TITLE 856 INDIANA BOARD OF PHARMACY
Emergency Rule
LSA Document #19-420(E)
DIGEST
Temporarily adds a list of convictions of concern and related provisions, implementing IC 25-1-1.1-6. Statutory authority: IC 25-1-1.1-6. Effective August 21, 2019.
SECTION 1. This document implements IC 25-1-1.1-6 regarding convictions of concern, which may disqualify an individual for licensure by the Indiana board of pharmacy, and includes in SECTION 4 of this document an explicit list of convictions of concern that may disqualify an individual from receiving a license.
SECTION 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).
SECTION 3. This document and IC 25-1-1.1-6 do not limit the authority of the Indiana board of pharmacy to issue a license on probation if appropriate under IC 25-1-9-16 or any other applicable statute.
SECTION 4. This SECTION contains the list of convictions of concern as follows:
(1) Crimes involving sexual acts that can be considered without respect to age of conviction are as follows:
(C) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
(2) Crimes of violence that can be considered without respect to age of conviction are as follows:
(C) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony (IC 35-43-2-1).
(F) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
(J) Operating a vehicle while intoxicated causing death (IC 9-30-5-5).
(K) Operating a vehicle while intoxicated causing serious bodily injury to another person (IC 9-30-5-4).
(O) Robbery as a Level 2 felony or 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).
(3) Abandonment or neglect of vertebrate animals; defense (IC 35-46-3-7).
(6) Agricultural terrorism (IC 35-47-12-2 [IC 35-47-12 was repealed by P.L.66-2019, SECTION 19, effective July 1, 2019.]).
(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).
(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).
(20) Carrying a handgun without being licensed; exceptions; person convicted of domestic battery (IC 35-47-2-1).
(22) Child exploitation; possession of child pornography; exemptions; defenses (IC 35-42-4-4).
(25) Conspiracy under IC 35-41-5-2 to commit an offense listed in this SECTION.
(29) Counterfeiting; false or fraudulent sales receipts; forgery; application fraud (IC 35-43-5-2).
(31) Criminal mischief; institutional criminal mischief; controlled substance criminal mischief (IC 35-43-1-2).
(34) Criminal recklessness; element of hazing; liability barred for good faith report or judicial participation (IC 35-42-2-2).
(37) Criminal use or possession of code grabbing device (IC 35-45-12-2).
(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).
(46) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
(47) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
(48) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(49) Dealing in a substance represented to be a controlled substance (IC 35-48-4-4.5 [IC 35-48-4-4.5 was repealed by P.L.80-2019, SECTION 26, effective July 1, 2019.]).
(50) Dealing in a synthetic drug or synthetic drug lookalike substance (IC 35-48-4-10.5 [IC 35-48-4-10.5 was repealed by P.L.80-2019, SECTION 29, effective July 1, 2019.]).
(52) Dealing in marijuana, hash oil, hashish, or salvia (IC 35-48-4-10).
(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).
(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).
(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).
(70) Duties of driver of motor vehicle involved in accident; sentencing (IC 9-26-1-1.1).
(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).
(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).
(81) False reports; criminal and civil liability; notification of prosecuting attorney (IC 31-33-22-3).
(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).
(89) Hindering or obstructing detection, disarming, or destruction of destructive device (IC 35-47.5-5-7).
(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).
(113) Neglect, abuse, or maltreatment of a patient in a state institution; penalty (IC 12-24-17-3).
(116) Obstruction of delivery of prescription drug (IC 35-45-21-5).
(118) Obtaining child abuse information under false pretenses; knowingly falsifying records or interfering with an investigation (IC 31-33-22-2).
(120) Offenses relating to registration labeling and prescription forms (IC 35-48-4-14).
(122) Participation in criminal organization; offense (IC 35-45-9-3).
(126) Possession of a controlled substance; obtaining a schedule V controlled substance (IC 35-48-4-7).
(127) Possession of a dangerous device while incarcerated (IC 35-44.1-3-7).
(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 (in IC 35-47-9-2).
(132) Possession of marijuana, hash oil, hashish, or salvia (IC 35-48-4-11).
(137) Prohibited sales or transfers of ownership (IC 35-47-2-7).
(140) Promotion of child sexual trafficking; promotion of sexual trafficking of a younger child (IC 35-42-3.5-1.2).
(143) Promotion, use of animals, or attendance with animal at animal fighting contest (IC 35-46-3-9).
(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).
(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).
(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).
(164) Sexually violent predator; duty to notify (IC 11-8-8-18).
(167) Synthetic drug or synthetic drug lookalike substance; penalties (IC 35-48-4-11.5 [IC 35-48-4-11.5 was repealed by P.L.80-2019, SECTION 30, effective July 1, 2019.]).
(170) Tampering with a water supply; poisoning (IC 35-43-1-5).
(173) Terroristic mischief (IC 35-47-12-3 [IC 35-47-12 was repealed by P.L.66-2019, SECTION 19, effective July 1, 2019.]).
(175) Threats; refusal to join or withdraw 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).
(181) Unlawful employment near children 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).
(184) Unlawful manufacture, distribution, or possession of counterfeit substance (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).
(190) Unlawful use of a communications medium; definitions (IC 35-45-2-3 [IC 35-45-2-3 was repealed by P.L.32-2019, SECTION 36, effective July 1, 2019.]).
(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).
(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.
(230) Violation of any state drug law related to wholesale legend drug distribution (IC 25-26-14).
(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).
SECTION 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 document shall also be a crime that may disqualify an individual from receiving a license and therefore included on the list.
SECTION 6. The fee for a petition under IC 25-1-1.1-6(g) for a determination as to whether the individual's misdemeanor or felony conviction may disqualify the individual from receiving a license or certification shall be twenty-five dollars ($25).
SECTION 7. SECTIONS 1 through 6 of the document expire on September 1, 2021.
Filed with Publisher: August 21, 2019, 3:35 p.m.
Posted: 08/28/2019 by Legislative Services Agency
DIN: 20190828-IR-856190420ERA
Composed: Nov 21,2024 8:05:22PM EST
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