(a)A person holding a certificate or license
issued under this article must comply with the applicable standards and
rules established under this article. A certificate holder or license
holder is subject to disciplinary sanctions under subsection (b) if the
department of homeland security determines that the certificate holder
or license holder:
(1)engaged in or knowingly cooperated in fraud or material
deception in order to obtain a certificate or license, including
cheating on a certification or licensure examination;
(2)engaged in fraud or material deception in the course of
professional services or activities;
(3)advertised services or goods in a false or misleading manner;
(4)falsified or knowingly allowed another person to falsify
attendance records or certificates of completio
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(a) A person holding a certificate or license
issued under this article must comply with the applicable standards and
rules established under this article. A certificate holder or license
holder is subject to disciplinary sanctions under subsection (b) if the
department of homeland security determines that the certificate holder
or license holder:
(1) engaged in or knowingly cooperated in fraud or material
deception in order to obtain a certificate or license, including
cheating on a certification or licensure examination;
(2) engaged in fraud or material deception in the course of
professional services or activities;
(3) advertised services or goods in a false or misleading manner;
(4) falsified or knowingly allowed another person to falsify
attendance records or certificates of completion of continuing
education courses required under this article or rules adopted
under this article;
(5) is convicted of a crime, if the act that resulted in the
conviction has a direct bearing on determining if the certificate
holder or license holder should be entrusted to provide emergency
medical services;
(6) is convicted of violating IC 9-19-14.5;
(7) fails to comply and maintain compliance with or violates any
applicable provision, standard, or other requirement of this article
or rules adopted under this article;
(8) continues to practice if the certificate holder or license holder
becomes unfit to practice due to:
(A) professional incompetence that includes the undertaking of
professional activities that the certificate holder or license
holder is not qualified by training or experience to undertake;
(B) failure to keep abreast of current professional theory or
practice;
(C) physical or mental disability; or
(D) addiction to, abuse of, or dependency on alcohol or other
drugs that endanger the public by impairing the certificate
holder's or license holder's ability to practice safely;
(9) engages in a course of lewd or immoral conduct in connection
with the delivery of services to the public;
(10) allows the certificate holder's or license holder's name or a
certificate or license issued under this article to be used in
connection with a person who renders services beyond the scope
of that person's training, experience, or competence;
(11) is subjected to disciplinary action in another state or
jurisdiction on grounds similar to those contained in this chapter.
For purposes of this subdivision, a certified copy of a record of
disciplinary action constitutes prima facie evidence of a
disciplinary action in another jurisdiction;
(12) assists another person in committing an act that would
constitute a ground for disciplinary sanction under this chapter;
(13) allows a certificate or license issued by the commission to
be:
(A) used by another person; or
(B) displayed to the public when the certificate or license is
expired, inactive, invalid, revoked, or suspended; or
(14) fails to notify the department in writing of any misdemeanor
or felony criminal conviction, except traffic related misdemeanors
other than operating a motor vehicle under the influence of a drug
or alcohol, within ninety (90) days after the entry of an order or
judgment. A certified copy of the order or judgment with a letter
of explanation must be submitted to the department along with the
written notice.
(b) The department of homeland security may issue an order under
IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if
the department of homeland security determines that a certificate
holder or license holder is subject to disciplinary sanctions under
subsection (a):
(1) Revocation of a certificate holder's certificate or license
holder's license for a period not to exceed seven (7) years.
(2) Suspension of a certificate holder's certificate or license
holder's license for a period not to exceed seven (7) years.
(3) Censure of a certificate holder or license holder.
(4) Issuance of a letter of reprimand.
(5) Assessment of a civil penalty against the certificate holder or
license holder in accordance with the following:
(A) The civil penalty may not exceed five hundred dollars
($500) per day per violation.
(B) If the certificate holder or license holder fails to pay the
civil penalty within the time specified by the department of
homeland security, the department of homeland security may
suspend the certificate holder's certificate or license holder's
license without additional proceedings.
(6) Placement of a certificate holder or license holder on
probation status and requirement of the certificate holder or
license holder to:
(A) report regularly to the department of homeland security
upon the matters that are the basis of probation;
(B) limit practice to those areas prescribed by the department
of homeland security;
(C) continue or renew professional education approved by the
department of homeland security 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
department of homeland security considers appropriate to the
public interest or to the rehabilitation or treatment of the
certificate holder or license holder.
The department of homeland security may withdraw or modify
this probation if the department of homeland security finds after
a hearing that the deficiency that required disciplinary action is
remedied or that changed circumstances warrant a modification
of the order.
(c) If an applicant or a certificate holder or license holder has
engaged in or knowingly cooperated in fraud or material deception to
obtain a certificate or license, including cheating on the certification or
licensure examination, the department of homeland security may
rescind the certificate or license if it has been granted, void the
examination or other fraudulent or deceptive material, and prohibit the
applicant from reapplying for the certificate or license for a length of
time established by the department of homeland security.
(d) The department of homeland security may deny certification or
licensure to an applicant who would be subject to disciplinary sanctions
under subsection (b) if that person were a certificate holder or license
holder, has had disciplinary action taken against the applicant or the
applicant's certificate or license to practice in another state or
jurisdiction, or has practiced without a certificate or license in violation
of the law. A certified copy of the record of disciplinary action is
conclusive evidence of the other jurisdiction's disciplinary action.
(e) The department of homeland security may order a certificate
holder or license holder to submit to a reasonable physical or mental
examination if the certificate holder's or license holder's physical or
mental capacity to practice safely and competently is at issue in a
disciplinary proceeding. Failure to comply with a department of
homeland security order to submit to a physical or mental examination
makes a certificate holder or license holder liable to temporary
suspension under subsection (i).
(f) Except as provided under subsection (a), subsection (g), and
section 14.5 of this chapter, a certificate or license may not be denied,
revoked, or suspended because the applicant, certificate holder, or
license holder has been convicted of an offense. The acts from which
the applicant's, certificate holder's, or license holder's conviction
resulted may be considered as to whether the applicant or certificate
holder or license holder should be entrusted to serve the public in a
specific capacity.
(g) The department of homeland security may deny, suspend, or
revoke a certificate or license issued under this article if the individual
who holds or is applying for the certificate or license is convicted of
any of the following:
(1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
(2) Possession of methamphetamine under IC 35-48-4-6.1.
(3) Possession of a controlled substance under IC 35-48-4-7(a).
(4) Fraudulently obtaining a controlled substance under IC 35-48-4-7(c).
(5) Manufacture of paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.1(c).
(6) Dealing in paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.5(b).
(7) Possession of paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.3(b) (before
its amendment on July 1, 2015).
(8) Possession of marijuana, hash oil, hashish, or salvia as a Class
D felony (for a crime committed before July 1, 2014) or Level 6
felony (for a crime committed after June 30, 2014) under IC 35-48-4-11.
(9) A felony offense under IC 35-48-4 involving:
(A) possession of a synthetic drug (as defined in IC 35-31.5-2-321);
(B) possession of a synthetic drug lookalike substance (as
defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
2019)) as a:
(i) Class D felony (for a crime committed before July 1,
2014); or
(ii) Level 6 felony (for a crime committed after June 30,
2014);
under IC 35-48-4-11.5 (before its repeal on July 1, 2019); or
(C) possession of a controlled substance analog (as defined in
IC 35-48-1.1-8).
(10) Maintaining a common nuisance under IC 35-48-4-13
(repealed) or IC 35-45-1-5, if the common nuisance involves a
controlled substance.
(11) An offense relating to registration, labeling, and prescription
forms under IC 35-48-4-14.
(h) A decision of the department of homeland security under
subsections (b) through (g) may be appealed to the commission under
IC 4-21.5-3-7.
(i) The department of homeland security may temporarily suspend
a certificate holder's certificate or license holder's license under IC 4-21.5-4 before a final adjudication or during the appeals process if the
department of homeland security finds that a certificate holder or
license holder would represent a clear and immediate danger to the
public's health, safety, or property if the certificate holder or license
holder were allowed to continue to practice.
(j) On receipt of a complaint or information alleging that a person
certified or licensed under this chapter or IC 16-31-3.5 has engaged in
or is engaging in a practice that is subject to disciplinary sanctions
under this chapter, the department of homeland security must initiate
an investigation against the person.
(k) The department of homeland security shall conduct a factfinding
investigation as the department of homeland security considers proper
in relation to the complaint.
(l) The department of homeland security may reinstate a certificate
or license that has been suspended under this section if the department
of homeland security is satisfied that the applicant is able to practice
with reasonable skill, competency, and safety to the public. As a
condition of reinstatement, the department of homeland security may
impose disciplinary or corrective measures authorized under this
chapter.
(m) The department of homeland security may not reinstate a
certificate or license that has been revoked under this chapter.
(n) The department of homeland security must be consistent in the
application of sanctions authorized in this chapter. Significant
departures from prior decisions involving similar conduct must be
explained in the department of homeland security's findings or orders.
(o) A certificate holder may not surrender the certificate holder's
certificate, and a license holder may not surrender the license holder's
license, without the written approval of the department of homeland
security, and the department of homeland security may impose any
conditions appropriate to the surrender or reinstatement of a
surrendered certificate or license.
(p) For purposes of this section, "certificate holder" means a person
who holds:
(1) an unlimited certificate;
(2) a limited or probationary certificate; or
(3) an inactive certificate.
(q) For purposes of this section, "license holder" means a person
who holds:
(1) an unlimited license;
(2) a limited or probationary license; or
(3) an inactive license.
[Pre-1993 Recodification Citation: 16-1-39-13.]