February 2, 2001





HOUSE BILL No. 1541

_____


DIGEST OF HB 1541 (Updated January 31, 2001 7:00 PM - DI 77)



Citations Affected: IC 25-1.

Synopsis: Health professions standards. Adds to the health professions standards a prohibition against engaging in or soliciting sexual contact with a patient who is not the practitioner's spouse.

Effective: July 1, 2001.





Dillon, Brown C, Ulmer




    January 11, 2001, read first time and referred to Committee on Public Health.
    February 1, 2001, reported _ Do Pass.







February 2, 2001

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2000 General Assembly.

HOUSE BILL No. 1541



    A BILL FOR AN ACT to amend the Indiana Code concerning professions and occupations.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 25-1-9-4; (01)HB1541.1.1. -->     SECTION 1. IC 25-1-9-4 , AS AMENDED BY P.L.22-1999, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. (a) A practitioner shall conduct the practitioner's practice in accordance with the standards established by the board regulating the profession in question and is subject to the exercise of the disciplinary sanctions under section 9 of this chapter if, after a hearing, the board finds:
        (1) a practitioner has:
            (A) engaged in or knowingly cooperated in fraud or material deception in order to obtain a license to practice;
            (B) engaged in fraud or material deception in the course of professional services or activities; or
            (C) advertised services in a false or misleading manner;
        (2) a practitioner has been convicted of a crime that has a direct bearing on the practitioner's ability to continue to practice competently;
        (3) a practitioner has knowingly violated any state statute or rule,

or federal statute or regulation, regulating the profession in question;
        (4) a practitioner has continued to practice although the practitioner has become unfit to practice due to:
            (A) professional incompetence that:
                (i) may include the undertaking of professional activities that the practitioner is not qualified by training or experience to undertake; and
                (ii) does not include activities performed under IC 16-21-2-9 ;
            (B) failure to keep abreast of current professional theory or practice;
            (C) physical or mental disability; or
            (D) addiction to, abuse of, or severe dependency upon alcohol or other drugs that endanger the public by impairing a practitioner's ability to practice safely;
        (5) a practitioner has engaged in a course of lewd or immoral conduct in connection with the delivery of services to the public;
        (6) a practitioner has allowed the practitioner's name or a license issued under this chapter to be used in connection with an individual who renders services beyond the scope of that individual's training, experience, or competence;
        (7) a practitioner has had disciplinary action taken against the practitioner or the practitioner's license to practice in any other state or jurisdiction on grounds similar to those under this chapter;
        (8) a practitioner has diverted:
            (A) a legend drug (as defined in IC 16-18-2-199 ); or
            (B) any other drug or device issued under a drug order (as defined in IC 16-42-19-3 ) for another person;
        (9) a practitioner, except as otherwise provided by law, has knowingly prescribed, sold, or administered any drug classified as a narcotic, addicting, or dangerous drug to a habitue or addict; or
        (10) a practitioner has failed to comply with an order imposing a sanction under section 9 of this chapter; or
        (11) a practitioner has engaged in sexual contact with a patient under the practitioner's care or has used the practitioner-patient relationship to solicit sexual contact with a patient under the practitioner's care.

    (b) A practitioner who provides health care services to the practitioner's spouse is not subject to disciplinary action under

subsection (a)(11).
    (c)
A certified copy of the record of disciplinary action is conclusive evidence of the other jurisdiction's disciplinary action under subsection (a)(7).