Sanctions; disciplinary proceedings; license denial, suspension, and
revocation; appeals; costs
Sec. 16. (a) A practitioner shall comply with the standards
established under this licensing program. A practitioner is subject to
the exercise of the disciplinary sanctions under subsection (b) if the
department finds that a practitioner has:
(1) engaged in or knowingly cooperated in fraud or material
deception in order to obtain a license to practice, including
cheating on a licensing examination;
(2) engaged in fraud or material deception in the course of
professional services or activities;
(3) advertised services or goods in a false or misleading
manner;
(4) falsified or knowingly allowed another person to falsify
attendance records or certificates of completion of continuing
education courses provided under this chapter;
(5) been convicted of a crime that has a direct bearing on the
practitioner's ability to continue to practice competently;
(6) knowingly violated a state statute or rule or federal statute
or regulation regulating the profession for which the
practitioner is licensed;
(7) continued to practice although the practitioner has become
unfit to practice due to:
(A) professional incompetence;
(B) failure to keep abreast of current professional theory or
practice;
(C) physical or mental disability; or
(D) addiction to, abuse of, or severe dependency on alcohol
or other drugs that endanger the public by impairing a
practitioner's ability to practice safely;
(8) engaged in a course of lewd or immoral conduct in
connection with the delivery of services to the public;
(9) allowed the practitioner's name or a license issued under this
chapter to be used in connection with an individual or business
who renders services beyond the scope of that individual's or
business's training, experience, or competence;
(10) had disciplinary action taken against the practitioner or the
practitioner's license to practice in another state or jurisdiction
on grounds similar to those under this chapter;
(11) assisted another person in committing an act that would
constitute a ground for disciplinary sanction under this chapter;
or
(12) allowed a license issued by the department to be:
(A) used by another person; or
(B) displayed to the public when the license has expired, is
inactive, is invalid, or has been revoked or suspended.
For purposes of subdivision (10), a certified copy of a record of
disciplinary action constitutes prima facie evidence of a disciplinary
action in another jurisdiction.
(b) The department may impose one (1) or more of the following
sanctions if the department finds that a practitioner is subject to
disciplinary sanctions under subsection (a):
(1) Permanent revocation of a practitioner's license.
(2) Suspension of a practitioner's license.
(3) Censure of a practitioner.
(4) Issuance of a letter of reprimand.
(5) Assess a civil penalty against the practitioner in accordance
with the following:
(A) The civil penalty may not be more than one thousand
dollars ($1,000) for each violation listed in subsection (a),
except for a finding of incompetency due to a physical or
mental disability.
(B) When imposing a civil penalty, the department shall
consider a practitioner's ability to pay the amount assessed.
If the practitioner fails to pay the civil penalty within the
time specified by the department, the department may
suspend the practitioner's license without additional
proceedings. However, a suspension may not be imposed if
the sole basis for the suspension is the practitioner's inability
to pay a civil penalty.
(6) Place a practitioner on probation status and require the
practitioner to:
(A) report regularly to the department upon the matters that
are the basis of probation;
(B) limit practice to those areas prescribed by the
department;
(C) continue or renew professional education approved by
the department until a satisfactory degree of skill has been
attained in those areas that are the basis of the probation; or
(D) perform or refrain from performing any acts, including
community restitution or service without compensation, that
the department considers appropriate to the public interest or
to the rehabilitation or treatment of the practitioner.
The department may withdraw or modify this probation if the
department finds after a hearing that the deficiency that
required disciplinary action has been remedied or that changed
circumstances warrant a modification of the order.
(c) If an applicant or a practitioner has engaged in or knowingly
cooperated in fraud or material deception to obtain a license to
practice, including cheating on the licensing examination, the
department may rescind the license if it has been granted, void the
examination or other fraudulent or deceptive material, and prohibit
the applicant from reapplying for the license for a length of time
established by the department.
(d) The department may deny licensure to an applicant who has
had disciplinary action taken against the applicant or the applicant's
license to practice in another state or jurisdiction or who has
practiced without a license in violation of the law. A certified copy
of the record of disciplinary action is conclusive evidence of the
other jurisdiction's disciplinary action.
(e) The department may order a practitioner to submit to a
reasonable physical or mental examination if the practitioner's
physical or mental capacity to practice safely and competently is at
issue in a disciplinary proceeding. Failure to comply with a
department order to submit to a physical or mental examination
makes a practitioner liable to temporary suspension under subsection
(j).
(f) Except as provided under subsection (g) or (h), a license may
not be denied, revoked, or suspended because the applicant or holder
has been convicted of an offense. The acts from which the applicant's
or holder's conviction resulted may, however, be considered as to
whether the applicant or holder should be entrusted to serve the
public in a specific capacity.
(g) The department may deny, suspend, or revoke a license issued
under this chapter if the individual who holds the license is convicted
of any of the following:
(1) Possession of cocaine, a narcotic drug, or methamphetamine
under IC 35-48-4-6.
(2) Possession of a controlled substance under IC 35-48-4-7(a).
(3) Fraudulently obtaining a controlled substance under
IC 35-48-4-7(b).
(4) Manufacture of paraphernalia as a Class D felony under
IC 35-48-4-8.1(b).
(5) Dealing in paraphernalia as a Class D felony under
IC 35-48-4-8.5(b).
(6) Possession of paraphernalia as a Class D felony under
IC 35-48-4-8.3(b).
(7) Possession of marijuana, hash oil, or hashish as a Class D
felony under IC 35-48-4-11.
(8) Maintaining a common nuisance under IC 35-48-4-13.
(9) An offense relating to registration, labeling, and prescription
forms under IC 35-48-4-14.
(10) Conspiracy under IC 35-41-5-2 to commit an offense listed
in clauses (1) through (9).
(11) Attempt under IC 35-41-5-1 to commit an offense listed in
clauses (1) through (10).
(12) An offense in any other jurisdiction in which the elements
of the offense for which the conviction was entered are
substantially similar to the elements of an offense described
under clauses (1) through (11).
(h) The department shall deny, revoke, or suspend a license issued
under this chapter if the individual who holds the license is convicted
of any of the following:
(1) Dealing in cocaine, a narcotic drug, or methamphetamine
under IC 35-48-4-1.
(2) Dealing in a schedule I, II, or III controlled substance under
IC 35-48-4-2.
(3) Dealing in a schedule IV controlled substance under
IC 35-48-4-3.
(4) Dealing in a schedule V controlled substance under
IC 35-48-4-4.
(5) Dealing in a substance represented to be a controlled
substance under IC 35-48-4-4.5.
(6) Knowingly or intentionally manufacturing, advertising,
distributing, or possessing with intent to manufacture, advertise,
or distribute a substance represented to be a controlled
substance under IC 35-48-4-4.6.
(7) Dealing in a counterfeit substance under IC 35-48-4-5.
(8) Dealing in marijuana, hash oil, or hashish under
IC 35-48-4-10(b).
(9) Conspiracy under IC 35-41-5-2 to commit an offense listed
in clauses (1) through (8).
(10) Attempt under IC 35-41-5-1 to commit an offense listed in
clauses (1) through (9).
(11) An offense in any other jurisdiction in which the elements
of the offense for which the conviction was entered are
substantially similar to the elements of an offense described
under clauses (1) through (10).
(12) A violation of any federal or state drug law or rule related
to wholesale legend drug distributors licensed under
IC 25-26-14.
(i) A decision of the department under subsections (b) through (h)
may be appealed to the commission under IC 4-21.5-3-7.
(j) The department may temporarily suspend a practitioner's
license under IC 4-21.5-4 before a final adjudication or during the
appeals process if the department finds that a practitioner represents
a clear and immediate danger to the public's health, safety, or
property if the practitioner is allowed to continue to practice.
(k) On receipt of a complaint or an information alleging that a
person licensed under this chapter has engaged in or is engaging in
a practice that jeopardizes the public health, safety, or welfare, the
department shall initiate an investigation against the person.
(l) Any complaint filed with the office of the attorney general
alleging a violation of this licensing program shall be referred to the
department for summary review and for its general information and
any authorized action at the time of the filing.
(m) The department shall conduct a fact finding investigation as
the department considers proper in relation to the complaint.
(n) The department may reinstate a license that has been
suspended under this section if, after a hearing, the department is
satisfied that the applicant is able to practice with reasonable skill,
safety, and competency to the public. As a condition of
reinstatement, the department may impose disciplinary or corrective
measures authorized under this chapter.
(o) The department may not reinstate a license that has been
revoked under this chapter. An individual whose license has been
revoked under this chapter may not apply for a new license until
seven (7) years after the date of revocation.
(p) The department shall seek to achieve consistency in the
application of sanctions authorized in this chapter. Significant
departures from prior decisions involving similar conduct must be
explained in the department's findings or orders.
(q) A practitioner may petition the department to accept the
surrender of the practitioner's license instead of having a hearing
before the commission. The practitioner may not surrender the
practitioner's license without the written approval of the department,
and the department may impose any conditions appropriate to the
surrender or reinstatement of a surrendered license.
(r) A practitioner who has been subjected to disciplinary sanctions
may be required by the commission to pay the costs of the
proceeding. The practitioner's ability to pay shall be considered when
costs are assessed. If the practitioner fails to pay the costs, a
suspension may not be imposed solely upon the practitioner's
inability to pay the amount assessed. The costs are limited to costs
for the following:
(1) Court reporters.
(2) Transcripts.
(3) Certification of documents.
(4) Photo duplication.
(5) Witness attendance and mileage fees.
(6) Postage.
(7) Expert witnesses.
(8) Depositions.
(9) Notarizations.
As added by P.L.119-2002, SEC.28.
Last modified: May 27, 2006