reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 8. Occupational and Professional Licensure, Registration, and Certification Fees › 25-1-8-8. Delaying Reinstatement; Investigation; Sanctions; Invalid During Investigations

Sec. 8. (a) As used in this section, "board" has the meaning set forth in section 6(a) of this chapter.
(b) The licensing agency may delay reinstating a license, certificate, or registration for not more than one hundred twenty (120) days after the date the applicant applies for reinstatement of a license, certificate, or registration to permit the board to investigate information received by the licensing agency that the applicant for reinstatement may have committed an act for which the applicant may be disciplined. If the licensing agency delays reinstating a license, certificate, or registration, the licensing agency shall notify the applicant that the applicant is being investigated. Except as provided in subsection (c), the board shall do one (1) of the following before the expiration of the one hundred twenty (120) day period:
(1) Deny reinstatement of the license, certificate, or registration following a personal appearance by the applicant before the board.
(2) Reinstate the license, certificate, or registration upon satisfaction of all other requirements for reinstatement.
(3) Reinstate the license and file a complaint under IC 25-1-7.
(4) Upon agreement of the applicant and the board and following a personal appearance by the applicant before the board, reinstate the license, certificate, or registration and place the applicant on probation status under IC 25-1-9-9 or IC 25-1-11-12.
(c) If an applicant fails to appear before the board under subsection (b), the board may take action as provided in subsection (b)(1), (b)(2), or (b)(3).
(d) The license, certificate, or registration of the applicant for license reinstatement remains invalid during the one hundred twenty (120) day period unless:
(1) the license, certificate, or registration is reinstated following a personal appearance by the applicant before the board before the end of the one hundred twenty (120) day period;
(2) the board issues a conditional license to the practitioner that is effective until the reinstatement is denied or the license is reinstated; or
(3) the reinstatement is denied.
If the one hundred twenty (120) day period expires without action by the board, the license, certificate, or registration shall be automatically reinstated at the end of the one hundred twenty (120) day period.
(e) The board's reinstatement of a license does not preclude the board from imposing sanctions on the licensee as a result of a complaint filed by the attorney general after reinstatement of the license.
As added by P.L.197-2007, SEC.21. Amended by P.L.177-2015, SEC.10; P.L.78-2017, SEC.6.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 8. Occupational and Professional Licensure, Registration, and Certification Fees › 25-1-8-9. Analysis of Licensing Fees; Report

Sec. 9. (a) The legislative services agency shall conduct an analysis of the fees established under section 2 of this chapter.
(b) Not later than January 31, 2026, the legislative services agency shall submit a report to the budget committee in an electronic format under IC 5-14-6 containing the results of the analysis conducted under subsection (a). The report must include:
(1) the amount of fees collected; and
(2) a description of how the proceeds from the collected fees were used;
during the two (2) most recent fiscal years.
(c) This section expires July 1, 2026.
As added by P.L.190-2023, SEC.7.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9. Health Professions Standards of Practice › 25-1-9-1. "Board"

Sec. 1. As used in this chapter, "board" means any of the entities described in IC 25-0.5-11.
As added by P.L.152-1988, SEC.1. Amended by P.L.242-1989, SEC.7; P.L.238-1989, SEC.7; P.L.186-1990, SEC.7; P.L.48-1991, SEC.20; P.L.227-1993, SEC.7; P.L.33-1993, SEC.14; P.L.213-1993, SEC.4; P.L.1-1994, SEC.122; P.L.124-1994, SEC.6; P.L.175-1997, SEC.6; P.L.147-1997, SEC.10; P.L.84-1998, SEC.5; P.L.24-1999, SEC.6; P.L.2-2008, SEC.59; P.L.122-2009, SEC.8; P.L.84-2010, SEC.16; P.L.3-2014, SEC.26.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9. Health Professions Standards of Practice › 25-1-9-2. "Practitioner"

Sec. 2. (a) As used in this chapter, "practitioner" means an individual who holds:
(1) an unlimited license, certificate, or registration;
(2) a limited or probationary license, certificate, or registration;
(3) a temporary license, certificate, registration, or permit;
(4) an intern permit; or
(5) a provisional license;
issued by the board regulating the profession in question, including a certificate of registration issued under IC 25-20.
(b) The term includes an individual who held:
(1) an unlimited license, certificate, or registration;
(2) a limited or probationary license, certificate, or registration;
(3) a temporary license, certificate, registration, or permit;
(4) an intern permit; or
(5) a provisional license;
issued by the board regulating the profession in question, including a certificate of registration issued under IC 25-20, when the alleged violation of this chapter occurred.
As added by P.L.152-1988, SEC.1. Amended by P.L.36-2022, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9. Health Professions Standards of Practice › 25-1-9-3.5. "Sexual Contact"

Sec. 3.5. As used in this chapter, "sexual contact" means:
(1) sexual intercourse (as defined in IC 35-31.5-2-302);
(2) other sexual conduct (as defined in IC 35-31.5-2-221.5); or
(3) any fondling or touching intended to arouse or satisfy the sexual desires of either the individual performing the fondling or touching or the individual being fondled or touched.
As added by P.L.200-2001, SEC.1. Amended by P.L.114-2012, SEC.50; P.L.158-2013, SEC.278.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9. Health Professions Standards of Practice › 25-1-9-4.5. Failure to Provide Human Trafficking Information

Sec. 4.5. (a) If a practitioner has been presented with evidence that, if presented to a practitioner of a similar background and training, would cause the practitioner to believe that a patient is a victim of human trafficking, the practitioner shall provide information to the patient concerning available services and resources, including the telephone number for the National Human Trafficking Hotline.
(b) In addition to section 4 of this chapter, a practitioner is subject to the exercise of the disciplinary sanctions under section 9 of this chapter if, after a hearing, the board finds that the practitioner failed to provide information required by subsection (a).
As added by P.L.35-2018, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9. Health Professions Standards of Practice › 25-1-9-5. Optometry Employment Practice

Sec. 5. In addition to section 4 of this chapter, a practitioner licensed to practice optometry is subject to the exercise of disciplinary sanctions under section 9 of this chapter if, after a hearing, the board finds a practitioner has accepted employment to practice optometry from a person other than:
(1) a corporation formed by an optometrist under IC 23-1.5; or
(2) an individual who is licensed as an optometrist under this article and whose legal residence is in Indiana.
As added by P.L.152-1988, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9. Health Professions Standards of Practice › 25-1-9-6. Veterinary Practitioners; Cruelty to Animals

Sec. 6. In addition to section 4 of this chapter, a practitioner licensed to practice veterinary medicine or registered as a veterinary technician is subject to the exercise of the disciplinary sanctions under section 9 of this chapter if, after a hearing, the board finds a practitioner has engaged in cruelty to animals.
As added by P.L.152-1988, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9. Health Professions Standards of Practice › 25-1-9-6.5. Chiropractors; Waiver of Deductible or Copayment

Sec. 6.5. (a) In addition to section 4 of this chapter, a practitioner licensed to practice chiropractic is subject to the exercise of the disciplinary sanctions under section 9 of this chapter if, after a hearing, the board regulating the profession finds a practitioner has:
(1) waived a payment of a deductible or a copayment required to be made to the practitioner by a patient under the patient's insurance or health care plan; and
(2) advertised the waiver of a payment described in subdivision (1).
(b) This section does not apply to the waiver of a deductible or a copayment by a practitioner if:
(1) the practitioner determines chiropractic service is necessary for the immediate health and welfare of a patient;
(2) the practitioner determines the payment of a deductible or a copayment would create a substantial financial hardship for the patient; and
(3) the waiver is based on the evaluation of the individual patient and is not a regular business practice of the practitioner.
As added by P.L.151-1989, SEC.9.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9. Health Professions Standards of Practice › 25-1-9-6.7. Marriage and Family Therapists; Disciplinary Sanctions

Sec. 6.7. In addition to the actions listed under section 4 of this chapter that subject a practitioner to the exercise of disciplinary sanctions, a practitioner who is licensed under IC 25-23.6 is subject to the exercise of disciplinary sanctions under section 9 of this chapter if, after a hearing, the board regulating the profession finds that the practitioner has:
(1) performed any therapy that, by the prevailing standards of the mental health professions in the community where the services were provided, would constitute experimentation on human subjects, without first obtaining full, informed, and written consent;
(2) failed to meet the minimum standards of performance in professional activities when measured against generally prevailing peer performance in professional activities, including the undertaking of activities that the practitioner is not qualified by training or experience to undertake;
(3) performed services, including any duties required of the individual under IC 31, in reckless disregard of the best interests of a patient, a client, or the public;
(4) without the consent of the child's parent, guardian, or custodian, knowingly participated in the child's removal or precipitated others to remove a child from the child's home unless:
(A) the child's physical health was endangered due to injury as a result of the act or omission of the child's parent, guardian, or custodian;
(B) the child had been or was in danger of being a victim of an offense under IC 35-42-4, IC 35-45-4-1, IC 35-45-4-2, IC 35-46-1-3, IC 35-49-2-2, or IC 35-49-3-2; or
(C) the child was in danger of serious bodily harm as a result of the inability, refusal, or neglect of the child's parent, guardian, or custodian to supply the child with necessary food, shelter, or medical care, and a court order was first obtained;
(5) willfully made or filed a false report or record, failed to file a report or record required by law, willfully impeded or obstructed the filing of a report or record, or induced another individual to:
(A) make or file a false report or record; or
(B) impede or obstruct the filing of a report or record; or
(6) performed a diagnosis (as defined in IC 25-22.5-1-1.1(c));
(7) provided evidence in an administrative or judicial proceeding that had insufficient factual basis for the conclusions rendered by the practitioner;
(8) willfully planted in the mind of the patient suggestions that are not based in facts known to the practitioner; or
(9) performed services outside of the scope of practice of the license issued under IC 25-23.6.
As added by P.L.147-1997, SEC.11. Amended by P.L.2-1998, SEC.65.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9. Health Professions Standards of Practice › 25-1-9-6.8. Practitioner Guidelines Before Prescribing Stimulant Medication for a Child for Treatment of Certain Disorders

Sec. 6.8. (a) This section applies to a practitioner who is:
(1) licensed to practice medicine or osteopathic medicine under IC 25-22.5; or
(2) an advanced practice registered nurse granted prescriptive authority under IC 25-23 and whose practice agreement with a collaborating physician reflects the conditions specified in subsection (b).
(b) Before prescribing a stimulant medication for a child for the treatment of attention deficit disorder or attention deficit hyperactivity disorder, a practitioner described in subsection (a) shall follow the most recent guidelines adopted by the American Academy of Pediatrics or the American Academy of Child and Adolescent Psychiatry for the diagnosis and evaluation of a child with attention deficit disorder or attention deficit hyperactivity disorder.
As added by P.L.107-2002, SEC.28. Amended by P.L.129-2018, SEC.23.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9. Health Professions Standards of Practice › 25-1-9-6.9. Failing to Provide or Providing False Information to Agency

Sec. 6.9. In addition to the actions listed under section 4 of this chapter that subject a practitioner to disciplinary sanctions, a practitioner is subject to the exercise of disciplinary sanctions under section 9 of this chapter if, after a hearing, the board finds that the practitioner has:
(1) failed to provide information requested by the Indiana professional licensing agency; or
(2) knowingly provided false information to the Indiana professional licensing agency;
for a provider profile required under IC 25-1-5-10.
As added by P.L.211-2001, SEC.2. Amended by P.L.206-2005, SEC.14.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9. Health Professions Standards of Practice › 25-1-9-7. Physical or Mental Examination; Power to Require

Sec. 7. The board may order a practitioner to submit to a reasonable physical or mental examination, at the practitioner's own expense, if the practitioner's physical or mental capacity to practice safely is at issue in a disciplinary proceeding.
As added by P.L.152-1988, SEC.1. Amended by P.L.158-2003, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9. Health Professions Standards of Practice › 25-1-9-8. Failure to Submit to Physical or Mental Examination; Sanctions

Sec. 8. Failure to comply with a board order to submit to a physical or mental examination makes a practitioner liable to summary suspension under section 10 of this chapter.
As added by P.L.152-1988, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9. Health Professions Standards of Practice › 25-1-9-9. Disciplinary Sanctions

Sec. 9. (a) The board may impose any of the following sanctions, singly or in combination, if it finds that a practitioner is subject to disciplinary sanctions under section 4, 5, 6, 6.7, or 6.9 of this chapter or IC 25-1-5-4:
(1) Permanently revoke a practitioner's license.
(2) Suspend a practitioner's license.
(3) Censure a practitioner.
(4) Issue a letter of reprimand.
(5) Place a practitioner on probation status and require the practitioner to:
(A) report regularly to the board upon the matters that are the basis of probation;
(B) limit practice to those areas prescribed by the board;
(C) continue or renew professional education under a preceptor, or as otherwise directed or approved by the board, until a satisfactory degree of skill has been attained in those areas that are the basis of the probation; or
(D) perform or refrain from performing any acts, including community restitution or service without compensation, that the board considers appropriate to the public interest or to the rehabilitation or treatment of the practitioner.
(6) Assess a fine against the practitioner in an amount not to exceed one thousand dollars ($1,000) for each violation listed in section 4 of this chapter, except for a finding of incompetency due to a physical or mental disability. When imposing a fine, the board shall consider a practitioner's ability to pay the amount assessed. If the practitioner fails to pay the fine within the time specified by the board, the board may suspend the practitioner's license without additional proceedings. However, a suspension may not be imposed if the sole basis for the suspension is the practitioner's inability to pay a fine.
(b) The board may withdraw or modify the probation under subsection (a)(5) if it finds, after a hearing, that the deficiency that required disciplinary action has been remedied, or that changed circumstances warrant a modification of the order.
As added by P.L.152-1988, SEC.1. Amended by P.L.48-1991, SEC.21; P.L.22-1999, SEC.5; P.L.32-2000, SEC.10; P.L.211-2001, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9. Health Professions Standards of Practice › 25-1-9-10. Summary License Suspension Pending Final Adjudication; Notice; Opportunity to Be Heard

Sec. 10. (a) The board may summarily suspend a practitioner's license for ninety (90) days before a final adjudication or during the appeals process if the board finds that a practitioner represents a clear and immediate danger to the public health and safety if the practitioner is allowed to continue to practice. The summary suspension may be renewed upon a hearing before the board, and each renewal may be for ninety (90) days or less.
(b) Before the board may summarily suspend a license that has been issued under IC 25-22.5, IC 25-38.1, or IC 25-14, the consumer protection division of the attorney general's office shall make a reasonable attempt to notify a practitioner of a hearing by the board to suspend a practitioner's license and of information regarding the allegation against the practitioner. The consumer protection division of the attorney general's office shall also notify the practitioner that the practitioner may provide a written or an oral statement to the board on the practitioner's behalf before the board issues an order for summary suspension. A reasonable attempt to reach the practitioner is made if the consumer protection division of the attorney general's office attempts to reach the practitioner by telephone or facsimile at the last telephone number of the practitioner on file with the board.
(c) After a reasonable attempt is made to notify a practitioner under subsection (b):
(1) a court may not stay or vacate a summary suspension of a practitioner's license for the sole reason that the practitioner was not notified; and
(2) the practitioner may not petition the board for a delay of the summary suspension proceedings.
As added by P.L.152-1988, SEC.1. Amended by P.L.43-1995, SEC.2; P.L.71-2000, SEC.18; P.L.2-2008, SEC.60.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9. Health Professions Standards of Practice › 25-1-9-10.1. Retention of Clinical Consultants and Experts to Advise on Suspension

Sec. 10.1. The attorney general may retain the services of a clinical consultant or an expert to provide the attorney general with advice concerning the acts that are the subject of a suspension under this chapter.
As added by P.L.43-1995, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9. Health Professions Standards of Practice › 25-1-9-11. Reinstatement of Suspended Licenses

Sec. 11. The board may reinstate a license which has been suspended under this chapter if, after a hearing, the board is satisfied that the applicant is able to practice with reasonable skill and safety to the public. As a condition of reinstatement, the board may impose disciplinary or corrective measures authorized under this chapter.
As added by P.L.152-1988, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9. Health Professions Standards of Practice › 25-1-9-12. Reinstatement of Revoked License

Sec. 12. The board may not reinstate a license that has been revoked under this chapter. An individual whose license has been revoked under this chapter may not apply for a new license until seven (7) years after the date of revocation.
As added by P.L.152-1988, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9. Health Professions Standards of Practice › 25-1-9-13. Consistency of Sanctions Prescribed

Sec. 13. The board shall seek to achieve consistency in the application of the sanctions authorized in this section. Significant departures from prior decisions involving similar conduct must be explained in the board's findings or orders.
As added by P.L.152-1988, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9. Health Professions Standards of Practice › 25-1-9-14. Surrender of Practitioner's License Instead of Hearing; Approval

Sec. 14. A practitioner may petition the board to accept the surrender of the practitioner's license instead of a hearing before the board. The practitioner may not surrender the practitioner's license without the written approval of the board, and the board may impose any conditions appropriate to the surrender or reinstatement of a surrendered license.
As added by P.L.152-1988, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9. Health Professions Standards of Practice › 25-1-9-15. Costs in Disciplinary Proceedings

Sec. 15. Practitioners who have been subjected to disciplinary sanctions may be required by a board to pay for the costs of the proceeding. The practitioner's ability to pay shall be considered when costs are assessed. If the practitioner fails to pay the costs, a suspension may not be imposed solely upon the practitioner's inability to pay the amount assessed. These costs are limited to costs for the following:
(1) Court reporters.
(2) Transcripts.
(3) Certification of documents.
(4) Photoduplication.
(5) Witness attendance and mileage fees.
(6) Postage.
(7) Expert witnesses.
(8) Depositions.
(9) Notarizations.
(10) Administrative law judges.
As added by P.L.152-1988, SEC.1. Amended by P.L.158-2003, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9. Health Professions Standards of Practice › 25-1-9-16. Refusal of Licensure or Grant of Probationary License

Sec. 16. (a) The board may refuse to issue a license or may issue a probationary license to an applicant for licensure if:
(1) the applicant has been disciplined by a licensing entity of any state or jurisdiction, or has committed an act that would have subjected the applicant to the disciplinary process had the applicant been licensed in Indiana when the act occurred; and
(2) the violation for which the applicant was, or could have been, disciplined has a direct bearing on the applicant's ability to competently practice in Indiana.
(b) The board may:
(1) refuse to issue a license; or
(2) issue a probationary license;
to an applicant for licensure if the applicant practiced without a license in violation of the law.
(c) Whenever the board issues a probationary license, the board may impose one (1) or more of the following conditions:
(1) Report regularly to the board upon the matters that are the basis of the discipline of the other state or jurisdiction.
(2) Limit practice to those areas prescribed by the board.
(3) Continue or renew professional education.
(4) Engage in community restitution or service without compensation for a number of hours specified by the board.
(5) Perform or refrain from performing an act that the board considers appropriate to the public interest or to the rehabilitation or treatment of the applicant.
(d) The board shall remove any limitations placed on a probationary license under this section if the board finds after a hearing that the deficiency that required disciplinary action has been remedied.
As added by P.L.33-1993, SEC.15. Amended by P.L.32-2000, SEC.11; P.L.197-2007, SEC.23.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9. Health Professions Standards of Practice › 25-1-9-17. Applicant Appearance Before Board

Sec. 17. The board may require an applicant for licensure to appear before the board before issuing a license.
As added by P.L.33-1993, SEC.16. Amended by P.L.84-2010, SEC.17.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9. Health Professions Standards of Practice › 25-1-9-18. Fitness Determination of Health Care Provider; Filing Complaint

Sec. 18. (a) If the insurance commissioner forwards to the board the name of a practitioner under IC 34-18-9-4(a) (or IC 27-12-9-4(a) before its repeal), the board shall consider whether:
(1) the practitioner has become unfit to practice under section 4 of this chapter; and
(2) a complaint should be filed under IC 25-1-7-4.
(b) If the board determines that a complaint should be filed under subsection (a), the board must report to the consumer protection division whether the board will schedule the matter:
(1) for informal negotiation under IC 25-1-7-6;
(2) on the board's agenda for a vote requesting that the attorney general prosecute the matter before the board under IC 25-1-7-7; or
(3) on the board's agenda for a vote on summary suspension of the practitioner's license pending prosecution of the matter before the board under IC 25-1-7-7.
(c) A board may designate a board member or staff member to act on behalf of the board under this section.
As added by P.L.43-1995, SEC.4. Amended by P.L.1-1998, SEC.131.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9. Health Professions Standards of Practice › 25-1-9-19. Third Party Billing Notice

Sec. 19. A practitioner that provides to a patient notice concerning a third party billing for a health care service provided to the patient shall ensure that the notice:
(1) conspicuously states that the notice is not a bill;
(2) does not include a tear-off portion; and
(3) is not accompanied by a return mailing envelope.
As added by P.L.178-2003, SEC.12.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9. Health Professions Standards of Practice › 25-1-9-21. Rules; Management and Disposition of Health Records

Sec. 21. The board may adopt rules under IC 4-22-2 to establish requirements for the management and disposition of health records (as defined in IC 16-18-2-168) on the discontinuation of practice by:
(1) sale;
(2) transfer;
(3) closure;
(4) disciplinary action;
(5) retirement; or
(6) death;
of the practitioner.
As added by P.L.177-2009, SEC.16.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9. Health Professions Standards of Practice › 25-1-9-22. Prohibition on Release of Screening and Test Results

Sec. 22. (a) This section applies to:
(1) a physician licensed under IC 25-22.5;
(2) a physician assistant licensed under IC 25-27.5;
(3) a certified direct entry midwife licensed under IC 25-23.4; and
(4) an advanced practice registered nurse licensed under IC 25-23;
who provides prenatal care within the scope of the provider's license.
(b) Unless ordered by a court, an individual described in subsection (a) may not release to a law enforcement agency (as defined in IC 35-47-15-2) or the department of child services (established by IC 31-25-1-1) the results of:
(1) a verbal screening or questioning concerning drug or alcohol use;
(2) a urine test; or
(3) a blood test;
provided to a pregnant woman without the pregnant woman's consent.
As added by P.L.33-2016, SEC.1. Amended by P.L.129-2018, SEC.24; P.L.292-2019, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.1. Out of Network Provider Referrals › 25-1-9.1-1. Application of Chapter

Sec. 1. (a) This chapter applies to a referral made after December 31, 2017.
(b) This chapter does not apply to the following:
(1) A referral for treatment of an emergency medical condition.
(2) A referral made:
(A) immediately following treatment of an emergency medical condition; and
(B) by the provider that rendered the treatment of the emergency medical condition.
(3) A referral for medically or psychologically necessary therapeutic services rendered to an admitted patient in:
(A) a hospital; or
(B) another facility to which a patient may be admitted for more than twenty-four (24) hours.
As added by P.L.147-2017, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.1. Out of Network Provider Referrals › 25-1-9.1-2. "Affiliated"

Sec. 2. As used in this chapter, "affiliated" refers to a provider that is a member of the same provider group as another provider.
As added by P.L.147-2017, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.1. Out of Network Provider Referrals › 25-1-9.1-3. "Covered Individual"

Sec. 3. As used in this chapter, "covered individual" means an individual who is entitled to coverage under a health plan.
As added by P.L.147-2017, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.1. Out of Network Provider Referrals › 25-1-9.1-4. "Emergency Medical Condition"

Sec. 4. As used in this chapter, "emergency medical condition" means a medical condition that arises suddenly and unexpectedly and manifests itself by acute symptoms of such severity, including severe pain, that the absence of immediate medical attention could reasonably be expected by a prudent lay person who possesses an average knowledge of health and medicine to:
(1) place an individual's (including, with respect to a pregnant woman, her unborn child's) health in serious jeopardy;
(2) result in serious impairment to the individual's (including, with respect to a pregnant woman, her unborn child's) bodily functions; or
(3) result in serious dysfunction of a bodily organ or part of the individual (including, with respect to a pregnant woman, her unborn child).
As added by P.L.147-2017, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.1. Out of Network Provider Referrals › 25-1-9.1-5. "Health Plan"

Sec. 5. (a) As used in this chapter, "health plan" means:
(1) a policy of accident and sickness insurance (as defined in IC 27-8-5-1);
(2) an individual contract or a group contract with a health maintenance organization under IC 27-13; or
(3) another plan or program that provides payment, reimbursement, or indemnification for the costs of health care items or services;
that conditions the payment of benefits, in whole or in part, on a covered individual's use of providers that have agreed to be part of a network.
(b) The term does not include the following:
(1) Worker's compensation or similar insurance.
(2) Benefits provided under a certificate of exemption issued by the worker's compensation board under IC 22-3-2-5.
(3) Medicaid (IC 12-15).
As added by P.L.147-2017, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.1. Out of Network Provider Referrals › 25-1-9.1-6. "Network"

Sec. 6. As used in this chapter, "network" means a group of two (2) or more providers that have entered into:
(1) an agreement with an insurer under IC 27-8-11-3;
(2) a participating provider contract with a health maintenance organization under IC 27-13; or
(3) an agreement with another person specifying terms and conditions of the providers' rendering of health care items or services to covered individuals.
As added by P.L.147-2017, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.1. Out of Network Provider Referrals › 25-1-9.1-7. "Network Provider"

Sec. 7. As used in this chapter, "network provider" means a provider described in section 6 of this chapter.
As added by P.L.147-2017, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.1. Out of Network Provider Referrals › 25-1-9.1-8. "Out of Network Provider"

Sec. 8. As used in this chapter, "out of network provider" means a provider that is not described in section 6 of this chapter.
As added by P.L.147-2017, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.1. Out of Network Provider Referrals › 25-1-9.1-9. "Provider"

Sec. 9. (a) As used in this chapter, "provider" means a practitioner described in IC 25-1-9-2(a)(1).
(b) The term does not include an individual who holds a license, certification, registration, or permit issued under the following:
(1) IC 25-19.
(2) IC 25-38.1.
(c) The term includes a provider group.
As added by P.L.147-2017, SEC.1. Amended by P.L.36-2022, SEC.6.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.1. Out of Network Provider Referrals › 25-1-9.1-10. "Provider Group"

Sec. 10. As used in this chapter, "provider group" means a legal entity:
(1) that is owned by or employs one (1) or more providers; and
(2) through which billing is performed for health care items and services rendered by the providers.
As added by P.L.147-2017, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.1. Out of Network Provider Referrals › 25-1-9.1-11. "Referral"

Sec. 11. (a) As used in this chapter, "referral" means a recommendation or direction made by a provider to a covered individual that the covered individual receive a health care item or service rendered by another provider that is not affiliated with the first provider.
(b) The term does not include a recommendation or direction made by a provider to a covered individual that the covered individual receive a health care item or service rendered by another provider that is:
(1) affiliated with; or
(2) not specifically identified by name by;
the first provider.
As added by P.L.147-2017, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.1. Out of Network Provider Referrals › 25-1-9.1-12. Notice to Covered Individual Upon Referral; Notice for Telephone Referral

Sec. 12. (a) This section does not apply to a referral made by a provider that has confirmed that the provider to which a covered individual is referred is a network provider with respect to the covered individual's health plan.
(b) A provider that makes a referral shall provide to the covered individual an electronic or paper copy of written notice that states all of the following:
(1) That an out of network provider may be called upon to render health care items or services to the covered individual during the course of treatment.
(2) That an out of network provider described in subdivision (1) is not bound by the payment provisions that apply to health care items or services rendered by a network provider under the covered individual's health plan.
(3) That the covered individual may contact the covered individual's health plan before receiving health care items or services rendered by an out of network provider described in subdivision (1):
(A) to obtain a list of network providers that may render the health care items or services; and
(B) for additional assistance.
(c) A provider that makes a referral via telephone to a patient of record shall provide to the covered individual all of the following information:
(1) That an out of network provider may be called upon to render health care items or services to the covered individual during the course of treatment.
(2) That an out of network provider described in subdivision (1) is not bound by the payment provisions that apply to health care items or services rendered by a network provider under the covered individual's health plan.
(3) That the covered individual may contact the covered individual's health plan before receiving health care items or services rendered by an out of network provider described in subdivision (1):
(A) to obtain a list of network providers that may render the health care items or services; and
(B) for additional assistance.
(4) The provider shall note in the covered individual's medical chart:
(A) the name of the provider to whom the covered individual was referred; and
(B) that the referral was made via telephone.
As added by P.L.147-2017, SEC.1. Amended by P.L.121-2018, SEC.2; P.L.182-2018, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.3. Electronically Transmitted Prescriptions for Controlled Substances › 25-1-9.3-1. Issuance of Prescriptions

Sec. 1. A reference to a written or electronically transmitted prescription for a controlled substance in the Indiana Code shall be construed to be issued under this chapter.
As added by P.L.28-2019, SEC.9.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.3. Electronically Transmitted Prescriptions for Controlled Substances › 25-1-9.3-2. "Board"

Sec. 2. As used in this chapter, "board" refers to the Indiana board of pharmacy established by IC 25-26-13-3.
As added by P.L.28-2019, SEC.9.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.3. Electronically Transmitted Prescriptions for Controlled Substances › 25-1-9.3-3. "Controlled Substance"

Sec. 3. As used in this chapter, "controlled substance" has the meaning set forth in IC 35-48-1-9.
As added by P.L.28-2019, SEC.9.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.3. Electronically Transmitted Prescriptions for Controlled Substances › 25-1-9.3-4. "Electronically Transmitted"

Sec. 4. As used in this chapter, "electronically transmitted" or "electronic transmission" has the meaning set forth in IC 25-26-13-2.
As added by P.L.28-2019, SEC.9.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.3. Electronically Transmitted Prescriptions for Controlled Substances › 25-1-9.3-5. "Prescriber"

Sec. 5. As used in this chapter, "prescriber" means any of the following:
(1) A dentist licensed under IC 25-14.
(2) A physician licensed under IC 25-22.5.
(3) An advanced practice registered nurse licensed and granted the authority to prescribe under IC 25-23.
(4) An optometrist licensed under IC 25-24.
(5) A physician assistant licensed under IC 25-27.5 and granted the authority to prescribe by the physician assistant's supervisory physician in accordance with IC 25-27.5-5-4.
(6) A podiatrist licensed under IC 25-29.
As added by P.L.28-2019, SEC.9.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.3. Electronically Transmitted Prescriptions for Controlled Substances › 25-1-9.3-6. "Prescription"

Sec. 6. As used in this chapter, "prescription" has the meaning set forth in IC 25-26-13-2.
As added by P.L.28-2019, SEC.9.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.3. Electronically Transmitted Prescriptions for Controlled Substances › 25-1-9.3-7. Issuance of a Prescription for a Controlled Substance

Sec. 7. After December 31, 2021, except as provided in section 8 of this chapter, a prescriber shall issue a prescription for a controlled substance:
(1) in an electronic format; and
(2) by electronic transmission from the prescriber to a pharmacy;
in accordance with rules adopted by the board under IC 25-26-13-4(d).
As added by P.L.28-2019, SEC.9. Amended by P.L.207-2021, SEC.22.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.3. Electronically Transmitted Prescriptions for Controlled Substances › 25-1-9.3-8. Prescription for Controlled Substance in Written or Faxed Format or by Oral Order

Sec. 8. Beginning January 1, 2022, a prescriber may issue a prescription for a controlled substance in a written format, a faxed format, or an oral order if any of the following apply:
(1) The prescriber cannot transmit an electronically transmitted prescription due to:
(A) temporary technological or electrical failure;
(B) the technological inability to issue a prescription electronically, including but not limited to failure to possess the requisite technology; or
(C) the inability of the dispensing pharmacy or provider to receive or process an electronically transmitted prescription.
(2) The prescriber issues a prescription to be dispensed by a pharmacy located outside Indiana.
(3) The prescriber and the pharmacist are the same entity.
(4) The prescriber issues a prescription that meets any of the following:
(A) The prescription contains elements that are not supported by the technical standards developed by the National Council for Prescription Drug Programs for electronically transmitted prescriptions (NCPDP SCRIPT).
(B) The federal Food and Drug Administration requires the prescription to contain certain elements that cannot be supported in an electronically transmitted prescription.
(C) The prescription is a non-patient specific prescription in response to a public health emergency or another instance allowable under state law and that requires a non-patient specific prescription under:
(i) a standing order;
(ii) approved protocol for drug therapy;
(iii) collaborative drug management; or
(iv) comprehensive medication management.
(D) The prescription is issued under a research protocol.
(5) The prescriber has received a waiver or a renewal of a previously received waiver from the board in accordance with rules adopted under section 9 of this chapter.
(6) The board, in accordance with rules adopted under section 9 of this chapter, has determined that issuing an electronically transmitted prescription would be impractical and cause delay, adversely impacting the patient's medical condition.
(7) The prescriber reasonably determines that it would be impractical for the patient to obtain an electronic prescription in a timely manner and the delay would adversely affect the patient's medical condition.
As added by P.L.28-2019, SEC.9. Amended by P.L.114-2020, SEC.8; P.L.207-2021, SEC.23.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.3. Electronically Transmitted Prescriptions for Controlled Substances › 25-1-9.3-9. Rules; Substantial Similarity to Federal Requirements and Exceptions; Emergency Rules

Sec. 9. (a) The board shall, in consultation with the medical licensing board, adopt rules under IC 4-22-2 to implement this chapter, including:
(1) a process to grant or deny waivers or renewals of waivers from the requirement to issue electronically transmitted prescriptions for controlled substances due to:
(A) economic hardship;
(B) technological limitations outside the control of the prescriber that are not otherwise specified in section 8 of this chapter; or
(C) other circumstances determined by the board; and
(2) a list of circumstances in which issuing an electronically transmitted prescription would be impractical and cause delay that would adversely impact the user's medical condition.
(b) Any rules adopted under this chapter must be substantially similar to the requirements and exceptions under:
(1) 42 U.S.C. 1395w-104; and
(2) any regulations adopted under 42 U.S.C. 1395w-104.
(c) The board, in consultation with the medical licensing board, may adopt emergency rules in the manner provided in IC 4-22-2-37.1. A rule adopted under this section expires on the earlier of the following:
(1) The date that the rule is superseded, amended, or repealed by a permanent rule adopted under IC 4-22-2.
(2) July 1, 2023.
(d) A provision described in:
(1) section 8(1) through 8(4);
(2) section 8(6); and
(3) section 8(7);
of this chapter does not require a waiver of any rule adopted under this chapter.
As added by P.L.28-2019, SEC.9. Amended by P.L.114-2020, SEC.9; P.L.207-2021, SEC.24.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.3. Electronically Transmitted Prescriptions for Controlled Substances › 25-1-9.3-10. Pharmacists and Pharmacies and Violations

Sec. 10. The following do not violate this chapter if the pharmacy or pharmacist fills a written, faxed, or oral prescription for a controlled substance and the pharmacy or pharmacist is unaware that the prescription does not fall within an allowable exception under section 8 of this chapter:
(1) A pharmacy.
(2) A pharmacist.
As added by P.L.28-2019, SEC.9.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.3. Electronically Transmitted Prescriptions for Controlled Substances › 25-1-9.3-11. Violations and Disciplinary Action by Governing Board

Sec. 11. A prescriber who violates this chapter is subject to disciplinary action by the prescriber's governing board under IC 25-1-9.
As added by P.L.28-2019, SEC.9.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.5. Telehealth Services and Prescriptions › 25-1-9.5-0.5. Prohibition on Using Telehealth for Abortion

Sec. 0.5. Telehealth may not be used to provide any abortion, including the writing or filling of a prescription for any purpose that is intended to result in an abortion.
As added by P.L.85-2021, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.5. Telehealth Services and Prescriptions › 25-1-9.5-1. Allows Agreements to Alternative Locations for Providing Telehealth

Sec. 1. (a) This chapter does not prohibit a provider, prescriber, insurer, practitioner, or patient from agreeing to an alternative location of the patient, provider, practitioner, or prescriber to conduct telehealth.
(b) This chapter does not supersede any other statute concerning a provider or prescriber who provides health care to a patient.
As added by P.L.78-2016, SEC.2. Amended by P.L.150-2017, SEC.2; P.L.85-2021, SEC.9.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.5. Telehealth Services and Prescriptions › 25-1-9.5-2. "Distant Site"

Sec. 2. As used in this chapter, "distant site" means a site at which a practitioner is located while providing health care services through telehealth.
As added by P.L.78-2016, SEC.2. Amended by P.L.150-2017, SEC.3; P.L.85-2021, SEC.10.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.5. Telehealth Services and Prescriptions › 25-1-9.5-2.2. "Eye Care Professional"

Sec. 2.2. As used in this chapter, "eye care professional" means either of the following:
(1) A physician licensed under IC 25-22.5 who practices ophthalmology.
(2) An optometrist licensed under IC 25-24.
As added by P.L.52-2020, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 1. General Provisions › Chapter 9.5. Telehealth Services and Prescriptions › 25-1-9.5-2.5. "Health Care Services"

Sec. 2.5. (a) As used in this chapter, "health care services" includes the following:
(1) The following concerning a patient:
(A) Assessment.
(B) Diagnosis.
(C) Evaluation.
(D) Consultation.
(E) Treatment.
(F) Monitoring of a patient.
(2) Transfer of medical data.
(3) Patient health related education.
(4) Health administration.
(b) The term does not include case management services, care management services, service coordination services, or care coordination services:
(1) as defined in IC 12-7-2-25;
(2) provided to individuals under the Indiana Medicaid program or Medicaid waivers; or
(3) provided to individuals under any other programs administered by the office of the secretary of family and social services or the Indiana department of health.
As added by P.L.85-2021, SEC.11. Amended by P.L.109-2022, SEC.3.