IC 25-23-1
Chapter 1. Licensing of Nurses; Creation of Board; Education
Programs
IC 25-23-1-1 Definitions
Sec. 1. As used in this chapter:
(a) "Board" means the Indiana state board of nursing.
(b) "Advanced practice nurse" means:
(1) a nurse practitioner;
(2) a nurse midwife; or
(3) a clinical nurse specialist;
who is a registered nurse qualified to practice nursing in a specialty
role based upon the additional knowledge and skill gained through
a formal organized program of study and clinical experience, or the
equivalent as determined by the board, which does not limit but
extends or expands the function of the nurse which may be initiated
by the client or provider in settings that shall include hospital
outpatient clinics and health maintenance organizations.
(c) "Human response" means those signs, symptoms, behaviors,
and processes that denote the individual's interaction with the
environment. (Formerly: Acts 1949, c.159, s.1; Acts 1971, P.L.376, SEC.1; Acts
1974, P.L.119, SEC.1.) As amended by Acts 1981, P.L.228, SEC.1;
P.L.169-1985, SEC.63; P.L.185-1993, SEC.2.
IC 25-23-1-1.1 Additional definitions
Sec. 1.1. (a) As used in this chapter, "registered nurse" means a
person who holds a valid license issued:
(1) under this chapter; or
(2) by a party state (as defined in IC 25-23.3-2-11); and
who bears primary responsibility and accountability for nursing
practices based on specialized knowledge, judgment, and skill
derived from the principles of biological, physical, and behavioral
sciences.
(b) As used in this chapter, "registered nursing" means
performance of services which include but are not limited to:
(1) assessing health conditions;
(2) deriving a nursing diagnosis;
(3) executing a nursing regimen through the selection,
performance, and management of nursing actions based on
nursing diagnoses;
(4) advocating the provision of health care services through
collaboration with or referral to other health professionals;
(5) executing regimens delegated by a physician with an
unlimited license to practice medicine or osteopathic medicine,
a licensed dentist, a licensed chiropractor, a licensed
optometrist, or a licensed podiatrist;
(6) teaching, administering, supervising, delegating, and
evaluating nursing practice;
(7) delegating tasks which assist in implementing the nursing,
medical, or dental regimen; or
(8) performing acts which are approved by the board or by the
board in collaboration with the medical licensing board of
Indiana.
(c) As used in this chapter, "assessing health conditions" means
the collection of data through means such as interviews, observation,
and inspection for the purpose of:
(1) deriving a nursing diagnosis;
(2) identifying the need for additional data collection by nursing
personnel; and
(3) identifying the need for additional data collection by other
health professionals.
(d) As used in this chapter, "nursing regimen" means preventive,
restorative, maintenance, and promotion activities which include
meeting or assisting with self-care needs, counseling, and teaching.
(e) As used in this chapter, "nursing diagnosis" means the
identification of needs which are amenable to nursing regimen. As added by Acts 1981, P.L.222, SEC.158. Amended by
P.L.169-1985, SEC.64; P.L.181-2002, SEC.3; P.L.1-2007, SEC.170;
P.L.134-2008, SEC.26.
IC 25-23-1-1.2 "Licensed practical nurse" defined
Sec. 1.2. As used in this chapter, "licensed practical nurse" means
a person who holds a valid license issued under this chapter or by a
party state (as defined in IC 25-23.3-2-11) and who functions at the
direction of:
(1) a registered nurse;
(2) a physician with an unlimited license to practice medicine
or osteopathic medicine;
(3) a licensed dentist;
(4) a licensed chiropractor;
(5) a licensed optometrist; or
(6) a licensed podiatrist;
in the performance of activities commonly performed by practical
nurses and requiring special knowledge or skill. As added by P.L.169-1985, SEC.65. Amended by P.L.181-2002,
SEC.4; P.L.1-2007, SEC.171; P.L.134-2008, SEC.27.
IC 25-23-1-1.3 "Practical nursing" defined
Sec. 1.3. As used in this chapter, "practical nursing" means the
performance of services commonly performed by practical nurses,
including:
(1) contributing to the assessment of the health status of
individuals or groups;
(2) participating in the development and modification of the
strategy of care;
(3) implementing the appropriate aspects of the strategy of care;
(4) maintaining safe and effective nursing care; and
(5) participating in the evaluation of responses to the strategy of
care. As added by P.L.169-1985, SEC.66.
IC 25-23-1-1.4 "Certified registered nurse anesthetist" defined
Sec. 1.4. As used in this chapter, "certified registered nurse
anesthetist" means a registered nurse who:
(1) is a graduate of a nurse anesthesia educational program
accredited by the Council on Accreditation of Nurse Anesthesia
Educational Programs or its predecessor;
(2) is properly certified by successfully completing the
certification examination administered by the Council on
Certification of Nurse Anesthetists or its predecessor; and
(3) is properly certified and in compliance with criteria for
biennial recertification, as defined by the Council on
Recertification of Nurse Anesthetists. As added by P.L.185-1993, SEC.3. Amended by P.L.177-2009,
SEC.42.
IC 25-23-1-2 Indiana state board of nursing; establishment; members; term of
office; vacancies
Sec. 2. (a) There is established the Indiana state board of nursing
consisting of nine (9) members appointed by the governor, each to
serve a term of four (4) years subject to death, resignation, or
removal by the governor.
(b) Six (6) of the board members must be registered nurses who
are committed to advancing and safeguarding the nursing profession
as a whole. Two (2) of the board's members must be licensed
practical nurses. One (1) member of the board, to represent the
general public, must be a resident of this state and not be associated
with nursing in any way other than as a consumer.
(c) Each appointed board member may serve until the member's
successor has been appointed and qualified. Any vacancy occurring
in the membership of the board for any cause shall be filled by
appointment by the governor for the unexpired term. Members of the
board may be appointed for more than one (1) term. However, no
person who has served as a member of the board for more than six
(6) consecutive years may be reappointed. Reappointments of
persons who have served six (6) consecutive years as a member of
the board may be made after three (3) years have elapsed. (Formerly: Acts 1949, c.159, s.2; Acts 1971, P.L.376, SEC.2.) As
amended by Acts 1981, P.L.222, SEC.159; P.L.169-1985, SEC.67;
P.L.185-1993, SEC.4; P.L.158-2003, SEC.4. IC 25-23-1-3 Filling vacancies; removal of board members
Sec. 3. On or before December 1 of each year and at any time
there is a vacancy, the Indiana State Nurses' Association shall
recommend to the Governor a list of qualified registered nurses for
appointment to the Board in the number of not less than twice the
number of registered nurse vacancies to be filled.
On or before December 1 of each year and at any time there is a
vacancy, the Indiana Federation of Licensed Practical Nurses' shall
recommend to the Governor a list of qualified licensed practical
nurses and nurse educators of Practical Nurse Programs for
appointment to the Board in the number of not less than twice the
number of vacancies to be filled. The Governor may remove any
member from the Board for neglect of any duty required by law or
for incompetency or unprofessional or dishonorable conduct. (Formerly: Acts 1949, c.159, s.3; Acts 1971, P.L.376, SEC.3.)
IC 25-23-1-4 Qualifications of members of board; oath
Sec. 4. (a) Each registered nurse member of the board required by
section 2 of this chapter must:
(1) be a citizen of the United States;
(2) be a resident of Indiana;
(3) have:
(A) graduated from an accredited educational program for
the preparation of practitioners of professional nursing;
(B) been licensed as a registered nurse in Indiana;
(C) had at least five (5) years successful experience since
graduation in administering, teaching, or practicing in an
educational program to prepare practitioners of nursing or in
administering or practicing in nursing service; and
(D) been actively engaged in the activities described in
clause (C) for at least three (3) years immediately preceding
appointment or reappointment; and
(4) be actively engaged in the activities described in subdivision
(3)(C) throughout the member's term of office.
(b) Each licensed practical nurse member of the board required by
section 2 of this chapter must:
(1) be a citizen of the United States;
(2) be a resident of Indiana;
(3) have:
(A) graduated from an accredited educational program for
the preparation of practitioners of practical nursing;
(B) been licensed as a licensed practical nurse in Indiana;
(C) had at least five (5) years successful experience as a
practitioner of practical nursing since graduation; and
(D) been actively engaged in practical nursing for at least
three (3) years immediately preceding appointment to the
board; and
(4) be actively engaged in practice throughout the member's
term of office.
(c) Before entering upon the discharge of official duties, each
member of the board shall file the constitutional oath of office in the
office of the secretary of state. (Formerly: Acts 1949, c.159, s.4; Acts 1971, P.L.376, SEC.4.) As
amended by P.L.169-1985, SEC.68.
IC 25-23-1-5 Meetings; officers; quorum
Sec. 5. (a) The board shall meet annually. At its first meeting of
the calendar year, it shall elect from the membership a president, a
vice president, and a secretary. It shall hold such other meetings
during the year as may be necessary for the transaction of its
business.
(b) Five (5) members of the board constitute a quorum. An
affirmative vote of a majority of the members appointed to the board
is required for action of the board. (Formerly: Acts 1949, c.159, s.5; Acts 1971, P.L.376, SEC.5.) As
amended by Acts 1981, P.L.222, SEC.160; P.L.169-1985, SEC.69;
P.L.149-1987, SEC.56; P.L.158-2003, SEC.5.
IC 25-23-1-6
Repealed
(Repealed by P.L.169-1985, SEC.97.)
IC 25-23-1-7 Powers and duties of board
Sec. 7. (a) The board shall do the following:
(1) Adopt under IC 4-22-2 rules necessary to enable it to carry
into effect this chapter.
(2) Prescribe standards and approve curricula for nursing
education programs preparing persons for licensure under this
chapter.
(3) Provide for surveys of such programs at such times as it
considers necessary.
(4) Accredit such programs as meet the requirements of this
chapter and of the board.
(5) Deny or withdraw accreditation from nursing education
programs for failure to meet prescribed curricula or other
standards.
(6) Examine, license, and renew the license of qualified
applicants.
(7) Issue subpoenas, compel the attendance of witnesses, and
administer oaths to persons giving testimony at hearings.
(8) Cause the prosecution of all persons violating this chapter
and have power to incur necessary expenses for these
prosecutions.
(9) Adopt rules under IC 4-22-2 that do the following:
(A) Prescribe standards for the competent practice of
registered, practical, and advanced practice nursing.
(B) Establish with the approval of the medical licensing
board created by IC 25-22.5-2-1 requirements that advanced
practice nurses must meet to be granted authority to
prescribe legend drugs and to retain that authority.
(C) Establish, with the approval of the medical licensing
board created by IC 25-22.5-2-1, requirements for the
renewal of a practice agreement under section 19.4 of this
chapter, which shall expire on October 31 in each
odd-numbered year.
(10) Keep a record of all its proceedings.
(11) Collect and distribute annually demographic information
on the number and type of registered nurses and licensed
practical nurses employed in Indiana.
(12) Adopt rules and administer the interstate nurse licensure
compact under IC 25-23.3.
(b) The board may do the following:
(1) Create ad hoc subcommittees representing the various
nursing specialties and interests of the profession of nursing.
Persons appointed to a subcommittee serve for terms as
determined by the board.
(2) Utilize the appropriate subcommittees so as to assist the
board with its responsibilities. The assistance provided by the
subcommittees may include the following:
(A) Recommendation of rules necessary to carry out the
duties of the board.
(B) Recommendations concerning educational programs and
requirements.
(C) Recommendations regarding examinations and licensure
of applicants.
(3) Appoint nurses to serve on each of the ad hoc
subcommittees.
(4) Withdraw from the interstate nurse licensure compact under
IC 25-23.2 (repealed).
(5) If requested by the nonprofit corporation formed under
IC 12-31-1-3, provide assistance to the public umbilical cord
blood bank and umbilical cord blood donation initiative.
(c) Nurses appointed under subsection (b) must:
(1) be committed to advancing and safeguarding the nursing
profession as a whole; and
(2) represent nurses who practice in the field directly affected
by a subcommittee's actions. (Formerly: Acts 1949, c.159, s.7; Acts 1971, P.L.376, SEC.6.) As
amended by Acts 1977, P.L.172, SEC.29; Acts 1979, P.L.17, SEC.46;
Acts 1981, P.L.222, SEC.161; P.L.169-1985, SEC.70; P.L.149-1987,
SEC.57; P.L.185-1993, SEC.5; P.L.127-1994, SEC.1; P.L.181-2002,
SEC.5; P.L.158-2003, SEC.6; P.L.1-2007, SEC.172; P.L.134-2008,
SEC.28.
IC 25-23-1-7.1 Rules and regulations
Sec. 7.1. The board may adopt rules and regulations applicable to
nurse practitioners. As added by Acts 1981, P.L.228, SEC.2.
IC 25-23-1-8
Repealed
(Repealed by P.L.169-1985, SEC.97.)
IC 25-23-1-9
Repealed
(Repealed by P.L.169-1985, SEC.97.)
IC 25-23-1-10 Compensation of board members
Sec. 10. (a) Each member of the board who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement
for traveling expenses and other expenses actually incurred in
connection with the member's duties, as provided in the state travel
policies and procedures established by the department of
administration and approved by the state budget agency.
(b) Each member of the board who is a state employee but who is
not a member of the general assembly is entitled to reimbursement
for traveling expenses and other expenses actually incurred in
connection with the member's duties, as provided in the state travel
policies and procedures established by the department of
administration and approved by the state budget agency. (Formerly: Acts 1949, c.159, s.10; Acts 1971, P.L.376, SEC.9.) As
amended by P.L.149-1987, SEC.58.
IC 25-23-1-10.5 Temporary permits
Sec. 10.5. (a) The board may issue a temporary permit to practice
as a nurse to a nurse licensed to practice in another state or territory
of the United States, who has applied to the board for licensure by
endorsement and submitted proof of current licensure to the board.
The permit is valid for ninety (90) days after issuance or upon denial
of licensure by the board. The permit may be renewed by the board,
for a period not to exceed ninety (90) days, if, in the determination
of the board, it is not possible to complete the application process in
that time period.
(b) Persons holding a temporary permit to practice as a nurse are
subject to the disciplinary provisions of this chapter and IC 25-1-9.
(c) The board may establish by rule under IC 4-22-2 application
procedures and requirements for the issuance of temporary permits
under this section. As added by P.L.169-1985, SEC.71. Amended by P.L.149-1987,
SEC.59; P.L.152-1988, SEC.16; P.L.48-1991, SEC.38;
P.L.243-1995, SEC.1. IC 25-23-1-11 Requirements for registered nurse applicants; endorsement
license; fees; use of title
Sec. 11. (a) Any person who applies to the board for a license to
practice as a registered nurse must:
(1) not have:
(A) been convicted of a crime that has a direct bearing on the
person's ability to practice competently; or
(B) committed an act that would constitute a ground for a
disciplinary sanction under IC 25-1-9;
(2) have completed:
(A) the prescribed curriculum and met the graduation
requirements of a state accredited program of registered
nursing that only accepts students who have a high school
diploma or its equivalent as determined by the board; or
(B) the prescribed curriculum and graduation requirements
of a nursing education program in a foreign country that is
substantially equivalent to a board approved program as
determined by the board. The board may by rule adopted
under IC 4-22-2 require an applicant under this subsection to
successfully complete an examination approved by the board
to measure the applicant's qualifications and background in
the practice of nursing and proficiency in the English
language; and
(3) be physically and mentally capable of and professionally
competent to safely engage in the practice of nursing as
determined by the board.
The board may not require a person to have a baccalaureate degree
in nursing as a prerequisite for licensure.
(b) The applicant must pass an examination in such subjects as the
board may determine.
(c) The board may issue by endorsement a license to practice as
a registered nurse to an applicant who has been licensed as a
registered nurse, by examination, under the laws of another state if
the applicant presents proof satisfactory to the board that, at the time
that the applicant applies for an Indiana license by endorsement, the
applicant holds a current license in another state and possesses
credentials and qualifications that are substantially equivalent to
requirements in Indiana for licensure by examination. The board may
specify by rule what constitutes substantial equivalence under this
subsection.
(d) The board may issue by endorsement a license to practice as
a registered nurse to an applicant who:
(1) has completed the English version of the:
(A) Canadian Nurse Association Testing Service
Examination (CNAT); or
(B) Canadian Registered Nurse Examination (CRNE);
(2) achieved the passing score required on the examination at
the time the examination was taken;
(3) is currently licensed in a Canadian province or in another
state; and
(4) meets the other requirements under this section.
(e) Each applicant for examination and registration to practice as
a registered nurse shall pay a fee set by the board, a part of which
must be used for the rehabilitation of impaired registered nurses and
impaired licensed practical nurses. Payment of the fee or fees shall
be made by the applicant prior to the date of examination. The lesser
of the following amounts from fees collected under this subsection
shall be deposited in the impaired nurses account of the state general
fund established by section 34 of this chapter:
(1) Twenty-five percent (25%) of the license application fee per
license applied for under this section.
(2) The cost per license to operate the impaired nurses program,
as determined by the Indiana professional licensing agency.
(f) Any person who holds a license to practice as a registered
nurse in:
(1) Indiana; or
(2) a party state (as defined in IC 25-23.3-2-11);
may use the title "Registered Nurse" and the abbreviation "R.N.". No
other person shall practice or advertise as or assume the title of
registered nurse or use the abbreviation of "R.N." or any other words,
letters, signs, or figures to indicate that the person using same is a
registered nurse. (Formerly: Acts 1949, c.159, s.11; Acts 1971, P.L.376, SEC.10; Acts
1974, P.L.119, SEC.3; Acts 1975, P.L.272, SEC.1.) As amended by
Acts 1981, P.L.222, SEC.163; Acts 1982, P.L.113, SEC.58;
P.L.169-1985, SEC.72; P.L.149-1987, SEC.60; P.L.152-1988,
SEC.17; P.L.48-1991, SEC.39; P.L.33-1993, SEC.30; P.L.181-1996,
SEC.1; P.L.236-1999, SEC.1; P.L.181-2002, SEC.6; P.L.1-2007,
SEC.173; P.L.134-2008, SEC.29.
IC 25-23-1-12 Requirements for practical nurse applicants; endorsement license;
fees; use of title
Sec. 12. (a) A person who applies to the board for a license to
practice as a licensed practical nurse must:
(1) not have been convicted of:
(A) an act which would constitute a ground for disciplinary
sanction under IC 25-1-9; or
(B) a crime that has a direct bearing on the person's ability
to practice competently;
(2) have completed:
(A) the prescribed curriculum and met the graduation
requirements of a state accredited program of practical
nursing that only accepts students who have a high school
diploma or its equivalent, as determined by the board; or
(B) the prescribed curriculum and graduation requirements
of a nursing education program in a foreign country that is
substantially equivalent to a board approved program as
determined by the board. The board may by rule adopted
under IC 4-22-2 require an applicant under this subsection to
successfully complete an examination approved by the board
to measure the applicant's qualifications and background in
the practice of nursing and proficiency in the English
language; and
(3) be physically and mentally capable of, and professionally
competent to, safely engage in the practice of practical nursing
as determined by the board.
(b) The applicant must pass an examination in such subjects as the
board may determine.
(c) The board may issue by endorsement a license to practice as
a licensed practical nurse to an applicant who has been licensed as a
licensed practical nurse, by examination, under the laws of another
state if the applicant presents proof satisfactory to the board that, at
the time of application for an Indiana license by endorsement, the
applicant possesses credentials and qualifications that are
substantially equivalent to requirements in Indiana for licensure by
examination. The board may specify by rule what shall constitute
substantial equivalence under this subsection.
(d) Each applicant for examination and registration to practice as
a practical nurse shall pay a fee set by the board, a part of which
must be used for the rehabilitation of impaired registered nurses and
impaired licensed practical nurses. Payment of the fees shall be made
by the applicant before the date of examination. The lesser of the
following amounts from fees collected under this subsection shall be
deposited in the impaired nurses account of the state general fund
established by section 34 of this chapter:
(1) Twenty-five percent (25%) of the license application fee per
license applied for under this section.
(2) The cost per license to operate the impaired nurses program,
as determined by the Indiana professional licensing agency.
(e) Any person who holds a license to practice as a licensed
practical nurse in:
(1) Indiana; or
(2) a party state (as defined in IC 25-23.3-2-11);
may use the title "Licensed Practical Nurse" and the abbreviation
"L.P.N.". No other person shall practice or advertise as or assume the
title of licensed practical nurse or use the abbreviation of "L.P.N." or
any other words, letters, signs, or figures to indicate that the person
using them is a licensed practical nurse. (Formerly: Acts 1949, c.159, s.12; Acts 1951, c.34, s.1; Acts 1971,
P.L.376, SEC.11.) As amended by Acts 1981, P.L.222, SEC.164; Acts
1982, P.L.113, SEC.59; P.L.169-1985, SEC.73; P.L.149-1987,
SEC.61; P.L.152-1988, SEC.18; P.L.33-1993, SEC.31;
P.L.181-2002, SEC.7; P.L.1-2007, SEC.174; P.L.134-2008, SEC.30.
IC 25-23-1-13
(Repealed by P.L.169-1985, SEC.97.)
IC 25-23-1-13.1 Midwives
Sec. 13.1. (a) An applicant who desires to practice midwifery
shall present to the board the applicant's license as a registered nurse
and a diploma earned by the applicant from a school of midwifery
approved or licensed by the board or licensing agency for midwives
that is located in any state.
(b) The applicant shall submit to an examination in midwifery
prescribed or administered by the board. If the application and
qualifications are approved by the board, the applicant is entitled to
receive a limited license that allows the applicant to practice
midwifery.
(c) The board shall adopt rules under IC 25-23-1-7:
(1) defining the scope of practice for midwifery; and
(2) for implementing this section. As added by P.L.185-1993, SEC.6.
IC 25-23-1-14
Repealed
(Repealed by P.L.169-1985, SEC.97.)
IC 25-23-1-15
Repealed
(Repealed by P.L.169-1985, SEC.97.)
IC 25-23-1-16
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-23-1-16.1 Expiration of license; renewal; fee
Sec. 16.1. (a) A license to practice as a registered nurse expires on
October 31 in each odd-numbered year. Failure to renew the license
on or before the expiration date will automatically render the license
invalid without any action by the board.
(b) A license to practice as a licensed practical nurse expires on
October 31 in each even-numbered year. Failure to renew the license
on or before the expiration date will automatically render the license
invalid without any action by the board.
(c) The procedures and fee for renewal shall be set by the board.
(d) At the time of license renewal, each registered nurse and each
licensed practical nurse shall pay a renewal fee, a portion of which
shall be for the rehabilitation of impaired registered nurses and
impaired licensed practical nurses. The lesser of the following
amounts from fees collected under this subsection shall be deposited
in the impaired nurses account of the state general fund established
by section 34 of this chapter:
(1) Twenty-five percent (25%) of the license renewal fee per
license renewed under this section.
(2) The cost per license to operate the impaired nurses program,
as determined by the Indiana professional licensing agency.
As added by Acts 1981, P.L.222, SEC.168. Amended by
P.L.169-1985, SEC.74; P.L.149-1987, SEC.62; P.L.127-1994,
SEC.2; P.L.181-2002, SEC.8; P.L.1-2006, SEC.451; P.L.134-2008,
SEC.31.
IC 25-23-1-17 Receipts; use and disposition
Sec. 17. All moneys received shall be deposited with the treasurer
of state at the end of each month and be placed by him in the general
fund of the state. The expenses of said board shall be paid from the
general fund upon appropriation being made therefrom in the manner
provided for the making of such appropriations. (Formerly: Acts 1949, c.159, s.17.) As amended by Acts 1981,
P.L.222, SEC.169.
IC 25-23-1-18 Failure to renew license; reinstatement; fee
Sec. 18. (a) Any person who fails to renew a license before it
expires shall be reinstated by the board upon meeting the
requirements under IC 25-1-8-6.
(b) A person who fails to apply to reinstate a license under this
section within three (3) years after the date it expires may be issued
a license by the board if the person meets the requirements under
IC 25-1-8-6. (Formerly: Acts 1949, c.159, s.18; Acts 1951, c.34, s.4; Acts 1971,
P.L.376, SEC.15; Acts 1975, P.L.272, SEC.4.) As amended by Acts
1981, P.L.222, SEC.170; P.L.169-1985, SEC.75; P.L.48-1991,
SEC.40; P.L.33-1993, SEC.32; P.L.269-2001, SEC.17.
IC 25-23-1-19
Repealed
(Repealed by P.L.149-1987, SEC.120.)
IC 25-23-1-19.4 Advanced practice nurses; collaboration with licensed practitioner
Sec. 19.4. (a) As used in this section, "practitioner" has the
meaning set forth in IC 16-42-19-5. However, the term does not
include the following:
(1) A veterinarian.
(2) An advanced practice nurse.
(3) A physician assistant.
(b) An advanced practice nurse shall operate in collaboration with
a licensed practitioner as evidenced by a practice agreement, or by
privileges granted by the governing board of a hospital licensed
under IC 16-21 with the advice of the medical staff of the hospital
that sets forth the manner in which an advanced practice nurse and
a licensed practitioner will cooperate, coordinate, and consult with
each other in the provision of health care to their patients. As added by P.L.185-1993, SEC.7. Amended by P.L.105-2008,
SEC.43. IC 25-23-1-19.5 Advanced practice nurses; authority to prescribe legend drugs
Sec. 19.5. (a) The board shall establish a program under which
advanced practice nurses who meet the requirements established by
the board are authorized to prescribe legend drugs, including
controlled substances (as defined in IC 35-48-1).
(b) The authority granted by the board under this section:
(1) expires on October 31 of the odd-numbered year following
the year the authority was granted or renewed; and
(2) is subject to renewal indefinitely for successive periods of
two (2) years.
(c) The rules adopted under section 7 of this chapter concerning
the authority of advanced practice nurses to prescribe legend drugs
must do the following:
(1) Require an advanced practice nurse or a prospective
advanced practice nurse who seeks the authority to submit an
application to the board.
(2) Require, as a prerequisite to the initial granting of the
authority, the successful completion by the applicant of a
graduate level course in pharmacology providing at least two
(2) semester hours of academic credit.
(3) Require, as a condition of the renewal of the authority, the
completion by the advanced practice nurse of the continuing
education requirements set out in section 19.7 of this chapter. As added by P.L.185-1993, SEC.8. Amended by P.L.83-2000, SEC.1.
IC 25-23-1-19.6 Advanced practice nurses; prescriptions; identification numbers
Sec. 19.6. (a) When the board grants authority to an advanced
practice nurse to prescribe legend drugs under this chapter, the board
shall assign an identification number to the advanced practice nurse.
(b) An advanced practice nurse who is granted authority by the
board to prescribe legend drugs must do the following:
(1) Enter on each prescription form that the advanced practice
nurse uses to prescribe a legend drug:
(A) the signature of the advanced practice nurse;
(B) initials indicating the credentials awarded to the
advanced practice nurse under this chapter; and
(C) the identification number assigned to the advanced
practice nurse under subsection (a).
(2) Comply with all applicable state and federal laws
concerning prescriptions for legend drugs.
(c) An advanced practice nurse may be granted authority to
prescribe legend drugs under this chapter only within the scope of
practice of the advanced practice nurse and the scope of the licensed
collaborating health practitioner. As added by P.L.185-1993, SEC.9.
IC 25-23-1-19.7 Renewal of prescriptive authority
Sec. 19.7. (a) This subsection applies to an applicant for renewal
who has never received a renewal of prescriptive authority under
section 19.5 of this chapter and whose prescriptive authority has
never lapsed. If the applicant was initially granted prescriptive
authority:
(1) less than twelve (12) months before the expiration date of
the prescriptive authority, no continuing education is required;
or
(2) at least twelve (12) months before the expiration date of the
prescriptive authority, the applicant shall, subject to
IC 25-1-4-3, attest to the board that the applicant has
successfully completed at least fifteen (15) contact hours of
continuing education. The hours must:
(A) be completed after the prescriptive authority was granted
and before the expiration of the prescriptive authority;
(B) include at least four (4) contact hours of pharmacology;
and
(C) be approved by a nationally approved sponsor of
continuing education for nurses, approved by the board, and
listed by the Indiana professional licensing agency as
approved hours.
(b) This subsection applies to an applicant for renewal of
prescriptive authority under section 19.5 of this chapter who is not
described in subsection (a). The applicant shall, subject to
IC 25-1-4-3, attest to the board that the applicant has successfully
completed at least thirty (30) contact hours of continuing education.
The hours must:
(1) be completed within the two (2) years immediately
preceding the renewal;
(2) include at least eight (8) contact hours of pharmacology; and
(3) be approved by a nationally approved sponsor of continuing
education for nurses, be approved by the board, and be listed by
the Indiana professional licensing agency as approved hours. As added by P.L.83-2000, SEC.2. Amended by P.L.269-2001,
SEC.18; P.L.1-2006, SEC.452.
IC 25-23-1-19.8 Audit; procedure; provide information to board; order to show
cause; hearing; divulging records to professional licensing agency;
immunity from liability
Sec. 19.8. (a) Before December 31 of an even-numbered year, the
Indiana professional licensing agency or the agency's designee shall
randomly audit at least one percent (1%) but not more than ten
percent (10%) of the practice agreements of advanced practice nurses
with authority to prescribe legend drugs under section 19.5 of this
chapter to determine whether the practice agreement meets the
requirements of this chapter or rules adopted by the board.
(b) The Indiana professional licensing agency shall establish an
audit procedure, which may include the following:
(1) Requiring the advanced practice nurse to provide the agency
with a copy of verification of attendance at or completion of a
continuing education course or program the advanced practice
nurse attended during the previous two (2) years.
(2) Requiring the advanced practice nurse and the licensed
practitioner who have entered into a practice agreement to
submit information on a form prescribed by the agency that
must include a sworn statement signed by the advanced practice
nurse and the licensed practitioner that the parties are operating
within the terms of the practice agreement and the requirements
under this chapter or rules adopted by the board.
(3) Reviewing patient health records and other patient
information at the practice location or by requiring the
submission of accurate copies to determine if the parties are
operating within the terms of the practice agreement and the
requirements under this chapter or rules adopted by the board.
(4) After a reasonable determination that the advanced practice
nurse and the licensed practitioner who have entered into a
practice agreement are not operating within the terms of the
practice agreement, requiring the parties to appear before the
agency or the agency's designee to provide evidence of
compliance with the practice agreement.
(c) Not more than sixty (60) days after the completion of the audit
required in subsection (a), the Indiana professional licensing agency
shall provide the board with the following:
(1) A summary of the information obtained in the audit.
(2) A statement regarding whether an advanced practice nurse
and a licensed practitioner who have entered into a practice
agreement that is audited under subsection (a) are operating
within the terms of the practice agreement.
The agency shall also provide a copy of the information described in
this subsection to the board that regulates the licensed practitioner.
(d) The Indiana professional licensing agency may cause to be
served upon the advanced practice nurse an order to show cause to
the board as to why the board should not impose disciplinary
sanctions under IC 25-1-9-9 on the advanced practice nurse for the
advanced practice nurse's failure to comply with:
(1) an audit conducted under this section; or
(2) the requirements of a practice agreement under this chapter.
(e) Except for a violation concerning continuing education
requirements under IC 25-1-4, the board shall hold a hearing in
accordance with IC 4-21.5 and state the date, time, and location of
the hearing in the order served under subsection (d).
(f) The board that regulates the licensed practitioner may cause to
be served upon the licensed practitioner an order to show cause to the
board as to why the board should not impose disciplinary sanctions
under IC 25-1-9-9 on the licensed practitioner for the licensed
practitioner's failure to comply with:
(1) an audit conducted under this section; or
(2) the requirements of a practice agreement under this chapter.
(g) The board that regulates the licensed practitioner shall hold a
hearing in accordance with IC 4-21.5 and state the date, time, and
location of the hearing in the order served under subsection (f).
(h) An order to show cause issued under this section must comply
with the notice requirements of IC 4-21.5.
(i) The licensed practitioner may divulge health records and other
patient information to the Indiana professional licensing agency or
the agency's designee. The licensed practitioner is immune from civil
liability for any action based upon release of the patient information
under this section. As added by P.L.158-2003, SEC.7. Amended by P.L.1-2006,
SEC.453; P.L.157-2006, SEC.62.
IC 25-23-1-20 Application for nursing education program; employment of
registered nurses
Sec. 20. (a) Any institution which desires to conduct a nursing
education program shall apply to the board and submit evidence that:
(1) it is prepared to give a minimum curriculum of organized
instruction and clinical experience in nursing in conformity to
the provisions of this chapter and the rules of the board. Such
instruction and experience may be secured in one (1) or more
institutions or agencies approved by the board; and
(2) it is prepared to meet other standards established by this
chapter and by the board.
(b) An institution that conducts a nursing education program may
employ a person who:
(1) is a registered nurse with a bachelor's degree in nursing; and
(2) has at least three (3) years of experience in nursing in the
previous six (6) years;
to instruct nursing students on a part-time basis for the purpose of
clinical instruction. (Formerly: Acts 1949, c.159, s.20; Acts 1951, c.34, s.6.) As amended
by Acts 1982, P.L.154, SEC.81; P.L.149-1987, SEC.63;
P.L.177-2009, SEC.43.
IC 25-23-1-21 Survey of board; approval; surveys of accredited schools
Sec. 21. (a) A survey of the institution or institutions of which the
nursing education program is a part and of institutions affiliating
with the nursing education program shall be made by the a
designated representative of the board. The surveyor shall submit a
written report of the survey to the board. If, in the opinion of the
board, the requirements for an accredited school of nursing are met,
it shall approve the school as an accredited school of nursing.
(b) From time to time as considered necessary by the board, it
shall be the duty of the board, through a designated representative of
the board, to survey all nursing education programs in the state.
Written reports of such surveys shall be submitted to the board. If the
board determines that any accredited nursing education program is
not maintaining the standards required by the statutes and by the
board, notice in writing specifying the defect or defects shall be
immediately given to the nursing education program. A nursing
education program which fails to correct these conditions to the
satisfaction of the board within a reasonable time shall be removed
from the list of accredited nursing education programs.
(c) The board may elect to utilize a nursing education program's
accreditation by a national accrediting body approved by the board
and the Council on Postsecondary Accreditation (COPA) as evidence
that the program has met all or part of the required state standards
and prescribed curricula for continuing accreditation of nursing
education programs. (Formerly: Acts 1949, c.159, s.21.) As amended by Acts 1981,
P.L.222, SEC.172; P.L.149-1987, SEC.64.
IC 25-23-1-22
Repealed
(Repealed by P.L.149-1987, SEC.120.)
IC 25-23-1-23
Repealed
(Repealed by P.L.149-1987, SEC.120.)
IC 25-23-1-24
Repealed
(Repealed by P.L.169-1985, SEC.97.)
IC 25-23-1-25
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-23-1-25.1
Repealed
(Repealed by P.L.152-1988, SEC.30.)
IC 25-23-1-26 Duty of attorney general
Sec. 26. It shall be the duty of the attorney-general to represent the
board in any court in which an action may be filed for the review of
an order of the board. The attorney-general may, at his discretion,
call to his assistance in such action, the prosecuting attorney of the
county in which such action is filed. (Formerly: Acts 1949, c.159, s.26.)
IC 25-23-1-27 Violations; penalty
Sec. 27. A person who:
(1) sells or fraudulently obtains or furnishes any nursing
diploma, license or record;
(2) practices nursing under cover of any diploma or license or
record illegally or fraudulently obtained or assigned or issued
unlawfully or under fraudulent representation;
(3) practices nursing as a registered nurse or licensed practical
nurse unless licensed to do so under this chapter or IC 25-23.3;
(4) uses in connection with the person's name any designation
tending to imply that the person is a registered nurse or a
licensed practical nurse unless licensed to practice under this
chapter or IC 25-23.3;
(5) practices nursing during the time the person's license issued
under this chapter or IC 25-23.3 is suspended or revoked;
(6) conducts a school of nursing or a program for the training of
practical nurses unless the school or program has been
accredited by the board; or
(7) otherwise violates this chapter;
commits a Class B misdemeanor. (Formerly: Acts 1949, c.159, s.27; Acts 1974, P.L.119, SEC.4.) As
amended by Acts 1978, P.L.2, SEC.2543; Acts 1981, P.L.222,
SEC.175; P.L.181-2002, SEC.9; P.L.1-2007, SEC.175;
P.L.134-2008, SEC.32.
IC 25-23-1-27.1 Limitations on application of chapter; "licensed health
professional" defined
Sec. 27.1. (a) As used in this section, "licensed health
professional" means:
(1) a registered nurse;
(2) a licensed practical nurse;
(3) a physician with an unlimited license to practice medicine
or osteopathic medicine;
(4) a licensed dentist;
(5) a licensed chiropractor;
(6) a licensed optometrist;
(7) a licensed pharmacist;
(8) a licensed physical therapist;
(9) a licensed psychologist;
(10) a licensed podiatrist; or
(11) a licensed speech-language pathologist or audiologist.
(b) This chapter does not prohibit:
(1) furnishing nursing assistance in an emergency;
(2) the practice of nursing by any student enrolled in a board
approved nursing education program where such practice is
incidental to the student's program of study;
(3) the practice of any nurse who is employed by the
government of the United States or any of its bureaus, divisions,
or agencies while in the discharge of the nurse's official duties;
(4) the gratuitous care of sick, injured, or infirm individuals by
friends or the family of that individual;
(5) the care of the sick, injured, or infirm in the home for
compensation if the person assists only:
(A) with personal care;
(B) in the administration of a domestic or family remedy; or
(C) in the administration of a remedy that is ordered by a
licensed health professional and that is within the scope of
practice of the licensed health professional under Indiana
law;
(6) performance of tasks by persons who provide health care
services which are delegated or ordered by licensed health
professionals, if the delegated or ordered tasks do not exceed
the scope of practice of the licensed health professionals under
Indiana law;
(7) a physician with an unlimited license to practice medicine
or osteopathic medicine in Indiana, a licensed dentist,
chiropractor, dental hygienist, optometrist, pharmacist, physical
therapist, podiatrist, psychologist, speech-language pathologist,
or audiologist from practicing the person's profession;
(8) a school corporation or school employee from acting under
IC 34-30-14;
(9) a personal services attendant from providing authorized
attendant care services under IC 12-10-17.1; or
(10) an attendant who provides attendant care services (as
defined in IC 16-18-2-28.5). As added by Acts 1981, P.L.222, SEC.176. Amended by
P.L.169-1985, SEC.78; P.L.149-1987, SEC.66; P.L.156-1988,
SEC.2; P.L.255-2001, SEC.18; P.L.212-2005, SEC.21;
P.L.141-2006, SEC.107.
IC 25-23-1-27.2 Injunction from continuing violation of chapter; punishment
Sec. 27.2. The attorney general, the board, the prosecuting
attorney, or any citizen of any county in which a person violates this
article may maintain an action in the name of the state to enjoin the
person from continuing in violation of this article. A person who is
enjoined and who violates an injunction shall be punished for
contempt of court. An injunction issued under this section does not
relieve a person from criminal prosecution but is in addition to any
remedy provided under criminal law. As added by P.L.149-1987, SEC.67.
IC 25-23-1-27.5
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-23-1-28
Repealed
(Repealed by P.L.134-2008, SEC.52.)
IC 25-23-1-29 Practitioners of Church of Christ Scientist
Sec. 29. (a) This chapter does not apply to a nurse practicing in
accordance with the practice and principles of the body known as the
Church of Christ Scientist.
(b) A sanitarium, nursing home, or rest home provided that it is
listed and certified by the Commission for Accreditation of Christian
Science Nursing Organizations/Facilities, Inc. does not have to
comply with any rule adopted by the board, except a rule that
concerns the following:
(1) The sanitary and safe conditions of the premises.
(2) The cleanliness of operation.
(3) The physical equipment.
(c) The chapter does not apply to a person if:
(1) the person is licensed as a nurse in another jurisdiction;
(2) the person is employed by an individual, an agency, or a
legal business entity located in that jurisdiction;
(3) the person's employment responsibilities include
transporting a patient between jurisdictions;
(4) no trip made by the person into Indiana for the purpose of
transporting a patient lasts more than seventy-two (72) hours;
and
(5) the person does not make more than six (6) trips into Indiana
for the purpose of transporting a patient during any twelve (12)
month period. As added by P.L.187-1991, SEC.1. Amended by P.L.1-1992,
SEC.132; P.L.185-1993, SEC.10; P.L.111-1996, SEC.3.
IC 25-23-1-30 Administration of anesthesia by certified registered nurse
anesthetist
Sec. 30. (a) A certified registered nurse anesthetist may administer
anesthesia if the certified registered nurse anesthetist acts under the
direction of and in the immediate presence of a physician.
(b) Nothing in this chapter shall be construed as requiring a
certified registered nurse anesthetist to obtain prescriptive authority
to administer anesthesia under subsection (a). As added by P.L.185-1993, SEC.11. Amended by P.L.177-2009,
SEC.44.
IC 25-23-1-31 Rehabilitation of impaired registered nurse or licensed practical
nurse; use of information after noncompliance
Sec. 31. (a) As used in this section, "impaired registered nurse or
licensed practical nurse" means a registered nurse or licensed
practical nurse who has been affected by the use or abuse of alcohol
or other drugs.
(b) The board shall assist in the rehabilitation of an impaired
registered nurse or licensed practical nurse.
(c) The board may do the following:
(1) Enter into agreements, provide grants, and make other
arrangements with statewide nonprofit professional
associations, foundations, or other entities specifically devoted
to the rehabilitation of impaired health care professionals to
identify and assist impaired registered nurses and licensed
practical nurses.
(2) Accept and designate grants, public and private financial
assistance, and licensure fees to fund programs under
subdivision (1) to assist impaired registered nurses and licensed
practical nurses.
(d) Except as provided in subsection (f), all:
(1) information furnished to a nonprofit professional
association, foundation, or other entity specifically devoted to
the rehabilitation of impaired health care professionals,
including interviews, reports, statements, and memoranda; and
(2) findings, conclusions, or recommendations that result from
a proceeding of the professional association, foundation, or
other entity specifically devoted to the rehabilitation of
impaired health care professionals;
are privileged and confidential.
(e) The records of a proceeding under subsection (d) may be used
only in the exercise of proper functions of the board, and may not
become public records or subject to a subpoena or discovery
proceeding.
(f) Information received by the board from the board designated
rehabilitation program for noncompliance by the registered nurse or
licensed practical nurse may be used by the board in any disciplinary
or criminal proceedings instituted against the impaired registered
nurse or licensed practical nurse.
(g) The board designated rehabilitation program shall:
(1) immediately report to the board the name and results of any
contact or investigation concerning an impaired registered nurse
or licensed practical nurse who the program believes constitutes
a certain, immediate, and impending danger to either the public
or the impaired registered nurse or licensed practical nurse; and
(2) in a timely fashion report to the board an impaired registered
nurse or licensed practical nurse:
(A) who refuses to cooperate with the program;
(B) who refuses to submit to treatment; or
(C) whose
IC 25-23-1
Chapter 1. Licensing of Nurses; Creation of Board; Education
Programs
IC 25-23-1-1 Definitions
Sec. 1. As used in this chapter:
(a) "Board" means the Indiana state board of nursing.
(b) "Advanced practice nurse" means:
(1) a nurse practitioner;
(2) a nurse midwife; or
(3) a clinical nurse specialist;
who is a registered nurse qualified to practice nursing in a specialty
role based upon the additional knowledge and skill gained through
a formal organized program of study and clinical experience, or the
equivalent as determined by the board, which does not limit but
extends or expands the function of the nurse which may be initiated
by the client or provider in settings that shall include hospital
outpatient clinics and health maintenance organizations.
(c) "Human response" means those signs, symptoms, behaviors,
and processes that denote the individual's interaction with the
environment. (Formerly: Acts 1949, c.159, s.1; Acts 1971, P.L.376, SEC.1; Acts
1974, P.L.119, SEC.1.) As amended by Acts 1981, P.L.228, SEC.1;
P.L.169-1985, SEC.63; P.L.185-1993, SEC.2.
IC 25-23-1-1.1 Additional definitions
Sec. 1.1. (a) As used in this chapter, "registered nurse" means a
person who holds a valid license issued:
(1) under this chapter; or
(2) by a party state (as defined in IC 25-23.3-2-11); and
who bears primary responsibility and accountability for nursing
practices based on specialized knowledge, judgment, and skill
derived from the principles of biological, physical, and behavioral
sciences.
(b) As used in this chapter, "registered nursing" means
performance of services which include but are not limited to:
(1) assessing health conditions;
(2) deriving a nursing diagnosis;
(3) executing a nursing regimen through the selection,
performance, and management of nursing actions based on
nursing diagnoses;
(4) advocating the provision of health care services through
collaboration with or referral to other health professionals;
(5) executing regimens delegated by a physician with an
unlimited license to practice medicine or osteopathic medicine,
a licensed dentist, a licensed chiropractor, a licensed
optometrist, or a licensed podiatrist;
(6) teaching, administering, supervising, delegating, and
evaluating nursing practice;
(7) delegating tasks which assist in implementing the nursing,
medical, or dental regimen; or
(8) performing acts which are approved by the board or by the
board in collaboration with the medical licensing board of
Indiana.
(c) As used in this chapter, "assessing health conditions" means
the collection of data through means such as interviews, observation,
and inspection for the purpose of:
(1) deriving a nursing diagnosis;
(2) identifying the need for additional data collection by nursing
personnel; and
(3) identifying the need for additional data collection by other
health professionals.
(d) As used in this chapter, "nursing regimen" means preventive,
restorative, maintenance, and promotion activities which include
meeting or assisting with self-care needs, counseling, and teaching.
(e) As used in this chapter, "nursing diagnosis" means the
identification of needs which are amenable to nursing regimen. As added by Acts 1981, P.L.222, SEC.158. Amended by
P.L.169-1985, SEC.64; P.L.181-2002, SEC.3; P.L.1-2007, SEC.170;
P.L.134-2008, SEC.26.
IC 25-23-1-1.2 "Licensed practical nurse" defined
Sec. 1.2. As used in this chapter, "licensed practical nurse" means
a person who holds a valid license issued under this chapter or by a
party state (as defined in IC 25-23.3-2-11) and who functions at the
direction of:
(1) a registered nurse;
(2) a physician with an unlimited license to practice medicine
or osteopathic medicine;
(3) a licensed dentist;
(4) a licensed chiropractor;
(5) a licensed optometrist; or
(6) a licensed podiatrist;
in the performance of activities commonly performed by practical
nurses and requiring special knowledge or skill. As added by P.L.169-1985, SEC.65. Amended by P.L.181-2002,
SEC.4; P.L.1-2007, SEC.171; P.L.134-2008, SEC.27.
IC 25-23-1-1.3 "Practical nursing" defined
Sec. 1.3. As used in this chapter, "practical nursing" means the
performance of services commonly performed by practical nurses,
including:
(1) contributing to the assessment of the health status of
individuals or groups;
(2) participating in the development and modification of the
strategy of care;
(3) implementing the appropriate aspects of the strategy of care;
(4) maintaining safe and effective nursing care; and
(5) participating in the evaluation of responses to the strategy of
care. As added by P.L.169-1985, SEC.66.
IC 25-23-1-1.4 "Certified registered nurse anesthetist" defined
Sec. 1.4. As used in this chapter, "certified registered nurse
anesthetist" means a registered nurse who:
(1) is a graduate of a nurse anesthesia educational program
accredited by the Council on Accreditation of Nurse Anesthesia
Educational Programs or its predecessor;
(2) is properly certified by successfully completing the
certification examination administered by the Council on
Certification of Nurse Anesthetists or its predecessor; and
(3) is properly certified and in compliance with criteria for
biennial recertification, as defined by the Council on
Recertification of Nurse Anesthetists. As added by P.L.185-1993, SEC.3. Amended by P.L.177-2009,
SEC.42.
IC 25-23-1-2 Indiana state board of nursing; establishment; members; term of
office; vacancies
Sec. 2. (a) There is established the Indiana state board of nursing
consisting of nine (9) members appointed by the governor, each to
serve a term of four (4) years subject to death, resignation, or
removal by the governor.
(b) Six (6) of the board members must be registered nurses who
are committed to advancing and safeguarding the nursing profession
as a whole. Two (2) of the board's members must be licensed
practical nurses. One (1) member of the board, to represent the
general public, must be a resident of this state and not be associated
with nursing in any way other than as a consumer.
(c) Each appointed board member may serve until the member's
successor has been appointed and qualified. Any vacancy occurring
in the membership of the board for any cause shall be filled by
appointment by the governor for the unexpired term. Members of the
board may be appointed for more than one (1) term. However, no
person who has served as a member of the board for more than six
(6) consecutive years may be reappointed. Reappointments of
persons who have served six (6) consecutive years as a member of
the board may be made after three (3) years have elapsed. (Formerly: Acts 1949, c.159, s.2; Acts 1971, P.L.376, SEC.2.) As
amended by Acts 1981, P.L.222, SEC.159; P.L.169-1985, SEC.67;
P.L.185-1993, SEC.4; P.L.158-2003, SEC.4. IC 25-23-1-3 Filling vacancies; removal of board members
Sec. 3. On or before December 1 of each year and at any time
there is a vacancy, the Indiana State Nurses' Association shall
recommend to the Governor a list of qualified registered nurses for
appointment to the Board in the number of not less than twice the
number of registered nurse vacancies to be filled.
On or before December 1 of each year and at any time there is a
vacancy, the Indiana Federation of Licensed Practical Nurses' shall
recommend to the Governor a list of qualified licensed practical
nurses and nurse educators of Practical Nurse Programs for
appointment to the Board in the number of not less than twice the
number of vacancies to be filled. The Governor may remove any
member from the Board for neglect of any duty required by law or
for incompetency or unprofessional or dishonorable conduct. (Formerly: Acts 1949, c.159, s.3; Acts 1971, P.L.376, SEC.3.)
IC 25-23-1-4 Qualifications of members of board; oath
Sec. 4. (a) Each registered nurse member of the board required by
section 2 of this chapter must:
(1) be a citizen of the United States;
(2) be a resident of Indiana;
(3) have:
(A) graduated from an accredited educational program for
the preparation of practitioners of professional nursing;
(B) been licensed as a registered nurse in Indiana;
(C) had at least five (5) years successful experience since
graduation in administering, teaching, or practicing in an
educational program to prepare practitioners of nursing or in
administering or practicing in nursing service; and
(D) been actively engaged in the activities described in
clause (C) for at least three (3) years immediately preceding
appointment or reappointment; and
(4) be actively engaged in the activities described in subdivision
(3)(C) throughout the member's term of office.
(b) Each licensed practical nurse member of the board required by
section 2 of this chapter must:
(1) be a citizen of the United States;
(2) be a resident of Indiana;
(3) have:
(A) graduated from an accredited educational program for
the preparation of practitioners of practical nursing;
(B) been licensed as a licensed practical nurse in Indiana;
(C) had at least five (5) years successful experience as a
practitioner of practical nursing since graduation; and
(D) been actively engaged in practical nursing for at least
three (3) years immediately preceding appointment to the
board; and
(4) be actively engaged in practice throughout the member's
term of office.
(c) Before entering upon the discharge of official duties, each
member of the board shall file the constitutional oath of office in the
office of the secretary of state. (Formerly: Acts 1949, c.159, s.4; Acts 1971, P.L.376, SEC.4.) As
amended by P.L.169-1985, SEC.68.
IC 25-23-1-5 Meetings; officers; quorum
Sec. 5. (a) The board shall meet annually. At its first meeting of
the calendar year, it shall elect from the membership a president, a
vice president, and a secretary. It shall hold such other meetings
during the year as may be necessary for the transaction of its
business.
(b) Five (5) members of the board constitute a quorum. An
affirmative vote of a majority of the members appointed to the board
is required for action of the board. (Formerly: Acts 1949, c.159, s.5; Acts 1971, P.L.376, SEC.5.) As
amended by Acts 1981, P.L.222, SEC.160; P.L.169-1985, SEC.69;
P.L.149-1987, SEC.56; P.L.158-2003, SEC.5.
IC 25-23-1-6
Repealed
(Repealed by P.L.169-1985, SEC.97.)
IC 25-23-1-7 Powers and duties of board
Sec. 7. (a) The board shall do the following:
(1) Adopt under IC 4-22-2 rules necessary to enable it to carry
into effect this chapter.
(2) Prescribe standards and approve curricula for nursing
education programs preparing persons for licensure under this
chapter.
(3) Provide for surveys of such programs at such times as it
considers necessary.
(4) Accredit such programs as meet the requirements of this
chapter and of the board.
(5) Deny or withdraw accreditation from nursing education
programs for failure to meet prescribed curricula or other
standards.
(6) Examine, license, and renew the license of qualified
applicants.
(7) Issue subpoenas, compel the attendance of witnesses, and
administer oaths to persons giving testimony at hearings.
(8) Cause the prosecution of all persons violating this chapter
and have power to incur necessary expenses for these
prosecutions.
(9) Adopt rules under IC 4-22-2 that do the following:
(A) Prescribe standards for the competent practice of
registered, practical, and advanced practice nursing.
(B) Establish with the approval of the medical licensing
board created by IC 25-22.5-2-1 requirements that advanced
practice nurses must meet to be granted authority to
prescribe legend drugs and to retain that authority.
(C) Establish, with the approval of the medical licensing
board created by IC 25-22.5-2-1, requirements for the
renewal of a practice agreement under section 19.4 of this
chapter, which shall expire on October 31 in each
odd-numbered year.
(10) Keep a record of all its proceedings.
(11) Collect and distribute annually demographic information
on the number and type of registered nurses and licensed
practical nurses employed in Indiana.
(12) Adopt rules and administer the interstate nurse licensure
compact under IC 25-23.3.
(b) The board may do the following:
(1) Create ad hoc subcommittees representing the various
nursing specialties and interests of the profession of nursing.
Persons appointed to a subcommittee serve for terms as
determined by the board.
(2) Utilize the appropriate subcommittees so as to assist the
board with its responsibilities. The assistance provided by the
subcommittees may include the following:
(A) Recommendation of rules necessary to carry out the
duties of the board.
(B) Recommendations concerning educational programs and
requirements.
(C) Recommendations regarding examinations and licensure
of applicants.
(3) Appoint nurses to serve on each of the ad hoc
subcommittees.
(4) Withdraw from the interstate nurse licensure compact under
IC 25-23.2 (repealed).
(5) If requested by the nonprofit corporation formed under
IC 12-31-1-3, provide assistance to the public umbilical cord
blood bank and umbilical cord blood donation initiative.
(c) Nurses appointed under subsection (b) must:
(1) be committed to advancing and safeguarding the nursing
profession as a whole; and
(2) represent nurses who practice in the field directly affected
by a subcommittee's actions. (Formerly: Acts 1949, c.159, s.7; Acts 1971, P.L.376, SEC.6.) As
amended by Acts 1977, P.L.172, SEC.29; Acts 1979, P.L.17, SEC.46;
Acts 1981, P.L.222, SEC.161; P.L.169-1985, SEC.70; P.L.149-1987,
SEC.57; P.L.185-1993, SEC.5; P.L.127-1994, SEC.1; P.L.181-2002,
SEC.5; P.L.158-2003, SEC.6; P.L.1-2007, SEC.172; P.L.134-2008,
SEC.28.
IC 25-23-1-7.1 Rules and regulations
Sec. 7.1. The board may adopt rules and regulations applicable to
nurse practitioners. As added by Acts 1981, P.L.228, SEC.2.
IC 25-23-1-8
Repealed
(Repealed by P.L.169-1985, SEC.97.)
IC 25-23-1-9
Repealed
(Repealed by P.L.169-1985, SEC.97.)
IC 25-23-1-10 Compensation of board members
Sec. 10. (a) Each member of the board who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement
for traveling expenses and other expenses actually incurred in
connection with the member's duties, as provided in the state travel
policies and procedures established by the department of
administration and approved by the state budget agency.
(b) Each member of the board who is a state employee but who is
not a member of the general assembly is entitled to reimbursement
for traveling expenses and other expenses actually incurred in
connection with the member's duties, as provided in the state travel
policies and procedures established by the department of
administration and approved by the state budget agency. (Formerly: Acts 1949, c.159, s.10; Acts 1971, P.L.376, SEC.9.) As
amended by P.L.149-1987, SEC.58.
IC 25-23-1-10.5 Temporary permits
Sec. 10.5. (a) The board may issue a temporary permit to practice
as a nurse to a nurse licensed to practice in another state or territory
of the United States, who has applied to the board for licensure by
endorsement and submitted proof of current licensure to the board.
The permit is valid for ninety (90) days after issuance or upon denial
of licensure by the board. The permit may be renewed by the board,
for a period not to exceed ninety (90) days, if, in the determination
of the board, it is not possible to complete the application process in
that time period.
(b) Persons holding a temporary permit to practice as a nurse are
subject to the disciplinary provisions of this chapter and IC 25-1-9.
(c) The board may establish by rule under IC 4-22-2 application
procedures and requirements for the issuance of temporary permits
under this section. As added by P.L.169-1985, SEC.71. Amended by P.L.149-1987,
SEC.59; P.L.152-1988, SEC.16; P.L.48-1991, SEC.38;
P.L.243-1995, SEC.1. IC 25-23-1-11 Requirements for registered nurse applicants; endorsement
license; fees; use of title
Sec. 11. (a) Any person who applies to the board for a license to
practice as a registered nurse must:
(1) not have:
(A) been convicted of a crime that has a direct bearing on the
person's ability to practice competently; or
(B) committed an act that would constitute a ground for a
disciplinary sanction under IC 25-1-9;
(2) have completed:
(A) the prescribed curriculum and met the graduation
requirements of a state accredited program of registered
nursing that only accepts students who have a high school
diploma or its equivalent as determined by the board; or
(B) the prescribed curriculum and graduation requirements
of a nursing education program in a foreign country that is
substantially equivalent to a board approved program as
determined by the board. The board may by rule adopted
under IC 4-22-2 require an applicant under this subsection to
successfully complete an examination approved by the board
to measure the applicant's qualifications and background in
the practice of nursing and proficiency in the English
language; and
(3) be physically and mentally capable of and professionally
competent to safely engage in the practice of nursing as
determined by the board.
The board may not require a person to have a baccalaureate degree
in nursing as a prerequisite for licensure.
(b) The applicant must pass an examination in such subjects as the
board may determine.
(c) The board may issue by endorsement a license to practice as
a registered nurse to an applicant who has been licensed as a
registered nurse, by examination, under the laws of another state if
the applicant presents proof satisfactory to the board that, at the time
that the applicant applies for an Indiana license by endorsement, the
applicant holds a current license in another state and possesses
credentials and qualifications that are substantially equivalent to
requirements in Indiana for licensure by examination. The board may
specify by rule what constitutes substantial equivalence under this
subsection.
(d) The board may issue by endorsement a license to practice as
a registered nurse to an applicant who:
(1) has completed the English version of the:
(A) Canadian Nurse Association Testing Service
Examination (CNAT); or
(B) Canadian Registered Nurse Examination (CRNE);
(2) achieved the passing score required on the examination at
the time the examination was taken;
(3) is currently licensed in a Canadian province or in another
state; and
(4) meets the other requirements under this section.
(e) Each applicant for examination and registration to practice as
a registered nurse shall pay a fee set by the board, a part of which
must be used for the rehabilitation of impaired registered nurses and
impaired licensed practical nurses. Payment of the fee or fees shall
be made by the applicant prior to the date of examination. The lesser
of the following amounts from fees collected under this subsection
shall be deposited in the impaired nurses account of the state general
fund established by section 34 of this chapter:
(1) Twenty-five percent (25%) of the license application fee per
license applied for under this section.
(2) The cost per license to operate the impaired nurses program,
as determined by the Indiana professional licensing agency.
(f) Any person who holds a license to practice as a registered
nurse in:
(1) Indiana; or
(2) a party state (as defined in IC 25-23.3-2-11);
may use the title "Registered Nurse" and the abbreviation "R.N.". No
other person shall practice or advertise as or assume the title of
registered nurse or use the abbreviation of "R.N." or any other words,
letters, signs, or figures to indicate that the person using same is a
registered nurse. (Formerly: Acts 1949, c.159, s.11; Acts 1971, P.L.376, SEC.10; Acts
1974, P.L.119, SEC.3; Acts 1975, P.L.272, SEC.1.) As amended by
Acts 1981, P.L.222, SEC.163; Acts 1982, P.L.113, SEC.58;
P.L.169-1985, SEC.72; P.L.149-1987, SEC.60; P.L.152-1988,
SEC.17; P.L.48-1991, SEC.39; P.L.33-1993, SEC.30; P.L.181-1996,
SEC.1; P.L.236-1999, SEC.1; P.L.181-2002, SEC.6; P.L.1-2007,
SEC.173; P.L.134-2008, SEC.29.
IC 25-23-1-12 Requirements for practical nurse applicants; endorsement license;
fees; use of title
Sec. 12. (a) A person who applies to the board for a license to
practice as a licensed practical nurse must:
(1) not have been convicted of:
(A) an act which would constitute a ground for disciplinary
sanction under IC 25-1-9; or
(B) a crime that has a direct bearing on the person's ability
to practice competently;
(2) have completed:
(A) the prescribed curriculum and met the graduation
requirements of a state accredited program of practical
nursing that only accepts students who have a high school
diploma or its equivalent, as determined by the board; or
(B) the prescribed curriculum and graduation requirements
of a nursing education program in a foreign country that is
substantially equivalent to a board approved program as
determined by the board. The board may by rule adopted
under IC 4-22-2 require an applicant under this subsection to
successfully complete an examination approved by the board
to measure the applicant's qualifications and background in
the practice of nursing and proficiency in the English
language; and
(3) be physically and mentally capable of, and professionally
competent to, safely engage in the practice of practical nursing
as determined by the board.
(b) The applicant must pass an examination in such subjects as the
board may determine.
(c) The board may issue by endorsement a license to practice as
a licensed practical nurse to an applicant who has been licensed as a
licensed practical nurse, by examination, under the laws of another
state if the applicant presents proof satisfactory to the board that, at
the time of application for an Indiana license by endorsement, the
applicant possesses credentials and qualifications that are
substantially equivalent to requirements in Indiana for licensure by
examination. The board may specify by rule what shall constitute
substantial equivalence under this subsection.
(d) Each applicant for examination and registration to practice as
a practical nurse shall pay a fee set by the board, a part of which
must be used for the rehabilitation of impaired registered nurses and
impaired licensed practical nurses. Payment of the fees shall be made
by the applicant before the date of examination. The lesser of the
following amounts from fees collected under this subsection shall be
deposited in the impaired nurses account of the state general fund
established by section 34 of this chapter:
(1) Twenty-five percent (25%) of the license application fee per
license applied for under this section.
(2) The cost per license to operate the impaired nurses program,
as determined by the Indiana professional licensing agency.
(e) Any person who holds a license to practice as a licensed
practical nurse in:
(1) Indiana; or
(2) a party state (as defined in IC 25-23.3-2-11);
may use the title "Licensed Practical Nurse" and the abbreviation
"L.P.N.". No other person shall practice or advertise as or assume the
title of licensed practical nurse or use the abbreviation of "L.P.N." or
any other words, letters, signs, or figures to indicate that the person
using them is a licensed practical nurse. (Formerly: Acts 1949, c.159, s.12; Acts 1951, c.34, s.1; Acts 1971,
P.L.376, SEC.11.) As amended by Acts 1981, P.L.222, SEC.164; Acts
1982, P.L.113, SEC.59; P.L.169-1985, SEC.73; P.L.149-1987,
SEC.61; P.L.152-1988, SEC.18; P.L.33-1993, SEC.31;
P.L.181-2002, SEC.7; P.L.1-2007, SEC.174; P.L.134-2008, SEC.30.
IC 25-23-1-13
(Repealed by P.L.169-1985, SEC.97.)
IC 25-23-1-13.1 Midwives
Sec. 13.1. (a) An applicant who desires to practice midwifery
shall present to the board the applicant's license as a registered nurse
and a diploma earned by the applicant from a school of midwifery
approved or licensed by the board or licensing agency for midwives
that is located in any state.
(b) The applicant shall submit to an examination in midwifery
prescribed or administered by the board. If the application and
qualifications are approved by the board, the applicant is entitled to
receive a limited license that allows the applicant to practice
midwifery.
(c) The board shall adopt rules under IC 25-23-1-7:
(1) defining the scope of practice for midwifery; and
(2) for implementing this section. As added by P.L.185-1993, SEC.6.
IC 25-23-1-14
Repealed
(Repealed by P.L.169-1985, SEC.97.)
IC 25-23-1-15
Repealed
(Repealed by P.L.169-1985, SEC.97.)
IC 25-23-1-16
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-23-1-16.1 Expiration of license; renewal; fee
Sec. 16.1. (a) A license to practice as a registered nurse expires on
October 31 in each odd-numbered year. Failure to renew the license
on or before the expiration date will automatically render the license
invalid without any action by the board.
(b) A license to practice as a licensed practical nurse expires on
October 31 in each even-numbered year. Failure to renew the license
on or before the expiration date will automatically render the license
invalid without any action by the board.
(c) The procedures and fee for renewal shall be set by the board.
(d) At the time of license renewal, each registered nurse and each
licensed practical nurse shall pay a renewal fee, a portion of which
shall be for the rehabilitation of impaired registered nurses and
impaired licensed practical nurses. The lesser of the following
amounts from fees collected under this subsection shall be deposited
in the impaired nurses account of the state general fund established
by section 34 of this chapter:
(1) Twenty-five percent (25%) of the license renewal fee per
license renewed under this section.
(2) The cost per license to operate the impaired nurses program,
as determined by the Indiana professional licensing agency.
As added by Acts 1981, P.L.222, SEC.168. Amended by
P.L.169-1985, SEC.74; P.L.149-1987, SEC.62; P.L.127-1994,
SEC.2; P.L.181-2002, SEC.8; P.L.1-2006, SEC.451; P.L.134-2008,
SEC.31.
IC 25-23-1-17 Receipts; use and disposition
Sec. 17. All moneys received shall be deposited with the treasurer
of state at the end of each month and be placed by him in the general
fund of the state. The expenses of said board shall be paid from the
general fund upon appropriation being made therefrom in the manner
provided for the making of such appropriations. (Formerly: Acts 1949, c.159, s.17.) As amended by Acts 1981,
P.L.222, SEC.169.
IC 25-23-1-18 Failure to renew license; reinstatement; fee
Sec. 18. (a) Any person who fails to renew a license before it
expires shall be reinstated by the board upon meeting the
requirements under IC 25-1-8-6.
(b) A person who fails to apply to reinstate a license under this
section within three (3) years after the date it expires may be issued
a license by the board if the person meets the requirements under
IC 25-1-8-6. (Formerly: Acts 1949, c.159, s.18; Acts 1951, c.34, s.4; Acts 1971,
P.L.376, SEC.15; Acts 1975, P.L.272, SEC.4.) As amended by Acts
1981, P.L.222, SEC.170; P.L.169-1985, SEC.75; P.L.48-1991,
SEC.40; P.L.33-1993, SEC.32; P.L.269-2001, SEC.17.
IC 25-23-1-19
Repealed
(Repealed by P.L.149-1987, SEC.120.)
IC 25-23-1-19.4 Advanced practice nurses; collaboration with licensed practitioner
Sec. 19.4. (a) As used in this section, "practitioner" has the
meaning set forth in IC 16-42-19-5. However, the term does not
include the following:
(1) A veterinarian.
(2) An advanced practice nurse.
(3) A physician assistant.
(b) An advanced practice nurse shall operate in collaboration with
a licensed practitioner as evidenced by a practice agreement, or by
privileges granted by the governing board of a hospital licensed
under IC 16-21 with the advice of the medical staff of the hospital
that sets forth the manner in which an advanced practice nurse and
a licensed practitioner will cooperate, coordinate, and consult with
each other in the provision of health care to their patients. As added by P.L.185-1993, SEC.7. Amended by P.L.105-2008,
SEC.43. IC 25-23-1-19.5 Advanced practice nurses; authority to prescribe legend drugs
Sec. 19.5. (a) The board shall establish a program under which
advanced practice nurses who meet the requirements established by
the board are authorized to prescribe legend drugs, including
controlled substances (as defined in IC 35-48-1).
(b) The authority granted by the board under this section:
(1) expires on October 31 of the odd-numbered year following
the year the authority was granted or renewed; and
(2) is subject to renewal indefinitely for successive periods of
two (2) years.
(c) The rules adopted under section 7 of this chapter concerning
the authority of advanced practice nurses to prescribe legend drugs
must do the following:
(1) Require an advanced practice nurse or a prospective
advanced practice nurse who seeks the authority to submit an
application to the board.
(2) Require, as a prerequisite to the initial granting of the
authority, the successful completion by the applicant of a
graduate level course in pharmacology providing at least two
(2) semester hours of academic credit.
(3) Require, as a condition of the renewal of the authority, the
completion by the advanced practice nurse of the continuing
education requirements set out in section 19.7 of this chapter. As added by P.L.185-1993, SEC.8. Amended by P.L.83-2000, SEC.1.
IC 25-23-1-19.6 Advanced practice nurses; prescriptions; identification numbers
Sec. 19.6. (a) When the board grants authority to an advanced
practice nurse to prescribe legend drugs under this chapter, the board
shall assign an identification number to the advanced practice nurse.
(b) An advanced practice nurse who is granted authority by the
board to prescribe legend drugs must do the following:
(1) Enter on each prescription form that the advanced practice
nurse uses to prescribe a legend drug:
(A) the signature of the advanced practice nurse;
(B) initials indicating the credentials awarded to the
advanced practice nurse under this chapter; and
(C) the identification number assigned to the advanced
practice nurse under subsection (a).
(2) Comply with all applicable state and federal laws
concerning prescriptions for legend drugs.
(c) An advanced practice nurse may be granted authority to
prescribe legend drugs under this chapter only within the scope of
practice of the advanced practice nurse and the scope of the licensed
collaborating health practitioner. As added by P.L.185-1993, SEC.9.
IC 25-23-1-19.7 Renewal of prescriptive authority
Sec. 19.7. (a) This subsection applies to an applicant for renewal
who has never received a renewal of prescriptive authority under
section 19.5 of this chapter and whose prescriptive authority has
never lapsed. If the applicant was initially granted prescriptive
authority:
(1) less than twelve (12) months before the expiration date of
the prescriptive authority, no continuing education is required;
or
(2) at least twelve (12) months before the expiration date of the
prescriptive authority, the applicant shall, subject to
IC 25-1-4-3, attest to the board that the applicant has
successfully completed at least fifteen (15) contact hours of
continuing education. The hours must:
(A) be completed after the prescriptive authority was granted
and before the expiration of the prescriptive authority;
(B) include at least four (4) contact hours of pharmacology;
and
(C) be approved by a nationally approved sponsor of
continuing education for nurses, approved by the board, and
listed by the Indiana professional licensing agency as
approved hours.
(b) This subsection applies to an applicant for renewal of
prescriptive authority under section 19.5 of this chapter who is not
described in subsection (a). The applicant shall, subject to
IC 25-1-4-3, attest to the board that the applicant has successfully
completed at least thirty (30) contact hours of continuing education.
The hours must:
(1) be completed within the two (2) years immediately
preceding the renewal;
(2) include at least eight (8) contact hours of pharmacology; and
(3) be approved by a nationally approved sponsor of continuing
education for nurses, be approved by the board, and be listed by
the Indiana professional licensing agency as approved hours. As added by P.L.83-2000, SEC.2. Amended by P.L.269-2001,
SEC.18; P.L.1-2006, SEC.452.
IC 25-23-1-19.8 Audit; procedure; provide information to board; order to show
cause; hearing; divulging records to professional licensing agency;
immunity from liability
Sec. 19.8. (a) Before December 31 of an even-numbered year, the
Indiana professional licensing agency or the agency's designee shall
randomly audit at least one percent (1%) but not more than ten
percent (10%) of the practice agreements of advanced practice nurses
with authority to prescribe legend drugs under section 19.5 of this
chapter to determine whether the practice agreement meets the
requirements of this chapter or rules adopted by the board.
(b) The Indiana professional licensing agency shall establish an
audit procedure, which may include the following:
(1) Requiring the advanced practice nurse to provide the agency
with a copy of verification of attendance at or completion of a
continuing education course or program the advanced practice
nurse attended during the previous two (2) years.
(2) Requiring the advanced practice nurse and the licensed
practitioner who have entered into a practice agreement to
submit information on a form prescribed by the agency that
must include a sworn statement signed by the advanced practice
nurse and the licensed practitioner that the parties are operating
within the terms of the practice agreement and the requirements
under this chapter or rules adopted by the board.
(3) Reviewing patient health records and other patient
information at the practice location or by requiring the
submission of accurate copies to determine if the parties are
operating within the terms of the practice agreement and the
requirements under this chapter or rules adopted by the board.
(4) After a reasonable determination that the advanced practice
nurse and the licensed practitioner who have entered into a
practice agreement are not operating within the terms of the
practice agreement, requiring the parties to appear before the
agency or the agency's designee to provide evidence of
compliance with the practice agreement.
(c) Not more than sixty (60) days after the completion of the audit
required in subsection (a), the Indiana professional licensing agency
shall provide the board with the following:
(1) A summary of the information obtained in the audit.
(2) A statement regarding whether an advanced practice nurse
and a licensed practitioner who have entered into a practice
agreement that is audited under subsection (a) are operating
within the terms of the practice agreement.
The agency shall also provide a copy of the information described in
this subsection to the board that regulates the licensed practitioner.
(d) The Indiana professional licensing agency may cause to be
served upon the advanced practice nurse an order to show cause to
the board as to why the board should not impose disciplinary
sanctions under IC 25-1-9-9 on the advanced practice nurse for the
advanced practice nurse's failure to comply with:
(1) an audit conducted under this section; or
(2) the requirements of a practice agreement under this chapter.
(e) Except for a violation concerning continuing education
requirements under IC 25-1-4, the board shall hold a hearing in
accordance with IC 4-21.5 and state the date, time, and location of
the hearing in the order served under subsection (d).
(f) The board that regulates the licensed practitioner may cause to
be served upon the licensed practitioner an order to show cause to the
board as to why the board should not impose disciplinary sanctions
under IC 25-1-9-9 on the licensed practitioner for the licensed
practitioner's failure to comply with:
(1) an audit conducted under this section; or
(2) the requirements of a practice agreement under this chapter.
(g) The board that regulates the licensed practitioner shall hold a
hearing in accordance with IC 4-21.5 and state the date, time, and
location of the hearing in the order served under subsection (f).
(h) An order to show cause issued under this section must comply
with the notice requirements of IC 4-21.5.
(i) The licensed practitioner may divulge health records and other
patient information to the Indiana professional licensing agency or
the agency's designee. The licensed practitioner is immune from civil
liability for any action based upon release of the patient information
under this section. As added by P.L.158-2003, SEC.7. Amended by P.L.1-2006,
SEC.453; P.L.157-2006, SEC.62.
IC 25-23-1-20 Application for nursing education program; employment of
registered nurses
Sec. 20. (a) Any institution which desires to conduct a nursing
education program shall apply to the board and submit evidence that:
(1) it is prepared to give a minimum curriculum of organized
instruction and clinical experience in nursing in conformity to
the provisions of this chapter and the rules of the board. Such
instruction and experience may be secured in one (1) or more
institutions or agencies approved by the board; and
(2) it is prepared to meet other standards established by this
chapter and by the board.
(b) An institution that conducts a nursing education program may
employ a person who:
(1) is a registered nurse with a bachelor's degree in nursing; and
(2) has at least three (3) years of experience in nursing in the
previous six (6) years;
to instruct nursing students on a part-time basis for the purpose of
clinical instruction. (Formerly: Acts 1949, c.159, s.20; Acts 1951, c.34, s.6.) As amended
by Acts 1982, P.L.154, SEC.81; P.L.149-1987, SEC.63;
P.L.177-2009, SEC.43.
IC 25-23-1-21 Survey of board; approval; surveys of accredited schools
Sec. 21. (a) A survey of the institution or institutions of which the
nursing education program is a part and of institutions affiliating
with the nursing education program shall be made by the a
designated representative of the board. The surveyor shall submit a
written report of the survey to the board. If, in the opinion of the
board, the requirements for an accredited school of nursing are met,
it shall approve the school as an accredited school of nursing.
(b) From time to time as considered necessary by the board, it
shall be the duty of the board, through a designated representative of
the board, to survey all nursing education programs in the state.
Written reports of such surveys shall be submitted to the board. If the
board determines that any accredited nursing education program is
not maintaining the standards required by the statutes and by the
board, notice in writing specifying the defect or defects shall be
immediately given to the nursing education program. A nursing
education program which fails to correct these conditions to the
satisfaction of the board within a reasonable time shall be removed
from the list of accredited nursing education programs.
(c) The board may elect to utilize a nursing education program's
accreditation by a national accrediting body approved by the board
and the Council on Postsecondary Accreditation (COPA) as evidence
that the program has met all or part of the required state standards
and prescribed curricula for continuing accreditation of nursing
education programs. (Formerly: Acts 1949, c.159, s.21.) As amended by Acts 1981,
P.L.222, SEC.172; P.L.149-1987, SEC.64.
IC 25-23-1-22
Repealed
(Repealed by P.L.149-1987, SEC.120.)
IC 25-23-1-23
Repealed
(Repealed by P.L.149-1987, SEC.120.)
IC 25-23-1-24
Repealed
(Repealed by P.L.169-1985, SEC.97.)
IC 25-23-1-25
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-23-1-25.1
Repealed
(Repealed by P.L.152-1988, SEC.30.)
IC 25-23-1-26 Duty of attorney general
Sec. 26. It shall be the duty of the attorney-general to represent the
board in any court in which an action may be filed for the review of
an order of the board. The attorney-general may, at his discretion,
call to his assistance in such action, the prosecuting attorney of the
county in which such action is filed. (Formerly: Acts 1949, c.159, s.26.)
IC 25-23-1-27 Violations; penalty
Sec. 27. A person who:
(1) sells or fraudulently obtains or furnishes any nursing
diploma, license or record;
(2) practices nursing under cover of any diploma or license or
record illegally or fraudulently obtained or assigned or issued
unlawfully or under fraudulent representation;
(3) practices nursing as a registered nurse or licensed practical
nurse unless licensed to do so under this chapter or IC 25-23.3;
(4) uses in connection with the person's name any designation
tending to imply that the person is a registered nurse or a
licensed practical nurse unless licensed to practice under this
chapter or IC 25-23.3;
(5) practices nursing during the time the person's license issued
under this chapter or IC 25-23.3 is suspended or revoked;
(6) conducts a school of nursing or a program for the training of
practical nurses unless the school or program has been
accredited by the board; or
(7) otherwise violates this chapter;
commits a Class B misdemeanor. (Formerly: Acts 1949, c.159, s.27; Acts 1974, P.L.119, SEC.4.) As
amended by Acts 1978, P.L.2, SEC.2543; Acts 1981, P.L.222,
SEC.175; P.L.181-2002, SEC.9; P.L.1-2007, SEC.175;
P.L.134-2008, SEC.32.
IC 25-23-1-27.1 Limitations on application of chapter; "licensed health
professional" defined
Sec. 27.1. (a) As used in this section, "licensed health
professional" means:
(1) a registered nurse;
(2) a licensed practical nurse;
(3) a physician with an unlimited license to practice medicine
or osteopathic medicine;
(4) a licensed dentist;
(5) a licensed chiropractor;
(6) a licensed optometrist;
(7) a licensed pharmacist;
(8) a licensed physical therapist;
(9) a licensed psychologist;
(10) a licensed podiatrist; or
(11) a licensed speech-language pathologist or audiologist.
(b) This chapter does not prohibit:
(1) furnishing nursing assistance in an emergency;
(2) the practice of nursing by any student enrolled in a board
approved nursing education program where such practice is
incidental to the student's program of study;
(3) the practice of any nurse who is employed by the
government of the United States or any of its bureaus, divisions,
or agencies while in the discharge of the nurse's official duties;
(4) the gratuitous care of sick, injured, or infirm individuals by
friends or the family of that individual;
(5) the care of the sick, injured, or infirm in the home for
compensation if the person assists only:
(A) with personal care;
(B) in the administration of a domestic or family remedy; or
(C) in the administration of a remedy that is ordered by a
licensed health professional and that is within the scope of
practice of the licensed health professional under Indiana
law;
(6) performance of tasks by persons who provide health care
services which are delegated or ordered by licensed health
professionals, if the delegated or ordered tasks do not exceed
the scope of practice of the licensed health professionals under
Indiana law;
(7) a physician with an unlimited license to practice medicine
or osteopathic medicine in Indiana, a licensed dentist,
chiropractor, dental hygienist, optometrist, pharmacist, physical
therapist, podiatrist, psychologist, speech-language pathologist,
or audiologist from practicing the person's profession;
(8) a school corporation or school employee from acting under
IC 34-30-14;
(9) a personal services attendant from providing authorized
attendant care services under IC 12-10-17.1; or
(10) an attendant who provides attendant care services (as
defined in IC 16-18-2-28.5). As added by Acts 1981, P.L.222, SEC.176. Amended by
P.L.169-1985, SEC.78; P.L.149-1987, SEC.66; P.L.156-1988,
SEC.2; P.L.255-2001, SEC.18; P.L.212-2005, SEC.21;
P.L.141-2006, SEC.107.
IC 25-23-1-27.2 Injunction from continuing violation of chapter; punishment
Sec. 27.2. The attorney general, the board, the prosecuting
attorney, or any citizen of any county in which a person violates this
article may maintain an action in the name of the state to enjoin the
person from continuing in violation of this article. A person who is
enjoined and who violates an injunction shall be punished for
contempt of court. An injunction issued under this section does not
relieve a person from criminal prosecution but is in addition to any
remedy provided under criminal law. As added by P.L.149-1987, SEC.67.
IC 25-23-1-27.5
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-23-1-28
Repealed
(Repealed by P.L.134-2008, SEC.52.)
IC 25-23-1-29 Practitioners of Church of Christ Scientist
Sec. 29. (a) This chapter does not apply to a nurse practicing in
accordance with the practice and principles of the body known as the
Church of Christ Scientist.
(b) A sanitarium, nursing home, or rest home provided that it is
listed and certified by the Commission for Accreditation of Christian
Science Nursing Organizations/Facilities, Inc. does not have to
comply with any rule adopted by the board, except a rule that
concerns the following:
(1) The sanitary and safe conditions of the premises.
(2) The cleanliness of operation.
(3) The physical equipment.
(c) The chapter does not apply to a person if:
(1) the person is licensed as a nurse in another jurisdiction;
(2) the person is employed by an individual, an agency, or a
legal business entity located in that jurisdiction;
(3) the person's employment responsibilities include
transporting a patient between jurisdictions;
(4) no trip made by the person into Indiana for the purpose of
transporting a patient lasts more than seventy-two (72) hours;
and
(5) the person does not make more than six (6) trips into Indiana
for the purpose of transporting a patient during any twelve (12)
month period. As added by P.L.187-1991, SEC.1. Amended by P.L.1-1992,
SEC.132; P.L.185-1993, SEC.10; P.L.111-1996, SEC.3.
IC 25-23-1-30 Administration of anesthesia by certified registered nurse
anesthetist
Sec. 30. (a) A certified registered nurse anesthetist may administer
anesthesia if the certified registered nurse anesthetist acts under the
direction of and in the immediate presence of a physician.
(b) Nothing in this chapter shall be construed as requiring a
certified registered nurse anesthetist to obtain prescriptive authority
to administer anesthesia under subsection (a). As added by P.L.185-1993, SEC.11. Amended by P.L.177-2009,
SEC.44.
IC 25-23-1-31 Rehabilitation of impaired registered nurse or licensed practical
nurse; use of information after noncompliance
Sec. 31. (a) As used in this section, "impaired registered nurse or
licensed practical nurse" means a registered nurse or licensed
practical nurse who has been affected by the use or abuse of alcohol
or other drugs.
(b) The board shall assist in the rehabilitation of an impaired
registered nurse or licensed practical nurse.
(c) The board may do the following:
(1) Enter into agreements, provide grants, and make other
arrangements with statewide nonprofit professional
associations, foundations, or other entities specifically devoted
to the rehabilitation of impaired health care professionals to
identify and assist impaired registered nurses and licensed
practical nurses.
(2) Accept and designate grants, public and private financial
assistance, and licensure fees to fund programs under
subdivision (1) to assist impaired registered nurses and licensed
practical nurses.
(d) Except as provided in subsection (f), all:
(1) information furnished to a nonprofit professional
association, foundation, or other entity specifically devoted to
the rehabilitation of impaired health care professionals,
including interviews, reports, statements, and memoranda; and
(2) findings, conclusions, or recommendations that result from
a proceeding of the professional association, foundation, or
other entity specifically devoted to the rehabilitation of
impaired health care professionals;
are privileged and confidential.
(e) The records of a proceeding under subsection (d) may be used
only in the exercise of proper functions of the board, and may not
become public records or subject to a subpoena or discovery
proceeding.
(f) Information received by the board from the board designated
rehabilitation program for noncompliance by the registered nurse or
licensed practical nurse may be used by the board in any disciplinary
or criminal proceedings instituted against the impaired registered
nurse or licensed practical nurse.
(g) The board designated rehabilitation program shall:
(1) immediately report to the board the name and results of any
contact or investigation concerning an impaired registered nurse
or licensed practical nurse who the program believes constitutes
a certain, immediate, and impending danger to either the public
or the impaired registered nurse or licensed practical nurse; and
(2) in a timely fashion report to the board an impaired registered
nurse or licensed practical nurse:
(A) who refuses to cooperate with the program;
(B) who refuses to submit to treatment; or
(C) whose
IC 25-23-1
Chapter 1. Licensing of Nurses; Creation of Board; Education
Programs
IC 25-23-1-1 Definitions
Sec. 1. As used in this chapter:
(a) "Board" means the Indiana state board of nursing.
(b) "Advanced practice nurse" means:
(1) a nurse practitioner;
(2) a nurse midwife; or
(3) a clinical nurse specialist;
who is a registered nurse qualified to practice nursing in a specialty
role based upon the additional knowledge and skill gained through
a formal organized program of study and clinical experience, or the
equivalent as determined by the board, which does not limit but
extends or expands the function of the nurse which may be initiated
by the client or provider in settings that shall include hospital
outpatient clinics and health maintenance organizations.
(c) "Human response" means those signs, symptoms, behaviors,
and processes that denote the individual's interaction with the
environment. (Formerly: Acts 1949, c.159, s.1; Acts 1971, P.L.376, SEC.1; Acts
1974, P.L.119, SEC.1.) As amended by Acts 1981, P.L.228, SEC.1;
P.L.169-1985, SEC.63; P.L.185-1993, SEC.2.
IC 25-23-1-1.1 Additional definitions
Sec. 1.1. (a) As used in this chapter, "registered nurse" means a
person who holds a valid license issued:
(1) under this chapter; or
(2) by a party state (as defined in IC 25-23.3-2-11); and
who bears primary responsibility and accountability for nursing
practices based on specialized knowledge, judgment, and skill
derived from the principles of biological, physical, and behavioral
sciences.
(b) As used in this chapter, "registered nursing" means
performance of services which include but are not limited to:
(1) assessing health conditions;
(2) deriving a nursing diagnosis;
(3) executing a nursing regimen through the selection,
performance, and management of nursing actions based on
nursing diagnoses;
(4) advocating the provision of health care services through
collaboration with or referral to other health professionals;
(5) executing regimens delegated by a physician with an
unlimited license to practice medicine or osteopathic medicine,
a licensed dentist, a licensed chiropractor, a licensed
optometrist, or a licensed podiatrist;
(6) teaching, administering, supervising, delegating, and
evaluating nursing practice;
(7) delegating tasks which assist in implementing the nursing,
medical, or dental regimen; or
(8) performing acts which are approved by the board or by the
board in collaboration with the medical licensing board of
Indiana.
(c) As used in this chapter, "assessing health conditions" means
the collection of data through means such as interviews, observation,
and inspection for the purpose of:
(1) deriving a nursing diagnosis;
(2) identifying the need for additional data collection by nursing
personnel; and
(3) identifying the need for additional data collection by other
health professionals.
(d) As used in this chapter, "nursing regimen" means preventive,
restorative, maintenance, and promotion activities which include
meeting or assisting with self-care needs, counseling, and teaching.
(e) As used in this chapter, "nursing diagnosis" means the
identification of needs which are amenable to nursing regimen. As added by Acts 1981, P.L.222, SEC.158. Amended by
P.L.169-1985, SEC.64; P.L.181-2002, SEC.3; P.L.1-2007, SEC.170;
P.L.134-2008, SEC.26.
IC 25-23-1-1.2 "Licensed practical nurse" defined
Sec. 1.2. As used in this chapter, "licensed practical nurse" means
a person who holds a valid license issued under this chapter or by a
party state (as defined in IC 25-23.3-2-11) and who functions at the
direction of:
(1) a registered nurse;
(2) a physician with an unlimited license to practice medicine
or osteopathic medicine;
(3) a licensed dentist;
(4) a licensed chiropractor;
(5) a licensed optometrist; or
(6) a licensed podiatrist;
in the performance of activities commonly performed by practical
nurses and requiring special knowledge or skill. As added by P.L.169-1985, SEC.65. Amended by P.L.181-2002,
SEC.4; P.L.1-2007, SEC.171; P.L.134-2008, SEC.27.
IC 25-23-1-1.3 "Practical nursing" defined
Sec. 1.3. As used in this chapter, "practical nursing" means the
performance of services commonly performed by practical nurses,
including:
(1) contributing to the assessment of the health status of
individuals or groups;
(2) participating in the development and modification of the
strategy of care;
(3) implementing the appropriate aspects of the strategy of care;
(4) maintaining safe and effective nursing care; and
(5) participating in the evaluation of responses to the strategy of
care. As added by P.L.169-1985, SEC.66.
IC 25-23-1-1.4 "Certified registered nurse anesthetist" defined
Sec. 1.4. As used in this chapter, "certified registered nurse
anesthetist" means a registered nurse who:
(1) is a graduate of a nurse anesthesia educational program
accredited by the Council on Accreditation of Nurse Anesthesia
Educational Programs or its predecessor;
(2) is properly certified by successfully completing the
certification examination administered by the Council on
Certification of Nurse Anesthetists or its predecessor; and
(3) is properly certified and in compliance with criteria for
biennial recertification, as defined by the Council on
Recertification of Nurse Anesthetists. As added by P.L.185-1993, SEC.3. Amended by P.L.177-2009,
SEC.42.
IC 25-23-1-2 Indiana state board of nursing; establishment; members; term of
office; vacancies
Sec. 2. (a) There is established the Indiana state board of nursing
consisting of nine (9) members appointed by the governor, each to
serve a term of four (4) years subject to death, resignation, or
removal by the governor.
(b) Six (6) of the board members must be registered nurses who
are committed to advancing and safeguarding the nursing profession
as a whole. Two (2) of the board's members must be licensed
practical nurses. One (1) member of the board, to represent the
general public, must be a resident of this state and not be associated
with nursing in any way other than as a consumer.
(c) Each appointed board member may serve until the member's
successor has been appointed and qualified. Any vacancy occurring
in the membership of the board for any cause shall be filled by
appointment by the governor for the unexpired term. Members of the
board may be appointed for more than one (1) term. However, no
person who has served as a member of the board for more than six
(6) consecutive years may be reappointed. Reappointments of
persons who have served six (6) consecutive years as a member of
the board may be made after three (3) years have elapsed. (Formerly: Acts 1949, c.159, s.2; Acts 1971, P.L.376, SEC.2.) As
amended by Acts 1981, P.L.222, SEC.159; P.L.169-1985, SEC.67;
P.L.185-1993, SEC.4; P.L.158-2003, SEC.4. IC 25-23-1-3 Filling vacancies; removal of board members
Sec. 3. On or before December 1 of each year and at any time
there is a vacancy, the Indiana State Nurses' Association shall
recommend to the Governor a list of qualified registered nurses for
appointment to the Board in the number of not less than twice the
number of registered nurse vacancies to be filled.
On or before December 1 of each year and at any time there is a
vacancy, the Indiana Federation of Licensed Practical Nurses' shall
recommend to the Governor a list of qualified licensed practical
nurses and nurse educators of Practical Nurse Programs for
appointment to the Board in the number of not less than twice the
number of vacancies to be filled. The Governor may remove any
member from the Board for neglect of any duty required by law or
for incompetency or unprofessional or dishonorable conduct. (Formerly: Acts 1949, c.159, s.3; Acts 1971, P.L.376, SEC.3.)
IC 25-23-1-4 Qualifications of members of board; oath
Sec. 4. (a) Each registered nurse member of the board required by
section 2 of this chapter must:
(1) be a citizen of the United States;
(2) be a resident of Indiana;
(3) have:
(A) graduated from an accredited educational program for
the preparation of practitioners of professional nursing;
(B) been licensed as a registered nurse in Indiana;
(C) had at least five (5) years successful experience since
graduation in administering, teaching, or practicing in an
educational program to prepare practitioners of nursing or in
administering or practicing in nursing service; and
(D) been actively engaged in the activities described in
clause (C) for at least three (3) years immediately preceding
appointment or reappointment; and
(4) be actively engaged in the activities described in subdivision
(3)(C) throughout the member's term of office.
(b) Each licensed practical nurse member of the board required by
section 2 of this chapter must:
(1) be a citizen of the United States;
(2) be a resident of Indiana;
(3) have:
(A) graduated from an accredited educational program for
the preparation of practitioners of practical nursing;
(B) been licensed as a licensed practical nurse in Indiana;
(C) had at least five (5) years successful experience as a
practitioner of practical nursing since graduation; and
(D) been actively engaged in practical nursing for at least
three (3) years immediately preceding appointment to the
board; and
(4) be actively engaged in practice throughout the member's
term of office.
(c) Before entering upon the discharge of official duties, each
member of the board shall file the constitutional oath of office in the
office of the secretary of state. (Formerly: Acts 1949, c.159, s.4; Acts 1971, P.L.376, SEC.4.) As
amended by P.L.169-1985, SEC.68.
IC 25-23-1-5 Meetings; officers; quorum
Sec. 5. (a) The board shall meet annually. At its first meeting of
the calendar year, it shall elect from the membership a president, a
vice president, and a secretary. It shall hold such other meetings
during the year as may be necessary for the transaction of its
business.
(b) Five (5) members of the board constitute a quorum. An
affirmative vote of a majority of the members appointed to the board
is required for action of the board. (Formerly: Acts 1949, c.159, s.5; Acts 1971, P.L.376, SEC.5.) As
amended by Acts 1981, P.L.222, SEC.160; P.L.169-1985, SEC.69;
P.L.149-1987, SEC.56; P.L.158-2003, SEC.5.
IC 25-23-1-6
Repealed
(Repealed by P.L.169-1985, SEC.97.)
IC 25-23-1-7 Powers and duties of board
Sec. 7. (a) The board shall do the following:
(1) Adopt under IC 4-22-2 rules necessary to enable it to carry
into effect this chapter.
(2) Prescribe standards and approve curricula for nursing
education programs preparing persons for licensure under this
chapter.
(3) Provide for surveys of such programs at such times as it
considers necessary.
(4) Accredit such programs as meet the requirements of this
chapter and of the board.
(5) Deny or withdraw accreditation from nursing education
programs for failure to meet prescribed curricula or other
standards.
(6) Examine, license, and renew the license of qualified
applicants.
(7) Issue subpoenas, compel the attendance of witnesses, and
administer oaths to persons giving testimony at hearings.
(8) Cause the prosecution of all persons violating this chapter
and have power to incur necessary expenses for these
prosecutions.
(9) Adopt rules under IC 4-22-2 that do the following:
(A) Prescribe standards for the competent practice of
registered, practical, and advanced practice nursing.
(B) Establish with the approval of the medical licensing
board created by IC 25-22.5-2-1 requirements that advanced
practice nurses must meet to be granted authority to
prescribe legend drugs and to retain that authority.
(C) Establish, with the approval of the medical licensing
board created by IC 25-22.5-2-1, requirements for the
renewal of a practice agreement under section 19.4 of this
chapter, which shall expire on October 31 in each
odd-numbered year.
(10) Keep a record of all its proceedings.
(11) Collect and distribute annually demographic information
on the number and type of registered nurses and licensed
practical nurses employed in Indiana.
(12) Adopt rules and administer the interstate nurse licensure
compact under IC 25-23.3.
(b) The board may do the following:
(1) Create ad hoc subcommittees representing the various
nursing specialties and interests of the profession of nursing.
Persons appointed to a subcommittee serve for terms as
determined by the board.
(2) Utilize the appropriate subcommittees so as to assist the
board with its responsibilities. The assistance provided by the
subcommittees may include the following:
(A) Recommendation of rules necessary to carry out the
duties of the board.
(B) Recommendations concerning educational programs and
requirements.
(C) Recommendations regarding examinations and licensure
of applicants.
(3) Appoint nurses to serve on each of the ad hoc
subcommittees.
(4) Withdraw from the interstate nurse licensure compact under
IC 25-23.2 (repealed).
(5) If requested by the nonprofit corporation formed under
IC 12-31-1-3, provide assistance to the public umbilical cord
blood bank and umbilical cord blood donation initiative.
(c) Nurses appointed under subsection (b) must:
(1) be committed to advancing and safeguarding the nursing
profession as a whole; and
(2) represent nurses who practice in the field directly affected
by a subcommittee's actions. (Formerly: Acts 1949, c.159, s.7; Acts 1971, P.L.376, SEC.6.) As
amended by Acts 1977, P.L.172, SEC.29; Acts 1979, P.L.17, SEC.46;
Acts 1981, P.L.222, SEC.161; P.L.169-1985, SEC.70; P.L.149-1987,
SEC.57; P.L.185-1993, SEC.5; P.L.127-1994, SEC.1; P.L.181-2002,
SEC.5; P.L.158-2003, SEC.6; P.L.1-2007, SEC.172; P.L.134-2008,
SEC.28.
IC 25-23-1-7.1 Rules and regulations
Sec. 7.1. The board may adopt rules and regulations applicable to
nurse practitioners. As added by Acts 1981, P.L.228, SEC.2.
IC 25-23-1-8
Repealed
(Repealed by P.L.169-1985, SEC.97.)
IC 25-23-1-9
Repealed
(Repealed by P.L.169-1985, SEC.97.)
IC 25-23-1-10 Compensation of board members
Sec. 10. (a) Each member of the board who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement
for traveling expenses and other expenses actually incurred in
connection with the member's duties, as provided in the state travel
policies and procedures established by the department of
administration and approved by the state budget agency.
(b) Each member of the board who is a state employee but who is
not a member of the general assembly is entitled to reimbursement
for traveling expenses and other expenses actually incurred in
connection with the member's duties, as provided in the state travel
policies and procedures established by the department of
administration and approved by the state budget agency. (Formerly: Acts 1949, c.159, s.10; Acts 1971, P.L.376, SEC.9.) As
amended by P.L.149-1987, SEC.58.
IC 25-23-1-10.5 Temporary permits
Sec. 10.5. (a) The board may issue a temporary permit to practice
as a nurse to a nurse licensed to practice in another state or territory
of the United States, who has applied to the board for licensure by
endorsement and submitted proof of current licensure to the board.
The permit is valid for ninety (90) days after issuance or upon denial
of licensure by the board. The permit may be renewed by the board,
for a period not to exceed ninety (90) days, if, in the determination
of the board, it is not possible to complete the application process in
that time period.
(b) Persons holding a temporary permit to practice as a nurse are
subject to the disciplinary provisions of this chapter and IC 25-1-9.
(c) The board may establish by rule under IC 4-22-2 application
procedures and requirements for the issuance of temporary permits
under this section. As added by P.L.169-1985, SEC.71. Amended by P.L.149-1987,
SEC.59; P.L.152-1988, SEC.16; P.L.48-1991, SEC.38;
P.L.243-1995, SEC.1. IC 25-23-1-11 Requirements for registered nurse applicants; endorsement
license; fees; use of title
Sec. 11. (a) Any person who applies to the board for a license to
practice as a registered nurse must:
(1) not have:
(A) been convicted of a crime that has a direct bearing on the
person's ability to practice competently; or
(B) committed an act that would constitute a ground for a
disciplinary sanction under IC 25-1-9;
(2) have completed:
(A) the prescribed curriculum and met the graduation
requirements of a state accredited program of registered
nursing that only accepts students who have a high school
diploma or its equivalent as determined by the board; or
(B) the prescribed curriculum and graduation requirements
of a nursing education program in a foreign country that is
substantially equivalent to a board approved program as
determined by the board. The board may by rule adopted
under IC 4-22-2 require an applicant under this subsection to
successfully complete an examination approved by the board
to measure the applicant's qualifications and background in
the practice of nursing and proficiency in the English
language; and
(3) be physically and mentally capable of and professionally
competent to safely engage in the practice of nursing as
determined by the board.
The board may not require a person to have a baccalaureate degree
in nursing as a prerequisite for licensure.
(b) The applicant must pass an examination in such subjects as the
board may determine.
(c) The board may issue by endorsement a license to practice as
a registered nurse to an applicant who has been licensed as a
registered nurse, by examination, under the laws of another state if
the applicant presents proof satisfactory to the board that, at the time
that the applicant applies for an Indiana license by endorsement, the
applicant holds a current license in another state and possesses
credentials and qualifications that are substantially equivalent to
requirements in Indiana for licensure by examination. The board may
specify by rule what constitutes substantial equivalence under this
subsection.
(d) The board may issue by endorsement a license to practice as
a registered nurse to an applicant who:
(1) has completed the English version of the:
(A) Canadian Nurse Association Testing Service
Examination (CNAT); or
(B) Canadian Registered Nurse Examination (CRNE);
(2) achieved the passing score required on the examination at
the time the examination was taken;
(3) is currently licensed in a Canadian province or in another
state; and
(4) meets the other requirements under this section.
(e) Each applicant for examination and registration to practice as
a registered nurse shall pay a fee set by the board, a part of which
must be used for the rehabilitation of impaired registered nurses and
impaired licensed practical nurses. Payment of the fee or fees shall
be made by the applicant prior to the date of examination. The lesser
of the following amounts from fees collected under this subsection
shall be deposited in the impaired nurses account of the state general
fund established by section 34 of this chapter:
(1) Twenty-five percent (25%) of the license application fee per
license applied for under this section.
(2) The cost per license to operate the impaired nurses program,
as determined by the Indiana professional licensing agency.
(f) Any person who holds a license to practice as a registered
nurse in:
(1) Indiana; or
(2) a party state (as defined in IC 25-23.3-2-11);
may use the title "Registered Nurse" and the abbreviation "R.N.". No
other person shall practice or advertise as or assume the title of
registered nurse or use the abbreviation of "R.N." or any other words,
letters, signs, or figures to indicate that the person using same is a
registered nurse. (Formerly: Acts 1949, c.159, s.11; Acts 1971, P.L.376, SEC.10; Acts
1974, P.L.119, SEC.3; Acts 1975, P.L.272, SEC.1.) As amended by
Acts 1981, P.L.222, SEC.163; Acts 1982, P.L.113, SEC.58;
P.L.169-1985, SEC.72; P.L.149-1987, SEC.60; P.L.152-1988,
SEC.17; P.L.48-1991, SEC.39; P.L.33-1993, SEC.30; P.L.181-1996,
SEC.1; P.L.236-1999, SEC.1; P.L.181-2002, SEC.6; P.L.1-2007,
SEC.173; P.L.134-2008, SEC.29.
IC 25-23-1-12 Requirements for practical nurse applicants; endorsement license;
fees; use of title
Sec. 12. (a) A person who applies to the board for a license to
practice as a licensed practical nurse must:
(1) not have been convicted of:
(A) an act which would constitute a ground for disciplinary
sanction under IC 25-1-9; or
(B) a crime that has a direct bearing on the person's ability
to practice competently;
(2) have completed:
(A) the prescribed curriculum and met the graduation
requirements of a state accredited program of practical
nursing that only accepts students who have a high school
diploma or its equivalent, as determined by the board; or
(B) the prescribed curriculum and graduation requirements
of a nursing education program in a foreign country that is
substantially equivalent to a board approved program as
determined by the board. The board may by rule adopted
under IC 4-22-2 require an applicant under this subsection to
successfully complete an examination approved by the board
to measure the applicant's qualifications and background in
the practice of nursing and proficiency in the English
language; and
(3) be physically and mentally capable of, and professionally
competent to, safely engage in the practice of practical nursing
as determined by the board.
(b) The applicant must pass an examination in such subjects as the
board may determine.
(c) The board may issue by endorsement a license to practice as
a licensed practical nurse to an applicant who has been licensed as a
licensed practical nurse, by examination, under the laws of another
state if the applicant presents proof satisfactory to the board that, at
the time of application for an Indiana license by endorsement, the
applicant possesses credentials and qualifications that are
substantially equivalent to requirements in Indiana for licensure by
examination. The board may specify by rule what shall constitute
substantial equivalence under this subsection.
(d) Each applicant for examination and registration to practice as
a practical nurse shall pay a fee set by the board, a part of which
must be used for the rehabilitation of impaired registered nurses and
impaired licensed practical nurses. Payment of the fees shall be made
by the applicant before the date of examination. The lesser of the
following amounts from fees collected under this subsection shall be
deposited in the impaired nurses account of the state general fund
established by section 34 of this chapter:
(1) Twenty-five percent (25%) of the license application fee per
license applied for under this section.
(2) The cost per license to operate the impaired nurses program,
as determined by the Indiana professional licensing agency.
(e) Any person who holds a license to practice as a licensed
practical nurse in:
(1) Indiana; or
(2) a party state (as defined in IC 25-23.3-2-11);
may use the title "Licensed Practical Nurse" and the abbreviation
"L.P.N.". No other person shall practice or advertise as or assume the
title of licensed practical nurse or use the abbreviation of "L.P.N." or
any other words, letters, signs, or figures to indicate that the person
using them is a licensed practical nurse. (Formerly: Acts 1949, c.159, s.12; Acts 1951, c.34, s.1; Acts 1971,
P.L.376, SEC.11.) As amended by Acts 1981, P.L.222, SEC.164; Acts
1982, P.L.113, SEC.59; P.L.169-1985, SEC.73; P.L.149-1987,
SEC.61; P.L.152-1988, SEC.18; P.L.33-1993, SEC.31;
P.L.181-2002, SEC.7; P.L.1-2007, SEC.174; P.L.134-2008, SEC.30.
IC 25-23-1-13
(Repealed by P.L.169-1985, SEC.97.)
IC 25-23-1-13.1 Midwives
Sec. 13.1. (a) An applicant who desires to practice midwifery
shall present to the board the applicant's license as a registered nurse
and a diploma earned by the applicant from a school of midwifery
approved or licensed by the board or licensing agency for midwives
that is located in any state.
(b) The applicant shall submit to an examination in midwifery
prescribed or administered by the board. If the application and
qualifications are approved by the board, the applicant is entitled to
receive a limited license that allows the applicant to practice
midwifery.
(c) The board shall adopt rules under IC 25-23-1-7:
(1) defining the scope of practice for midwifery; and
(2) for implementing this section. As added by P.L.185-1993, SEC.6.
IC 25-23-1-14
Repealed
(Repealed by P.L.169-1985, SEC.97.)
IC 25-23-1-15
Repealed
(Repealed by P.L.169-1985, SEC.97.)
IC 25-23-1-16
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-23-1-16.1 Expiration of license; renewal; fee
Sec. 16.1. (a) A license to practice as a registered nurse expires on
October 31 in each odd-numbered year. Failure to renew the license
on or before the expiration date will automatically render the license
invalid without any action by the board.
(b) A license to practice as a licensed practical nurse expires on
October 31 in each even-numbered year. Failure to renew the license
on or before the expiration date will automatically render the license
invalid without any action by the board.
(c) The procedures and fee for renewal shall be set by the board.
(d) At the time of license renewal, each registered nurse and each
licensed practical nurse shall pay a renewal fee, a portion of which
shall be for the rehabilitation of impaired registered nurses and
impaired licensed practical nurses. The lesser of the following
amounts from fees collected under this subsection shall be deposited
in the impaired nurses account of the state general fund established
by section 34 of this chapter:
(1) Twenty-five percent (25%) of the license renewal fee per
license renewed under this section.
(2) The cost per license to operate the impaired nurses program,
as determined by the Indiana professional licensing agency.
As added by Acts 1981, P.L.222, SEC.168. Amended by
P.L.169-1985, SEC.74; P.L.149-1987, SEC.62; P.L.127-1994,
SEC.2; P.L.181-2002, SEC.8; P.L.1-2006, SEC.451; P.L.134-2008,
SEC.31.
IC 25-23-1-17 Receipts; use and disposition
Sec. 17. All moneys received shall be deposited with the treasurer
of state at the end of each month and be placed by him in the general
fund of the state. The expenses of said board shall be paid from the
general fund upon appropriation being made therefrom in the manner
provided for the making of such appropriations. (Formerly: Acts 1949, c.159, s.17.) As amended by Acts 1981,
P.L.222, SEC.169.
IC 25-23-1-18 Failure to renew license; reinstatement; fee
Sec. 18. (a) Any person who fails to renew a license before it
expires shall be reinstated by the board upon meeting the
requirements under IC 25-1-8-6.
(b) A person who fails to apply to reinstate a license under this
section within three (3) years after the date it expires may be issued
a license by the board if the person meets the requirements under
IC 25-1-8-6. (Formerly: Acts 1949, c.159, s.18; Acts 1951, c.34, s.4; Acts 1971,
P.L.376, SEC.15; Acts 1975, P.L.272, SEC.4.) As amended by Acts
1981, P.L.222, SEC.170; P.L.169-1985, SEC.75; P.L.48-1991,
SEC.40; P.L.33-1993, SEC.32; P.L.269-2001, SEC.17.
IC 25-23-1-19
Repealed
(Repealed by P.L.149-1987, SEC.120.)
IC 25-23-1-19.4 Advanced practice nurses; collaboration with licensed practitioner
Sec. 19.4. (a) As used in this section, "practitioner" has the
meaning set forth in IC 16-42-19-5. However, the term does not
include the following:
(1) A veterinarian.
(2) An advanced practice nurse.
(3) A physician assistant.
(b) An advanced practice nurse shall operate in collaboration with
a licensed practitioner as evidenced by a practice agreement, or by
privileges granted by the governing board of a hospital licensed
under IC 16-21 with the advice of the medical staff of the hospital
that sets forth the manner in which an advanced practice nurse and
a licensed practitioner will cooperate, coordinate, and consult with
each other in the provision of health care to their patients. As added by P.L.185-1993, SEC.7. Amended by P.L.105-2008,
SEC.43. IC 25-23-1-19.5 Advanced practice nurses; authority to prescribe legend drugs
Sec. 19.5. (a) The board shall establish a program under which
advanced practice nurses who meet the requirements established by
the board are authorized to prescribe legend drugs, including
controlled substances (as defined in IC 35-48-1).
(b) The authority granted by the board under this section:
(1) expires on October 31 of the odd-numbered year following
the year the authority was granted or renewed; and
(2) is subject to renewal indefinitely for successive periods of
two (2) years.
(c) The rules adopted under section 7 of this chapter concerning
the authority of advanced practice nurses to prescribe legend drugs
must do the following:
(1) Require an advanced practice nurse or a prospective
advanced practice nurse who seeks the authority to submit an
application to the board.
(2) Require, as a prerequisite to the initial granting of the
authority, the successful completion by the applicant of a
graduate level course in pharmacology providing at least two
(2) semester hours of academic credit.
(3) Require, as a condition of the renewal of the authority, the
completion by the advanced practice nurse of the continuing
education requirements set out in section 19.7 of this chapter. As added by P.L.185-1993, SEC.8. Amended by P.L.83-2000, SEC.1.
IC 25-23-1-19.6 Advanced practice nurses; prescriptions; identification numbers
Sec. 19.6. (a) When the board grants authority to an advanced
practice nurse to prescribe legend drugs under this chapter, the board
shall assign an identification number to the advanced practice nurse.
(b) An advanced practice nurse who is granted authority by the
board to prescribe legend drugs must do the following:
(1) Enter on each prescription form that the advanced practice
nurse uses to prescribe a legend drug:
(A) the signature of the advanced practice nurse;
(B) initials indicating the credentials awarded to the
advanced practice nurse under this chapter; and
(C) the identification number assigned to the advanced
practice nurse under subsection (a).
(2) Comply with all applicable state and federal laws
concerning prescriptions for legend drugs.
(c) An advanced practice nurse may be granted authority to
prescribe legend drugs under this chapter only within the scope of
practice of the advanced practice nurse and the scope of the licensed
collaborating health practitioner. As added by P.L.185-1993, SEC.9.
IC 25-23-1-19.7 Renewal of prescriptive authority
Sec. 19.7. (a) This subsection applies to an applicant for renewal
who has never received a renewal of prescriptive authority under
section 19.5 of this chapter and whose prescriptive authority has
never lapsed. If the applicant was initially granted prescriptive
authority:
(1) less than twelve (12) months before the expiration date of
the prescriptive authority, no continuing education is required;
or
(2) at least twelve (12) months before the expiration date of the
prescriptive authority, the applicant shall, subject to
IC 25-1-4-3, attest to the board that the applicant has
successfully completed at least fifteen (15) contact hours of
continuing education. The hours must:
(A) be completed after the prescriptive authority was granted
and before the expiration of the prescriptive authority;
(B) include at least four (4) contact hours of pharmacology;
and
(C) be approved by a nationally approved sponsor of
continuing education for nurses, approved by the board, and
listed by the Indiana professional licensing agency as
approved hours.
(b) This subsection applies to an applicant for renewal of
prescriptive authority under section 19.5 of this chapter who is not
described in subsection (a). The applicant shall, subject to
IC 25-1-4-3, attest to the board that the applicant has successfully
completed at least thirty (30) contact hours of continuing education.
The hours must:
(1) be completed within the two (2) years immediately
preceding the renewal;
(2) include at least eight (8) contact hours of pharmacology; and
(3) be approved by a nationally approved sponsor of continuing
education for nurses, be approved by the board, and be listed by
the Indiana professional licensing agency as approved hours. As added by P.L.83-2000, SEC.2. Amended by P.L.269-2001,
SEC.18; P.L.1-2006, SEC.452.
IC 25-23-1-19.8 Audit; procedure; provide information to board; order to show
cause; hearing; divulging records to professional licensing agency;
immunity from liability
Sec. 19.8. (a) Before December 31 of an even-numbered year, the
Indiana professional licensing agency or the agency's designee shall
randomly audit at least one percent (1%) but not more than ten
percent (10%) of the practice agreements of advanced practice nurses
with authority to prescribe legend drugs under section 19.5 of this
chapter to determine whether the practice agreement meets the
requirements of this chapter or rules adopted by the board.
(b) The Indiana professional licensing agency shall establish an
audit procedure, which may include the following:
(1) Requiring the advanced practice nurse to provide the agency
with a copy of verification of attendance at or completion of a
continuing education course or program the advanced practice
nurse attended during the previous two (2) years.
(2) Requiring the advanced practice nurse and the licensed
practitioner who have entered into a practice agreement to
submit information on a form prescribed by the agency that
must include a sworn statement signed by the advanced practice
nurse and the licensed practitioner that the parties are operating
within the terms of the practice agreement and the requirements
under this chapter or rules adopted by the board.
(3) Reviewing patient health records and other patient
information at the practice location or by requiring the
submission of accurate copies to determine if the parties are
operating within the terms of the practice agreement and the
requirements under this chapter or rules adopted by the board.
(4) After a reasonable determination that the advanced practice
nurse and the licensed practitioner who have entered into a
practice agreement are not operating within the terms of the
practice agreement, requiring the parties to appear before the
agency or the agency's designee to provide evidence of
compliance with the practice agreement.
(c) Not more than sixty (60) days after the completion of the audit
required in subsection (a), the Indiana professional licensing agency
shall provide the board with the following:
(1) A summary of the information obtained in the audit.
(2) A statement regarding whether an advanced practice nurse
and a licensed practitioner who have entered into a practice
agreement that is audited under subsection (a) are operating
within the terms of the practice agreement.
The agency shall also provide a copy of the information described in
this subsection to the board that regulates the licensed practitioner.
(d) The Indiana professional licensing agency may cause to be
served upon the advanced practice nurse an order to show cause to
the board as to why the board should not impose disciplinary
sanctions under IC 25-1-9-9 on the advanced practice nurse for the
advanced practice nurse's failure to comply with:
(1) an audit conducted under this section; or
(2) the requirements of a practice agreement under this chapter.
(e) Except for a violation concerning continuing education
requirements under IC 25-1-4, the board shall hold a hearing in
accordance with IC 4-21.5 and state the date, time, and location of
the hearing in the order served under subsection (d).
(f) The board that regulates the licensed practitioner may cause to
be served upon the licensed practitioner an order to show cause to the
board as to why the board should not impose disciplinary sanctions
under IC 25-1-9-9 on the licensed practitioner for the licensed
practitioner's failure to comply with:
(1) an audit conducted under this section; or
(2) the requirements of a practice agreement under this chapter.
(g) The board that regulates the licensed practitioner shall hold a
hearing in accordance with IC 4-21.5 and state the date, time, and
location of the hearing in the order served under subsection (f).
(h) An order to show cause issued under this section must comply
with the notice requirements of IC 4-21.5.
(i) The licensed practitioner may divulge health records and other
patient information to the Indiana professional licensing agency or
the agency's designee. The licensed practitioner is immune from civil
liability for any action based upon release of the patient information
under this section. As added by P.L.158-2003, SEC.7. Amended by P.L.1-2006,
SEC.453; P.L.157-2006, SEC.62.
IC 25-23-1-20 Application for nursing education program; employment of
registered nurses
Sec. 20. (a) Any institution which desires to conduct a nursing
education program shall apply to the board and submit evidence that:
(1) it is prepared to give a minimum curriculum of organized
instruction and clinical experience in nursing in conformity to
the provisions of this chapter and the rules of the board. Such
instruction and experience may be secured in one (1) or more
institutions or agencies approved by the board; and
(2) it is prepared to meet other standards established by this
chapter and by the board.
(b) An institution that conducts a nursing education program may
employ a person who:
(1) is a registered nurse with a bachelor's degree in nursing; and
(2) has at least three (3) years of experience in nursing in the
previous six (6) years;
to instruct nursing students on a part-time basis for the purpose of
clinical instruction. (Formerly: Acts 1949, c.159, s.20; Acts 1951, c.34, s.6.) As amended
by Acts 1982, P.L.154, SEC.81; P.L.149-1987, SEC.63;
P.L.177-2009, SEC.43.
IC 25-23-1-21 Survey of board; approval; surveys of accredited schools
Sec. 21. (a) A survey of the institution or institutions of which the
nursing education program is a part and of institutions affiliating
with the nursing education program shall be made by the a
designated representative of the board. The surveyor shall submit a
written report of the survey to the board. If, in the opinion of the
board, the requirements for an accredited school of nursing are met,
it shall approve the school as an accredited school of nursing.
(b) From time to time as considered necessary by the board, it
shall be the duty of the board, through a designated representative of
the board, to survey all nursing education programs in the state.
Written reports of such surveys shall be submitted to the board. If the
board determines that any accredited nursing education program is
not maintaining the standards required by the statutes and by the
board, notice in writing specifying the defect or defects shall be
immediately given to the nursing education program. A nursing
education program which fails to correct these conditions to the
satisfaction of the board within a reasonable time shall be removed
from the list of accredited nursing education programs.
(c) The board may elect to utilize a nursing education program's
accreditation by a national accrediting body approved by the board
and the Council on Postsecondary Accreditation (COPA) as evidence
that the program has met all or part of the required state standards
and prescribed curricula for continuing accreditation of nursing
education programs. (Formerly: Acts 1949, c.159, s.21.) As amended by Acts 1981,
P.L.222, SEC.172; P.L.149-1987, SEC.64.
IC 25-23-1-22
Repealed
(Repealed by P.L.149-1987, SEC.120.)
IC 25-23-1-23
Repealed
(Repealed by P.L.149-1987, SEC.120.)
IC 25-23-1-24
Repealed
(Repealed by P.L.169-1985, SEC.97.)
IC 25-23-1-25
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-23-1-25.1
Repealed
(Repealed by P.L.152-1988, SEC.30.)
IC 25-23-1-26 Duty of attorney general
Sec. 26. It shall be the duty of the attorney-general to represent the
board in any court in which an action may be filed for the review of
an order of the board. The attorney-general may, at his discretion,
call to his assistance in such action, the prosecuting attorney of the
county in which such action is filed. (Formerly: Acts 1949, c.159, s.26.)
IC 25-23-1-27 Violations; penalty
Sec. 27. A person who:
(1) sells or fraudulently obtains or furnishes any nursing
diploma, license or record;
(2) practices nursing under cover of any diploma or license or
record illegally or fraudulently obtained or assigned or issued
unlawfully or under fraudulent representation;
(3) practices nursing as a registered nurse or licensed practical
nurse unless licensed to do so under this chapter or IC 25-23.3;
(4) uses in connection with the person's name any designation
tending to imply that the person is a registered nurse or a
licensed practical nurse unless licensed to practice under this
chapter or IC 25-23.3;
(5) practices nursing during the time the person's license issued
under this chapter or IC 25-23.3 is suspended or revoked;
(6) conducts a school of nursing or a program for the training of
practical nurses unless the school or program has been
accredited by the board; or
(7) otherwise violates this chapter;
commits a Class B misdemeanor. (Formerly: Acts 1949, c.159, s.27; Acts 1974, P.L.119, SEC.4.) As
amended by Acts 1978, P.L.2, SEC.2543; Acts 1981, P.L.222,
SEC.175; P.L.181-2002, SEC.9; P.L.1-2007, SEC.175;
P.L.134-2008, SEC.32.
IC 25-23-1-27.1 Limitations on application of chapter; "licensed health
professional" defined
Sec. 27.1. (a) As used in this section, "licensed health
professional" means:
(1) a registered nurse;
(2) a licensed practical nurse;
(3) a physician with an unlimited license to practice medicine
or osteopathic medicine;
(4) a licensed dentist;
(5) a licensed chiropractor;
(6) a licensed optometrist;
(7) a licensed pharmacist;
(8) a licensed physical therapist;
(9) a licensed psychologist;
(10) a licensed podiatrist; or
(11) a licensed speech-language pathologist or audiologist.
(b) This chapter does not prohibit:
(1) furnishing nursing assistance in an emergency;
(2) the practice of nursing by any student enrolled in a board
approved nursing education program where such practice is
incidental to the student's program of study;
(3) the practice of any nurse who is employed by the
government of the United States or any of its bureaus, divisions,
or agencies while in the discharge of the nurse's official duties;
(4) the gratuitous care of sick, injured, or infirm individuals by
friends or the family of that individual;
(5) the care of the sick, injured, or infirm in the home for
compensation if the person assists only:
(A) with personal care;
(B) in the administration of a domestic or family remedy; or
(C) in the administration of a remedy that is ordered by a
licensed health professional and that is within the scope of
practice of the licensed health professional under Indiana
law;
(6) performance of tasks by persons who provide health care
services which are delegated or ordered by licensed health
professionals, if the delegated or ordered tasks do not exceed
the scope of practice of the licensed health professionals under
Indiana law;
(7) a physician with an unlimited license to practice medicine
or osteopathic medicine in Indiana, a licensed dentist,
chiropractor, dental hygienist, optometrist, pharmacist, physical
therapist, podiatrist, psychologist, speech-language pathologist,
or audiologist from practicing the person's profession;
(8) a school corporation or school employee from acting under
IC 34-30-14;
(9) a personal services attendant from providing authorized
attendant care services under IC 12-10-17.1; or
(10) an attendant who provides attendant care services (as
defined in IC 16-18-2-28.5). As added by Acts 1981, P.L.222, SEC.176. Amended by
P.L.169-1985, SEC.78; P.L.149-1987, SEC.66; P.L.156-1988,
SEC.2; P.L.255-2001, SEC.18; P.L.212-2005, SEC.21;
P.L.141-2006, SEC.107.
IC 25-23-1-27.2 Injunction from continuing violation of chapter; punishment
Sec. 27.2. The attorney general, the board, the prosecuting
attorney, or any citizen of any county in which a person violates this
article may maintain an action in the name of the state to enjoin the
person from continuing in violation of this article. A person who is
enjoined and who violates an injunction shall be punished for
contempt of court. An injunction issued under this section does not
relieve a person from criminal prosecution but is in addition to any
remedy provided under criminal law. As added by P.L.149-1987, SEC.67.
IC 25-23-1-27.5
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-23-1-28
Repealed
(Repealed by P.L.134-2008, SEC.52.)
IC 25-23-1-29 Practitioners of Church of Christ Scientist
Sec. 29. (a) This chapter does not apply to a nurse practicing in
accordance with the practice and principles of the body known as the
Church of Christ Scientist.
(b) A sanitarium, nursing home, or rest home provided that it is
listed and certified by the Commission for Accreditation of Christian
Science Nursing Organizations/Facilities, Inc. does not have to
comply with any rule adopted by the board, except a rule that
concerns the following:
(1) The sanitary and safe conditions of the premises.
(2) The cleanliness of operation.
(3) The physical equipment.
(c) The chapter does not apply to a person if:
(1) the person is licensed as a nurse in another jurisdiction;
(2) the person is employed by an individual, an agency, or a
legal business entity located in that jurisdiction;
(3) the person's employment responsibilities include
transporting a patient between jurisdictions;
(4) no trip made by the person into Indiana for the purpose of
transporting a patient lasts more than seventy-two (72) hours;
and
(5) the person does not make more than six (6) trips into Indiana
for the purpose of transporting a patient during any twelve (12)
month period. As added by P.L.187-1991, SEC.1. Amended by P.L.1-1992,
SEC.132; P.L.185-1993, SEC.10; P.L.111-1996, SEC.3.
IC 25-23-1-30 Administration of anesthesia by certified registered nurse
anesthetist
Sec. 30. (a) A certified registered nurse anesthetist may administer
anesthesia if the certified registered nurse anesthetist acts under the
direction of and in the immediate presence of a physician.
(b) Nothing in this chapter shall be construed as requiring a
certified registered nurse anesthetist to obtain prescriptive authority
to administer anesthesia under subsection (a). As added by P.L.185-1993, SEC.11. Amended by P.L.177-2009,
SEC.44.
IC 25-23-1-31 Rehabilitation of impaired registered nurse or licensed practical
nurse; use of information after noncompliance
Sec. 31. (a) As used in this section, "impaired registered nurse or
licensed practical nurse" means a registered nurse or licensed
practical nurse who has been affected by the use or abuse of alcohol
or other drugs.
(b) The board shall assist in the rehabilitation of an impaired
registered nurse or licensed practical nurse.
(c) The board may do the following:
(1) Enter into agreements, provide grants, and make other
arrangements with statewide nonprofit professional
associations, foundations, or other entities specifically devoted
to the rehabilitation of impaired health care professionals to
identify and assist impaired registered nurses and licensed
practical nurses.
(2) Accept and designate grants, public and private financial
assistance, and licensure fees to fund programs under
subdivision (1) to assist impaired registered nurses and licensed
practical nurses.
(d) Except as provided in subsection (f), all:
(1) information furnished to a nonprofit professional
association, foundation, or other entity specifically devoted to
the rehabilitation of impaired health care professionals,
including interviews, reports, statements, and memoranda; and
(2) findings, conclusions, or recommendations that result from
a proceeding of the professional association, foundation, or
other entity specifically devoted to the rehabilitation of
impaired health care professionals;
are privileged and confidential.
(e) The records of a proceeding under subsection (d) may be used
only in the exercise of proper functions of the board, and may not
become public records or subject to a subpoena or discovery
proceeding.
(f) Information received by the board from the board designated
rehabilitation program for noncompliance by the registered nurse or
licensed practical nurse may be used by the board in any disciplinary
or criminal proceedings instituted against the impaired registered
nurse or licensed practical nurse.
(g) The board designated rehabilitation program shall:
(1) immediately report to the board the name and results of any
contact or investigation concerning an impaired registered nurse
or licensed practical nurse who the program believes constitutes
a certain, immediate, and impending danger to either the public
or the impaired registered nurse or licensed practical nurse; and
(2) in a timely fashion report to the board an impaired registered
nurse or licensed practical nurse:
(A) who refuses to cooperate with the program;
(B) who refuses to submit to treatment; or
(C) whose
