Sec. 21. (a) Subject to subsections (b) and (c), a volunteer health practitioner shall adhere to the scope of practice for a similarly licensed practitioner established by the licensing provisions, practice acts, or other laws of Indiana.

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Terms Used In Indiana Code 10-14-3.5-21

  • department of homeland security: refers to the department of homeland security established by IC 10-19-2-1. See Indiana Code 10-14-3.5-0.5
  • emergency: means an event or condition that is an emergency, a disaster, or a public health emergency under this article. See Indiana Code 10-14-3.5-2
  • entity: means a person other than an individual. See Indiana Code 10-14-3.5-5
  • health practitioner: means an individual licensed under the laws of Indiana or another state to provide health or veterinary services. See Indiana Code 10-14-3.5-7
  • person: means an individual, a corporation, a business trust, a trust, a partnership, a limited liability company, an association, a joint venture, a public corporation, a government or governmental subdivision, an agency, an instrumentality, or another legal or commercial entity. See Indiana Code 10-14-3.5-11
  • scope of practice: means the extent of the authorization to provide health or veterinary services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioner's services are rendered, including conditions imposed by the licensing authority. See Indiana Code 10-14-3.5-12
  • state: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or a territory or an insular possession subject to the jurisdiction of the United States. See Indiana Code 10-14-3.5-13
  • veterinary services: means the provision of treatment, care, advice, guidance, or other services or supplies related to the health or death of an animal or to animal populations to the extent necessary to respond to an emergency, including:

    Indiana Code 10-14-3.5-14

  • volunteer health practitioner: means a health practitioner who provides health or veterinary services, whether or not the practitioner receives compensation for those services. See Indiana Code 10-14-3.5-15
     (b) Except as provided in subsection (c), this chapter does not authorize a volunteer health practitioner to provide services that are outside the practitioner’s scope of practice, even if a similarly licensed practitioner in Indiana would be permitted to provide the services.

     (c) The department of homeland security may modify or restrict the health or veterinary services that volunteer health practitioners may provide under this chapter. An order under this subsection may take effect immediately, without prior notice or comment, and is not a rule within the meaning of IC 4-22-2.

     (d) A host entity may restrict the health or veterinary services that a volunteer health practitioner may provide under this chapter.

     (e) A volunteer health practitioner does not engage in unauthorized practice unless the practitioner has reason to know of a limitation, modification, or restriction under this section or that a similarly licensed practitioner in Indiana would not be permitted to provide the services. A volunteer health practitioner has reason to know of a limitation, modification, or restriction or that a similarly licensed practitioner in Indiana would not be permitted to provide a service if:

(1) the practitioner knows the limitation, modification, or restriction exists or that a similarly licensed practitioner in Indiana would not be permitted to provide the service; or

(2) from all the facts and circumstances known to the practitioner at the relevant time, a reasonable person would conclude that the limitation, modification, or restriction exists or that a similarly licensed practitioner in Indiana would not be permitted to provide the service.

     (f) In addition to the authority granted by laws of Indiana other than this chapter to regulate the conduct of health practitioners, a licensing board or other disciplinary authority in Indiana:

(1) may impose administrative sanctions upon a health practitioner licensed in Indiana for conduct outside of Indiana in response to an out-of-state emergency;

(2) may impose administrative sanctions upon a practitioner not licensed in Indiana for conduct in Indiana in response to an in-state emergency; and

(3) shall report any administrative sanctions imposed upon a practitioner licensed in another state to the appropriate licensing board or other disciplinary authority in any other state in which the practitioner is known to be licensed.

     (g) In determining whether to impose administrative sanctions under subsection (f), a licensing board or other disciplinary authority shall consider the circumstances in which the conduct took place, including any exigent circumstances, and the practitioner’s scope of practice, education, training, experience, and specialized skill.

As added by P.L.134-2008, SEC.3. Amended by P.L.1-2009, SEC.96.

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