5.
(a)This article, as it relates to the unlawful
or unauthorized practice of podiatric medicine, does not apply to any
of the following:
(1)A student in training in a podiatric 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 podiatric staff
or in a program approved by the board.
(2)An individual who renders service in case of emergency when
no fee or other consideration is contemplated, charged, or
received.
(3)Commissioned podiatric medical officers or podiatric medical
service officers of the armed forces of the United States, the
United States Public Health Service, and podiatric medical
officers of the United States Department of Veterans Affairs in
the discharge of their official dut
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5. (a) This article, as it relates to the unlawful
or unauthorized practice of podiatric medicine, does not apply to any
of the following:
(1) A student in training in a podiatric 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 podiatric staff
or in a program approved by the board.
(2) An individual who renders service in case of emergency when
no fee or other consideration is contemplated, charged, or
received.
(3) Commissioned podiatric medical officers or podiatric medical
service officers of the armed forces of the United States, the
United States Public Health Service, and podiatric medical
officers of the United States Department of Veterans Affairs in
the discharge of their official duties in Indiana who are also
licensed to practice podiatric medicine in another jurisdiction in
the United States.
(4) An individual who is licensed to practice podiatric medicine
in another jurisdiction, and is called in for consultation by an
individual licensed to practice podiatric medicine in Indiana.
(5) An individual administering a domestic or family remedy to
a member of the individual's family.
(6) 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
podiatrist.
(7) 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).
(8) 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.
(9) A nurse practicing the nurse's profession under IC 25-23.
(10) A pharmacist practicing the pharmacist's profession under IC 25-26.
(11) A physical therapist practicing the physical therapist's
profession under IC 25-27.
(12) A physician or an osteopath practicing the physician's or
osteopath's profession under IC 25-22.5.
(13) An employee of a podiatrist or group of podiatrists who
performs an act, a duty, or a function that is customarily within
the specific area of practice of the employing podiatrist or group
of podiatrists, if the act, duty, or function is performed under the
direction and supervision of the employing podiatrist or a
podiatrist 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 podiatrist or the podiatrist of the employing group
under whose supervision the employee is working. An employee
may not administer medication without the specific order of the
employing podiatrist or a podiatrist of the employing group.
Unless an employee is licensed or registered to independently
practice in a profession described in subdivisions (8) through
(12), nothing in this subsection grants the employee independent
practitioner status or the authority to perform patient services in
an independent practice in a profession.
(14) A hospital licensed under IC 16-21 or IC 12-25.
(15) 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 podiatrist;
(B) a psychiatric hospital;
(C) a hospital;
(D) a health facility;
(E) a registered or licensed practical nurse;
(F) a physician;
(G) a chiropractor; or
(H) a physical therapist.
(b) A person described in subsection (a)(8) through (a)(12) 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 podiatric
medicine.
(c) An employment or other contractual relationship between an
entity described in subsection (a)(14) through (a)(15) and a licensed
podiatrist does not constitute the unlawful practice of podiatric
medicine under this article if the entity does not direct or control
independent medical acts, decisions, or judgment of the licensed
podiatrist. 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 podiatric 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 16-21-2. A podiatrist 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 is
subject to disciplinary action under IC 25-1-9. A person who violates
this subsection commits the unlawful practice of podiatric medicine
under this chapter.