or regulation regulating the profession for which the
practitioner is licensed;
(6) continued to practice although the practitioner has become unfit to practice due to:
(A) professional incompetence;
(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 on alcohol or other drugs that endanger the public by impairing a practitioner's ability to practice safely;
(7) engaged in a course of lewd or immoral conduct in connection with the delivery of services to the public;
(8) allowed the practitioner's name or a license issued under this chapter to be used in connection with an individual or business who renders services beyond the scope of that individual's or business's training, experience, or competence;
(9) had disciplinary action taken against the practitioner or the practitioner's license to practice in another state or jurisdiction on grounds similar to those under this chapter;
(10) assisted another person in committing an act that would constitute a ground for disciplinary sanction under this chapter; or
(11) allowed a license issued by the department to be:
(A) used by another person; or
(B) displayed to the public when the license has expired, is inactive, is invalid, or has been revoked or suspended.
For purposes of subdivision (9), a certified copy of a record of disciplinary action constitutes prima facie evidence of a disciplinary action in another jurisdiction.
(c) The department may impose one (1) or more of the following sanctions if the department finds that a practitioner is subject to disciplinary sanctions under subsection (b):
(1) Permanently revoke a practitioner's license.
(2) Suspend a practitioner's license.
(3) Censure a practitioner.
(4) Issue a letter of reprimand.
(5) Assess a civil penalty against the practitioner in accordance with the following:
(A) The civil penalty may not be more than one thousand dollars ($1,000) for each violation listed in subsection (a), except for a finding of incompetency due to a physical or mental disability.
(B) When imposing a civil penalty, the department shall consider a practitioner's ability to pay the amount assessed. If the practitioner fails to pay the civil penalty within the time specified by the department, the
department 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 civil penalty.
(6) Place a practitioner on probation status and require the practitioner to:
(A) report regularly to the department upon the matters that are the basis of probation;
(B) limit practice to those areas prescribed by the department;
(C) continue or renew professional education approved by the department 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 department considers appropriate to the public interest or to the rehabilitation or treatment of the practitioner.
The department may withdraw or modify probation if the department finds after a hearing that the deficiency that required disciplinary action has been remedied or that changed circumstances warrant a modification of the order.
(d) If an applicant or a practitioner has engaged in or knowingly cooperated in fraud or material deception to obtain a license to practice, including cheating on the licensing examination, the department may rescind the license if it has been granted, void the examination or other fraudulent or deceptive material, and prohibit the applicant from reapplying for the license for a length of time established by the department.
(e) The department may deny licensure to an applicant who has had disciplinary action taken against the applicant or the applicant's license to practice in another state or jurisdiction or who has practiced without a license in violation of the law. A certified copy of the record of disciplinary action is conclusive evidence of the other jurisdiction's disciplinary action.
(f) The department may order a practitioner to submit to a reasonable physical or mental examination if the practitioner's physical or mental capacity to practice safely and competently is at issue in a disciplinary proceeding. Failure to comply with a department order to submit to a physical or mental examination makes a practitioner liable to temporary suspension under subsection (k).
(g) Except as provided under subsection (h) or (i), a license may not be denied, revoked, or suspended because the applicant or holder has been convicted of an offense. The acts from which the applicant's or holder's conviction resulted may, however, be
considered as to whether the applicant or holder should be
entrusted to serve the public in a specific capacity.
(h) The department may deny, suspend, or revoke a license issued under this chapter if the individual who holds the license is convicted of any of the following:
(1) Possession of cocaine, a narcotic drug, or methamphetamine under IC 35-48-4-6.
(2) Possession of a controlled substance under IC 35-48-4-7(a).
(3) Fraudulently obtaining a controlled substance under IC 35-48-4-7(b).
(4) Manufacture of paraphernalia as a Class D felony under IC 35-48-4-8.1(b).
(5) Dealing in paraphernalia as a Class D felony under IC 35-48-4-8.5(b).
(6) Possession of paraphernalia as a Class D felony under IC 35-48-4-8.3(b).
(7) Possession of marijuana, hash oil, or hashish as a Class D felony under IC 35-48-4-11.
(8) Maintaining a common nuisance under IC 35-48-4-13.
(9) An offense relating to registration, labeling, and prescription forms under IC 35-48-4-14.
(10) Conspiracy under IC 35-41-5-2 to commit an offense listed in clauses (1) through (9).
(11) Attempt under IC 35-41-5-1 to commit an offense listed in clauses (1) through (10).
(12) An offense in any other jurisdiction in which the elements of the offense for which the conviction was entered are substantially similar to the elements of an offense described under clauses (1) through (11).
(i) The department shall deny, revoke or suspend a license issued under this chapter if the individual who holds the license is convicted of any of the following:
(1) Dealing in cocaine, a narcotic drug, or methamphetamine under IC 35-48-4-1.
(2) Dealing in a schedule I, II, or III controlled substance under IC 35-48-4-2.
(3) Dealing in a schedule IV controlled substance under IC 35-48-4-3.
(4) Dealing in a schedule V controlled substance under IC 35-48-4-4.
(5) Dealing in a substance represented to be a controlled substance under IC 35-48-4-4.5.
(6) Knowingly or intentionally manufacturing, advertising, distributing, or possessing with intent to manufacture, advertise, or distribute a substance represented to be a controlled substance under IC 35-48-4-4.6.
(7) Dealing in a counterfeit substance under IC 35-48-4-5.