Authority: IC 25-22.5-2-7

Affected: IC 25-22.5-1-2; IC 25-27.5-5-4; IC 25-27.5-6-1; IC 35-48-2

Sec. 6. It is considered willful misconduct or the incompetent practice as a physician assistant under IC 25-27.5 if a physician assistant licensed by the committee has committed any of the following acts:

1. (1) Held themselves out or permitted another to represent them as a licensed physician.
2. (2) Performed a task other than under the direction or collaboration of a physician licensed by the board.
3. (3) Been delegated or performed a task beyond their competence unless under mitigating circumstances, such as the physician assistant attending to a patient in a life-threatening emergency with no physician immediately available.
4. (4) Used intoxicants or drugs to an extent that they cannot perform competently and with safety as a physician assistant.

5. (5) Been convicted of a felony or other criminal offense involving moral turpitude in this state or any other state, territory, or country. As used in this subdivision, "conviction" includes:

   1. (A) a conviction of an offense that, if committed in this state, would be considered a felony or other criminal offense without regard to its designation elsewhere; or
   2. (B) a criminal proceeding in which a finding or verdict of guilty is made or returned, but the adjudication of guilt is either withheld or not entered thereon.
6. (6) Been adjudicated as mentally or physically incompetent or because of their condition they cannot safely perform as a physician assistant, or both.

7. (7) Failed to:

   1. (A) while on duty, wear a name tag with a designation of physician assistant thereon;
   2. (B) make available for inspection their license as a physician assistant in the office of their primary employment as a physician assistant; or
   3. (C) be of good moral character and abide by ethical standards.
8. (8) Engaged in independent practice or received remuneration for medical services directly from the patient or a third party, except as provided by federal or state law.
9. (9) Failed to collaborate with the collaborating physician designee.
10. (10) Advertised themselves in any way that would mislead the public generally or the patients of the collaborating physician as to the physician assistant's role and status.
11. (11) Failed to maintain certification issued by the NCCPA.
12. (12) Neglected or failed to keep adequate patient records of services performed by the physician assistant or did not submit those encounters for review by the collaborating physician as required by IC 25-27.5-6-1.
13. (13) Failed to follow the request of a patient to be seen, examined, or treated by a physician. If a patient makes that request, the physician assistant and collaborating physician shall take the necessary and appropriate actions to comply with the patient's request.
14. (14) Prescribed the use of a drug or medicine outside of those drugs included in the prescribing authority delegated by the collaborating physician, as identified in the collaboration agreement and prohibited under IC 25-27.5-5-4.
15. (15) Made a diagnosis or instituted a treatment without the authorization of the collaborating physician or physician designee.

(Medical Licensing Board of Indiana; 844 IAC 2.2-2-6; filed May 26, 2000, 8:52 a.m.: 23 IR 2501; readopted filed Nov 16, 2006, 10:49 a.m.: 20061129-IR-844060239RFA; filed Apr 6, 2010, 2:52 p.m.: 20100505-IR-844090164FRA; readopted filed Nov 22, 2016, 12:11 p.m.: 20161221-IR-844160317RFA; readopted filed Nov 22, 2022, 12:22 p.m.: 20221221-IR-844220255RFA; readopted filed Feb 27, 2024, 10:19 a.m.: 20240327-IR-844230772RFA; filed Jun 20, 2025, 3:41 p.m.: 20250716-IR-844240435FRA)