Sec. 6.7. In addition to the actions listed under section 4 of this chapter that subject a practitioner to the exercise of disciplinary sanctions, a practitioner who is licensed under IC 25-23.6 is subject to the exercise of disciplinary sanctions under section 9 of this chapter if, after a hearing, the board regulating the profession finds that the practitioner has:
(1) performed any therapy that, by the prevailing standards of the mental health professions in the community where the services were provided, would constitute experimentation on human subjects, without first obtaining full, informed, and written consent;
(2) failed to meet the minimum standards of performance in professional activities when measured against generally prevailing peer performance in professional activities, including the undertaking of activities that the practitioner is not qualified by training or experience to undertake;
(3) performed services, including any duties required of the individual under IC 31, in reckless disregard of the best interests of a patient, a client, or the public;
(4) without the consent of the child's parent, guardian, or custodian, knowingly participated in the child's removal or precipitated others to remove a child from the child's home unless:
(A) the child's physical health was endangered due to injury as a result of the act or omission of the child's parent, guardian, or custodian;
(B) the child had been or was in danger of being a victim of an offense under IC 35-42-4, IC 35-45-4-1, IC 35-45-4-2, IC 35-46-1-3, IC 35-49-2-2, or IC 35-49-3-2; or
(C) the child was in danger of serious bodily harm as a result of the inability, refusal, or neglect of the child's parent, guardian, or custodian to supply the child with necessary food, shelter, or medical care, and a court order was first obtained;
(5) willfully made or filed a false report or record, failed to file a report or record required by law, willfully impeded or obstructed the filing of a report or record, or induced another individual to:
(A) make or file a false report or record; or
(B) impede or obstruct the filing of a report or record; or
(6) performed a diagnosis (as defined in IC 25-22.5-1-1.1(c));
(7) provided evidence in an administrative or judicial proceeding that had insufficient factual basis for the conclusions rendered by the practitioner;
(8) willfully planted in the mind of the patient suggestions that are not based in facts known to the practitioner; or
(9) performed services outside of the scope of practice of the license issued under IC 25-23.6.
As added by P.L.147-1997, SEC.11. Amended by P.L.2-1998, SEC.65.
Structure Indiana Code
Title 25. Professions and Occupations
Chapter 9. Health Professions Standards of Practice
25-1-9-4.5. Failure to Provide Human Trafficking Information
25-1-9-5. Optometry Employment Practice
25-1-9-6. Veterinary Practitioners; Cruelty to Animals
25-1-9-6.5. Chiropractors; Waiver of Deductible or Copayment
25-1-9-6.7. Marriage and Family Therapists; Disciplinary Sanctions
25-1-9-6.9. Failing to Provide or Providing False Information to Agency
25-1-9-7. Physical or Mental Examination; Power to Require
25-1-9-8. Failure to Submit to Physical or Mental Examination; Sanctions
25-1-9-9. Disciplinary Sanctions
25-1-9-10. Summary License Suspension Pending Final Adjudication; Notice; Opportunity to Be Heard
25-1-9-10.1. Retention of Clinical Consultants and Experts to Advise on Suspension
25-1-9-11. Reinstatement of Suspended Licenses
25-1-9-12. Reinstatement of Revoked License
25-1-9-13. Consistency of Sanctions Prescribed
25-1-9-14. Surrender of Practitioner's License Instead of Hearing; Approval
25-1-9-15. Costs in Disciplinary Proceedings
25-1-9-16. Refusal of Licensure or Grant of Probationary License
25-1-9-17. Applicant Appearance Before Board
25-1-9-18. Fitness Determination of Health Care Provider; Filing Complaint
25-1-9-19. Third Party Billing Notice
25-1-9-21. Rules; Management and Disposition of Health Records
25-1-9-22. Prohibition on Release of Screening and Test Results