§ 25-22.5-1-2 — Exclusions

Indiana § 25-22.5-1-2

• Jurisdiction: Indiana
• Title 25: PROFESSIONS AND OCCUPATIONS
• Art. 22.5: PHYSICIANS
• Ch. 1: Definitions and Exclusions

Text

(a) This article, as it relates to the unlawful
or unauthorized practice of medicine or osteopathic medicine, does not
apply to any of the following:
(1) A student in training in a medical school approved by the
board, or while performing duties as an intern or a resident in a
hospital under the supervision of the hospital's staff or in a
program approved by the medical school.
(2) A person who renders service in case of emergency where no
fee or other consideration is contemplated, charged, or received.
(3) A paramedic (as defined in IC 16-18-2-266), an advanced
emergency medical technician (as defined in IC 16-18-2-6.5), an
emergency medical technician (as defined in IC 16-18-2-112), or
a person with equivalent certification from another state who
renders advanced life support (as defined in IC 16-18-2-7), or
basic life support (as defined in IC 16-18-2-33.5):
(A) during a disaster emergency declared by the governor under
IC 10-14-3-12 in response to an act that the governor in good
faith believes to be an act of terrorism (as defined in IC 35-31.5-2-329); and
(B) in accordance with the rules adopted by the Indiana
emergency medical services commission or the disaster
emergency declaration of the governor.
(4) Commissioned medical officers or medical service officers of
the armed forces of the United States, the United States Public
Health Service, and medical officers of the United States
Department of Veterans Affairs in the discharge of their official
duties in Indiana.
(5) An individual who is not a licensee who resides in another
state or country and is authorized to practice medicine or
osteopathic medicine there, who is called in for consultation by an
individual licensed to practice medicine or osteopathic medicine
in Indiana.
(6) A person administering a domestic or family remedy to a
member of the person's family.
(7) A member of a church practicing the religious tenets of the
church if the member does not make a medical diagnosis,
prescribe or administer drugs or medicines, perform surgical or
physical operations, or assume the title of or profess to be a
physician.
(8) A school corporation and a school employee who acts under
IC 34-30-14 (or IC 34-4-16.5-3.5 before its repeal).
(9) A chiropractor practicing the chiropractor's profession under
IC 25-10 or to an employee of a chiropractor acting under the
direction and supervision of the chiropractor under IC 25-10-1-13.
(10) A dental hygienist practicing the dental hygienist's profession
under IC 25-13.
(11) A dentist practicing the dentist's profession under IC 25-14.
(12) A hearing aid dealer practicing the hearing aid dealer's
profession under IC 25-20.
(13) A nurse practicing the nurse's profession under IC 25-23.
However, a certified registered nurse anesthetist (as defined in IC 25-23-1-1.4) may administer anesthesia if the certified registered
nurse anesthetist acts under the direction of and in the immediate
presence of a physician.
(14) An optometrist practicing the optometrist's profession under
IC 25-24.
(15) A pharmacist practicing the pharmacist's profession under IC 25-26.
(16) A physical therapist practicing the physical therapist's
profession under IC 25-27.
(17) A podiatrist practicing the podiatrist's profession under IC 25-29.
(18) A psychologist practicing the psychologist's profession under
IC 25-33.
(19) A speech-language pathologist or audiologist practicing the
pathologist's or audiologist's profession under IC 25-35.6.
(20) An employee of a physician or group of physicians who
performs an act, a duty, or a function that is customarily within
the specific area of practice of the employing physician or group
of physicians, if the act, duty, or function is performed under the
direction and supervision of the employing physician or a
physician of the employing group within whose area of practice
the act, duty, or function falls. An employee may not make a
diagnosis or prescribe a treatment and must report the results of
an examination of a patient conducted by the employee to the
employing physician or the physician of the employing group
under whose supervision the employee is working. An employee
may not administer medication without the specific order of the
employing physician or a physician of the employing group.
Unless an employee is licensed or registered to independently
practice in a profession described in subdivisions (9) through
(18), nothing in this subsection grants the employee independent
practitioner status or the authority to perform patient services in
an independent practice in a profession.
(21) A hospital licensed under IC 16-21 or IC 12-25.
(22) A health care organization whose members, shareholders, or
partners are individuals, partnerships, corporations, facilities, or
institutions licensed or legally authorized by this state to provide
health care or professional services as:
(A) a physician;
(B) a psychiatric hospital;
(C) a hospital;
(D) a health maintenance organization or limited service health
maintenance organization;
(E) a health facility;
(F) a dentist;
(G) a registered or licensed practical nurse;
(H) a certified nurse midwife or a certified direct entry midwife;
(I) an optometrist;
(J) a podiatrist;
(K) a chiropractor;
(L) a physical therapist; or
(M) a psychologist.
(23) A physician assistant practicing the physician assistant
profession under IC 25-27.5.
(24) A physician providing medical treatment under section 2.1
of this chapter.
(25) An attendant who provides attendant care services (as
defined in IC 16-18-2-28.5).
(26) A personal services attendant providing authorized attendant
care services under IC 12-10-17.1.
(27) A respiratory care practitioner practicing the practitioner's
profession under IC 25-34.5.
(b) A person described in subsection (a)(9) through (a)(18) is not
excluded from the application of this article if:
(1) the person performs an act that an Indiana statute does not
authorize the person to perform; and
(2) the act qualifies in whole or in part as the practice of medicine
or osteopathic medicine.
(c) An employment or other contractual relationship between an
entity described in subsection (a)(21) through (a)(22) and a licensed
physician does not constitute the unlawful practice of medicine or
osteopathic medicine under this article if the entity does not direct or
control independent medical acts, decisions, or judgment of the
licensed physician. However, if the direction or control is done by the
entity under IC 34-30-15 (or IC 34-4-12.6 before its repeal), the entity
is excluded from the application of this article as it relates to the
unlawful practice of medicine or osteopathic medicine.
(d) This subsection does not apply to a prescription or drug order for
a legend drug that is filled or refilled in a pharmacy owned or operated
by a hospital licensed under IC 16-21. A physician licensed in Indiana
who permits or authorizes a person to fill or refill a prescription or drug
order for a legend drug except as authorized in IC 16-42-19-11 through
IC 16-42-19-19 is subject to disciplinary action under IC 25-1-9. A
person who violates this subsection commits the unlawful practice of
medicine or osteopathic medicine under this chapter.
(e) A person described in subsection (a)(8) shall not be authorized
to dispense contraceptives or birth control devices.
(f) Nothing in this section allows a person to use words or
abbreviations that indicate or induce an individual to believe that the
person is engaged in the practice of medicine or osteopathic medicine.
Formerly: Acts 1975, P.L.271, SEC.1. As amended by Acts
1977, P.L.273, SEC.2; P.L.244-1985, SEC.2; P.L.149-1987, SEC.50;
P.L.156-1988, SEC.1; P.L.237-1989, SEC.1; P.L.1-1990, SEC.253;
P.L.2-1992, SEC.776; P.L.2-1993, SEC.141; P.L.227-1993, SEC.10;
P.L.227-1995, SEC.1; P.L.1-1998, SEC.132; P.L.44-1998, SEC.1;
P.L.156-2001, SEC.6; P.L.255-2001, SEC.17; P.L.2-2003, SEC.65;
P.L.205-2003, SEC.37; P.L.97-2004, SEC.93; P.L.212-2005, SEC.20;
P.L.141-2006, SEC.106; P.L.90-2007, SEC.4; P.L.177-2009, SEC.40;
P.L.114-2012, SEC.51; P.L.77-2012, SEC.52; P.L.232-2013, SEC.15;
P.L.180-2018, SEC.19; P.L.128-2022, SEC.3.