Indiana § 25-27-2-12 - Construction; severability

§ 25-27-2-12. Construction; severability

Sec. 12. CONSTRUCTION AND SEVERABILITY

This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any party state, the Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.

As added by P.L.196-2021, SEC.17.

IC 25-27.5ARTICLE 27.5. PHYSICIAN ASSISTANTS

Ch. 1.Application Ch. 2.Definitions Ch. 3.Physician Assistant Committee Ch. 4.Licensure Ch. 5.Scope of Practice Ch. 6.Supervision of Physician Assistants Ch. 7.Unauthorized Practice; Penalty; Sanctions

IC 25-27.5-1Chapter 1. Application

25-27.5-1-1Application of article 25-27.5-1-2Physician authority to delegate 25-27.5-1-3Prohibition

IC 25-27.5-1-1Application of article Sec. 1. This article does not apply to the following:

(1) A physician assistant trainee or a student enrolled in a physician assistant or a surgeon assistant educational program accredited by an accrediting agency.

(2) A physician assistant employed in the service of the federal government while performing duties incident to that employment.

(3) A health care professional, technician, or other assistant or employee of a physician who performs delegated tasks in the office of a physician but who does not render services as a physician assistant or profess to be a physician assistant.

As added by P.L.227-1993, SEC.11. Amended by P.L.288-2001, SEC.6.

IC 25-27.5-1-2Physician authority to delegate Sec. 2. This article grants a collaborating physician or physician designee the authority to delegate, as the physician determines is appropriate, those tasks or services the physician typically performs and is qualified to perform.

As added by P.L.90-2007, SEC.6. Amended by P.L.247-2019, SEC.5.

IC 25-27.5-1-3Prohibition Sec. 3. This article does not grant authority to a physician assistant to function independently of a physician's supervision.

As added by P.L.90-2007, SEC.7.

IC 25-27.5-2Chapter 2. Definitions

25-27.5-2-1Application of definitions 25-27.5-2-1.5Administer a drug 25-27.5-2-2Approved program 25-27.5-2-3Board 25-27.5-2-4Repealed 25-27.5-2-4.5Repealed 25-27.5-2-4.7"Collaborating physician" 25-27.5-2-4.9"Collaboration" 25-27.5-2-5Committee 25-27.5-2-6"Dependent practice" 25-27.5-2-7Diagnosis 25-27.5-2-7.3Dispense 25-27.5-2-7.5"INSPECT program" 25-27.5-2-8NCCPA 25-27.5-2-9Physician 25-27.5-2-10Physician assistant 25-27.5-2-11"Physician designee" 25-27.5-2-12Prescribe 25-27.5-2-13Repealed 25-27.5-2-14Repealed 25-27.5-2-15Trainee

IC 25-27.5-2-1Application of definitions Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.227-1993, SEC.11.

IC 25-27.5-2-1.5Administer a drug Sec. 1.5. "Administer a drug" means the direct application of a drug, whether by injection, inhalation, ingestion, or any other means, to the body of a patient.

As added by P.L.90-2007, SEC.8.

IC 25-27.5-2-2Approved program Sec. 2. "Approved program" means an educational program for physician assistants accredited:

(1) by the Accreditation Review Commission on Education for the Physician Assistant; or

(2) before January 1, 2001, by:

(A) the Committee on Allied Health Education and Accreditation or its successor organization; or

(B) the Commission on Accreditation of Allied Health Education Programs or its successor organization.

As added by P.L.227-1993, SEC.11. Amended by P.L.288-2001, SEC.7; P.L.177-2009, SEC.49.

IC 25-27.5-2-3Board Sec. 3. "Board" refers to the medical licensing board of Indiana.

As added by P.L.227-1993, SEC.11.

IC 25-27.5-2-4RepealedAs added by P.L.227-1993, SEC.11. Repealed by P.L.288-2001, SEC.18.

IC 25-27.5-2-4.5RepealedAs added by P.L.288-2001, SEC.8. Repealed by P.L.177-2009, SEC.63.

IC 25-27.5-2-4.7"Collaborating physician" Sec. 4.7. "Collaborating physician" means a physician licensed by the board who collaborates with and is responsible for a physician assistant.

As added by P.L.247-2019, SEC.6.

IC 25-27.5-2-4.9"Collaboration" Sec. 4.9. (a) "Collaboration" means overseeing the activities of, and accepting responsibility for, the medical services rendered by a physician assistant and that one (1) of the following conditions is met at all times that services are rendered or tasks are performed by the physician assistant:

(1) The collaborating physician or the physician designee is physically present at the location at which services are rendered or tasks are performed by the physician assistant.

(2) When the collaborating physician or the physician designee is not physically present at the location at which services are rendered or tasks are performed by the physician assistant, the collaborating physician or the physician designee is able to personally ensure proper care of the patient and is:

(A) immediately available through the use of telecommunications or other electronic means; and

(B) able to see the person within a medically appropriate time frame;

for consultation, if requested by the patient or the physician assistant.

(b) The term includes the use of protocols, guidelines, and standing orders developed or approved by the collaborating physician.

As added by P.L.247-2019, SEC.7.

IC 25-27.5-2-5Committee Sec. 5. "Committee" refers to the physician assistant committee established by IC 25-27.5-3-1.

As added by P.L.227-1993, SEC.11. Amended by P.L.2-1995, SEC.98.

IC 25-27.5-2-6"Dependent practice" Sec. 6. "Dependent practice" means the performance of an act, a duty, or a function delegated to a physician assistant by the collaborating physician or physician designee.

As added by P.L.227-1993, SEC.11. Amended by P.L.247-2019, SEC.8.

IC 25-27.5-2-7Diagnosis Sec. 7. "Diagnosis" means to determine the nature of a disease or other physical or mental condition.

As added by P.L.227-1993, SEC.11.

IC 25-27.5-2-7.3Dispense Sec. 7.3. "Dispense" means issuing medical devices or one (1) or more doses of a drug in a suitable container with appropriate labeling for subsequent administration to or use by a patient.

As added by P.L.90-2007, SEC.9.

IC 25-27.5-2-7.5"INSPECT program" Sec. 7.5. "INSPECT program" means the Indiana scheduled prescription electronic collection and tracking program established by IC 25-1-13-4.

As added by P.L.82-2016, SEC.9.

IC 25-27.5-2-8NCCPA Sec. 8. "NCCPA" refers to the National Commission on Certification of Physician Assistants.

As added by P.L.227-1993, SEC.11.

IC 25-27.5-2-9Physician Sec. 9. "Physician" means an individual who:

(1) holds the degree of doctor of medicine or doctor of osteopathy, or an equivalent degree; and

(2) holds an unlimited license under IC 25-22.5 to practice medicine or osteopathic medicine.

As added by P.L.227-1993, SEC.11.

IC 25-27.5-2-10Physician assistant Sec. 10. "Physician assistant" means an individual who:

(1) meets the qualifications under this article; and

(2) is licensed under this article.

As added by P.L.227-1993, SEC.11. Amended by P.L.288-2001, SEC.9; P.L.90-2007, SEC.10; P.L.177-2009, SEC.50.

IC 25-27.5-2-11"Physician designee" Sec. 11. "Physician designee" means a physician:

(1) who:

(A) works in; or

(B) is trained in;

the same practice area as the practice area of the collaborating physician; and

(2) to whom responsibility for the collaboration with a physician assistant is temporarily designated when the collaborating physician is unavailable.

As added by P.L.227-1993, SEC.11. Amended by P.L.90-2007, SEC.11; P.L.3-2008, SEC.189; P.L.247-2019, SEC.9.

IC 25-27.5-2-12Prescribe Sec. 12. "Prescribe" means to direct, order, or designate the use of or manner of using a drug, medicine, or treatment by spoken or written words or other means.

As added by P.L.227-1993, SEC.11.

IC 25-27.5-2-13RepealedAs added by P.L.227-1993, SEC.11. Amended by P.L.197-2011, SEC.117. Repealed by P.L.247-2019, SEC.10.

IC 25-27.5-2-14RepealedAs added by P.L.227-1993, SEC.11. Amended by P.L.90-2007, SEC.12; P.L.3-2008, SEC.190; P.L.197-2011, SEC.118; P.L.102-2013, SEC.1. Repealed by P.L.247-2019, SEC.11.

IC 25-27.5-2-15Trainee Sec. 15. "Trainee" means an individual who is currently enrolled in an approved program.

As added by P.L.227-1993, SEC.11.

IC 25-27.5-3Chapter 3. Physician Assistant Committee

25-27.5-3-1Committee established 25-27.5-3-2Membership 25-27.5-3-3Continuation of practice 25-27.5-3-4Removal of members 25-27.5-3-5Quorum; duties of committee 25-27.5-3-6Rules; fees 25-27.5-3-7Repealed 25-27.5-3-8Compensation of members

IC 25-27.5-3-1Committee established Sec. 1. The physician assistant committee is established.

As added by P.L.227-1993, SEC.11.

IC 25-27.5-3-2Membership Sec. 2. (a) The committee consists of five (5) members appointed by the governor.

(b) Subject to IC 25-1-6.5-3, the committee must include the following:

(1) Three (3) physician assistants who:

(A) are residents of Indiana;

(B) have at least three (3) years experience as physician assistants; and

(C) are licensed under this article.

(2) A physician licensed under IC 25-22.5 who is familiar with the practice of physician assistants.

(3) An individual who:

(A) is a resident of Indiana; and

(B) is not associated with physician assistants in any way other than as a consumer.

(c) A member who is appointed:

(1) before July 1, 2019, serves a term of three (3) years; and

(2) after June 30, 2019, serves a term under IC 25-1-6.5.

As added by P.L.227-1993, SEC.11. Amended by P.L.90-2007, SEC.13; P.L.249-2019, SEC.115.

IC 25-27.5-3-3Continuation of practice Sec. 3. A physician assistant appointed to the committee must continue to practice as a physician assistant while serving as a member of the committee.

As added by P.L.227-1993, SEC.11.

IC 25-27.5-3-4Removal of members Sec. 4. A member of the committee may be removed by the governor under IC 25-1-6.5-4.

As added by P.L.227-1993, SEC.11. Amended by P.L.249-2019, SEC.116.

IC 25-27.5-3-5Quorum; duties of committee Sec. 5. (a) The committee shall have regular meetings, called upon the request of the president or by a majority of the members appointed to the committee for the transaction of business that comes before the committee under this article. At the first committee meeting of each calendar year, the committee shall elect a president and any other officer considered necessary by the committee by an affirmative vote of a majority of the members appointed to the committee.

(b) Three (3) members of the committee constitute a quorum. An affirmative vote of a majority of the members appointed to the committee is required for the committee to take action on any business.

(c) The committee shall do the following:

(1) Consider the qualifications of individuals who apply for an initial license under this article.

(2) Approve or reject license applications.

(3) Approve or reject license renewal applications.

(4) Propose rules to the board concerning the competent practice of physician assistants and the administration of this article.

(5) Recommend to the board the amounts of fees required under this article.

As added by P.L.227-1993, SEC.11. Amended by P.L.90-2007, SEC.14; P.L.177-2009, SEC.51; P.L.197-2011, SEC.119; P.L.207-2021, SEC.50.

IC 25-27.5-3-6Rules; fees Sec. 6. (a) After considering the committee's proposed rules, the board shall adopt rules under IC 4-22-2 establishing standards for the following:

(1) The competent practice of physician assistants.

(2) The renewal of licenses issued under this article.

(3) Standards for the administration of this article.

(b) After considering the committee's recommendations for fees, the board shall establish fees under IC 25-1-8-2.

(c) Before January 1, 2022, the board shall adopt rules under IC 4-22-2 that are required under this article.

As added by P.L.227-1993, SEC.11. Amended by P.L.90-2007, SEC.15; P.L.207-2021, SEC.51.

IC 25-27.5-3-7RepealedAs added by P.L.227-1993, SEC.11. Repealed by P.L.177-2009, SEC.63.

IC 25-27.5-3-8Compensation of members Sec. 8. Each member of the committee who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

As added by P.L.227-1993, SEC.11. Amended by P.L.3-2008, SEC.191.

IC 25-27.5-4Chapter 4. Licensure

25-27.5-4-1License required; conditions 25-27.5-4-2Refusal of licensure; probationary license 25-27.5-4-3Probationary license; conditions 25-27.5-4-4Temporary license 25-27.5-4-5Expiration of license; renewal 25-27.5-4-6Reinstatement of invalid licenses; renewal of expired licenses 25-27.5-4-7Retirement from practice 25-27.5-4-8Reinstatement of surrendered licenses 25-27.5-4-9Inactive status

IC 25-27.5-4-1License required; conditions Sec. 1. An individual must be licensed by the committee before the individual may practice as a physician assistant. The committee may grant a license as a physician assistant to an applicant who does the following:

(1) Submits an application on forms approved by the committee.

(2) Pays the fee established by the board.

(3) Has either:

(A) successfully:

(i) completed an educational program for physician assistants accredited by an approved program; and

(ii) passed the Physician Assistant National Certifying Examination administered by the NCCPA and maintains current NCCPA certification; or

(B) passed the Physician Assistant National Certifying Examination administered by the National Commission on Certification of Physician Assistants before 1986.

(4) Submits to the committee any other information the committee considers necessary to evaluate the applicant's qualifications.

(5) Presents satisfactory evidence to the committee that the individual has not been:

(A) engaged in an act that would constitute grounds for a disciplinary sanction under IC 25-1-9; or

(B) the subject of a disciplinary action by a licensing or certification agency of another state or jurisdiction on the grounds that the individual was not able to practice as a physician assistant without endangering the public.

(6) Is of good moral character.

(7) Has been approved by the board.

As added by P.L.227-1993, SEC.11. Amended by P.L.288-2001, SEC.10; P.L.90-2007, SEC.16; P.L.177-2009, SEC.52.

IC 25-27.5-4-2Refusal of licensure; probationary license Sec. 2. The committee may refuse to issue a license or may issue a probationary license to an individual if:

(1) the individual has been disciplined by an administrative agency in another jurisdiction or been convicted for a crime that has a direct bearing on the individual's ability to practice competently; and

(2) the committee determines that the act for which the individual was disciplined or convicted has a direct bearing on the individual's ability to practice as a physician assistant.

As added by P.L.227-1993, SEC.11. Amended by P.L.90-2007, SEC.17.

IC 25-27.5-4-3Probationary license; conditions Sec. 3. (a) If the committee issues a probationary license under section 2 of this chapter, the committee may require the individual who holds the license to meet at least one (1) of the following conditions:

(1) Report regularly to the committee upon a matter that is the basis for the probation.

(2) Limit practice to areas prescribed by the committee.

(3) Continue or renew professional education.

(4) Engage in community restitution or service without compensation for a number of hours specified by the committee.

(5) Submit to care, counseling, or treatment by a physician designated by the committee for a matter that is the basis for the probation.

(b) The committee shall remove a limitation placed on a probationary license if after a hearing the committee finds that the deficiency that caused the limitation has been remedied.

As added by P.L.227-1993, SEC.11. Amended by P.L.32-2000, SEC.15; P.L.90-2007, SEC.18.

IC 25-27.5-4-4Temporary license Sec. 4. (a) The committee may grant a temporary license to an applicant who meets the qualifications for licensure under section 1 of this chapter but is awaiting the next scheduled meeting of the committee.

(b) A temporary license is valid until the committee makes a final decision on the applicant's request for a license.

As added by P.L.227-1993, SEC.11. Amended by P.L.90-2007, SEC.19; P.L.177-2009, SEC.53.

IC 25-27.5-4-5Expiration of license; renewal Sec. 5. (a) Subject to IC 25-1-2-6(e), a license issued by the committee expires on a date established by the Indiana professional licensing agency under IC 25-1-5-4 in the next even-numbered year following the year in which the license was issued.

(b) An individual may renew a license by paying a renewal fee on or before the expiration date of the license.

(c) If an individual fails to pay a renewal fee on or before the expiration date of a license, the license becomes invalid and must be returned to the committee.

As added by P.L.227-1993, SEC.11. Amended by P.L.1-2006, SEC.468; P.L.90-2007, SEC.20; P.L.3-2008, SEC.192; P.L.177-2015, SEC.65.

IC 25-27.5-4-6Reinstatement of invalid licenses; renewal of expired licenses Sec. 6. (a) The committee shall reinstate an invalid license up to three (3) years after the expiration date of the license if the individual holding the invalid license meets the requirements under IC 25-1-8-6.

(b) If more than three (3) years have elapsed since the date a license expired, the individual holding the license may renew the license by satisfying the requirements for renewal established by the board and meeting the requirements under IC 25-1-8-6.

As added by P.L.227-1993, SEC.11. Amended by P.L.269-2001, SEC.27; P.L.3-2008, SEC.193.

IC 25-27.5-4-7Retirement from practice Sec. 7. (a) An individual who is licensed under this chapter shall notify the committee in writing when the individual retires from practice.

(b) Upon receipt of the notice, the committee shall:

(1) record the fact the individual is retired; and

(2) release the individual from further payment of renewal fees.

As added by P.L.227-1993, SEC.11. Amended by P.L.90-2007, SEC.21.

IC 25-27.5-4-8Reinstatement of surrendered licenses Sec. 8. (a) If an individual surrenders a license to the committee, the committee may reinstate the license upon written request by the individual.

(b) If the committee reinstates a license, the committee may impose conditions on the license appropriate to the reinstatement.

(c) An individual may not surrender a license without written approval by the committee if a disciplinary proceeding under this article is pending against the individual.

As added by P.L.227-1993, SEC.11. Amended by P.L.3-2008, SEC.194.

IC 25-27.5-4-9Inactive status Sec. 9. (a) A physician assistant who notifies the committee in writing may elect to place the physician assistant's license on inactive status.

(b) The renewal fee for an inactive license is one-half (1/2) of the renewal fee to maintain an active license.

(c) If a physician assistant with an inactive license elects to activate the license, the physician assistant shall pay the renewal fee less any of the amount paid for the inactive license.

(d) An individual who holds a license under this article and who practices as a physician assistant while:

(1) the individual's license has lapsed; or

(2) the individual is on inactive status under this section;

is considered to be practicing without a license and is subject to discipline under IC 25-1-9.

As added by P.L.90-2007, SEC.22. Amended by P.L.177-2009, SEC.54.

IC 25-27.5-5Chapter 5. Scope of Practice

25-27.5-5-1Application of chapter 25-27.5-5-2Practice with collaborating physician; examination by physician; collaborative agreement 25-27.5-5-3Agents of collaborating physicians 25-27.5-5-4Prescribing, dispensing, and administering drugs and medical devices 25-27.5-5-4.5INSPECT program report in patient's medical file 25-27.5-5-5Display of license; name tags 25-27.5-5-6Delegation of authority to prescribe drugs and medical devices; filling prescriptions

IC 25-27.5-5-1Application of chapter Sec. 1. (a) This chapter does not apply to the practice of other health care professionals set forth under IC 25-22.5-1-2(a)(1) through IC 25-22.5-1-2(a)(19).

(b) This chapter does not exempt a physician assistant from the requirements of IC 16-41-35-29.

As added by P.L.227-1993, SEC.11. Amended by P.L.90-2007, SEC.23; P.L.247-2019, SEC.12.

IC 25-27.5-5-2Practice with collaborating physician; examination by physician; collaborative agreement Sec. 2. (a) A physician assistant:

(1) must engage in a dependent practice with a collaborating physician; and

(2) may not be independent from the collaborating physician, including any of the activities of other health care providers set forth under IC 25-22.5-1-2(a)(1) through IC 25-22.5-1-2(a)(19).

A physician assistant may perform, under a collaborative agreement, the duties and responsibilities that are delegated by the collaborating physician and that are within the collaborating physician's scope of practice, including prescribing and dispensing drugs and medical devices. A patient may elect to be seen, examined, and treated by the collaborating physician.

(b) If a physician assistant determines that a patient needs to be examined by a physician, the physician assistant shall immediately notify the collaborating physician or physician designee.

(c) If a physician assistant notifies the collaborating physician that the physician should examine a patient, the collaborating physician shall:

(1) schedule an examination of the patient unless the patient declines; or

(2) arrange for another physician to examine the patient.

(d) A collaborating physician or physician assistant who does not comply with subsections (b) and (c) is subject to discipline under IC 25-1-9.

(e) A physician assistant's collaborative agreement with a collaborating physician must:

(1) be in writing;

(2) include all the tasks delegated to the physician assistant by the collaborating physician;

(3) set forth the collaborative agreement for the physician assistant, including the emergency procedures that the physician assistant must follow; and

(4) specify the protocol the physician assistant shall follow in prescribing a drug.

(f) The physician shall submit the collaborative agreement to the board. The physician assistant may prescribe a drug under the collaborative agreement unless the board denies the collaborative agreement. Any amendment to the collaborative agreement must be resubmitted to the board, and the physician assistant may operate under any new prescriptive authority under the amended collaborative agreement unless the agreement has been denied by the board.

(g) A physician or a physician assistant who violates the collaborative agreement described in this section may be disciplined under IC 25-1-9.

As added by P.L.227-1993, SEC.11. Amended by P.L.90-2007, SEC.24; P.L.177-2009, SEC.55; P.L.197-2011, SEC.120; P.L.168-2016, SEC.8; P.L.247-2019, SEC.13.

IC 25-27.5-5-3Agents of collaborating physicians Sec. 3. A physician assistant is the agent of the collaborating physician in the performance of all practice related activities, including the ordering of diagnostic, therapeutic, and other medical services.

As added by P.L.227-1993, SEC.11. Amended by P.L.247-2019, SEC.14.

IC 25-27.5-5-4Prescribing, dispensing, and administering drugs and medical devices Sec. 4. (a) Except as provided in this section, a physician assistant may prescribe, dispense, and administer drugs and medical devices or services to the extent delegated by the collaborating physician.

(b) A physician assistant may not prescribe, dispense, or administer ophthalmic devices, including glasses, contact lenses, and low vision devices.

(c) A physician assistant may use or dispense only drugs prescribed or approved by the collaborating physician, in accordance with IC 25-1-9.3. A physician assistant may not prescribe or dispense a schedule I controlled substance listed in IC 35-48-2-4.

(d) A physician assistant may request, receive, and sign for professional samples and may distribute professional samples to patients if the samples are within the scope of the physician assistant's prescribing privileges delegated by the collaborating physician.

(e) A physician assistant may not prescribe drugs unless the physician assistant has:

(1) graduated from an accredited physician assistant program;

(2) received the required pharmacology training from the accredited program; and

(3) the collaborating physician perform the review required by IC 25-27.5-6-1(c)(1).

(f) A physician assistant may not prescribe, administer, or monitor general anesthesia, regional anesthesia, or deep sedation as defined by the board. A physician assistant may not administer moderate sedation:

(1) if the moderate sedation contains agents in which the manufacturer's general warning advises that the drug should be administered and monitored by an individual who is:

(A) experienced in the use of general anesthesia; and

(B) not involved in the conduct of the surgical or diagnostic procedure; and

(2) during diagnostic tests, surgical procedures, or obstetric procedures unless the following conditions are met:

(A) A physician is physically present in the area, is immediately available to assist in the management of the patient, and is qualified to rescue patients from deep sedation.

(B) The physician assistant is qualified to rescue patients from deep sedation and is competent to manage a compromised airway and provide adequate oxygenation and ventilation by reason of meeting the following conditions:

(i) The physician assistant is certified in advanced cardiopulmonary life support.

(ii) The physician assistant has knowledge of and training in the medications used in moderate sedation, including recommended doses, contraindications, and adverse reactions.

As added by P.L.227-1993, SEC.11. Amended by P.L.90-2007, SEC.25; P.L.197-2011, SEC.121; P.L.102-2013, SEC.2; P.L.135-2015, SEC.1; P.L.28-2019, SEC.17; P.L.211-2019, SEC.39; P.L.247-2019, SEC.15.

IC 25-27.5-5-4.5INSPECT program report in patient's medical file Sec. 4.5. A physician assistant may include a report from the INSPECT program in a patient's medical file. Any disclosure or release of a patient's medical file must be in compliance with IC 25-26-24-19.

As added by P.L.82-2016, SEC.10. Amended by P.L.51-2019, SEC.9.

IC 25-27.5-5-5Display of license; name tags Sec. 5. A physician assistant licensed under IC 25-27.5 shall:

(1) keep the physician assistant's license available for inspection at the primary place of business; and

(2) when engaged in the physician assistant's professional activities, wear a name tag identifying the individual as a physician assistant.

As added by P.L.227-1993, SEC.11. Amended by P.L.90-2007, SEC.26.

IC 25-27.5-5-6Delegation of authority to prescribe drugs and medical devices; filling prescriptions Sec. 6. (a) Except as provided in section 4(d) of this chapter, a collaborating physician may delegate authority to a physician assistant to prescribe:

(1) legend drugs except as provided in section 4(c) of this chapter; and

(2) medical devices (except ophthalmic devices, including glasses, contact lenses, and low vision devices).

(b) A physician assistant who is delegated the authority to prescribe legend drugs or medical devices must do the following:

(1) Enter the following on each prescription form that the physician assistant uses to prescribe a legend drug or medical device:

(A) The signature of the physician assistant.

(B) The initials indicating the credentials awarded to the physician assistant by the NCCPA.

(C) The physician assistant's state license number.

(2) Comply with all applicable state and federal laws concerning prescriptions for legend drugs and medical devices.

(c) A collaborating physician may delegate to a physician assistant the authority to prescribe only legend drugs and medical devices that are within the scope of practice of the licensed collaborating physician or the physician designee.

(d) A physician assistant who is delegated the authority to prescribe controlled substances under subsection (a) and in accordance with the limitations specified in section 4(c) of this chapter must do the following:

(1) Obtain an Indiana controlled substance registration and a federal Drug Enforcement Administration registration.

(2) Enter the following on each prescription form that the physician assistant uses to prescribe a controlled substance:

(A) The signature of the physician assistant.

(B) The initials indicating the credentials awarded to the physician assistant by the NCCPA.

(C) The physician assistant's state license number.

(D) The physician assistant's federal Drug Enforcement Administration (DEA) number.

(3) Comply with all applicable state and federal laws concerning prescriptions for controlled substances.

(e) A collaborating physician may only delegate to a physician assistant the authority to prescribe controlled substances:

(1) that may be prescribed within the scope of practice of the licensed collaborating physician or the physician designee; and

(2) in accordance with the limitations set forth in section 4(c) of this chapter.

(f) Unless the pharmacist has specific knowledge that filling the prescription written by a physician assistant will violate a collaborative agreement or is illegal, a pharmacist shall fill a prescription written by a physician assistant without requiring to see the physician assistant's collaborative agreement.

(g) A prescription written by a physician assistant that complies with this chapter does not require a cosignature from the collaborative physician or physician designee.

As added by P.L.90-2007, SEC.27. Amended by P.L.197-2011, SEC.122; P.L.102-2013, SEC.3; P.L.135-2015, SEC.2; P.L.247-2019, SEC.16.

IC 25-27.5-6Chapter 6. Supervision of Physician Assistants

25-27.5-6-1Continuous collaboration; review of patient encounters 25-27.5-6-2Collaboration agreement limit 25-27.5-6-3Obligations of physicians and physician assistants 25-27.5-6-4Requirements of collaborating physicians 25-27.5-6-5Information required 25-27.5-6-6Delegation of authority to provide volunteer work 25-27.5-6-7Legal responsibility for physician assistants 25-27.5-6-8Physician assistants provide care in emergency

IC 25-27.5-6-1Continuous collaboration; review of patient encounters Sec. 1. (a) Collaboration by the collaborating physician or the physician designee must be continuous but does not require the physical presence of the collaborating physician at the time and the place that the services are rendered.

(b) A collaborating physician or physician designee shall review patient encounters not later than ten (10) business days, and within a reasonable time, as established in the collaborative agreement, after the physician assistant has seen the patient, that is appropriate for the maintenance of quality medical care.

(c) The collaborating physician or physician designee shall review within a reasonable time that is not later than ten (10) business days after a patient encounter, that is appropriate for the maintenance of quality medical care, at least the following percentages of the patient charts:

(1) For the first year in which a physician assistant obtains authority to prescribe, at least ten percent (10%) of the patient's records for any prescription prescribed or administered by the physician assistant.

(2) For each subsequent year of practice of the physician assistant, the percentage of charts that the collaborating physician or physician designee determines to be reasonable for the particular practice setting and level of experience of the physician assistant, as stated in the collaborative agreement, that is appropriate for the maintenance of quality medical care.

(d) Subject to subsection (c), but notwithstanding any other provision of this section, when a physician assistant performs an annual wellness visit, gathers patient information, or performs a health evaluation, including diagnostic screening, during an in-home evaluation that does not involve providing direct treatment or the prescribing of medication, the collaborating physician or physician designee shall review the patient encounter within fourteen (14) business days after the action.

As added by P.L.227-1993, SEC.11. Amended by P.L.197-2011, SEC.123; P.L.102-2013, SEC.4; P.L.135-2015, SEC.3; P.L.247-2019, SEC.17; P.L.190-2023, SEC.10.

IC 25-27.5-6-2Collaboration agreement limit Sec. 2. A physician may enter into a collaborative agreement with more than four (4) physician assistants but may not collaborate with more than four (4) physician assistants at the same time.

As added by P.L.227-1993, SEC.11. Amended by P.L.102-2013, SEC.5; P.L.135-2015, SEC.4; P.L.101-2020, SEC.8.

IC 25-27.5-6-3Obligations of physicians and physician assistants Sec. 3. It is the obligation of each team of collaborating physician and physician assistant to ensure the following:

(1) That the physician assistant's scope of practice is identified.

(2) That delegation of medical tasks is appropriate to the physician assistant's level of competence and within the collaborating physician's scope of practice.

(3) That the relationship of and access to the collaborating physician is defined.

As added by P.L.227-1993, SEC.11. Amended by P.L.247-2019, SEC.18.

IC 25-27.5-6-4Requirements of collaborating physicians Sec. 4. (a) A physician collaborating with a physician assistant must do the following:

(1) Be licensed under IC 25-22.5.

(2) Register with the board the physician's intent to enter into a collaborative agreement with a physician assistant.

(3) Not have a disciplinary action restriction that limits the physician's ability to collaborate with a physician assistant.

(4) Maintain a written agreement with the physician assistant that states the physician will:

(A) work in collaboration with the physician assistant in accordance with any rules adopted by the board; and

(B) retain responsibility for the care rendered by the physician assistant.

The collaborative agreement must be signed by the physician and physician assistant, updated annually, and made available to the board upon request.

(5) Submit to the board a list of locations that the collaborating physician and the physician assistant may practice. The board may request additional information concerning the practice locations to assist the board with considering the written agreement described in subdivision (4).

(b) Except as provided in this section, this chapter may not be construed to limit the employment arrangement with a collaborating physician under this chapter.

As added by P.L.227-1993, SEC.11. Amended by P.L.177-2009, SEC.56; P.L.197-2011, SEC.124; P.L.102-2013, SEC.6; P.L.247-2019, SEC.19.

IC 25-27.5-6-5Information required Sec. 5. (a) Before initiating practice the collaborating physician and the physician assistant must submit, on forms approved by the board, the following information:

(1) The name, the business address, and the telephone number of the collaborating physician.

(2) The name, the business address, and the telephone number of the physician assistant.

(3) A brief description of the setting in which the physician assistant will practice.

(4) Any other information required by the board.

(b) A physician assistant must notify the committee of any changes or additions in practice sites or collaborating physicians not more than thirty (30) days after the change or addition.

As added by P.L.227-1993, SEC.11. Amended by P.L.288-2001, SEC.11; P.L.247-2019, SEC.20.

IC 25-27.5-6-6Delegation of authority to provide volunteer work Sec. 6. The collaborating physician may delegate authority for the physician assistant to provide volunteer work, including charitable work and migrant health care.

As added by P.L.227-1993, SEC.11. Amended by P.L.247-2019, SEC.21.

IC 25-27.5-6-7Legal responsibility for physician assistants Sec. 7. If a physician assistant is employed by a physician, a group of physicians, or another legal entity, the physician assistant must be in collaboration with and be the legal responsibility of the collaborating physician. The legal responsibility for the physician assistant's patient care activities are that of the collaborating physician, including when the physician assistant provides care and treatment for patients in health care facilities. If a physician assistant is employed by a health care facility or other entity, the legal responsibility for the physician assistant's actions is that of the collaborating physician. A physician assistant employed by a health care facility or entity must be in collaboration with a licensed physician.

As added by P.L.227-1993, SEC.11. Amended by P.L.247-2019, SEC.22.

IC 25-27.5-6-8Physician assistants provide care in emergency Sec. 8. (a) This section applies to a physician assistant:

(1) licensed in Indiana or licensed or authorized to practice in any other state or territory of the United States; or

(2) credentialed as a physician assistant by a federal employer.

(b) As used in this section, "emergency" means an event or a condition that is an emergency, a disaster, or a public health emergency under IC 10-14.

(c) A physician assistant who responds to a need for medical care created by an emergency may render care that the physician assistant is able to provide without the collaboration required under this chapter, but with such collaboration as is available.

(d) A physician who collaborates with a physician assistant providing medical care in response to an emergency is not required to meet the requirements under this chapter for a collaborating physician.

As added by P.L.105-2008, SEC.54. Amended by P.L.247-2019, SEC.23.

IC 25-27.5-7Chapter 7. Unauthorized Practice; Penalty; Sanctions

25-27.5-7-1Unauthorized practice 25-27.5-7-2Violations 25-27.5-7-3Sanctions

IC 25-27.5-7-1Unauthorized practice Sec. 1. An individual may not:

(1) profess to be a physician assistant;

(2) use the title "physician assistant", including the use of the title by a physician who is not licensed under IC 25-22.5; or

(3) use the initials "P.A." or any other words, letters, abbreviations, or insignia indicating or implying that the individual is a physician assistant licensed under this article;

unless the individual is licensed under this article. However, use of the initials "PA" by a public accountant who is authorized to use the initials "PA" by IC 25-2.1-12-6 is not a violation of this section.

As added by P.L.227-1993, SEC.11. Amended by P.L.2-1996, SEC.271; P.L.90-2007, SEC.28; P.L.3-2008, SEC.195.

IC 25-27.5-7-2Violations Sec. 2. An individual who violates this chapter commits a Class B misdemeanor.

As added by P.L.227-1993, SEC.11.

IC 25-27.5-7-3Sanctions Sec. 3. In addition to the penalty under section 2 of this chapter, a physician assistant who violates this article is subject to the sanctions under IC 25-1-9.

As added by P.L.227-1993, SEC.11.

IC 25-28ARTICLE 28. BOAT PILOTS

Ch. 1.Regulation of Boat Pilots by Clark County

IC 25-28-1Chapter 1. Regulation of Boat Pilots by Clark County

25-28-1-1Limited right to license 25-28-1-2Bond 25-28-1-3Repealed 25-28-1-4Establishment of pilot's fees 25-28-1-5Revocation of license; grounds; procedure