§ 10-14-3.5-21 — Adherence to the scope of practice established by Indiana law; modification or restriction of health or veterinary services; unauthorized practice; administrative sanctions

Indiana § 10-14-3.5-21

• Jurisdiction: Indiana
• Title 10: PUBLIC SAFETY
• Art. 14: EMERGENCY MANAGEMENT
• Ch. 3.5: Uniform Emergency Volunteer Health Practitioners

Text

(a) Subject to subsections (b) and (c), a
volunteer health practitioner shall adhere to the scope of practice for a
similarly licensed practitioner established by the licensing provisions,
practice acts, or other laws of Indiana.
(b) Except as provided in subsection (c), this chapter does not
authorize a volunteer health practitioner to provide services that are
outside the practitioner's scope of practice, even if a similarly licensed
practitioner in Indiana would be permitted to provide the services.
(c) The department of homeland security may modify or restrict the
health or veterinary services that volunteer health practitioners may
provide under this chapter. An order under this subsection may take
effect immediately, without prior notice or comment, and is not a rule
within the meaning of IC 4-22-2.
(d) A host entity may restrict the health or veterinary services that
a volunteer health practitioner may provide under this chapter.
(e) A volunteer health practitioner does not engage in unauthorized
practice unless the practitioner has reason to know of a limitation,
modification, or restriction under this section or that a similarly
licensed practitioner in Indiana would not be permitted to provide the
services. A volunteer health practitioner has reason to know of a
limitation, modification, or restriction or that a similarly licensed
practitioner in Indiana would not be permitted to provide a service if:
(1) the practitioner knows the limitation, modification, or
restriction exists or that a similarly licensed practitioner in
Indiana would not be permitted to provide the service; or
(2) from all the facts and circumstances known to the practitioner
at the relevant time, a reasonable person would conclude that the
limitation, modification, or restriction exists or that a similarly
licensed practitioner in Indiana would not be permitted to provide
the service.
(f) In addition to the authority granted by laws of Indiana other than
this chapter to regulate the conduct of health practitioners, a licensing
board or other disciplinary authority in Indiana:
(1) may impose administrative sanctions upon a health
practitioner licensed in Indiana for conduct outside of Indiana in
response to an out-of-state emergency;
(2) may impose administrative sanctions upon a practitioner not
licensed in Indiana for conduct in Indiana in response to an
in-state emergency; and
(3) shall report any administrative sanctions imposed upon a
practitioner licensed in another state to the appropriate licensing
board or other disciplinary authority in any other state in which
the practitioner is known to be licensed.
(g) In determining whether to impose administrative sanctions under
subsection (f), a licensing board or other disciplinary authority shall
consider the circumstances in which the conduct took place, including
any exigent circumstances, and the practitioner's scope of practice,
education, training, experience, and specialized skill.

Legislative History

As added by P.L.134-2008, SEC.3. Amended by P.L.1-2009, SEC.96.