Indiana Code 25-22.5-2-8. Implementation of program to investigate violations; penalties; appeal; report certain actions to National Practitioner Data Bank; physician compliance fund
(1) Licensure renewal fraud.
Terms Used In Indiana Code 25-22.5-2-8
- Agency: refers to the Indiana professional licensing agency under IC 25-1-5. See Indiana Code 25-22.5-1-1.1
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: refers to the medical licensing board of Indiana. See Indiana Code 25-22.5-1-1.1
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Fraud: Intentional deception resulting in injury to another.
- Physician: means any person who holds the degree of doctor of medicine or doctor of osteopathy or its equivalent and who holds a valid unlimited license to practice medicine or osteopathic medicine in Indiana. See Indiana Code 25-22.5-1-1.1
(3) Practicing with an expired medical license.
(4) Providing office based anesthesia without the proper accreditation.
(5) Failure to perform duties required for issuing birth or death certificates.
(6) Failure to disclose, or negligent omission of, documentation requested for licensure renewal.
(7) Failure to complete or timely transmit a pregnancy termination form under IC 16-34-2-5, with each failure constituting a separate violation.
(b) An individual who is investigated by the board and found by the board to have committed a violation specified in subsection (a) may appeal the determination made by the board in accordance with IC 4-21.5.
(c) In accordance with the federal Health Care Quality Improvement Act (42 U.S.C. § 11132), the board shall report a disciplinary board action that is subject to reporting to the National Practitioner Data Bank. However, the board may not report board action against a physician for only an administrative penalty described in subsection (a). The board’s action concerning disciplinary action or an administrative penalty described in subsection (a) shall be conducted at a hearing that is open to the public.
(d) The physician compliance fund is established to provide funds for administering and enforcing the investigation of violations specified in subsection (a). The fund shall be administered by the Indiana professional licensing agency.
(e) The expenses of administering the physician compliance fund shall be paid from the money in the fund. The fund consists of penalties collected through investigations and assessments by the board concerning violations specified in subsection (a). Money in the fund at the end of a state fiscal year does not revert to the state general fund.
As added by P.L.149-2011, SEC.5. Amended by P.L.154-2012, SEC.3; P.L.177-2015, SEC.47.