This text of Indiana § 25-23-1-19.8 (Audit; procedure; provide information to board; order to show cause;
hearing; divulging records to professional licensing agency; immunity
from liability) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
8.
(a)Before December 31 of an
even-numbered year, the Indiana professional licensing agency or the
agency's designee shall randomly audit at least one percent (1%) but
not more than ten percent (10%) of the practice agreements of
advanced practice registered nurses with authority to prescribe legend
drugs under section 19.5 of this chapter to determine whether the
practice agreement meets the requirements of this chapter or rules
adopted by the board.
(b)The Indiana professional licensing agency shall establish an
audit procedure, which may include the following:
(1)Requiring the advanced practice registered nurse to provide
the agency with a copy of verification of attendance at or
completion of a continuing education course or program the
advanced practice registered nurse attended d
Free access — add to your briefcase to read the full text and ask questions with AI
8. (a) Before December 31 of an
even-numbered year, the Indiana professional licensing agency or the
agency's designee shall randomly audit at least one percent (1%) but
not more than ten percent (10%) of the practice agreements of
advanced practice registered nurses with authority to prescribe legend
drugs under section 19.5 of this chapter to determine whether the
practice agreement meets the requirements of this chapter or rules
adopted by the board.
(b) The Indiana professional licensing agency shall establish an
audit procedure, which may include the following:
(1) Requiring the advanced practice registered nurse to provide
the agency with a copy of verification of attendance at or
completion of a continuing education course or program the
advanced practice registered nurse attended during the previous
two (2) years.
(2) Requiring the advanced practice registered nurse and the
licensed practitioner who have entered into a practice agreement
to submit information on a form prescribed by the agency that
must include a sworn statement signed by the advanced practice
registered nurse and the licensed practitioner that the parties are
operating within the terms of the practice agreement and the
requirements under this chapter or rules adopted by the board.
(3) Reviewing patient health records and other patient information
at the practice location or by requiring the submission of accurate
copies to determine if the parties are operating within the terms
of the practice agreement and the requirements under this chapter
or rules adopted by the board.
(4) After a reasonable determination that the advanced practice
registered nurse and the licensed practitioner who have entered
into a practice agreement are not operating within the terms of the
practice agreement, requiring the parties to appear before the
agency or the agency's designee to provide evidence of
compliance with the practice agreement.
(c) Not more than sixty (60) days after the completion of the audit
required in subsection (a), the Indiana professional licensing agency
shall provide the board with the following:
(1) A summary of the information obtained in the audit.
(2) A statement regarding whether an advanced practice
registered nurse and a licensed practitioner who have entered into
a practice agreement that is audited under subsection (a) are
operating within the terms of the practice agreement.
The agency shall also provide a copy of the information described in
this subsection to the board that regulates the licensed practitioner.
(d) The Indiana professional licensing agency may cause to be
served upon the advanced practice registered nurse an order to show
cause to the board as to why the board should not impose disciplinary
sanctions under IC 25-1-9-9 on the advanced practice registered nurse
for the advanced practice registered nurse's failure to comply with:
(1) an audit conducted under this section; or
(2) the requirements of a practice agreement under this chapter.
(e) Except for a violation concerning continuing education
requirements under IC 25-1-4, the board shall hold a hearing in
accordance with IC 4-21.5 and state the date, time, and location of the
hearing in the order served under subsection (d).
(f) The board that regulates the licensed practitioner may cause to
be served upon the licensed practitioner an order to show cause to the
board as to why the board should not impose disciplinary sanctions
under IC 25-1-9-9 on the licensed practitioner for the licensed
practitioner's failure to comply with:
(1) an audit conducted under this section; or
(2) the requirements of a practice agreement under this chapter.
(g) The board that regulates the licensed practitioner shall hold a
hearing in accordance with IC 4-21.5 and state the date, time, and
location of the hearing in the order served under subsection (f).
(h) An order to show cause issued under this section must comply
with the notice requirements of IC 4-21.5.
(i) The licensed practitioner may divulge health records and other
patient information to the Indiana professional licensing agency or the
agency's designee. The licensed practitioner is immune from civil
liability for any action based upon release of the patient information
under this section.