Authority: IC 25-22.5-2-7

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

Sec. 6. It shall be deemed 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 himself or herself out or permitted another to represent him or her as a licensed physician.
2. (2) Performed a task other than under the direction or supervision of a physician licensed by the board.
3. (3) Been delegated a task or performed a task beyond his or her 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 such an extent that he or she is unable to 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 deemed 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 his or her condition renders him or her unable to 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 his or her license as a physician assistant in the office of his or her primary employment as a physician assistant; or
   3. (C) be of good moral character and to 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 work under the supervision of the supervising physician designee.
10. (10) Advertised himself or herself in any manner that would mislead the public generally or the patients of the supervising 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 not submitted those encounters for review by the supervising physician within twenty-four (24) hours of the time services were performed.
13. (13) Failed to follow the request of a patient to be seen, examined, or treated by a physician. In the event a patient makes such a request, the physician assistant and supervising physician shall take all 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 supervising physician as identified in the supervisory agreement and prohibited under IC 25-27.5-5-4.
15. (15) Made a diagnosis or instituted a treatment without the authorization of the supervising 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)