IC 25-22.5-5-1 Licenses with examination
Sec. 1. Licenses with Examination. Any applicant who
successfully passes the examination provided in chapter 4, and who
meets all of the requirements of chapter 3, is entitled to be registered
as a physician and to receive an unlimited license to practice
medicine 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 physician
and may issue by endorsement an unlimited license to practice
medicine 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 United
States, or Canada; or
(B) given by a recognized certifying agency approved by the
board;
if that examination was, in the opinion of the board, equivalent in
every respect to Indiana's examination at the time it was taken.
(b) The board may refuse to issue a license or may issue a
probationary license to an applicant for licensure under this section
if:
(1) the applicant has been disciplined by an administrative
agency in another state or jurisdiction; and
(2) the board determines that the violation for which the
applicant was disciplined has a direct bearing on the applicant's
ability to practice competently as a physician in Indiana. (Formerly: Acts 1975, P.L.271, SEC.1.) As amended by
P.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 of
limitation
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 by
examination or endorsement;
if the applicant has had a license revoked under this chapter and is
applying for a new license after the expiration of the period
prescribed by IC 25-1-9-12.
(b) Before making a determination under subsection (a), the board
may 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 this
chapter.
(c) When issuing a probationary license under this section, the
board may require the individual holding the license to perform any
of the following acts as a condition for the issuance of a probationary
license:
(1) Submit a regular report to the board concerning matters that
are the basis of probation.
(2) Limit the practice of the individual to the areas prescribed
by the board.
(3) Continue or renew the individual's professional education.
(4) Perform or refrain from performing acts, as the board
considers appropriate to the public interest or the rehabilitation
of the individual.
(5) Engage in community restitution or service without
compensation 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 deficiency
requiring disciplinary action concerning the individual has been
remedied, the board shall remove any limitation placed on the
individual'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 an
applicant who:
(1) has not practiced medicine or has not maintained continued
competency for at least two (2) years immediately preceding the
filing of an application for an initial license;
(2) has applied for reinstatement of a license under IC 25-1-8-6
that has been lapsed for at least three (3) years; or
(3) has submitted a request, petition, motion, or application to
reactivate an inactive license previously issued by the board.
(b) For an applicant to qualify for a provisional license under
subsection (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 does
not constitute a violation of the practice act, other than a de
minimis violation, as determined by the board.
(3) The nature of the applicant's identified practice deficiency
is such that it may be monitored until resolved to the
satisfaction 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 an
intentional or willful commission or omission of an act that
constitutes 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 sexual
misconduct.
(c) As a condition for an applicant to hold a provisional license,
the board may require full-scale assessments, engagement in formal
training programs, supervised practice arrangements, formal testing,
or other proof of competence.
(d) An applicant under this section shall develop an individualized
practice reentry program subject to the approval of the board.
(e) The duration of a provisional license shall be determined by
the board and reviewed at least annually by the board.
(f) When an applicant has demonstrated to the board that the
applicant has satisfactorily met the terms of the individualized
practice reentry program, the applicant shall be released from terms
of the provisional license and is entitled to hold an unlimited license
under IC 25-22.5-3-1.
(g) A provisional license is a nonrestricted license, and the
issuance of a provisional license issued under this section may not be
construed as a disciplinary action taken by the board.
(h) The board may take disciplinary action against an applicant
who holds a provisional license if, after a hearing, the board finds
any of the following:
(1) Failure to comply with any term of the provisional license.
(2) Receipt of evidence from an appointed supervisor or
workplace monitor that the holder of the provisional license has
failed to make satisfactory progress or successfully complete
the requirements of the provisional license.
(3) Receipt of evidence from an appointed supervisor or
workplace monitor that the holder of the provisional license has
failed to incorporate learned knowledge and skills into the
holder's practice or has continued to demonstrate the same
practice deficiency that led to the issuance of the provisional
license.
(4) A violation of IC 25-1-9.
(i) The holder of a provisional license may petition the board for
modification, 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 for
limited licenses, temporary medical permits, or final licensure any of
the provisions of this article, including fee requirements, if a
complete evaluation by the board of the applicant's previous training,
education, and practice determines them to equal or exceed the
requirements of this article. (Formerly: Acts 1975, P.L.271, SEC.1.) As amended by
P.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 temporary
medical permits for the practice of medicine or osteopathic medicine.
When a temporary medical permit is issued, it is subject to any
termination date specified by the board. A temporary medical permit
may be issued to any person who:
(1) has completed the academic requirements for the degree of
doctor of medicine or doctor of osteopathy from a medical
school approved by the board; and
(2) desires to obtain postgraduate medical education or training
in a medical education institution or hospital located in Indiana
which has standards for postgraduate medical education and
training satisfactory to the board;
is required to obtain a temporary medical permit unless the graduate
possesses an unlimited license to practice medicine or osteopathic
medicine in Indiana. Application for the permit must be made to the
board subject to this article. A temporary medical permit issued to a
person under this subsection for purposes of postgraduate training is
valid for a period of one (1) year and may be renewed for additional
one (1) year periods at the discretion of the board.
(b) A medical educational institution located in Indiana which has
standards satisfactory to the board may, in the board's discretion,
secure from it a permit for a person in the active practice of medicine
outside the state of Indiana or the United States, but who is not
licensed in Indiana, to teach medicine in the institution for an
annually renewable period not to exceed one (1) year by filing with
the 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 to
teach medicine in the applicant institution for a stated period not to
exceed one (1) year. This permit must be kept in the possession of
the institution and surrendered by it to the board for cancellation
within thirty (30) days after the person has ceased teaching in the
institution. The permit authorizes the person to practice in the
institution only and, in the course of teaching, to practice those
medical or osteopathic medical acts as are usually and customarily
performed by a physician teaching in a medical educational
institution, but does not authorize the person to practice medicine or
osteopathic medicine otherwise.
(c) Any medical educational institution in this state which
authorizes or permits a physician to violate this article or which itself
violates this section may, in the discretion of the board, be
disqualified from further receiving the benefits of this section.
(d) The board may authorize the issuance of a temporary medical
permit to a person who will be taking in Indiana for the first time the
examination or portion of the examination required by the board. A
temporary medical permit holder under this subsection shall work
under the supervision of a licensed physician, who is in good
standing with the board, until the results of the examination taken by
the permit holder are published by the board. If the holder of a
temporary medical permit under this subsection fails the
examination, the board may reissue a temporary medical permit to
the holder upon conditions, and for a period of time, that the board
considers appropriate.
(e) A person who holds a valid license to practice medicine or
osteopathic medicine in the United States, its possessions, or Canada,
and who is seeking licensure by endorsement, may be issued a
temporary medical permit by the agency upon the authorization of
the board. A temporary medical permit issued under this subsection
is valid for ninety (90) days or for a period considered appropriate by
the board.
(f) A person who is licensed to practice medicine or osteopathic
medicine by any board or licensing agency of another state or
jurisdiction, and who meets the requirements established by the
board under IC 25-22.5-2-7, may be issued a temporary medical
permit limited by terms and conditions considered appropriate by the
board. A temporary medical permit issued under this subsection is
valid for a nonrenewable period of no more than thirty (30) days. (Formerly: Acts 1975, P.L.271, SEC.1.) As amended by
P.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 issue
temporary fellowship permits for the practice of medicine. A
temporary fellowship permit is subject to any termination date
specified by the board.
(b) The board may issue a temporary fellowship permit to a
graduate of a school located outside the United States, its
possessions, 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 of
doctor of medicine from a medical school approved by the
board;
(4) has been issued a valid permit by another state for
participation in a postgraduate medical education or training
program located in a state that has standards for postgraduate
medical education and training satisfactory to the board;
(5) has been accepted into a postgraduate medical fellowship
training 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 and
training satisfactory to the board;
(6) provides the board with documentation of the areas of
medical practice for which the training is sought;
(7) provides the board with at least two (2) letters of reference
documenting the individual's character; and
(8) demonstrates to the board that the individual is a physician
of good character who is in good standing outside the United
States, its possessions, or Canada where the person normally
would practice.
(c) Applications for a temporary fellowship permit for graduates
of foreign medical schools must be made to the board subject to this
section.
(d) A permit issued under this section expires one (1) year after
the date it is issued and, at the discretion of the board, may be
renewed for additional one (1) year periods upon the payment of a
renewal fee set by the board by rule.
(e) An individual who applies for a temporary fellowship permit
under this section is not required to take any step of the United States
Medical Licensure Examination.
(f) A temporary fellowship permit must be kept in the possession
of the fellowship training institution and surrendered by the
institution to the board within thirty (30) days after the person ceases
training in Indiana.
(g) A temporary fellowship permit authorizes a person to practice
in the training institution only and, in the course of training, to
practice only those medical acts approved by the board but does not
authorize the person to practice medicine otherwise.
(h) The board may deny an application for a temporary fellowship
permit 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 this
section 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 the
physician holding the temporary fellowship permit; and
(4) is notarized.
The affidavit must be filed with the agency before the person holding
the 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 an
individual who qualifies for registration under rules adopted by the
board under IC 25-22.5-2-7. An applicant for registration as an eye
enucleator must submit evidence that the applicant has successfully
completed a training program in the enucleation of eyes approved 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) anatomy and physiology of the eye;
(B) the maintenance of a sterile field during the removal of
an eye; and
(C) the use of appropriate instruments and sterile procedures
for removing the eye; and
(3) comply with rules adopted by the board under
IC 25-22.5-2-7.
Registration of an eye enucleator under this section does not qualify
the eye enucleator to remove corneas or corneal tissue.
(b) The board shall register as a corneal excision technician a
person who qualifies for registration under rules adopted by the
board under IC 25-22.5-2-7. An applicant for registration as a corneal
excision technician must submit evidence that the applicant has
successfully completed a training program in corneal excision
approved 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 a
cornea, an eye, or part of an eye; and
(C) the use of appropriate instruments and sterile procedures
for removing a cornea, an eye, or part of an eye; and
(3) comply with rules adopted by the board under
IC 25-22.5-2-7.
A corneal excision technician registered under this section may
remove an eye, part of an eye, a cornea, and corneal tissue.
(c) The board may revoke a registration issued under this section
upon a showing of good cause for revocation.
(d) The board shall adopt rules under IC 25-22.5-2-7 to implement
this section. As added by P.L.36-1993, SEC.3.
IC 25-22.5-5-1 Licenses with examination
Sec. 1. Licenses with Examination. Any applicant who
successfully passes the examination provided in chapter 4, and who
meets all of the requirements of chapter 3, is entitled to be registered
as a physician and to receive an unlimited license to practice
medicine 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 physician
and may issue by endorsement an unlimited license to practice
medicine 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 United
States, or Canada; or
(B) given by a recognized certifying agency approved by the
board;
if that examination was, in the opinion of the board, equivalent in
every respect to Indiana's examination at the time it was taken.
(b) The board may refuse to issue a license or may issue a
probationary license to an applicant for licensure under this section
if:
(1) the applicant has been disciplined by an administrative
agency in another state or jurisdiction; and
(2) the board determines that the violation for which the
applicant was disciplined has a direct bearing on the applicant's
ability to practice competently as a physician in Indiana. (Formerly: Acts 1975, P.L.271, SEC.1.) As amended by
P.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 of
limitation
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 by
examination or endorsement;
if the applicant has had a license revoked under this chapter and is
applying for a new license after the expiration of the period
prescribed by IC 25-1-9-12.
(b) Before making a determination under subsection (a), the board
may 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 this
chapter.
(c) When issuing a probationary license under this section, the
board may require the individual holding the license to perform any
of the following acts as a condition for the issuance of a probationary
license:
(1) Submit a regular report to the board concerning matters that
are the basis of probation.
(2) Limit the practice of the individual to the areas prescribed
by the board.
(3) Continue or renew the individual's professional education.
(4) Perform or refrain from performing acts, as the board
considers appropriate to the public interest or the rehabilitation
of the individual.
(5) Engage in community restitution or service without
compensation 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 deficiency
requiring disciplinary action concerning the individual has been
remedied, the board shall remove any limitation placed on the
individual'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 an
applicant who:
(1) has not practiced medicine or has not maintained continued
competency for at least two (2) years immediately preceding the
filing of an application for an initial license;
(2) has applied for reinstatement of a license under IC 25-1-8-6
that has been lapsed for at least three (3) years; or
(3) has submitted a request, petition, motion, or application to
reactivate an inactive license previously issued by the board.
(b) For an applicant to qualify for a provisional license under
subsection (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 does
not constitute a violation of the practice act, other than a de
minimis violation, as determined by the board.
(3) The nature of the applicant's identified practice deficiency
is such that it may be monitored until resolved to the
satisfaction 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 an
intentional or willful commission or omission of an act that
constitutes 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 sexual
misconduct.
(c) As a condition for an applicant to hold a provisional license,
the board may require full-scale assessments, engagement in formal
training programs, supervised practice arrangements, formal testing,
or other proof of competence.
(d) An applicant under this section shall develop an individualized
practice reentry program subject to the approval of the board.
(e) The duration of a provisional license shall be determined by
the board and reviewed at least annually by the board.
(f) When an applicant has demonstrated to the board that the
applicant has satisfactorily met the terms of the individualized
practice reentry program, the applicant shall be released from terms
of the provisional license and is entitled to hold an unlimited license
under IC 25-22.5-3-1.
(g) A provisional license is a nonrestricted license, and the
issuance of a provisional license issued under this section may not be
construed as a disciplinary action taken by the board.
(h) The board may take disciplinary action against an applicant
who holds a provisional license if, after a hearing, the board finds
any of the following:
(1) Failure to comply with any term of the provisional license.
(2) Receipt of evidence from an appointed supervisor or
workplace monitor that the holder of the provisional license has
failed to make satisfactory progress or successfully complete
the requirements of the provisional license.
(3) Receipt of evidence from an appointed supervisor or
workplace monitor that the holder of the provisional license has
failed to incorporate learned knowledge and skills into the
holder's practice or has continued to demonstrate the same
practice deficiency that led to the issuance of the provisional
license.
(4) A violation of IC 25-1-9.
(i) The holder of a provisional license may petition the board for
modification, 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 for
limited licenses, temporary medical permits, or final licensure any of
the provisions of this article, including fee requirements, if a
complete evaluation by the board of the applicant's previous training,
education, and practice determines them to equal or exceed the
requirements of this article. (Formerly: Acts 1975, P.L.271, SEC.1.) As amended by
P.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 temporary
medical permits for the practice of medicine or osteopathic medicine.
When a temporary medical permit is issued, it is subject to any
termination date specified by the board. A temporary medical permit
may be issued to any person who:
(1) has completed the academic requirements for the degree of
doctor of medicine or doctor of osteopathy from a medical
school approved by the board; and
(2) desires to obtain postgraduate medical education or training
in a medical education institution or hospital located in Indiana
which has standards for postgraduate medical education and
training satisfactory to the board;
is required to obtain a temporary medical permit unless the graduate
possesses an unlimited license to practice medicine or osteopathic
medicine in Indiana. Application for the permit must be made to the
board subject to this article. A temporary medical permit issued to a
person under this subsection for purposes of postgraduate training is
valid for a period of one (1) year and may be renewed for additional
one (1) year periods at the discretion of the board.
(b) A medical educational institution located in Indiana which has
standards satisfactory to the board may, in the board's discretion,
secure from it a permit for a person in the active practice of medicine
outside the state of Indiana or the United States, but who is not
licensed in Indiana, to teach medicine in the institution for an
annually renewable period not to exceed one (1) year by filing with
the 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 to
teach medicine in the applicant institution for a stated period not to
exceed one (1) year. This permit must be kept in the possession of
the institution and surrendered by it to the board for cancellation
within thirty (30) days after the person has ceased teaching in the
institution. The permit authorizes the person to practice in the
institution only and, in the course of teaching, to practice those
medical or osteopathic medical acts as are usually and customarily
performed by a physician teaching in a medical educational
institution, but does not authorize the person to practice medicine or
osteopathic medicine otherwise.
(c) Any medical educational institution in this state which
authorizes or permits a physician to violate this article or which itself
violates this section may, in the discretion of the board, be
disqualified from further receiving the benefits of this section.
(d) The board may authorize the issuance of a temporary medical
permit to a person who will be taking in Indiana for the first time the
examination or portion of the examination required by the board. A
temporary medical permit holder under this subsection shall work
under the supervision of a licensed physician, who is in good
standing with the board, until the results of the examination taken by
the permit holder are published by the board. If the holder of a
temporary medical permit under this subsection fails the
examination, the board may reissue a temporary medical permit to
the holder upon conditions, and for a period of time, that the board
considers appropriate.
(e) A person who holds a valid license to practice medicine or
osteopathic medicine in the United States, its possessions, or Canada,
and who is seeking licensure by endorsement, may be issued a
temporary medical permit by the agency upon the authorization of
the board. A temporary medical permit issued under this subsection
is valid for ninety (90) days or for a period considered appropriate by
the board.
(f) A person who is licensed to practice medicine or osteopathic
medicine by any board or licensing agency of another state or
jurisdiction, and who meets the requirements established by the
board under IC 25-22.5-2-7, may be issued a temporary medical
permit limited by terms and conditions considered appropriate by the
board. A temporary medical permit issued under this subsection is
valid for a nonrenewable period of no more than thirty (30) days. (Formerly: Acts 1975, P.L.271, SEC.1.) As amended by
P.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 issue
temporary fellowship permits for the practice of medicine. A
temporary fellowship permit is subject to any termination date
specified by the board.
(b) The board may issue a temporary fellowship permit to a
graduate of a school located outside the United States, its
possessions, 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 of
doctor of medicine from a medical school approved by the
board;
(4) has been issued a valid permit by another state for
participation in a postgraduate medical education or training
program located in a state that has standards for postgraduate
medical education and training satisfactory to the board;
(5) has been accepted into a postgraduate medical fellowship
training 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 and
training satisfactory to the board;
(6) provides the board with documentation of the areas of
medical practice for which the training is sought;
(7) provides the board with at least two (2) letters of reference
documenting the individual's character; and
(8) demonstrates to the board that the individual is a physician
of good character who is in good standing outside the United
States, its possessions, or Canada where the person normally
would practice.
(c) Applications for a temporary fellowship permit for graduates
of foreign medical schools must be made to the board subject to this
section.
(d) A permit issued under this section expires one (1) year after
the date it is issued and, at the discretion of the board, may be
renewed for additional one (1) year periods upon the payment of a
renewal fee set by the board by rule.
(e) An individual who applies for a temporary fellowship permit
under this section is not required to take any step of the United States
Medical Licensure Examination.
(f) A temporary fellowship permit must be kept in the possession
of the fellowship training institution and surrendered by the
institution to the board within thirty (30) days after the person ceases
training in Indiana.
(g) A temporary fellowship permit authorizes a person to practice
in the training institution only and, in the course of training, to
practice only those medical acts approved by the board but does not
authorize the person to practice medicine otherwise.
(h) The board may deny an application for a temporary fellowship
permit 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 this
section 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 the
physician holding the temporary fellowship permit; and
(4) is notarized.
The affidavit must be filed with the agency before the person holding
the 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 an
individual who qualifies for registration under rules adopted by the
board under IC 25-22.5-2-7. An applicant for registration as an eye
enucleator must submit evidence that the applicant has successfully
completed a training program in the enucleation of eyes approved 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) anatomy and physiology of the eye;
(B) the maintenance of a sterile field during the removal of
an eye; and
(C) the use of appropriate instruments and sterile procedures
for removing the eye; and
(3) comply with rules adopted by the board under
IC 25-22.5-2-7.
Registration of an eye enucleator under this section does not qualify
the eye enucleator to remove corneas or corneal tissue.
(b) The board shall register as a corneal excision technician a
person who qualifies for registration under rules adopted by the
board under IC 25-22.5-2-7. An applicant for registration as a corneal
excision technician must submit evidence that the applicant has
successfully completed a training program in corneal excision
approved 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 a
cornea, an eye, or part of an eye; and
(C) the use of appropriate instruments and sterile procedures
for removing a cornea, an eye, or part of an eye; and
(3) comply with rules adopted by the board under
IC 25-22.5-2-7.
A corneal excision technician registered under this section may
remove an eye, part of an eye, a cornea, and corneal tissue.
(c) The board may revoke a registration issued under this section
upon a showing of good cause for revocation.
(d) The board shall adopt rules under IC 25-22.5-2-7 to implement
this section. As added by P.L.36-1993, SEC.3.
IC 25-22.5-5-1 Licenses with examination
Sec. 1. Licenses with Examination. Any applicant who
successfully passes the examination provided in chapter 4, and who
meets all of the requirements of chapter 3, is entitled to be registered
as a physician and to receive an unlimited license to practice
medicine 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 physician
and may issue by endorsement an unlimited license to practice
medicine 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 United
States, or Canada; or
(B) given by a recognized certifying agency approved by the
board;
if that examination was, in the opinion of the board, equivalent in
every respect to Indiana's examination at the time it was taken.
(b) The board may refuse to issue a license or may issue a
probationary license to an applicant for licensure under this section
if:
(1) the applicant has been disciplined by an administrative
agency in another state or jurisdiction; and
(2) the board determines that the violation for which the
applicant was disciplined has a direct bearing on the applicant's
ability to practice competently as a physician in Indiana. (Formerly: Acts 1975, P.L.271, SEC.1.) As amended by
P.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 of
limitation
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 by
examination or endorsement;
if the applicant has had a license revoked under this chapter and is
applying for a new license after the expiration of the period
prescribed by IC 25-1-9-12.
(b) Before making a determination under subsection (a), the board
may 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 this
chapter.
(c) When issuing a probationary license under this section, the
board may require the individual holding the license to perform any
of the following acts as a condition for the issuance of a probationary
license:
(1) Submit a regular report to the board concerning matters that
are the basis of probation.
(2) Limit the practice of the individual to the areas prescribed
by the board.
(3) Continue or renew the individual's professional education.
(4) Perform or refrain from performing acts, as the board
considers appropriate to the public interest or the rehabilitation
of the individual.
(5) Engage in community restitution or service without
compensation 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 deficiency
requiring disciplinary action concerning the individual has been
remedied, the board shall remove any limitation placed on the
individual'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 an
applicant who:
(1) has not practiced medicine or has not maintained continued
competency for at least two (2) years immediately preceding the
filing of an application for an initial license;
(2) has applied for reinstatement of a license under IC 25-1-8-6
that has been lapsed for at least three (3) years; or
(3) has submitted a request, petition, motion, or application to
reactivate an inactive license previously issued by the board.
(b) For an applicant to qualify for a provisional license under
subsection (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 does
not constitute a violation of the practice act, other than a de
minimis violation, as determined by the board.
(3) The nature of the applicant's identified practice deficiency
is such that it may be monitored until resolved to the
satisfaction 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 an
intentional or willful commission or omission of an act that
constitutes 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 sexual
misconduct.
(c) As a condition for an applicant to hold a provisional license,
the board may require full-scale assessments, engagement in formal
training programs, supervised practice arrangements, formal testing,
or other proof of competence.
(d) An applicant under this section shall develop an individualized
practice reentry program subject to the approval of the board.
(e) The duration of a provisional license shall be determined by
the board and reviewed at least annually by the board.
(f) When an applicant has demonstrated to the board that the
applicant has satisfactorily met the terms of the individualized
practice reentry program, the applicant shall be released from terms
of the provisional license and is entitled to hold an unlimited license
under IC 25-22.5-3-1.
(g) A provisional license is a nonrestricted license, and the
issuance of a provisional license issued under this section may not be
construed as a disciplinary action taken by the board.
(h) The board may take disciplinary action against an applicant
who holds a provisional license if, after a hearing, the board finds
any of the following:
(1) Failure to comply with any term of the provisional license.
(2) Receipt of evidence from an appointed supervisor or
workplace monitor that the holder of the provisional license has
failed to make satisfactory progress or successfully complete
the requirements of the provisional license.
(3) Receipt of evidence from an appointed supervisor or
workplace monitor that the holder of the provisional license has
failed to incorporate learned knowledge and skills into the
holder's practice or has continued to demonstrate the same
practice deficiency that led to the issuance of the provisional
license.
(4) A violation of IC 25-1-9.
(i) The holder of a provisional license may petition the board for
modification, 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 for
limited licenses, temporary medical permits, or final licensure any of
the provisions of this article, including fee requirements, if a
complete evaluation by the board of the applicant's previous training,
education, and practice determines them to equal or exceed the
requirements of this article. (Formerly: Acts 1975, P.L.271, SEC.1.) As amended by
P.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 temporary
medical permits for the practice of medicine or osteopathic medicine.
When a temporary medical permit is issued, it is subject to any
termination date specified by the board. A temporary medical permit
may be issued to any person who:
(1) has completed the academic requirements for the degree of
doctor of medicine or doctor of osteopathy from a medical
school approved by the board; and
(2) desires to obtain postgraduate medical education or training
in a medical education institution or hospital located in Indiana
which has standards for postgraduate medical education and
training satisfactory to the board;
is required to obtain a temporary medical permit unless the graduate
possesses an unlimited license to practice medicine or osteopathic
medicine in Indiana. Application for the permit must be made to the
board subject to this article. A temporary medical permit issued to a
person under this subsection for purposes of postgraduate training is
valid for a period of one (1) year and may be renewed for additional
one (1) year periods at the discretion of the board.
(b) A medical educational institution located in Indiana which has
standards satisfactory to the board may, in the board's discretion,
secure from it a permit for a person in the active practice of medicine
outside the state of Indiana or the United States, but who is not
licensed in Indiana, to teach medicine in the institution for an
annually renewable period not to exceed one (1) year by filing with
the 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 to
teach medicine in the applicant institution for a stated period not to
exceed one (1) year. This permit must be kept in the possession of
the institution and surrendered by it to the board for cancellation
within thirty (30) days after the person has ceased teaching in the
institution. The permit authorizes the person to practice in the
institution only and, in the course of teaching, to practice those
medical or osteopathic medical acts as are usually and customarily
performed by a physician teaching in a medical educational
institution, but does not authorize the person to practice medicine or
osteopathic medicine otherwise.
(c) Any medical educational institution in this state which
authorizes or permits a physician to violate this article or which itself
violates this section may, in the discretion of the board, be
disqualified from further receiving the benefits of this section.
(d) The board may authorize the issuance of a temporary medical
permit to a person who will be taking in Indiana for the first time the
examination or portion of the examination required by the board. A
temporary medical permit holder under this subsection shall work
under the supervision of a licensed physician, who is in good
standing with the board, until the results of the examination taken by
the permit holder are published by the board. If the holder of a
temporary medical permit under this subsection fails the
examination, the board may reissue a temporary medical permit to
the holder upon conditions, and for a period of time, that the board
considers appropriate.
(e) A person who holds a valid license to practice medicine or
osteopathic medicine in the United States, its possessions, or Canada,
and who is seeking licensure by endorsement, may be issued a
temporary medical permit by the agency upon the authorization of
the board. A temporary medical permit issued under this subsection
is valid for ninety (90) days or for a period considered appropriate by
the board.
(f) A person who is licensed to practice medicine or osteopathic
medicine by any board or licensing agency of another state or
jurisdiction, and who meets the requirements established by the
board under IC 25-22.5-2-7, may be issued a temporary medical
permit limited by terms and conditions considered appropriate by the
board. A temporary medical permit issued under this subsection is
valid for a nonrenewable period of no more than thirty (30) days. (Formerly: Acts 1975, P.L.271, SEC.1.) As amended by
P.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 issue
temporary fellowship permits for the practice of medicine. A
temporary fellowship permit is subject to any termination date
specified by the board.
(b) The board may issue a temporary fellowship permit to a
graduate of a school located outside the United States, its
possessions, 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 of
doctor of medicine from a medical school approved by the
board;
(4) has been issued a valid permit by another state for
participation in a postgraduate medical education or training
program located in a state that has standards for postgraduate
medical education and training satisfactory to the board;
(5) has been accepted into a postgraduate medical fellowship
training 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 and
training satisfactory to the board;
(6) provides the board with documentation of the areas of
medical practice for which the training is sought;
(7) provides the board with at least two (2) letters of reference
documenting the individual's character; and
(8) demonstrates to the board that the individual is a physician
of good character who is in good standing outside the United
States, its possessions, or Canada where the person normally
would practice.
(c) Applications for a temporary fellowship permit for graduates
of foreign medical schools must be made to the board subject to this
section.
(d) A permit issued under this section expires one (1) year after
the date it is issued and, at the discretion of the board, may be
renewed for additional one (1) year periods upon the payment of a
renewal fee set by the board by rule.
(e) An individual who applies for a temporary fellowship permit
under this section is not required to take any step of the United States
Medical Licensure Examination.
(f) A temporary fellowship permit must be kept in the possession
of the fellowship training institution and surrendered by the
institution to the board within thirty (30) days after the person ceases
training in Indiana.
(g) A temporary fellowship permit authorizes a person to practice
in the training institution only and, in the course of training, to
practice only those medical acts approved by the board but does not
authorize the person to practice medicine otherwise.
(h) The board may deny an application for a temporary fellowship
permit 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 this
section 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 the
physician holding the temporary fellowship permit; and
(4) is notarized.
The affidavit must be filed with the agency before the person holding
the 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 an
individual who qualifies for registration under rules adopted by the
board under IC 25-22.5-2-7. An applicant for registration as an eye
enucleator must submit evidence that the applicant has successfully
completed a training program in the enucleation of eyes approved 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) anatomy and physiology of the eye;
(B) the maintenance of a sterile field during the removal of
an eye; and
(C) the use of appropriate instruments and sterile procedures
for removing the eye; and
(3) comply with rules adopted by the board under
IC 25-22.5-2-7.
Registration of an eye enucleator under this section does not qualify
the eye enucleator to remove corneas or corneal tissue.
(b) The board shall register as a corneal excision technician a
person who qualifies for registration under rules adopted by the
board under IC 25-22.5-2-7. An applicant for registration as a corneal
excision technician must submit evidence that the applicant has
successfully completed a training program in corneal excision
approved 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 a
cornea, an eye, or part of an eye; and
(C) the use of appropriate instruments and sterile procedures
for removing a cornea, an eye, or part of an eye; and
(3) comply with rules adopted by the board under
IC 25-22.5-2-7.
A corneal excision technician registered under this section may
remove an eye, part of an eye, a cornea, and corneal tissue.
(c) The board may revoke a registration issued under this section
upon a showing of good cause for revocation.
(d) The board shall adopt rules under IC 25-22.5-2-7 to implement
this section. As added by P.L.36-1993, SEC.3.
