Indiana Regulation of Physicians

In Indiana, regulations of physicians are found in Burns Ind. Code Ann. §§ 25-22.5-1-1.1 through 25-22.5-12-17.  The minimum requirements for all applicants for an unlimited license to practice medicine or osteopathic medicine in Indiana must include but are not limited to the requirements prescribed by this section.  The applicant must not have a conviction for a crime that has a direct bearing on the applicant’s ability to practice competently.  The applicant shall possess the degree of doctor of medicine or doctor of osteopathy or its equivalent from a medical school which was approved by the board as of the time the degree was conferred.  The applicant shall have successfully passed the examination for licensure or shall have satisfied the requirements for licensure by endorsement as prescribed by the board.  The applicant shall be physically and mentally capable of, and professionally competent to, safely engage in the practice of medicine or osteopathic medicine as determined by the board and shall submit:

(1) To an examination; or

(2) Additional evidence to the board; if considered necessary by the board to determine such capability.  In making that determination, the board may consider any malpractice settlements or judgments against the applicant.

The applicant shall not have had disciplinary action taken against the applicant or the applicant’s license by the board or by the licensing agency of any other state or jurisdiction by reasons of the applicant’s inability to safely practice medicine or osteopathic medicine and those reasons are still valid in the opinion of the board.  The applicant shall have submitted a complete transcript of his educational records, grades, and diploma from his medical school with an English translation thereof.  The applicant shall, at the board’s discretion, make a personal appearance before it.  The applicant shall have completed one (1) year of postgraduate training in a hospital or institution located in the United States, its possessions, or Canada that meets standards set by the board under IC 25-22.5-2-7[i].

The board shall:

(1) Adopt rules concerning examinations;

(2) Prepare and give, or approve the preparation and giving of, an examination which covers those general subjects and topics, a knowledge of which is commonly and generally required, in the opinion of the board, to practice medicine or osteopathic medicine in Indiana; and

(3) Permit a student of an accredited school of medicine to take the examination for licensure if:

(A) The student submits an application to the board to take the examination before the application deadline set by the board; and

(B) The dean of the school certifies that the student is expected to graduate before the results of the examination are published by the board.

Examinations must be:

(1) Given in a way that persons grading the papers will have no knowledge of the identity of an individual being examined; and

(2) Conducted at least semiannually, if there are applicants.

An applicant must achieve a passing score on the examination to qualify for licensure[ii].

Burns Ind. Code Ann. § 25-22.5-5-1 provides that any applicant who successfully passes the examination provided in chapter 4, and who meets all of the requirements of chapter 3, is entitled to be registered as a physician and to receive an unlimited license to practice medicine or osteopathic medicine.  The board in its discretion may register as a physician and may issue by endorsement an unlimited license to practice medicine or osteopathic medicine to any applicant who has:

(1) Complied with the minimum requirements of IC 25-22.5-3; and

(2) Passed an examination:

(A) For licensure in another state or territory of the United States, or Canada; or

(B) Given by a recognized certifying agency approved by the board; if that examination was, in the opinion of the board, equivalent in every respect to Indiana’s examination at the time it was taken.

The board may refuse to issue a license or may issue a probationary license to an applicant for licensure under this section if:

(1) The applicant has been disciplined by an administrative agency in another state or jurisdiction; and

(2) The board determines that the violation for which the applicant was disciplined has a direct bearing on the applicant’s ability to practice competently as a physician in Indiana[iii].

Pursuant to Burns Ind. Code Ann. § 25-22.5-6-1, any physician licensed to practice medicine or osteopathic medicine in this state who intends to retire from practice shall notify the board in writing of the physician’s intention to retire.  Upon receipt of this notice, the board shall record the fact that the physician is retired and excuse the person from further payment of registration fees.  If any physician retires the physician’s license to practice medicine or osteopathic medicine in this state, reinstatement of the license may be considered by the board upon written request.  The board may impose any conditions it considers appropriate to the retirement or to the reinstatement of a retired license.  If any disciplinary proceedings under this chapter are pending against a physician, the physician may not surrender or retire the physician’s license to practice without the written approval of the board.  Any physician licensed to practice medicine or osteopathic medicine in this state who intends to become inactive in the practice of medicine shall notify the board in writing that:

(1) the physician will not maintain an office or practice; and

(2) if the physician does render a service that constitutes the practice of medicine, the physician will not charge a fee for that service.

The board shall then classify the physician’s license as inactive.  The renewal fee of the inactive license is one-half (1/2) of the registration fee.  If a physician holding an inactive license intends to maintain an office or practice or charge a fee for the physician’s medical services, the physician shall notify the board of the intent to reactivate a license to practice medicine or osteopathy.  As a condition of reactivation, the board may require the physician to appear before the board.  This personal appearance shall be to establish the physician’s work history if the physician’s license has been inactive for more than four (4) years and the physician cannot verify active practice history in another jurisdiction during the period in which the physician’s Indiana license has been under inactive status.  Upon:

(1) notification;

(2) receipt of the regular registration fee for a physician’s license, less the amount paid for the current inactive license; and

(3) either:

(A) verification of active licensure in another jurisdiction; or

(B) completion of other reasonable requirements imposed by the board, after the physician’s work history has been established; the board shall reinstate that physician’s license.

A license issued under this article expires biennially on the date established by the licensing agency under IC 25-1-5-4.  On or before the date established by the licensing agency, an applicant for renewal shall pay the biennial renewal fee set by the board under IC 25-1-8-2.  If the holder of a license does not renew the license on or before the date established by the licensing agency, the license expires and becomes invalid without any action taken by the board.  A license that becomes invalid under subsection (b) may be reinstated by the board not later than three (3) years after the invalidation if the holder of the invalid license meets the requirements for reinstatement under IC 25-1-8-6(c).  If a license that becomes invalid under this section is not reinstated by the board not later than three (3) years after its invalidation, the holder of the invalid license must meet the requirements for reinstatement established by the board under IC 25-1-8-6(d).  A licensee whose license is reinstated under subsection (d) may be issued a provisional license under IC 25-22.5-5-2.7.

Burns Ind. Code Ann. § 25-22.5-8-2 provides that the board may adopt rules under IC 25-22.5-2-7 establishing requirements for the reinstatement of a lapsed license[iv].  It is unlawful for any person to practice medicine or osteopathic medicine in this state without holding a license or permit to do so, as provided in this article[v].  A person who violates this article by unlawfully practicing medicine or osteopathic medicine commits a Class C felony.  A person who practices midwifery without the license required under this article commits a Class D felony.  A person who acts as a physician assistant without the license required under IC 25-27.5 commits a Class D felony.  A person who violates this article relating to temporary medical permits, if the violation does not involve the unlawful practice of medicine or osteopathic medicine, commits a Class C misdemeanor[vi].

[i] Burns Ind. Code Ann. § 25-22.5-3-1.

[ii] Burns Ind. Code Ann. § 25-22.5-4-1.

[iii] Burns Ind. Code Ann. § 25-22.5-5-2.

[iv] Burns Ind. Code Ann. § 25-22.5-7-1.

[v] Burns Ind. Code Ann. § 25-22.5-8-1.

[vi] Burns Ind. Code Ann. § 25-22.5-8-3.


Inside Indiana Regulation of Physicians