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.
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     HOUSE ENROLLED ACT No. 1541



     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 25-1-9-3.5; (01)HE1541.1.1. -->     SECTION 1. IC 25-1-9-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3.5. As used in this chapter, "sexual contact" means:
        (1) sexual intercourse (as defined in IC 35-41-1-26);
        (2) deviate sexual conduct (as defined in IC 35-41-1-9); 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.

SOURCE: IC 25-1-9-4; (01)HE1541.1.2. -->     SECTION 2. 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).


HEA 1541 _ Concur

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