Practice Related FAQ's
This information is provided as a resource only and does not constitute legal advice. For legal advice please consutl with an attorney.
I am concerned that I may have a problem with alcohol/drug impairment or abuse. Where can I go to get help?
- You should contact the Indiana State Medical Association Impaired Physicians’ Program, immediately at (317) 261-2060. For more information go to http://www.ismanet.org/resources/assistance/index.htm. Peer review laws allow for a physician to get assistance without the risk of license discipline as long as they are compliant with ISMA’s treatment recommendations.
If I suspect that a colleague has violated the medical practice act, am I obligated to report it?
- A practitioner who has personal knowledge based upon a reasonable belief that another practitioner holding the same licenses has engaged in illegal, unlawful, incompetent, or fraudulent conduct in the practice of medicine SHALL promptly report such conduct to either a peer assistance program, the Board or the Office of the Attorney General.
I want to open a salon and do laser hair removal, what do I need to get to do this?
- The use of a laser is included in the definition of the practice of medicine, which is below. Therefore, only a licensed physician may perform or designate to “an agent” any procedure with a laser, unless provided for in the exclusions section of the statute.
IC25-22-5-1-1.1 Definitions Sec. 1.1 as used in this article:
(a) “practice of medicine or osteopathic medicine” means any one (1) or a combination of the following:
(1) Holding oneself out to the public as being engaged in:
(C) the performing of any kind of surgical operation upon a human being, including tattooing, except for tattooing (as defined in IC 35-42-2-7), in which human tissue is cut, burned or vaporized by the use of any mechanical means, laser, or ionizing radiation, or the penetration of the skin or body orifice by any means, for the intended palliation, relief or cure;”
Can a Pharmacist refuse to fill a prescription?
- Refer to Pharmacy law IC 25-26-13-16 (a) A pharmacist shall exercise his professional judgment in the best interest of the patient’s health when engaging in the practice of pharmacy.
(b) A pharmacist has a duty to honor all prescriptions from a practitioner or from a physician, podiatrist, dentist, or veterinarian licensed under the laws of another state. Before honoring a prescription, the pharmacist shall take reasonable steps to determine whether the prescription has been issued in compliance with the laws of the state where it originated. The pharmacist is immune from criminal prosecution or civil liability if he, in good faith, refuses to honor a prescription because, in his professional judgment, the honoring of the prescription would:
1. Be contrary to law;
2. Be against the best interest of the patient;
3. Aid or abet an addiction or habit; or
4. Be contrary to health and safety of the patient
Can I prescribe for myself and my family?
- Prescribing for yourself and your family is never a good idea; however the law does not prohibit it. If you choose to do so, you need to be sure you are complying with practice standards and keep appropriate records. Physicians have been disciplined by the Board for not keeping records of family members they have treated.
I am going to close my practice what do I need to do?
- See 844 IAC 5-2-16 which includes in part the following:
(a) A practitioner, upon his/her retirement, or upon discontinuation of the practice of medicine or osteopathic medicine, or upon leaving or moving from a community, shall notify all of his/her active patients in writing, or by publication once a week for three (3) consecutive weeks in a newspaper of general circulation in the community, that he/she intends to discontinue his/her practice of medicine or osteopathic medicine in the community, and shall encourage his/her patients to seek the services of another practitioner, provided, however, that this section shall not apply to practitioners solely engaged in internship, residency, preceptorship, fellowship, teaching, or other postgraduate medical education or training programs. The practitioner discontinuing his/her practice shall make reasonable arrangements with his/her active patients for the transfer of his/her records, or copies thereof, to the succeeding practitioner, or to a program conducted by a medical society or association approved by the medical licensing board.
- You may also contact the Indiana State Medical Association as they have written information explaining what steps a physician needs to take to retire/close a practice. You can contact ISMA at (317) 261-2060
I am located in another state and will be reading x-rays or tests of a patient in Indiana. Do I need an Indiana license to perform this?
- Please review IC 25-22.5-1-1.1
“Practice of medicine or osteopathic medicine” means any one or a combination of the following:
(4) Providing diagnostic or treatment services to a person in Indiana when the diagnostic or treatment services:
(a) are transmitted through electronic communications; and
(b) are on a regular, routine, and non-episodic basis or under an oral or written agreement to regularly provide medical services……etc.
- If you meet 4a & b above you would need a license in Indiana before proceeding. If you are unsure you should consult your own counsel.
I have just settled a malpractice action; do I need to report this to the Board?
- All malpractice settlements and/or judgments must be reported on the renewal following the settlement/judgment. You do not need to report it prior to that.