IC 25-29-1-0.5 Unauthorized practice of podiatric medicine; excluded activities
Sec. 0.5. (a) This article, as it relates to the unlawful or
unauthorized practice of podiatric medicine, does not apply to any of
the following:
(1) A student in training in a podiatric medical school approved
by the board, or while performing duties as an intern or a
resident in a hospital under the supervision of the hospital's
podiatric staff or in a program approved by the board.
(2) An individual who renders service in case of emergency
when no fee or other consideration is contemplated, charged, or
received.
(3) Commissioned podiatric medical officers or podiatric
medical service officers of the armed forces of the United
States, the United States Public Health Service, and podiatric
medical officers of the United States Department of Veterans
Affairs in the discharge of their official duties in Indiana who
are also licensed to practice podiatric medicine in another
jurisdiction in the United States.
(4) An individual who is licensed to practice podiatric medicine
in another jurisdiction, and is called in for consultation by an
individual licensed to practice podiatric medicine in Indiana.
(5) An individual administering a domestic or family remedy to
a member of the individual's family.
(6) A member of a church practicing the religious tenets of the
church if the member does not make a medical diagnosis,
prescribe or administer drugs or medicines, perform surgical or
physical operations, or assume the title of or profess to be a
podiatrist.
(7) A school corporation and a school employee who acts under
IC 34-30-14 (or IC 34-4-16.5-3.5 before its repeal).
(8) A chiropractor practicing the chiropractor's profession under
IC 25-10 or to an employee of a chiropractor acting under the
direction and supervision of the chiropractor under
IC 25-10-1-13.
(9) A nurse practicing the nurse's profession under IC 25-23.
(10) A pharmacist practicing the pharmacist's profession under
IC 25-26.
(11) A physical therapist practicing the physical therapist's
profession under IC 25-27.
(12) A physician or an osteopath practicing the physician's or
osteopath's profession under IC 25-22.5.
(13) An employee, including a licensed podiatrist's assistant, of
a podiatrist or group of podiatrists who performs an act, a duty,
or a function that is customarily within the specific area of
practice of the employing podiatrist or group of podiatrists, if
the act, duty, or function is performed under the direction and
supervision of the employing podiatrist or a podiatrist of the
employing group within whose area of practice the act, duty, or
function falls. An employee may not make a diagnosis or
prescribe a treatment and must report the results of an
examination of a patient conducted by the employee to the
employing podiatrist or the podiatrist of the employing group
under whose supervision the employee is working. An
employee may not administer medication without the specific
order of the employing podiatrist or a podiatrist of the
employing group. Unless an employee is licensed or registered
to independently practice in a profession described in
subdivisions (8) through (12), nothing in this subsection grants
the employee independent practitioner status or the authority to
perform patient services in an independent practice in a
profession.
(14) A hospital licensed under IC 16-21 or IC 12-25.
(15) A health care organization whose members, shareholders,
or partners are individuals, partnerships, corporations, facilities,
or institutions licensed or legally authorized by this state to
provide health care or professional services as:
(A) a podiatrist;
(B) a psychiatric hospital;
(C) a hospital;
(D) a health facility;
(E) a registered or licensed practical nurse;
(F) a physician;
(G) a chiropractor; or
(H) a physical therapist.
(b) A person described in subsection (a)(8) through (a)(12) is not
excluded from the application of this article if:
(1) the person performs an act that an Indiana statute does not
authorize the person to perform; and
(2) the act qualifies in whole or in part as the practice of
podiatric medicine.
(c) An employment or other contractual relationship between an
entity described in subsection (a)(14) through (a)(15) and a licensed
podiatrist does not constitute the unlawful practice of podiatric
medicine under this article if the entity does not direct or control
independent medical acts, decisions, or judgment of the licensed
podiatrist. However, if the direction or control is done by the entity
under IC 34-30-15 (or IC 34-4-12.6 before its repeal), the entity is
excluded from the application of this article as it relates to the
unlawful practice of podiatric medicine.
(d) This subsection does not apply to a prescription or drug order
for a legend drug that is filled or refilled in a pharmacy owned or
operated by a hospital licensed under IC 16-10-1. A podiatrist
licensed in Indiana who permits or authorizes a person to fill or refill
a prescription or drug order for a legend drug except as authorized in
IC 16-6-8-3 is subject to disciplinary action under IC 25-1-9. A
person who violates this subsection commits the unlawful practice of
podiatric medicine under this chapter. As added by P.L.33-1993, SEC.50. Amended by P.L.2-1995, SEC.99;
P.L.1-1998, SEC.133.
IC 25-29-1-1
Repealed
(Repealed by Acts 1982, P.L.113, SEC.91.)
IC 25-29-1-1.1 Definitions
Sec. 1.1. The definitions in this chapter apply throughout this
article. As added by Acts 1981, P.L.222, SEC.221. Amended by
P.L.137-1985, SEC.9; P.L.33-1993, SEC.51; P.L.217-1993, SEC.5;
P.L.1-1994, SEC.127.
IC 25-29-1-2
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-3
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-3.1
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-4
Repealed
(Repealed by P.L.137-1985, SEC.19.)
IC 25-29-1-4.1
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-5
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-5.1
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-5.2
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-6
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-29-1-6.1
Repealed
(Repealed by P.L.152-1988, SEC.30.)
IC 25-29-1-7
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-8
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-9
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-9.5 "Agency" defined
Sec. 9.5. "Agency" refers to the Indiana professional licensing
agency established by IC 25-1-5-3. As added by P.L.1-2006, SEC.470.
IC 25-29-1-10 "Board" defined
Sec. 10. "Board" refers to the board of podiatric medicine
established by IC 25-29-2-1. As added by P.L.33-1993, SEC.53.
IC 25-29-1-11
Repealed
(Repealed by P.L.1-2006, SEC.588.)
IC 25-29-1-12 "Podiatric medicine" defined
Sec. 12. (a) "Podiatric medicine" means the diagnosis or medical,
surgical (as described in IC 25-22.5-1-1.1(a)(1)(C)), and mechanical
treatment of the human foot and related structures.
(b) Podiatric medicine includes the administration of local
anesthetics. As added by P.L.33-1993, SEC.55.
IC 25-29-1-13 "Podiatrist" defined
Sec. 13. "Podiatrist" means an individual who:
(1) practices podiatric medicine; and
(2) uses one (1) or more of the following designations:
(A) Doctor of podiatric medicine.
(B) Podiatric physician.
(C) Podiatric surgeon. As added by P.L.33-1993, SEC.56.
IC 25-29-1-14 "Podiatrist's assistant" defined
Sec. 14. "Podiatrist's assistant" means an individual who is
certified under IC 25-29-8. As added by P.L.33-1993, SEC.57.
IC 25-29-1-15 "Supervising podiatrist" defined
Sec. 15. "Supervising podiatrist" means a licensed podiatrist who
has been certified by the board under IC 25-29-8 to supervise a
podiatrist's assistant. As added by P.L.33-1993, SEC.58.
IC 25-29-1-16 "Surgical treatment" defined
Sec. 16. "Surgical treatment" means the incision, excision, or
disarticulation of parts of the human foot and related structures to
treat a disease, a deformity, or an ailment of the foot. The term does
not include the amputation of the entire foot, but does include the
amputation of an entire toe if the amputation is performed at an
institution:
(1) that is approved by a joint commission of accredited
hospital organizations; and
(2) where comanagement of the patient is being performed by
a physician licensed under IC 25-22.5. As added by P.L.33-1993, SEC.59.
IC 25-29-1-0.5 Unauthorized practice of podiatric medicine; excluded activities
Sec. 0.5. (a) This article, as it relates to the unlawful or
unauthorized practice of podiatric medicine, does not apply to any of
the following:
(1) A student in training in a podiatric medical school approved
by the board, or while performing duties as an intern or a
resident in a hospital under the supervision of the hospital's
podiatric staff or in a program approved by the board.
(2) An individual who renders service in case of emergency
when no fee or other consideration is contemplated, charged, or
received.
(3) Commissioned podiatric medical officers or podiatric
medical service officers of the armed forces of the United
States, the United States Public Health Service, and podiatric
medical officers of the United States Department of Veterans
Affairs in the discharge of their official duties in Indiana who
are also licensed to practice podiatric medicine in another
jurisdiction in the United States.
(4) An individual who is licensed to practice podiatric medicine
in another jurisdiction, and is called in for consultation by an
individual licensed to practice podiatric medicine in Indiana.
(5) An individual administering a domestic or family remedy to
a member of the individual's family.
(6) A member of a church practicing the religious tenets of the
church if the member does not make a medical diagnosis,
prescribe or administer drugs or medicines, perform surgical or
physical operations, or assume the title of or profess to be a
podiatrist.
(7) A school corporation and a school employee who acts under
IC 34-30-14 (or IC 34-4-16.5-3.5 before its repeal).
(8) A chiropractor practicing the chiropractor's profession under
IC 25-10 or to an employee of a chiropractor acting under the
direction and supervision of the chiropractor under
IC 25-10-1-13.
(9) A nurse practicing the nurse's profession under IC 25-23.
(10) A pharmacist practicing the pharmacist's profession under
IC 25-26.
(11) A physical therapist practicing the physical therapist's
profession under IC 25-27.
(12) A physician or an osteopath practicing the physician's or
osteopath's profession under IC 25-22.5.
(13) An employee, including a licensed podiatrist's assistant, of
a podiatrist or group of podiatrists who performs an act, a duty,
or a function that is customarily within the specific area of
practice of the employing podiatrist or group of podiatrists, if
the act, duty, or function is performed under the direction and
supervision of the employing podiatrist or a podiatrist of the
employing group within whose area of practice the act, duty, or
function falls. An employee may not make a diagnosis or
prescribe a treatment and must report the results of an
examination of a patient conducted by the employee to the
employing podiatrist or the podiatrist of the employing group
under whose supervision the employee is working. An
employee may not administer medication without the specific
order of the employing podiatrist or a podiatrist of the
employing group. Unless an employee is licensed or registered
to independently practice in a profession described in
subdivisions (8) through (12), nothing in this subsection grants
the employee independent practitioner status or the authority to
perform patient services in an independent practice in a
profession.
(14) A hospital licensed under IC 16-21 or IC 12-25.
(15) A health care organization whose members, shareholders,
or partners are individuals, partnerships, corporations, facilities,
or institutions licensed or legally authorized by this state to
provide health care or professional services as:
(A) a podiatrist;
(B) a psychiatric hospital;
(C) a hospital;
(D) a health facility;
(E) a registered or licensed practical nurse;
(F) a physician;
(G) a chiropractor; or
(H) a physical therapist.
(b) A person described in subsection (a)(8) through (a)(12) is not
excluded from the application of this article if:
(1) the person performs an act that an Indiana statute does not
authorize the person to perform; and
(2) the act qualifies in whole or in part as the practice of
podiatric medicine.
(c) An employment or other contractual relationship between an
entity described in subsection (a)(14) through (a)(15) and a licensed
podiatrist does not constitute the unlawful practice of podiatric
medicine under this article if the entity does not direct or control
independent medical acts, decisions, or judgment of the licensed
podiatrist. However, if the direction or control is done by the entity
under IC 34-30-15 (or IC 34-4-12.6 before its repeal), the entity is
excluded from the application of this article as it relates to the
unlawful practice of podiatric medicine.
(d) This subsection does not apply to a prescription or drug order
for a legend drug that is filled or refilled in a pharmacy owned or
operated by a hospital licensed under IC 16-10-1. A podiatrist
licensed in Indiana who permits or authorizes a person to fill or refill
a prescription or drug order for a legend drug except as authorized in
IC 16-6-8-3 is subject to disciplinary action under IC 25-1-9. A
person who violates this subsection commits the unlawful practice of
podiatric medicine under this chapter. As added by P.L.33-1993, SEC.50. Amended by P.L.2-1995, SEC.99;
P.L.1-1998, SEC.133.
IC 25-29-1-1
Repealed
(Repealed by Acts 1982, P.L.113, SEC.91.)
IC 25-29-1-1.1 Definitions
Sec. 1.1. The definitions in this chapter apply throughout this
article. As added by Acts 1981, P.L.222, SEC.221. Amended by
P.L.137-1985, SEC.9; P.L.33-1993, SEC.51; P.L.217-1993, SEC.5;
P.L.1-1994, SEC.127.
IC 25-29-1-2
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-3
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-3.1
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-4
Repealed
(Repealed by P.L.137-1985, SEC.19.)
IC 25-29-1-4.1
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-5
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-5.1
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-5.2
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-6
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-29-1-6.1
Repealed
(Repealed by P.L.152-1988, SEC.30.)
IC 25-29-1-7
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-8
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-9
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-9.5 "Agency" defined
Sec. 9.5. "Agency" refers to the Indiana professional licensing
agency established by IC 25-1-5-3. As added by P.L.1-2006, SEC.470.
IC 25-29-1-10 "Board" defined
Sec. 10. "Board" refers to the board of podiatric medicine
established by IC 25-29-2-1. As added by P.L.33-1993, SEC.53.
IC 25-29-1-11
Repealed
(Repealed by P.L.1-2006, SEC.588.)
IC 25-29-1-12 "Podiatric medicine" defined
Sec. 12. (a) "Podiatric medicine" means the diagnosis or medical,
surgical (as described in IC 25-22.5-1-1.1(a)(1)(C)), and mechanical
treatment of the human foot and related structures.
(b) Podiatric medicine includes the administration of local
anesthetics. As added by P.L.33-1993, SEC.55.
IC 25-29-1-13 "Podiatrist" defined
Sec. 13. "Podiatrist" means an individual who:
(1) practices podiatric medicine; and
(2) uses one (1) or more of the following designations:
(A) Doctor of podiatric medicine.
(B) Podiatric physician.
(C) Podiatric surgeon. As added by P.L.33-1993, SEC.56.
IC 25-29-1-14 "Podiatrist's assistant" defined
Sec. 14. "Podiatrist's assistant" means an individual who is
certified under IC 25-29-8. As added by P.L.33-1993, SEC.57.
IC 25-29-1-15 "Supervising podiatrist" defined
Sec. 15. "Supervising podiatrist" means a licensed podiatrist who
has been certified by the board under IC 25-29-8 to supervise a
podiatrist's assistant. As added by P.L.33-1993, SEC.58.
IC 25-29-1-16 "Surgical treatment" defined
Sec. 16. "Surgical treatment" means the incision, excision, or
disarticulation of parts of the human foot and related structures to
treat a disease, a deformity, or an ailment of the foot. The term does
not include the amputation of the entire foot, but does include the
amputation of an entire toe if the amputation is performed at an
institution:
(1) that is approved by a joint commission of accredited
hospital organizations; and
(2) where comanagement of the patient is being performed by
a physician licensed under IC 25-22.5. As added by P.L.33-1993, SEC.59.
IC 25-29-1-0.5 Unauthorized practice of podiatric medicine; excluded activities
Sec. 0.5. (a) This article, as it relates to the unlawful or
unauthorized practice of podiatric medicine, does not apply to any of
the following:
(1) A student in training in a podiatric medical school approved
by the board, or while performing duties as an intern or a
resident in a hospital under the supervision of the hospital's
podiatric staff or in a program approved by the board.
(2) An individual who renders service in case of emergency
when no fee or other consideration is contemplated, charged, or
received.
(3) Commissioned podiatric medical officers or podiatric
medical service officers of the armed forces of the United
States, the United States Public Health Service, and podiatric
medical officers of the United States Department of Veterans
Affairs in the discharge of their official duties in Indiana who
are also licensed to practice podiatric medicine in another
jurisdiction in the United States.
(4) An individual who is licensed to practice podiatric medicine
in another jurisdiction, and is called in for consultation by an
individual licensed to practice podiatric medicine in Indiana.
(5) An individual administering a domestic or family remedy to
a member of the individual's family.
(6) A member of a church practicing the religious tenets of the
church if the member does not make a medical diagnosis,
prescribe or administer drugs or medicines, perform surgical or
physical operations, or assume the title of or profess to be a
podiatrist.
(7) A school corporation and a school employee who acts under
IC 34-30-14 (or IC 34-4-16.5-3.5 before its repeal).
(8) A chiropractor practicing the chiropractor's profession under
IC 25-10 or to an employee of a chiropractor acting under the
direction and supervision of the chiropractor under
IC 25-10-1-13.
(9) A nurse practicing the nurse's profession under IC 25-23.
(10) A pharmacist practicing the pharmacist's profession under
IC 25-26.
(11) A physical therapist practicing the physical therapist's
profession under IC 25-27.
(12) A physician or an osteopath practicing the physician's or
osteopath's profession under IC 25-22.5.
(13) An employee, including a licensed podiatrist's assistant, of
a podiatrist or group of podiatrists who performs an act, a duty,
or a function that is customarily within the specific area of
practice of the employing podiatrist or group of podiatrists, if
the act, duty, or function is performed under the direction and
supervision of the employing podiatrist or a podiatrist of the
employing group within whose area of practice the act, duty, or
function falls. An employee may not make a diagnosis or
prescribe a treatment and must report the results of an
examination of a patient conducted by the employee to the
employing podiatrist or the podiatrist of the employing group
under whose supervision the employee is working. An
employee may not administer medication without the specific
order of the employing podiatrist or a podiatrist of the
employing group. Unless an employee is licensed or registered
to independently practice in a profession described in
subdivisions (8) through (12), nothing in this subsection grants
the employee independent practitioner status or the authority to
perform patient services in an independent practice in a
profession.
(14) A hospital licensed under IC 16-21 or IC 12-25.
(15) A health care organization whose members, shareholders,
or partners are individuals, partnerships, corporations, facilities,
or institutions licensed or legally authorized by this state to
provide health care or professional services as:
(A) a podiatrist;
(B) a psychiatric hospital;
(C) a hospital;
(D) a health facility;
(E) a registered or licensed practical nurse;
(F) a physician;
(G) a chiropractor; or
(H) a physical therapist.
(b) A person described in subsection (a)(8) through (a)(12) is not
excluded from the application of this article if:
(1) the person performs an act that an Indiana statute does not
authorize the person to perform; and
(2) the act qualifies in whole or in part as the practice of
podiatric medicine.
(c) An employment or other contractual relationship between an
entity described in subsection (a)(14) through (a)(15) and a licensed
podiatrist does not constitute the unlawful practice of podiatric
medicine under this article if the entity does not direct or control
independent medical acts, decisions, or judgment of the licensed
podiatrist. However, if the direction or control is done by the entity
under IC 34-30-15 (or IC 34-4-12.6 before its repeal), the entity is
excluded from the application of this article as it relates to the
unlawful practice of podiatric medicine.
(d) This subsection does not apply to a prescription or drug order
for a legend drug that is filled or refilled in a pharmacy owned or
operated by a hospital licensed under IC 16-10-1. A podiatrist
licensed in Indiana who permits or authorizes a person to fill or refill
a prescription or drug order for a legend drug except as authorized in
IC 16-6-8-3 is subject to disciplinary action under IC 25-1-9. A
person who violates this subsection commits the unlawful practice of
podiatric medicine under this chapter. As added by P.L.33-1993, SEC.50. Amended by P.L.2-1995, SEC.99;
P.L.1-1998, SEC.133.
IC 25-29-1-1
Repealed
(Repealed by Acts 1982, P.L.113, SEC.91.)
IC 25-29-1-1.1 Definitions
Sec. 1.1. The definitions in this chapter apply throughout this
article. As added by Acts 1981, P.L.222, SEC.221. Amended by
P.L.137-1985, SEC.9; P.L.33-1993, SEC.51; P.L.217-1993, SEC.5;
P.L.1-1994, SEC.127.
IC 25-29-1-2
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-3
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-3.1
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-4
Repealed
(Repealed by P.L.137-1985, SEC.19.)
IC 25-29-1-4.1
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-5
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-5.1
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-5.2
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-6
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-29-1-6.1
Repealed
(Repealed by P.L.152-1988, SEC.30.)
IC 25-29-1-7
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-8
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-9
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-29-1-9.5 "Agency" defined
Sec. 9.5. "Agency" refers to the Indiana professional licensing
agency established by IC 25-1-5-3. As added by P.L.1-2006, SEC.470.
IC 25-29-1-10 "Board" defined
Sec. 10. "Board" refers to the board of podiatric medicine
established by IC 25-29-2-1. As added by P.L.33-1993, SEC.53.
IC 25-29-1-11
Repealed
(Repealed by P.L.1-2006, SEC.588.)
IC 25-29-1-12 "Podiatric medicine" defined
Sec. 12. (a) "Podiatric medicine" means the diagnosis or medical,
surgical (as described in IC 25-22.5-1-1.1(a)(1)(C)), and mechanical
treatment of the human foot and related structures.
(b) Podiatric medicine includes the administration of local
anesthetics. As added by P.L.33-1993, SEC.55.
IC 25-29-1-13 "Podiatrist" defined
Sec. 13. "Podiatrist" means an individual who:
(1) practices podiatric medicine; and
(2) uses one (1) or more of the following designations:
(A) Doctor of podiatric medicine.
(B) Podiatric physician.
(C) Podiatric surgeon. As added by P.L.33-1993, SEC.56.
IC 25-29-1-14 "Podiatrist's assistant" defined
Sec. 14. "Podiatrist's assistant" means an individual who is
certified under IC 25-29-8. As added by P.L.33-1993, SEC.57.
IC 25-29-1-15 "Supervising podiatrist" defined
Sec. 15. "Supervising podiatrist" means a licensed podiatrist who
has been certified by the board under IC 25-29-8 to supervise a
podiatrist's assistant. As added by P.L.33-1993, SEC.58.
IC 25-29-1-16 "Surgical treatment" defined
Sec. 16. "Surgical treatment" means the incision, excision, or
disarticulation of parts of the human foot and related structures to
treat a disease, a deformity, or an ailment of the foot. The term does
not include the amputation of the entire foot, but does include the
amputation of an entire toe if the amputation is performed at an
institution:
(1) that is approved by a joint commission of accredited
hospital organizations; and
(2) where comanagement of the patient is being performed by
a physician licensed under IC 25-22.5. As added by P.L.33-1993, SEC.59.
