INDIANA BOARD ETHICS CODES

http://www.in.gov/pla/bandc/mlbi/IC_25-1-9_Compilation.pdf

IC 25-1-9
    Chapter 9. Health Professions Standards of Practice

IC 25-1-9-1 "Board" defined 

Sec. 1. As used in this chapter, "board" means any of the following:
        (1) Board of chiropractic examiners (IC 25-10-1).
        (2) State board of dentistry (IC 25-14-1).
        (3) Indiana state board of health facility administrators (IC 25-19-1).
        (4) Medical licensing board of Indiana (IC 25-22.5-2).
        (5) Indiana state board of nursing (IC 25-23-1).
        (6) Indiana optometry board (IC 25-24).
        (7) Indiana board of pharmacy (IC 25-26).
        (8) Board of podiatric medicine (IC 25-29-2-1).
        (9) Board of environmental health specialists (IC 25-32).
        (10) Speech-language pathology and audiology board (IC 25-35.6-2).
        (11) State psychology board (IC 25-33).
        (12) Indiana board of veterinary medical examiners (IC 15-5-1.1).
        (13) Indiana physical therapy committee (IC 25-27-1).
        (14) Respiratory care committee (IC 25-34.5).
        (15) Occupational therapy committee (IC 25-23.5).
        (16) Social worker, marriage and family therapist, and mental health counselor board (IC 25-23.6).
        (17) Physician assistant committee (IC 25-27.5).
        (18) Indiana athletic trainers board (IC 25-5.1-2-1).
        (19) Indiana dietitians certification board (IC 25-14.5-2-1).
        (20) Indiana hypnotist committee (IC 25-20.5-1-7).

As added by P.L.152-1988, SEC.1. Amended by P.L.242-1989, SEC.7; P.L.238-1989, SEC.7; P.L.186-1990, SEC.7; P.L.48-1991,
SEC.20; P.L.227-1993, SEC.7; P.L.33-1993, SEC.14; P.L.213-1993, SEC.4; P.L.1-1994, SEC.122; P.L.124-1994, SEC.6; P.L.175-
1997, SEC.6; P.L.147-1997, SEC.10; P.L.84-1998, SEC.5; P.L.24-1999, SEC.6.

IC 25-1-9-2 "Practitioner" defined 

Sec. 2. As used in this chapter, "practitioner" means an individual who holds: 
(1) an unlimited license, certificate, or registration; 
(2) a limited or probationary license, certificate, or registration; 
(3) a temporary license, certificate, registration, or permit; 
(4) an intern permit; or 
(5) a provisional license;
issued by the board regulating the profession in question, including a certificate of registration issued under IC 25-20.
As added by P.L.152-1988, SEC.1.

IC 25-1-9-3 "License" defined 

Sec. 3. As used in this chapter, "license" includes a license, certificate, registration, or permit.
As added by P.L.152-1988, SEC.1.

IC 25-1-9-3.5 "Sexual Contact" defined 

Sec. 3.5. As used in this chapter, "sexual contact" means: 
(1) sexual intercourse (as defined in IC 35-41-1-26); 
(2) deviate sexual conduct (as defined in IC 35-41-1-9); or 
(3) any fondling or touching intended to arouse or satisfy the sexual desires of either the individual performing the fondling or touching or the individual being fondled or touched.
As added by P.L.200-2001, SEC.1.
 
IC 25-1-9-4 Professional standards; types of conduct prohibited; certified copy of record as conclusive evidence 
  
Sec. 4. (a) A practitioner shall conduct the practitioner's practice in accordance with the standards established by the board
regulating the profession in question and is subject to the exercise of the disciplinary sanctions under section 9 of this chapter if, after a hearing, the board finds: 
(1) a practitioner has: 

(A) engaged in or knowingly cooperated in fraud or material deception in order to obtain a license to practice; 
(B) engaged in fraud or material deception in the course of professional services or activities; or 
(C) advertised services in a false or misleading manner; 

(2) a practitioner has been convicted of a crime that has a direct bearing on the practitioner's ability to continue to practice
competently; 

(3) a practitioner has knowingly violated any state statute or rule, or federal statute or regulation, regulating the profession in
question;    

(4) a practitioner has continued to practice although the practitioner has become unfit to practice due to: 
(A) professional incompetence that: 
     (i) may include the undertaking of professional activities that the practitioner is not qualified by training or experience to
undertake; and 
     (ii) does not include activities performed under IC 16-21-2-9; 
(B) failure to keep abreast of current professional theory or practice; 
(C) physical or mental disability; or 
(D) addiction to, abuse of, or severe dependency upon alcohol or other drugs that endanger the public by impairing a
practitioner's ability to practice safely; 

(5) a practitioner has engaged in a course of lewd or immoral conduct in connection with the delivery of services to the public; 

(6) a practitioner has allowed the practitioner's name or a license issued under this chapter to be used in connection with an
individual who renders services beyond the scope of that individual's training, experience, or competence; 
       
(7) a practitioner has had disciplinary action taken against the practitioner or the practitioner's license to practice in any other
state or jurisdiction on grounds similar to those under this chapter;
       
(8) a practitioner has diverted: 
(A) a legend drug (as defined in IC 16-18-2-199); or 
(B) any other drug or device issued under a drug order (as defined in IC 16-42-19-3) for another person;
       
(9) a practitioner, except as otherwise provided by law, has knowingly prescribed, sold, or administered any drug classified as a
narcotic, addicting, or dangerous drug to a habitue or addict;
       
(10) a practitioner has failed to comply with an order imposing a sanction under section 9 of this chapter; 
       
(11) a practitioner has engaged in sexual contact with a patient under the practitioner's care or has used the practitioner-patient
relationship to solicit sexual contact with a patient under the practitioner's care; or
       
(12) a practitioner who is a participating provider of a health maintenance organization has knowingly collected or attempted to collect from a subscriber or enrollee of the health maintenance organization any sums that are owed by the health maintenance
organization. 

(b) A practitioner who provides health care services to the practitioner's spouse is not subject to disciplinary action under
subsection (a)(11). 

(c) A certified copy of the record of disciplinary action is conclusive evidence of the other jurisdiction's disciplinary action under subsection (a)(7).
As added by P.L.152-1988, SEC.1. Amended by P.L.2-1993, SEC.136; P.L.149-1997, SEC.7; P.L.22-1999, SEC.4; P.L. 200-2001,
SEC.2; P.L.203-2001, SEC.3; P.L.1-2002, SEC.96.
 
IC 25-1-9-5 Optometrists; sanctions; prohibited employment 

Sec. 5. In addition to section 4 of this chapter, a practitioner licensed to practice optometry is subject to the exercise of
disciplinary sanctions under section 9 of this chapter if, after a hearing, the board finds a practitioner has accepted employment to
practice optometry from a person other than: 
(1) a corporation formed by an optometrist under IC 23-1.5; or 
(2) an individual who is licensed as an optometrist under this article and whose legal residence is in Indiana.
As added by P.L.152-1988, SEC.1.

IC 25-1-9-6 Veterinarians or veterinary technicians; sanctions; cruelty to animals 

Sec. 6. In addition to section 4 of this chapter, a practitioner licensed to practice veterinary medicine or registered as a veterinary technician is subject to the exercise of the disciplinary sanctions under section 9 of this chapter if, after a hearing, the board finds a practitioner has engaged in cruelty to animals.
As added by P.L.152-1988, SEC.1.

IC 25-1-9-6.5 Waiver of deductible or a copayment 

Sec. 6.5. (a) In addition to section 4 of this chapter, a practitioner licensed to practice chiropractic is subject to the exercise of the disciplinary sanctions under section 9 of this chapter if, after a hearing, the board regulating the profession finds a practitioner has: 
(1) waived a payment of a deductible or a copayment required to be made to the practitioner by a patient under the patient's
insurance or health care plan; and 
(2) advertised the waiver of a payment described in subdivision (1). 

(b) This section does not apply to the waiver of a deductible or a copayment by a practitioner if: 
(1) the practitioner determines chiropractic service is necessary for the immediate health and welfare of a patient; 
(2) the practitioner determines the payment of a deductible or a copayment would create a substantial financial hardship for the patient; and 
(3) the waiver is based on the evaluation of the individual patient and is not a regular business practice of the practitioner.
As added by P.L.151-1989, SEC.9.

IC 25-1-9-6.7 Additional professional standards for licensees under IC 25-23.6 

Sec. 6.7. In addition to the actions listed under section 4 of this chapter that subject a practitioner to the exercise of disciplinary sanctions, a practitioner who is licensed under IC 25-23.6 is subject to the exercise of disciplinary sanctions under section 9 of this
chapter if, after a hearing, the board regulating the profession finds that the practitioner has: 

(1) performed any therapy that, by the prevailing standards of the mental health professions in the community where the services were provided, would constitute experimentation on human subjects, without first obtaining full, informed, and written
consent; 
(2) failed to meet the minimum standards of performance in professional activities when measured against generally prevailing peer performance in professional activities, including the undertaking of activities that the practitioner is not qualified by training or
experience to undertake; 
(3) performed services, including any duties required of the individual under IC 31, in reckless disregard of the best interests of a patient, a client, or the public; 
(4) without the consent of the child's parent, guardian, or custodian, knowingly participated in the child's removal or precipitated others to remove a child from the child's home unless: 
(A) the child's physical health was endangered due to injury as a result of the act or omission of the child's parent, guardian, or custodian; 
(B) the child had been or was in danger of being a victim of an offense under IC 35-42-4, IC 35-45-4-1, IC 35-45-4-2, IC 35-46-1-3, IC 35-49-2-2, or IC 35-49-3-2; or 
(C) the child was in danger of serious bodily harm as a result of the inability, refusal, or neglect of the child's parent, guardian, or custodian to supply the child with necessary food, shelter, or medical care, and a court order was first obtained; 
(5) willfully made or filed a false report or record, failed to file a report or record required by law, willfully impeded or obstructed
the filing of a report or record, or induced another individual to: 
(A) make or file a false report or record; or 
(B) impede or obstruct the filing of a report or record; or 
(6) performed a diagnosis (as defined in IC 25-22.5-1-1.1(c)); 
(7) provided evidence in an administrative or judicial proceeding that had insufficient factual basis for the conclusions rendered by the practitioner; 
(8) willfully planted in the mind of the patient suggestions that are not based in facts known to the practitioner; or 
(9) performed services outside of the scope of practice of the license issued under IC 25-23.6.

As added by P.L.147-1997, SEC.11. Amended by P.L.2-1998, SEC.65.

IC 25-1-9-6.8 Prescribing stimulant medication for a child; guidelines 

Sec. 6.8. (a) This section applies to a practitioner who is: 
(1) licensed to practice medicine or osteopathic medicine under IC 25-22.5; or 
(2) an advanced practice nurse granted prescriptive authority under IC 25-23, and whose practice agreement with a collaborating physician reflects the conditions specified in subsection (b).
   
(b) Before prescribing a stimulant medication for a child for the treatment of attention deficit disorder or attention deficit hyperactivity disorder, a practitioner described in subsection (a) shall follow the most recent guidelines adopted by the American
Academy of Pediatrics or the American Academy of Child and Adolescent Psychiatry for the diagnosis and evaluation of a child with attention deficit disorder or attention deficit hyperactivity disorder.        
     
As added by P.L. 107-2002, SEC. 28.
 
IC 25-1-9-6.9 Additional professional standards; failure to provide information; providing false information
   
Sec. 6.9. In addition to the actions listed under section 4 of this chapter that subject a practitioner to disciplinary sanctions, a practitioner is subject to the exercise of disciplinary sanctions under section 9 of this chapter if, after a hearing, the board finds that the practitioner has:
        (1) failed to provide information requested by the bureau; or
        (2) knowingly provided false information to the bureau;
for a provider profile required under IC 25-1-5-10.

As added by P.L.211-2001, SEC.2.

IC 25-1-9-7 Physical or mental examinations 

Sec. 7. The board may order a practitioner to submit to a reasonable physical or mental examination if the practitioner's physical or mental capacity to practice safely is at issue in a disciplinary proceeding.

As added by P.L.152-1988, SEC.1.

IC 25-1-9-8 Failure to submit to examination; summary suspension 

Sec. 8. Failure to comply with a board order to submit to a physical or mental examination makes a practitioner liable to summary suspension under section 10 of this chapter. As added by P.L.152-1988, SEC.1.

IC 25-1-9-9 Sanctions; modification or withdrawal of probation 

Sec. 9. (a) The board may impose any of the following sanctions, singly or in combination, if it finds that a practitioner is subject to disciplinary sanctions under section 4, 5, 6, 6.7, or 6.9 of this chapter or IC 25-1-5-4:
        (1) Permanently revoke a practitioner's license.
        (2) Suspend a practitioner's license.
        (3) Censure a practitioner.
        (4) Issue a letter of reprimand.
        (5) Place a practitioner on probation status and require the practitioner to:
            (A) report regularly to the board upon the matters that are the basis of probation;
            (B) limit practice to those areas prescribed by the board;
            (C) continue or renew professional education under a preceptor, or as otherwise directed or approved by the board, until a satisfactory degree of skill has been attained in those areas that are the basis of the probation; or
            (D) perform or refrain from performing any acts, including community restitution or service without compensation, that the board considers appropriate to the public interest or to the rehabilitation or treatment of the practitioner.
        (6) Assess a fine against the practitioner in an amount not to exceed one thousand dollars ($1,000) for each violation listed in section 4 of this chapter, except for a finding of incompetency due to a physical or mental disability. When imposing a fine, the board
shall consider a practitioner's ability to pay the amount assessed. If the practitioner fails to pay the fine within the time specified by the board, the board may suspend the practitioner's license without additional proceedings. However, a suspension may not be
imposed if the sole basis for the suspension is the practitioner's inability to pay a fine. 

(b) The board may withdraw or modify the probation under subsection (a)(5) if it finds, after a hearing, that the deficiency that required disciplinary action has been remedied, or that changed circumstances warrant a modification of the order.
As added by P.L.152-1988, SEC.1. Amended by P.L.48-1991, SEC.21; P.L.22-1999, SEC.5; P.L.32-2000, SEC.10; P.L.211-2001,
SEC.3.

IC 25-1-9-10 Summary suspension of license; opportunity to be heard 
   
Sec. 10. (a) The board may summarily suspend a practitioner's license for ninety (90) days before a final adjudication or during the appeals process if the board finds that a practitioner represents a clear and immediate danger to the public health and safety if
the practitioner is allowed to continue to practice. The summary suspension may be renewed upon a hearing before the board, and each renewal may be for ninety (90) days or less.
    (b) Before the board may summarily suspend a license that has been issued under IC 15-5-1.1, IC 25-22.5 or IC 25-14, the consumer protection division of the attorney general's office shall make a reasonable attempt to notify a practitioner of a hearing by
the board to suspend a practitioner's license and of information regarding the allegation against the practitioner. The consumer protection division of the attorney general's office shall also notify the practitioner that the practitioner may provide a written or an
oral statement to the board on the practitioner's behalf before the board issues an order for summary suspension. A reasonable attempt to reach the practitioner is made if the consumer protection division of the attorney general's office attempts to reach the
practitioner by telephone or facsimile at the last telephone number of the practitioner on file with the board.
    (c) After a reasonable attempt is made to notify a practitioner under subsection (b):
        (1) a court may not stay or vacate a summary suspension of a practitioner's license for the sole reason that the practitioner was not notified; and
        (2) the practitioner may not petition the board for a delay of the summary suspension proceedings.

As added by P.L.152-1988, SEC.1. Amended by P.L.43-1995, SEC.2; P.L.71-2000, SEC.18.
IC 25-1-9-10.1 Retention of clinical consultants and experts to advise on suspension 

Sec. 10.1. The attorney general may retain the services of a clinical consultant or an expert to provide the attorney general with
advice concerning the acts that are the subject of a suspension under this chapter.

As added by P.L.43-1995, SEC.3.

IC 25-1-9-11 Reinstatement of suspended license 

Sec. 11. The board may reinstate a license which has been suspended under this chapter if, after a hearing, the board is satisfied that the applicant is able to practice with reasonable skill and safety to the public. As a condition of reinstatement, the board may
impose disciplinary or corrective measures authorized under this chapter.

As added by P.L.152-1988, SEC.1.

IC 25-1-9-12 Reinstatement of revoked license 

Sec. 12. The board may not reinstate a license that has been revoked under this chapter. An individual whose license has been revoked under this chapter may not apply for a new license until seven (7) years after the date of revocation.

As added by P.L.152-1988, SEC.1.

IC 25-1-9-13 Consistency in application of sanctions 
Sec. 13. The board shall seek to achieve consistency in the application of the sanctions authorized in this section. Significant departures from prior decisions involving similar conduct must be explained in the board's findings or orders.

As added by P.L.152-1988, SEC.1.

IC 25-1-9-14 Surrender of license  

Sec. 14. A practitioner may petition the board to accept the surrender of the practitioner's license instead of a hearing before the board. The practitioner may not surrender the practitioner's license without the written approval of the board, and the board may impose any conditions appropriate to the surrender or reinstatement of a surrendered license.

As added by P.L.152-1988, SEC.1.

IC 25-1-9-15 Costs of disciplinary proceeding; payment; limitations 

Sec. 15. Practitioners who have been subjected to disciplinary sanctions may be required by a board to pay for the costs of the
proceeding. The practitioner's ability to pay shall be considered when costs are assessed. If the practitioner fails to pay the costs, a
suspension may not be imposed solely upon the practitioner's inability to pay the amount assessed. These costs are limited to costs
for the following:
        (1) Court reporters.
        (2) Transcripts.
        (3) Certification of documents.
        (4) Photoduplication.
        (5) Witness attendance and mileage fees.
        (6) Postage.
        (7) Expert witnesses.
        (8) Depositions.
        (9) Notarizations.

As added by P.L.152-1988, SEC.1.

IC 25-1-9-16 Refusal of licensure or grant of probationary license 

Sec. 16. (a) The board may refuse to issue a license or may issue a probationary license to an applicant for licensure if:
        (1) the applicant has been disciplined by a licensing entity of another state or jurisdiction, or has committed an act that would
have subjected the applicant to the disciplinary process had the applicant been licensed in Indiana when the act occurred; and
        (2) the violation for which the applicant was, or could have been, disciplined has a direct bearing on the applicant's ability to
competently practice in Indiana. 

(b) Whenever the board issues a probationary license, the board may impose one (1) or more of the following conditions:
        (1) Report regularly to the board upon the matters that are the basis of the discipline of the other state or jurisdiction.
        (2) Limit practice to those areas prescribed by the board.
        (3) Continue or renew professional education.
        (4) Engage in community restitution or service without compensation for a number of hours specified by the board.
        (5) Perform or refrain from performing an act that the board considers appropriate to the public interest or to the rehabilitation
or treatment of the applicant.
   
(c) The board shall remove any limitations placed on a probationary license under this section if the board finds after a hearing
that the deficiency that required disciplinary action has been remedied.

As added by P.L.33-1993, SEC.15. Amended by P.L.32-2000, SEC.11.
 
IC 25-1-9-17 Applicant appearance before board or controlled substances advisory committee 

Sec. 17. The board and the controlled substances advisory committee (IC 35-48-2-1) may require an applicant for licensure to
appear before the board or committee before issuing a license.

As added by P.L.33-1993, SEC.16.

IC 25-1-9-18 Fitness determination of health care provider; filing of complaint 

Sec. 18. (a) If the insurance commissioner forwards to the board the name of a practitioner under IC 34-18-9-4(a) (or IC 27-12-9-4(a) before its repeal), the board shall consider whether:
        (1) the practitioner has become unfit to practice under section 4 of this chapter; and
        (2) a complaint should be filed under IC 25-1-7-4.
   
(b) If the board determines that a complaint should be filed under subsection (a), the board must report to the consumer
protection division whether the board will schedule the matter:
        (1) for informal negotiation under IC 25-1-7-6;
        (2) on the board's agenda for a vote requesting that the attorney general prosecute the matter before the board under IC 25-1-7-7; or
        (3) on the board's agenda for a vote on summary suspension of the practitioner's license pending prosecution of the matter
before the board under IC 25-1-7-7.
   
(c) A board may designate a board member or staff member to act on behalf of the board under this section.

As added by P.L.43-1995, SEC.4. Amended by P.L.1-1998, SEC.131.