§ 25-22.5-5-2.7 — Provisional license

Indiana § 25-22.5-5-2.7

• Jurisdiction: Indiana
• Title 25: PROFESSIONS AND OCCUPATIONS
• Art. 22.5: PHYSICIANS
• Ch. 5: Licenses and Permits

Text

7. (a) The board may issue a provisional
license to an applicant who:
(1) has not practiced medicine or has not maintained continued
competency for at least two (2) years immediately preceding the
filing of an application for an initial license;
(2) has applied for reinstatement of a license under IC 25-1-8-6
that has been lapsed for at least three (3) years; or
(3) has submitted a request, petition, motion, or application to
reactivate an inactive license previously issued by the board.
(b) For an applicant to qualify for a provisional license under
subsection (a), the board must find the following:
(1) The applicant's practice is deficient in one (1) or more areas.
(2) The nature of the applicant's deficiency is such that it does not
constitute a violation of the practice act, other than a de minimis
violation, as determined by the board.
(3) The nature of the applicant's identified practice deficiency is
such that it may be monitored until resolved to the satisfaction of
the board.
(4) The applicant's practice deficiency did not result in death,
serious harm, or other serious outcome for a patient or patients.
(5) The applicant's practice deficiency did not represent an
intentional or willful commission or omission of an act that
constitutes a violation of IC 25-1-9-4, IC 25-22.5, or the rules of
the board.
(6) The applicant's practice deficiency did not involve sexual
misconduct.
(c) As a condition for an applicant to hold a provisional license, the
board may require full-scale assessments, engagement in formal
training programs, supervised practice arrangements, formal testing, or
other proof of competence.
(d) An applicant under this section shall develop an individualized
practice reentry program subject to the approval of the board.
(e) The duration of a provisional license shall be determined by the
board and reviewed at least annually by the board.
(f) When an applicant has demonstrated to the board that the
applicant has satisfactorily met the terms of the individualized practice
reentry program, the applicant shall be released from terms of the
provisional license and is entitled to hold an unlimited license under IC 25-22.5-3-1.
(g) A provisional license is a nonrestricted license, and the issuance
of a provisional license issued under this section may not be construed
as a disciplinary action taken by the board.
(h) The board may take disciplinary action against an applicant who
holds a provisional license if, after a hearing, the board finds any of the
following:
(1) Failure to comply with any term of the provisional license.
(2) Receipt of evidence from an appointed supervisor or
workplace monitor that the holder of the provisional license has
failed to make satisfactory progress or successfully complete the
requirements of the provisional license.
(3) Receipt of evidence from an appointed supervisor or
workplace monitor that the holder of the provisional license has
failed to incorporate learned knowledge and skills into the
holder's practice or has continued to demonstrate the same
practice deficiency that led to the issuance of the provisional
license.
(4) A violation of IC 25-1-9.
(i) The holder of a provisional license may petition the board for
modification, withdrawal, or retirement of the provisional license.

Legislative History

As added by P.L.105-2008, SEC.41.