CHAPTER 1. DEFINITIONS AND EXCLUSIONS
IC 25-22.5
ARTICLE 22.5. PHYSICIANS
IC 25-22.5-1
Chapter 1. Definitions and Exclusions
IC 25-22.5-1-1
Repealed
(Repealed by Acts 1978, P.L.8, SEC.14.)
IC 25-22.5-1-1.1
Definitions
Sec. 1.1. As used in this article:
(a) "Practice of medicine or osteopathic medicine" means any one(1) or a combination of the following:
(1) Holding oneself out to the public as being engaged in:
(A) the diagnosis, treatment, correction, or prevention of anydisease, ailment, defect, injury, infirmity, deformity, pain, orother condition of human beings;
(B) the suggestion, recommendation, or prescription oradministration of any form of treatment, without limitation;
(C) the performing of any kind of surgical operation upon ahuman being, including tattooing, except for tattooing (asdefined in IC 35-42-2-7), in which human tissue is cut,burned, or vaporized by the use of any mechanical means,laser, or ionizing radiation, or the penetration of the skin orbody orifice by any means, for the intended palliation, relief,or cure; or
(D) the prevention of any physical, mental, or functionalailment or defect of any person.
(2) The maintenance of an office or a place of business for thereception, examination, or treatment of persons suffering fromdisease, ailment, defect, injury, infirmity, deformity, pain, orother conditions of body or mind.
(3) Attaching the designation "doctor of medicine", "M.D.","doctor of osteopathy", "D.O.", "osteopathic medicalphysician", "physician", "surgeon", or "physician and surgeon",either alone or in connection with other words, or any otherwords or abbreviations to a name, indicating or inducing othersto believe that the person is engaged in the practice of medicineor osteopathic medicine (as defined in this section).
(4) Providing diagnostic or treatment services to a person inIndiana when the diagnostic or treatment services:
(A) are transmitted through electronic communications; and
(B) are on a regular, routine, and nonepisodic basis or underan oral or written agreement to regularly provide medicalservices.
In addition to the exceptions described in section 2 of thischapter, a nonresident physician who is located outside Indianadoes not practice medicine or osteopathy in Indiana by
providing a second opinion to a licensee or diagnostic ortreatment services to a patient in Indiana following medical careoriginally provided to the patient while outside Indiana.
(b) "Board" refers to the medical licensing board of Indiana.
(c) "Diagnose or diagnosis" means to examine a patient, parts ofa patient's body, substances taken or removed from a patient's body,or materials produced by a patient's body to determine the source ornature of a disease or other physical or mental condition, or to holdoneself out or represent that a person is a physician and is soexamining a patient. It is not necessary that the examination be madein the presence of the patient; it may be made on informationsupplied either directly or indirectly by the patient.
(d) "Drug or medicine" means any medicine, compound, orchemical or biological preparation intended for internal or externaluse of humans, and all substances intended to be used for thediagnosis, cure, mitigation, or prevention of diseases or abnormalitiesof humans, which are recognized in the latest editions published ofthe United States Pharmacopoeia or National Formulary, orotherwise established as a drug or medicine.
(e) "Licensee" means any individual holding a valid unlimitedlicense issued by the board under this article.
(f) "Prescribe or prescription" means to direct, order, or designatethe use of or manner of using a drug, medicine, or treatment, byspoken or written words or other means.
(g) "Physician" means any person who holds the degree of doctorof medicine or doctor of osteopathy or its equivalent and who holdsa valid unlimited license to practice medicine or osteopathicmedicine in Indiana.
(h) "Medical school" means a nationally accredited college ofmedicine or of osteopathic medicine approved by the board.
(i) "Physician assistant" means an individual who:
(1) is supervised by a physician;
(2) graduated from a physician assistant program accredited byan accrediting agency (as defined in IC 25-27.5-2-4.5);
(3) passed the examination administered by the NationalCommission on Certification of Physician Assistants (NCCPA)and maintains certification; and
(4) has been licensed by the physician assistant committeeunder IC 25-27.5.
(j) "Agency" refers to the Indiana professional licensing agencyunder IC 25-1-5.
As added by Acts 1978, P.L.8, SEC.13. Amended by Acts 1981,P.L.222, SEC.151; P.L.247-1985, SEC.1; P.L.169-1985, SEC.62;P.L.217-1993, SEC.2; P.L.180-1996, SEC.1; P.L.181-1997, SEC.1;P.L.1-2006, SEC.444; P.L.90-2007, SEC.3.
IC 25-22.5-1-1.2
Additional definitions
Sec. 1.2. As used in this article:
"Nursing school" includes a hospital nursing school, a nursing
program, and a nursing department of a postsecondary educationalinstitution. This shall include two (2), three (3), and four (4) yearprograms of nursing education.
"Shortage area" is an area in which there is a less than adequatesupply of physicians or nurses relative to the need for nursing orphysician services.
As added by Acts 1981, P.L.227, SEC.1. Amended by P.L.247-1985,SEC.2; P.L.2-2007, SEC.327.
IC 25-22.5-1-2
Exclusions
Sec. 2. (a) This article, as it relates to the unlawful orunauthorized practice of medicine or osteopathic medicine, does notapply to any of the following:
(1) A student in training in a medical school approved by theboard, or while performing duties as an intern or a resident ina hospital under the supervision of the hospital's staff or in aprogram approved by the medical school.
(2) A person who renders service in case of emergency whereno fee or other consideration is contemplated, charged, orreceived.
(3) A paramedic (as defined in IC 16-18-2-266), an emergencymedical technician-basic advanced (as defined inIC 16-18-2-112.5), an emergency medicaltechnician-intermediate (as defined in IC 16-18-2-112.7), anemergency medical technician (as defined in IC 16-18-2-112),or a person with equivalent certification from another state whorenders advanced life support (as defined in IC 16-18-2-7) orbasic life support (as defined in IC 16-18-2-33.5):
(A) during a disaster emergency declared by the governorunder IC 10-14-3-12 in response to an act that the governorin good faith believes to be an act of terrorism (as defined inIC 35-41-1-26.5); and
(B) in accordance with the rules adopted by the Indianaemergency medical services commission or the disasteremergency declaration of the governor.
(4) Commissioned medical officers or medical service officersof the armed forces of the United States, the United StatesPublic Health Service, and medical officers of the United StatesDepartment of Veterans Affairs in the discharge of their officialduties in Indiana.
(5) An individual who is not a licensee who resides in anotherstate or country and is authorized to practice medicine orosteopathic medicine there, who is called in for consultation byan individual licensed to practice medicine or osteopathicmedicine in Indiana.
(6) A person administering a domestic or family remedy to amember of the person's family.
(7) A member of a church practicing the religious tenets of thechurch if the member does not make a medical diagnosis,
prescribe or administer drugs or medicines, perform surgical orphysical operations, or assume the title of or profess to be aphysician.
(8) A school corporation and a school employee who acts underIC 34-30-14 (or IC 34-4-16.5-3.5 before its repeal).
(9) A chiropractor practicing the chiropractor's profession underIC 25-10 or to an employee of a chiropractor acting under thedirection and supervision of the chiropractor underIC 25-10-1-13.
(10) A dental hygienist practicing the dental hygienist'sprofession under IC 25-13.
(11) A dentist practicing the dentist's profession under IC 25-14.
(12) A hearing aid dealer practicing the hearing aid dealer'sprofession under IC 25-20.
(13) A nurse practicing the nurse's profession under IC 25-23.However, a certified registered nurse anesthetist (as defined inIC 25-23-1-1.4) may administer anesthesia if the certifiedregistered nurse anesthetist acts under the direction of and inthe immediate presence of a physician.
(14) An optometrist practicing the optometrist's professionunder IC 25-24.
(15) A pharmacist practicing the pharmacist's profession underIC 25-26.
(16) A physical therapist practicing the physical therapist'sprofession under IC 25-27.
(17) A podiatrist practicing the podiatrist's profession underIC 25-29.
(18) A psychologist practicing the psychologist's professionunder IC 25-33.
(19) A speech-language pathologist or audiologist practicing thepathologist's or audiologist's profession under IC 25-35.6.
(20) An employee of a physician or group of physicians whoperforms an act, a duty, or a function that is customarily withinthe specific area of practice of the employing physician orgroup of physicians, if the act, duty, or function is performedunder the direction and supervision of the employing physicianor a physician of the employing group within whose area ofpractice the act, duty, or function falls. An employee may notmake a diagnosis or prescribe a treatment and must report theresults of an examination of a patient conducted by theemployee to the employing physician or the physician of theemploying group under whose supervision the employee isworking. An employee may not administer medication withoutthe specific order of the employing physician or a physician ofthe employing group. Unless an employee is licensed orregistered to independently practice in a profession describedin subdivisions (9) through (18), nothing in this subsectiongrants the employee independent practitioner status or theauthority to perform patient services in an independent practicein a profession. (21) A hospital licensed under IC 16-21 or IC 12-25.
(22) A health care organization whose members, shareholders,or partners are individuals, partnerships, corporations, facilities,or institutions licensed or legally authorized by this state toprovide health care or professional services as:
(A) a physician;
(B) a psychiatric hospital;
(C) a hospital;
(D) a health maintenance organization or limited servicehealth maintenance organization;
(E) a health facility;
(F) a dentist;
(G) a registered or licensed practical nurse;
(H) a midwife;
(I) an optometrist;
(J) a podiatrist;
(K) a chiropractor;
(L) a physical therapist; or
(M) a psychologist.
(23) A physician assistant practicing the physician assistantprofession under IC 25-27.5.
(24) A physician providing medical treatment underIC 25-22.5-1-2.1.
(25) An attendant who provides attendant care services (asdefined in IC 16-18-2-28.5).
(26) A personal services attendant providing authorizedattendant care services under IC 12-10-17.1.
(b) A person described in subsection (a)(9) through (a)(18) is notexcluded from the application of this article if:
(1) the person performs an act that an Indiana statute does notauthorize the person to perform; and
(2) the act qualifies in whole or in part as the practice ofmedicine or osteopathic medicine.
(c) An employment or other contractual relationship between anentity described in subsection (a)(21) through (a)(22) and a licensedphysician does not constitute the unlawful practice of medicine underthis article if the entity does not direct or control independentmedical acts, decisions, or judgment of the licensed physician.However, if the direction or control is done by the entity underIC 34-30-15 (or IC 34-4-12.6 before its repeal), the entity is excludedfrom the application of this article as it relates to the unlawfulpractice of medicine or osteopathic medicine.
(d) This subsection does not apply to a prescription or drug orderfor a legend drug that is filled or refilled in a pharmacy owned oroperated by a hospital licensed under IC 16-21. A physician licensedin Indiana who permits or authorizes a person to fill or refill aprescription or drug order for a legend drug except as authorized inIC 16-42-19-11 through IC 16-42-19-19 is subject to disciplinaryaction under IC 25-1-9. A person who violates this subsectioncommits the unlawful practice of medicine under this chapter. (e) A person described in subsection (a)(8) shall not be authorizedto dispense contraceptives or birth control devices.
(Formerly: Acts 1975, P.L.271, SEC.1.) As amended by Acts 1977,P.L.273, SEC.2; P.L.244-1985, SEC.2; P.L.149-1987, SEC.50;P.L.156-1988, SEC.1; P.L.237-1989, SEC.1; P.L.1-1990, SEC.253;P.L.2-1992, SEC.776; P.L.2-1993, SEC.141; P.L.227-1993, SEC.10;P.L.227-1995, SEC.1; P.L.1-1998, SEC.132; P.L.44-1998, SEC.1;P.L.156-2001, SEC.6; P.L.255-2001, SEC.17; P.L.2-2003, SEC.65;P.L.205-2003, SEC.37; P.L.97-2004, SEC.93; P.L.212-2005,SEC.20; P.L.141-2006, SEC.106; P.L.90-2007, SEC.4;P.L.177-2009, SEC.40.
IC 25-22.5-1-2.1
Experimental or nonconventional treatment; protocols fortreatment
Sec. 2.1. (a) An individual who consents under IC 34-18-12 mayreceive any experimental or nonconventional medical treatment if:
(1) a licensed physician has personally examined the individualand agrees to treat the individual;
(2) there is no reasonable basis to conclude that the medicaltreatment, when administered as directed, poses anunreasonable and significant risk of danger to the individualreceiving the medical treatment; and
(3) the physician has provided the individual with a writtenstatement and an oral explanation of the medical treatment thatthe individual has acknowledged by the individual's signatureor the signature of the individual's legal representative and thatdiscloses the following:
(A) That the medical treatment is experimental ornonconventional.
(B) That the drug or medical device has not been approvedby the United States Food and Drug Administration for anyindication.
(C) The material risks generally recognized by a reasonablyprudent physician of the medical treatment's side effects.
(b) If the medical treatment is to be provided on an inpatient oroutpatient basis at a hospital licensed under IC 16-21, then that typeof treatment must have been approved by the governing board of thehospital or by a commitee of the hospital authorized by the governingboard to approve the types of experimental or nonconventionalmedical treatments that may be provided at the hospital on aninpatient or outpatient basis.
(c) The medical licensing board shall develop protocols formedical treatments that are provided in a setting other than theinpatient or outpatient hospital setting specified in subsection (b). Aphysician who fails to comply with a protocol developed under thissubsection shall be subject to discipline by the medical licensingboard.
(d) This section does not require any person or organization toprovide an individual with access to a medical treatment not
otherwise commercially available to that individual.
(e) This section does not require:
(1) an insurer;
(2) a fraternal benefit society;
(3) a nonprofit corporation;
(4) a health maintenance organization (as defined inIC 27-13-1-19);
(5) a preferred provider arrangement under IC 27-8-11; or
(6) a limited service health maintenance organization (asdefined in IC 27-13-34-4);
to provide coverage or make payment beyond the terms andconditions of the contract for medical treatment authorized under thissection.
As added by P.L.44-1998, SEC.2. Amended by P.L.49-1999, SEC.1.