in-20251217-IR-848250775INA: LATE LICENSE RENEWAL FEE

TITLE 848 INDIANA STATE BOARD OF NURSING Notice of Public Comment Period for Interim Rule LSA Document #25-775 LATE LICENSE RENEWAL FEE PURPOSE OF NOTICE The Indiana State Board of Nursing (board) is soliciting public comment on temporarily amending rules at 848 IAC 1-1-14 by adding the longstanding $50 late license renewal fee to the board's rules in compliance with IC 4-22-2-19.6(b). The board seeks comment on the affected citations listed and any other provisions of Title 848 that may be affected by this rulemaking. ADDITIONAL DOCUMENTS Governor's Approval: 20251217-IR-848250775GAA Regulatory Analysis: 20251217-IR-848250775RAA CITATIONS AFFECTED: 848 IAC 1-1-14 AUTHORITY: IC 25-1-8-2; IC 25-23-1-7 OVERVIEW Basic Purpose and Background Prior to the passing of House Enrolled Act (HEA) 1623 in 2023, the Indiana professional licensing agency and the board historically charged a $50 late license renewal fee. Licensees are required to renew their licenses biannually on odd-numbered years and the most recent renewal cycle for the board ended on October 31, 2025. For lack of this interim rule, the board has not been able to collect late renewal fees and will not be able to do so until the interim rule is enacted. According to IC 4-22-2-19.6(b), which was enacted after HEA 1623 and IC 25-1-8-6, “For each fee, fine, or civil penalty imposed by an agency that is not set as a specific amount in a state law, a rule must describe the circumstances for which the agency will assess a fee, fine, or civil penalty and set forth the amount of the fee, fine, or civil penalty as a specific dollar amount”. To limit the loss of revenue collected in the form of late fees that ultimately benefits the General Fund and its recipients, and to continue to incentivize compliance on behalf of licensees, the proposed interim rule must be approved, allowing the collection of late fees to resume as soon as possible. Statement Justifying Requirement or Cost First, there are no additional costs proposed for regulated entities. The $50 late renewal fee has been charged historically. It can be avoided entirely by submitting a timely renewal during the 3 ½ month period allowed for doing so. With respect to justification, IC 4-22-2-19.6(b) requires, as amended by HB 1623 (retroactively effective January 1, 2023), that for each fee, fine, or civil penalty imposed by an agency that is not set as a specific amount in a state law, a rule must describe the circumstances for which the agency will assess a fee, fine, or civil penalty and set forth the amount of the fee, fine, or civil penalty. The proposed interim rule brings the longstanding $50 late renewal fees into conformity with IC 4-22-2-19.6(b)(1) by codifying it within 848 IAC 1-1-14(f) as a “specific dollar amount”. The most recent license renewal cycle for the board ended October 31, 2025. Currently, the board may not collect late fees from those who missed the deadline. Timing is critical because each day that the interim rule is incomplete, late renewals come in and the board cannot assess a late fee. The revised laws justifying the interim rulemaking are as follows: Under IC 4-22-2-19.5, the proposed interim rule: (1) achieves the regulatory goal in the least restrictive manner; (2) avoids duplication; and (3) is practical to enforce and maintain. The proposed rule neither increases barriers nor burdens and incentivizes timely renewal of licenses. It also supports the efforts required to manage compliance, and gives the staff and board time to reinstate lapsed licenses. REQUEST FOR PUBLIC COMMENT The board is soliciting public comment on the proposed interim rule. Comments may be submitted in one of the following ways: COMMENT PERIOD DEADLINE All comments must be postmarked or time stamped not later than January 16, 2026. The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis and Statement Justifying Requirement or Cost, and materials incorporated by reference (if applicable) are on file at the Indiana Professional Licensing Agency, 402 West Washington Street, Room W072, Indianapolis, Indiana and are available for public inspection. Copies of the rule, Regulatory Analysis, and appendices referenced in the Regulatory Analysis and Statement Justifying Requirement or Cost are available at the Indiana Professional Licensing Agency office. PROPOSED INTERIM RULE Sec. 14. (a) The fee for licensure by examination is the cost equal to the fee charged by the national provider of the exam and an additional administrative fee of fifty dollars ($50) for the registered nurse examination, or fifty dollars ($50) for the practical nurse examination. (b) The fee for licensure by endorsement is fifty dollars ($50). (c) Verification of licensure to another state or jurisdiction shall may be obtained through Nursys, the nurse license verification system of the National Council of State Boards of Nursing, Inc., 35331 Eagle Way, Chicago, Illinois IL 60678-1353, http://www.ncsbn.org. The individual requesting verification of licensure is responsible for paying the fee assessed by Nursys. (d) If verification is not available through Nursys, the fee for verification of licensure to another state or jurisdiction is ten dollars ($10). (e) The fee for licensure renewal is fifty dollars ($50) for the biennium or any part thereof. (f) The penalty fee for late renewals is as established by the health professions bureau fifty dollars ($50). (g) The fee for a temporary permit to practice nursing as an applicant awaiting licensure by endorsement, pursuant to under IC 25-23-1-10.5, is ten dollars ($10). (h) The fee for a duplicate wall certificate is ten dollars ($10). (i) The filing fee for a multistate licensure privilege form is twenty-five dollars ($25). (j) The fee for updating the multistate licensure privilege form is twenty-five dollars ($25) per biennium. (k) The fee for reinstatement of a license invalidated under IC 25-23.2-3-4 [IC 25-23.2 was repealed by P.L.1-2007, SECTION 248, effective March 30, 2007.] is to be determined by IC 25-1-8-6. (Indiana State Board of Nursing; 848 IAC 1-1-14; filed Mar 29, 1985, 10:43 a.m.: 8 IR 1028; filed Sep 12, 1985, 3:29 p.m.: 9 IR 289; filed Jun 6, 1996, 9:00 a.m.: 19 IR 3105; readopted filed Jul 30, 2001, 2:07 p.m.: 24 IR 4237; filed Jun 17, 2003, 8:50 a.m.: 26 IR 3651; readopted filed Jul 19, 2007, 12:54 p.m.: 20070808-IR-848070058RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-848130284RFA; readopted filed Nov 25, 2019, 12:21 p.m.: 20191225-IR-848190187RFA; readopted filed Jul 31, 2024, 1:06 p.m.: 20240828-IR-848230831RFA) LSA Document # 25-775 Approved by Governor: December 2, 2025 Documents Incorporated by Reference: None Received by Publisher