§ 25-1-11-5 — Practitioner compliance with professional standards; findings meriting disciplinary sanctions; fraud or material deception

Indiana § 25-1-11-5

• Jurisdiction: Indiana
• Title 25: PROFESSIONS AND OCCUPATIONS
• Art. 1: GENERAL PROVISIONS
• Ch. 11: Professional Licensing Standards of Practice

Text

(a) A practitioner shall comply with the
standards established by the board regulating a profession. A
practitioner is subject to the exercise of the disciplinary sanctions under
section 12 of this chapter if, after a hearing, the board finds that:
(1) a practitioner has:
(A) engaged in or knowingly cooperated in fraud or material
deception in order to obtain a license to practice, including
cheating on a licensing examination;
(B) engaged in fraud or material deception in the course of
professional services or activities;
(C) advertised services or goods in a false or misleading
manner; or
(D) been convicted of a crime or assessed a civil penalty
involving fraudulent billing practices;
(2) a practitioner has been convicted of a crime that:
(A) has a direct bearing on the practitioner's ability to continue
to practice competently; or
(B) is harmful to the public;
(3) a practitioner has knowingly violated a state statute or rule or
federal statute or regulation regulating the profession for which
the practitioner is licensed;
(4) a practitioner has continued to practice although the
practitioner has become unfit to practice due to:
(A) professional incompetence, including undertaking
professional activities that the practitioner 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 severe dependency on 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 or business who renders services beyond the scope of
that individual's or business'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 state or
jurisdiction on grounds similar to those under this chapter;
(8) a practitioner has assisted another person in committing an act
that would constitute a ground for disciplinary sanction under this
chapter;
(9) a practitioner has allowed a license issued by a board to be:
(A) used by another person; or
(B) displayed to the public when the license has expired, is
inactive, or has been revoked or suspended; or
(10) a practitioner has failed to comply with an order imposing a
sanction under section 12 of this chapter.
(b) If an applicant or a practitioner has engaged in or knowingly
cooperated in fraud or material deception to obtain a license to
practice, including cheating on the licensing examination, the board
may rescind the license if it has been granted, void the examination or
other fraudulent or deceptive material, and prohibit the applicant from
reapplying for the license for a length of time established by the board.
An applicant who is aggrieved by a decision of the board under this
section is entitled to hearing and appeal rights under the Indiana
administrative rules and procedures act (IC 4-21.5).
(c) A certified copy of the record of disciplinary action is conclusive
evidence of the other jurisdiction's disciplinary action under subsection
(a)(7).

Legislative History

As added by P.L.214-1993, SEC.1. Amended by P.L.84-1998, SEC.6; P.L.113-1999, SEC.1; P.L.197-2007, SEC.24.