CHAPTER 5. LICENSES AND PERMITS
IC 25-22.5-5
Chapter 5. Licenses and Permits
IC 25-22.5-5-1
Licenses with examination
Sec. 1. Licenses with Examination. Any applicant whosuccessfully passes the examination provided in chapter 4, and whomeets all of the requirements of chapter 3, is entitled to be registeredas a physician and to receive an unlimited license to practicemedicine or osteopathic medicine.
(Formerly: Acts 1975, P.L.271, SEC.1.)
IC 25-22.5-5-2
Licenses without examination
Sec. 2. (a) The board in its discretion may register as a physicianand may issue by endorsement an unlimited license to practicemedicine or osteopathic medicine to any applicant who has:
(1) complied with the minimum requirements of IC 25-22.5-3;and
(2) passed an examination:
(A) for licensure in another state or territory of the UnitedStates, or Canada; or
(B) given by a recognized certifying agency approved by theboard;
if that examination was, in the opinion of the board, equivalent inevery respect to Indiana's examination at the time it was taken.
(b) The board may refuse to issue a license or may issue aprobationary license to an applicant for licensure under this sectionif:
(1) the applicant has been disciplined by an administrativeagency in another state or jurisdiction; and
(2) the board determines that the violation for which theapplicant was disciplined has a direct bearing on the applicant'sability to practice competently as a physician in Indiana.
(Formerly: Acts 1975, P.L.271, SEC.1.) As amended byP.L.149-1987, SEC.53; P.L.33-1993, SEC.28.
IC 25-22.5-5-2.5
Unlimited and probationary licenses; refusal to license; removal oflimitation
Sec. 2.5. (a) The board may:
(1) refuse to issue a license;
(2) issue an unlimited license; or
(3) issue a probationary license to an applicant for licensure byexamination or endorsement;
if the applicant has had a license revoked under this chapter and isapplying for a new license after the expiration of the periodprescribed by IC 25-1-9-12.
(b) Before making a determination under subsection (a), the boardmay require the applicant to engage in full-scale assessments, formal
training programs, supervised practice arrangements, formal testing,or other proof of competence as provided under section 2.7 of thischapter.
(c) When issuing a probationary license under this section, theboard may require the individual holding the license to perform anyof the following acts as a condition for the issuance of a probationarylicense:
(1) Submit a regular report to the board concerning matters thatare the basis of probation.
(2) Limit the practice of the individual to the areas prescribedby the board.
(3) Continue or renew the individual's professional education.
(4) Perform or refrain from performing acts, as the boardconsiders appropriate to the public interest or the rehabilitationof the individual.
(5) Engage in community restitution or service withoutcompensation for a number of hours specified by the board.
(6) Any combination of these conditions.
(d) If the board determines following a hearing that the deficiencyrequiring disciplinary action concerning the individual has beenremedied, the board shall remove any limitation placed on theindividual's license under subsection (c).
As added by P.L.152-1988, SEC.15. Amended by P.L.33-1993,SEC.29; P.L.32-2000, SEC.13; P.L.105-2008, SEC.40.
IC 25-22.5-5-2.7
Provisional license
Sec. 2.7. (a) The board may issue a provisional license to anapplicant who:
(1) has not practiced medicine or has not maintained continuedcompetency for at least two (2) years immediately preceding thefiling of an application for an initial license;
(2) has applied for reinstatement of a license under IC 25-1-8-6that has been lapsed for at least three (3) years; or
(3) has submitted a request, petition, motion, or application toreactivate an inactive license previously issued by the board.
(b) For an applicant to qualify for a provisional license undersubsection (a), the board must find the following:
(1) The applicant's practice is deficient in one (1) or more areas.
(2) The nature of the applicant's deficiency is such that it doesnot constitute a violation of the practice act, other than a deminimis violation, as determined by the board.
(3) The nature of the applicant's identified practice deficiencyis such that it may be monitored until resolved to thesatisfaction of the board.
(4) The applicant's practice deficiency did not result in death,serious harm, or other serious outcome for a patient or patients.
(5) The applicant's practice deficiency did not represent anintentional or willful commission or omission of an act thatconstitutes a violation of IC 25-1-9-4, IC 25-22.5, or the rules
of the board.
(6) The applicant's practice deficiency did not involve sexualmisconduct.
(c) As a condition for an applicant to hold a provisional license,the board may require full-scale assessments, engagement in formaltraining programs, supervised practice arrangements, formal testing,or other proof of competence.
(d) An applicant under this section shall develop an individualizedpractice reentry program subject to the approval of the board.
(e) The duration of a provisional license shall be determined bythe board and reviewed at least annually by the board.
(f) When an applicant has demonstrated to the board that theapplicant has satisfactorily met the terms of the individualizedpractice reentry program, the applicant shall be released from termsof the provisional license and is entitled to hold an unlimited licenseunder IC 25-22.5-3-1.
(g) A provisional license is a nonrestricted license, and theissuance of a provisional license issued under this section may not beconstrued as a disciplinary action taken by the board.
(h) The board may take disciplinary action against an applicantwho holds a provisional license if, after a hearing, the board findsany of the following:
(1) Failure to comply with any term of the provisional license.
(2) Receipt of evidence from an appointed supervisor orworkplace monitor that the holder of the provisional license hasfailed to make satisfactory progress or successfully completethe requirements of the provisional license.
(3) Receipt of evidence from an appointed supervisor orworkplace monitor that the holder of the provisional license hasfailed to incorporate learned knowledge and skills into theholder's practice or has continued to demonstrate the samepractice deficiency that led to the issuance of the provisionallicense.
(4) A violation of IC 25-1-9.
(i) The holder of a provisional license may petition the board formodification, withdrawal, or retirement of the provisional license.
As added by P.L.105-2008, SEC.41.
IC 25-22.5-5-3
Waiver of requirements
Sec. 3. The board, in certain exceptional instances, may waive forlimited licenses, temporary medical permits, or final licensure any ofthe provisions of this article, including fee requirements, if acomplete evaluation by the board of the applicant's previous training,education, and practice determines them to equal or exceed therequirements of this article.
(Formerly: Acts 1975, P.L.271, SEC.1.) As amended byP.L.247-1985, SEC.12.
IC 25-22.5-5-4 Temporary medical permits
Sec. 4. (a) The board may authorize the agency to issue temporarymedical permits for the practice of medicine or osteopathic medicine.When a temporary medical permit is issued, it is subject to anytermination date specified by the board. A temporary medical permitmay be issued to any person who:
(1) has completed the academic requirements for the degree ofdoctor of medicine or doctor of osteopathy from a medicalschool approved by the board; and
(2) desires to obtain postgraduate medical education or trainingin a medical education institution or hospital located in Indianawhich has standards for postgraduate medical education andtraining satisfactory to the board;
is required to obtain a temporary medical permit unless the graduatepossesses an unlimited license to practice medicine or osteopathicmedicine in Indiana. Application for the permit must be made to theboard subject to this article. A temporary medical permit issued to aperson under this subsection for purposes of postgraduate training isvalid for a period of one (1) year and may be renewed for additionalone (1) year periods at the discretion of the board.
(b) A medical educational institution located in Indiana which hasstandards satisfactory to the board may, in the board's discretion,secure from it a permit for a person in the active practice of medicineoutside the state of Indiana or the United States, but who is notlicensed in Indiana, to teach medicine in the institution for anannually renewable period not to exceed one (1) year by filing withthe board an application by the institution and the person certifying:
(1) the person's professional qualifications;
(2) the term of the teaching appointment;
(3) the medical subjects to be taught; and
(4) other information and assurances as the board may require.
If the application is approved, the person is entitled to receive a"temporary medical teaching permit" which authorizes the person toteach medicine in the applicant institution for a stated period not toexceed one (1) year. This permit must be kept in the possession ofthe institution and surrendered by it to the board for cancellationwithin thirty (30) days after the person has ceased teaching in theinstitution. The permit authorizes the person to practice in theinstitution only and, in the course of teaching, to practice thosemedical or osteopathic medical acts as are usually and customarilyperformed by a physician teaching in a medical educationalinstitution, but does not authorize the person to practice medicine orosteopathic medicine otherwise.
(c) Any medical educational institution in this state whichauthorizes or permits a physician to violate this article or which itselfviolates this section may, in the discretion of the board, bedisqualified from further receiving the benefits of this section.
(d) The board may authorize the issuance of a temporary medicalpermit to a person who will be taking in Indiana for the first time theexamination or portion of the examination required by the board. A
temporary medical permit holder under this subsection shall workunder the supervision of a licensed physician, who is in goodstanding with the board, until the results of the examination taken bythe permit holder are published by the board. If the holder of atemporary medical permit under this subsection fails theexamination, the board may reissue a temporary medical permit tothe holder upon conditions, and for a period of time, that the boardconsiders appropriate.
(e) A person who holds a valid license to practice medicine orosteopathic medicine in the United States, its possessions, or Canada,and who is seeking licensure by endorsement, may be issued atemporary medical permit by the agency upon the authorization ofthe board. A temporary medical permit issued under this subsectionis valid for ninety (90) days or for a period considered appropriate bythe board.
(f) A person who is licensed to practice medicine or osteopathicmedicine by any board or licensing agency of another state orjurisdiction, and who meets the requirements established by theboard under IC 25-22.5-2-7, may be issued a temporary medicalpermit limited by terms and conditions considered appropriate by theboard. A temporary medical permit issued under this subsection isvalid for a nonrenewable period of no more than thirty (30) days.
(Formerly: Acts 1975, P.L.271, SEC.1.) As amended byP.L.247-1985, SEC.13; P.L.1-2006, SEC.448.
IC 25-22.5-5-4.5
Repealed
(Repealed by P.L.177-2009, SEC.63.)
IC 25-22.5-5-4.6
Temporary fellowship permits
Sec. 4.6. (a) The board may authorize the agency to issuetemporary fellowship permits for the practice of medicine. Atemporary fellowship permit is subject to any termination datespecified by the board.
(b) The board may issue a temporary fellowship permit to agraduate of a school located outside the United States, itspossessions, or Canada if the graduate:
(1) applies in the form and manner required by the board;
(2) pays a fee set by the board;
(3) has completed the academic requirements for the degree ofdoctor of medicine from a medical school approved by theboard;
(4) has been issued a valid permit by another state forparticipation in a postgraduate medical education or trainingprogram located in a state that has standards for postgraduatemedical education and training satisfactory to the board;
(5) has been accepted into a postgraduate medical fellowshiptraining program that:
(A) is affiliated with a medical school located in a state that
issued a permit under subdivision (4);
(B) has a training site located in Indiana; and
(C) has standards for postgraduate medical education andtraining satisfactory to the board;
(6) provides the board with documentation of the areas ofmedical practice for which the training is sought;
(7) provides the board with at least two (2) letters of referencedocumenting the individual's character; and
(8) demonstrates to the board that the individual is a physicianof good character who is in good standing outside the UnitedStates, its possessions, or Canada where the person normallywould practice.
(c) Applications for a temporary fellowship permit for graduatesof foreign medical schools must be made to the board subject to thissection.
(d) A permit issued under this section expires one (1) year afterthe date it is issued and, at the discretion of the board, may berenewed for additional one (1) year periods upon the payment of arenewal fee set by the board by rule.
(e) An individual who applies for a temporary fellowship permitunder this section is not required to take any step of the United StatesMedical Licensure Examination.
(f) A temporary fellowship permit must be kept in the possessionof the fellowship training institution and surrendered by theinstitution to the board within thirty (30) days after the person ceasestraining in Indiana.
(g) A temporary fellowship permit authorizes a person to practicein the training institution only and, in the course of training, topractice only those medical acts approved by the board but does notauthorize the person to practice medicine otherwise.
(h) The board may deny an application for a temporary fellowshippermit if the training program that has accepted the applicant has:
(1) violated; or
(2) authorized or permitted a physician to violate;
this section.
(i) A person issued a temporary fellowship permit under thissection must file an affidavit that:
(1) is signed by a physician licensed in Indiana;
(2) includes the license number of the signing physician;
(3) attests that the physician will monitor the work of thephysician holding the temporary fellowship permit; and
(4) is notarized.
The affidavit must be filed with the agency before the person holdingthe temporary fellowship permit may provide medical services.
As added by P.L.177-2009, SEC.41.
IC 25-22.5-5-5
Repealed
(Repealed by P.L.185-1993, SEC.15.)
IC 25-22.5-5-6
Eye enucleators; corneal excision technicians; registration;training programs
Sec. 6. (a) The board shall register as an eye enucleator anindividual who qualifies for registration under rules adopted by theboard under IC 25-22.5-2-7. An applicant for registration as an eyeenucleator must submit evidence that the applicant has successfullycompleted a training program in the enucleation of eyes approved bythe board. To be approved, a training program must:
(1) be taught by one (1) or more surgeons or physicians;
(2) include instruction and practice in:
(A) anatomy and physiology of the eye;
(B) the maintenance of a sterile field during the removal ofan eye; and
(C) the use of appropriate instruments and sterile proceduresfor removing the eye; and
(3) comply with rules adopted by the board underIC 25-22.5-2-7.
Registration of an eye enucleator under this section does not qualifythe eye enucleator to remove corneas or corneal tissue.
(b) The board shall register as a corneal excision technician aperson who qualifies for registration under rules adopted by theboard under IC 25-22.5-2-7. An applicant for registration as a cornealexcision technician must submit evidence that the applicant hassuccessfully completed a training program in corneal excisionapproved by the board. To be approved, a training program must:
(1) be taught by one (1) or more surgeons or physicians;
(2) include instruction and practice in:
(A) the anatomy and physiology of the eye;
(B) maintenance of a sterile field during the removal of acornea, an eye, or part of an eye; and
(C) the use of appropriate instruments and sterile proceduresfor removing a cornea, an eye, or part of an eye; and
(3) comply with rules adopted by the board underIC 25-22.5-2-7.
A corneal excision technician registered under this section mayremove an eye, part of an eye, a cornea, and corneal tissue.
(c) The board may revoke a registration issued under this sectionupon a showing of good cause for revocation.
(d) The board shall adopt rules under IC 25-22.5-2-7 to implementthis section.
As added by P.L.36-1993, SEC.3.