respiratory Care or its successor organization.
   (b) Each applicant for licensure as a respiratory care practitioner
must submit proof to the committee of the applicant's:
     (1) graduation from a school or program of respiratory care that
     meets standards set by the board;
     (2) completion of a United States military training program in
     respiratory care; or
     (3) completion of sufficient postsecondary education to be
     credentialed by a national respiratory care practitioner
     organization approved by the committee.
   (c) At the time of making application, each applicant must pay a fee
determined by the board after consideration of a recommendation of
the committee.
   SECTION 7. IC 25-34.5-2-9, AS AMENDED BY P.L.177-2015,
SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 9. (a) Except as provided in section 11 of this
chapter, the committee shall issue a license to each applicant who
     (1) successfully passes the examination provided in section 12 of
     this chapter; and
     (2) meets the requirements of section 8 of this chapter.
   (b) Subject to IC 25-1-2-6(e), a license issued under this section
expires on the last day of the regular renewal cycle established under
IC 25-1-5-4.
   SECTION 8. IC 25-34.5-2-10.1, AS AMENDED BY P.L.149-2022,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10.1. (a) The committee shall issue a temporary
permit to a person to practice respiratory care or to profess to be a
respiratory care practitioner, not more than thirty (30) days after the
application is filed and completed, if the person pays a fee and:
     (1) has:
         (A) a valid license or certificate to practice from another state;
         and
         (B) applied for a license from the committee;
     (2) is practicing in a state that does not license or certify
     respiratory care practitioners but is credentialed by a national
     respiratory care practitioner association approved by the
     committee, and the person has applied for a license from the
     committee; or
     (3) has:
         (A) been approved by the committee to take the next
         examination; and
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          (B) graduated from a school or program approved by the
          committee. is qualified to take the examination by being a
          graduate of a school or program of respiratory care that
          meets standards set by the board.
    (b) A temporary permit expires the earlier of:
      (1) the date the person holding the permit is issued a license under
      this article; or
      (2) the date the committee disapproves the person's license
      application.
    (c) The committee may renew a temporary permit if the person
holding the permit was scheduled to take the next examination and:
      (1) did not take the examination; and
      (2) shows good cause for not taking the examination.
    (d) A permit renewed under subsection (c) expires on the date the
person holding the permit receives the results from the next
examination given after the permit was issued.
    SECTION 9. IC 25-34.5-2-12 IS REPEALED [EFFECTIVE JULY
1, 2026]. Sec. 12. (a) Examinations of applicants for licensure under
this article shall be held at least semiannually on dates set by the board.
    (b) An examination under this section must include a written
examination that tests the following:
      (1) The applicant's knowledge of the basic and clinical sciences
      as they relate to the practice of respiratory care.
      (2) Other subjects that the committee considers useful to test an
      applicant's fitness to practice respiratory care.
    (c) An otherwise qualified applicant who fails an examination and
is refused licensure may take another scheduled examination upon
payment of an additional fee set by the board under rules adopted under
section 7 of this chapter.
    SECTION 10. IC 25-34.5-2-14, AS AMENDED BY P.L.152-2024,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 14. (a) The committee shall issue a student permit
to an individual if the individual does the following:
      (1) Submits the appropriate application to the committee.
      (2) Pays the fee established by the board.
      (3) Submits written proof to the committee that the individual is
      a student in good standing in a respiratory care school or program
      that: has been:
          (A) has been approved by the committee for purposes of
          section 8(b)(1) of this chapter;
          (B) approved by the committee for purposes of section
          10.1(a)(3)(B) is described in section 10.1(a)(3) of this
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          chapter; or
          (C) has been otherwise approved by the committee.
      (4) Submits satisfactory evidence that the individual:
          (A) does not have a conviction described in section 8(a)(1) of
          this chapter; and
          (B) has not been the subject of a disciplinary action described
          in section 8(a)(2) of this chapter.
   (b) The committee shall issue a student permit as soon as it is
reasonably practicable after an individual fulfills the requirements of
subsection (a).
   (c) An individual who holds a student permit may only perform
respiratory care procedures that have been part of a course:
      (1) the individual has successfully completed in the respiratory
      care program designated under subsection (a)(3); and
      (2) for which the successful completion has been documented and
      that is available upon request to the committee.
   (d) The committee may expand the list of respiratory care
procedures that an individual may perform under the individual's
student permit to include additional respiratory care procedures that
have been part of a course:
      (1) that the individual has successfully completed in the
      respiratory care program designated under subsection (a)(3); and
      (2) for which the individual's successful completion has been
      documented.
Upon request by the committee, the individual shall provide
documentation of the successful completion of a course described in
this subsection.
   (e) The procedures permitted under subsections (c) and (d) may be
performed only:
      (1) on patients who are not critical care patients; and
      (2) under the proximate supervision of a practitioner.
   (f) A holder of a student permit shall meet in person at least one (1)
time each working day with the permit holder's supervising practitioner
or a designated respiratory care practitioner to review the permit
holder's clinical activities. The supervising practitioner or a designated
respiratory care practitioner shall review and countersign the entries
that the permit holder makes in a patient's medical record not more
than seven (7) calendar days after the permit holder makes the entries.
   (g) A supervising practitioner may not supervise at one (1) time
more than three (3) holders of student permits issued under this section.
   (h) A student permit expires on the earliest of the following:
      (1) The date the permit holder is issued a license under this
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   article.
   (2) The date the committee disapproves the permit holder's
   application for a license under this article.
   (3) The date the permit holder ceases to be a student in good
   standing in a respiratory care program approved by the
   committee. The graduation of a student permit holder from a
   respiratory care program approved by the committee does not
   cause the student permit to expire under this subdivision.
   (4) Sixty (60) days after the date that the permit holder graduates
   from a respiratory care program approved by the committee.
   (5) The date that the permit holder is notified that the permit
   holder has failed the licensure examination.
   (6) Two (2) years after the date of issuance.
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Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date:  Time:
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