Indiana § 25-1-20-4 Health care provider subject to discipline for certain acts; exceptions

Indiana Statutes

§ 25-1-20-4 — Health care provider subject to discipline for certain acts; exceptions

Indiana § 25-1-20-4

Title 25PROFESSIONS AND OCCUPATIONS

Art. 1GENERAL PROVISIONS

Ch. 20Effect of a State Disaster Emergency on Professional

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Bluebook

Ind. Code § 25-1-20-4 (2026).

Text

(a)Except as provided by subsection (b), section 3 of this chapter does not protect a health care provider from professional discipline under IC 25-1-7 or IC 25-1-9 if the health care provider's action, omission, decision, or compliance constitutes gross negligence, willful or wanton misconduct, fraud, or intentional misrepresentation.

(b)The following do not constitute gross negligence, willful or wanton misconduct, fraud, or intentional misrepresentation under this chapter if performed in response to or arising from a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19:

(1)Providing services without required personal protective equipment caused by:

(A)a shortage; or

(B)an inability to timely acquire personal protective equipment; during an event that is decl

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(a) Except as provided by subsection (b),
section 3 of this chapter does not protect a health care provider from
professional discipline under IC 25-1-7 or IC 25-1-9 if the health care
provider's action, omission, decision, or compliance constitutes gross
negligence, willful or wanton misconduct, fraud, or intentional
misrepresentation.
(b) The following do not constitute gross negligence, willful or
wanton misconduct, fraud, or intentional misrepresentation under this
chapter if performed in response to or arising from a state disaster
emergency declared under IC 10-14-3-12 to respond to COVID-19:
(1) Providing services without required personal protective
equipment caused by:
(A) a shortage; or
(B) an inability to timely acquire personal protective
equipment;
during an event that is declared a disaster emergency under IC 10-14-3-12 to respond to COVID-19.
(2) Providing services without access to adequate or reliable
testing for COVID-19, even if the COVID-19 testing that was
used received emergency use authorization from the federal Food
and Drug Administration.
(3) Using equipment, medicine, or supplies in a manner that is not
approved by the federal Food and Drug Administration.
(4) Providing services under a reallocation of staff or resources.
(5) Providing services that are outside of an individual's expertise
or specialty.