As used in this chapter, the following words have the following meanings:

(1)  “Administrator” means the administrator, division of professional regulation.

(2)  “Approved program” means a program for the education and training of physician assistants formally approved by the American Medical Association’s (A.M.A.’s) Committee on Allied Health, Education and Accreditation, its successor, the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or its successor.

(3)  “Approved program for continuing medical education” means a program for continuing education approved by the American Academy of Physician Assistants (AAPA) or the Accreditation Council for Continuing Medical Education of the American Medical Association (AMA), or the American Academy of Family Physicians (AAPFP) or the American Osteopathic Association Committee on Continuing Medical Education (AOACCME) or any other board-approved program.

(4)  “Board” means the board of licensure of physician assistants.

(5)  “Collaboration” means the physician assistant shall, as indicated by the patient’s condition, the education, competencies, and experience of the physician assistant, and the standards of care, consult with or refer to an appropriate physician or other healthcare professional. The degree of collaboration shall be determined by the practice and includes decisions made by a physician employer, physician group practice, and the credentialing and privileging systems of a licensed hospital, health center, or ambulatory care center. A physician must be accessible at all times for consultation by the physician assistant.

(6)  “Director” means the director of the department of health.

(7)  “Division” means the division of professional regulation, department of health.

(8)  [Deleted by P.L. 2013, ch. 320, § 1 and P.L. 2013, ch. 420, § 1.]

(9)  “Physician” means a person licensed under the provisions of chapter 29 or 37 of this title.

(10)  “Physician assistant” or “PA” means a person who is qualified by academic and practical training to provide medical and surgical services in collaboration with physicians.

(11)  “Unprofessional conduct” includes, but is not limited to, the following items or any combination and may be defined by regulations established by the board with prior approval of the director:

(i)  Fraudulent or deceptive procuring or use of a license;

(ii)  Representation of himself or herself as a physician;

(iii)  Conviction of a felony; conviction of a crime arising out of the practice of medicine. All advertising of medical business that is intended or has a tendency to deceive the public;

(iv)  Abandonment of a patient;

(v)  Dependence upon a controlled substance, habitual drunkenness, or rendering professional services to a patient while intoxicated or incapacitated by the use of drugs;

(vi)  Promotion of the sale of drugs, devices, appliances, or goods or services provided for a patient in a manner that exploits the patient for the financial gain of the physician assistant;

(vii)  Immoral conduct of a physician assistant in the practice of medicine;

(viii)  Willfully making and filing false reports or records;

(ix)  Willful omission to file or record or willfully impeding or obstructing a filing or recording, or inducing another person to omit to file or record medical or other reports as required by law;

(x)  Agreeing with clinical or bioanalytical laboratories to accept payments from these laboratories for individual tests or test series for patients;

(xi)  Practicing with an unlicensed physician or physician assistant or aiding or abetting these unlicensed persons in the practice of medicine;

(xii)  Offering, undertaking, or agreeing to cure or treat a disease by a secret method, procedure, treatment, or medicine;

(xiii)  Professional or mental incompetence;

(xiv)  Surrender, revocation, suspension, limitation of privilege based on quality of care provided, or any other disciplinary action against a license or authorization to practice in another state or jurisdiction; or surrender, revocation, suspension, or any other disciplinary action relating to membership on any medical staff or in any medical professional association, or society while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as stated in this chapter;

(xv)  Any adverse judgment, settlement, or award arising from a medical liability claim related to acts or conduct that would constitute grounds for action as stated in this chapter;

(xvi)  Failure to furnish the board, the administrator, investigator, or representatives, information legally requested by the board;

(xvii)  Violation of any provisions of this chapter or the rules and regulations promulgated by the director or an action, stipulation, or agreement of the board;

(xviii)  Cheating or attempting to subvert the certifying examination;

(xix)  Violating any state or federal law or regulation relating to controlled substances;

(xx)  Medical malpractice;

(xxi)  Sexual contact between a physician assistant and patient during the existence of the physician assistant/patient relationship;

(xxii)  Providing services to a person who is making a claim as a result of a personal injury, who charges or collects from the person any amount in excess of the reimbursement to the physician assistant by the insurer as a condition of providing or continuing to provide services or treatment.