Indiana § 25-1-9-4 Standards of professional practice; findings required for sanctions;
evidence of foreign discipline

Indiana Statutes

§ 25-1-9-4 — Standards of professional practice; findings required for sanctions; evidence of foreign discipline

Indiana·Title 25 PROFESSIONS AND OCCUPATIONS·Art. 1 GENERAL PROVISIONS·Ch. 9 Health Professions Standards of Practice

(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, including cheating on a licensing examination;

(B)engaged in fraud or material deception in the course of professional services or activities;

(C)advertised services in a false or misleading manner; or

(D)been convicted of a crime or assessed a civil penalty involving fraudulent billing practices, including fraud under:

(i)Medicaid (42 U.S.C. 1396 et seq.);

(ii)Medicar

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(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, including
cheating on a licensing examination;
(B) engaged in fraud or material deception in the course of
professional services or activities;
(C) advertised services in a false or misleading manner; or
(D) been convicted of a crime or assessed a civil penalty
involving fraudulent billing practices, including fraud under:
(i) Medicaid (42 U.S.C. 1396 et seq.);
(ii) Medicare (42 U.S.C. 1395 et seq.);
(iii) the children's health insurance program under IC 12-17.6; or
(iv) insurance claims;
(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 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 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;
(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;
(13) a practitioner has assisted another person in committing an
act that would be grounds for disciplinary sanctions under this
chapter; or
(14) a practitioner has failed to report to the department of child
services or an appropriate law enforcement agency suspected
child abuse in accordance with IC 31-33-5.
(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).

Indiana § 25-1-9-4 (Standards of professional practice; findings required for sanctions; evidence of foreign discipline) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

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; P.L.197-2007, SEC.22; P.L.173-2017, SEC.7; P.L.35-2018, SEC.1; P.L.168-2025, SEC.2.