Section 410 IAC 5.2-4-3 - Denial and disciplinary actionsAuthority: IC 16-41-35-26; IC 16-41-35-28; IC 16-41-35-29
Affected: IC 4-21.5-3-6; IC 16-18-2-199; IC 16-41-35; IC 16-42-19-3
Sec. 3.
(a) A radiology license or permit may be denied or disciplinary action may be taken by the department if the department determines that the person: (1) engaged in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public;(2) engaged in or knowingly cooperated in fraud, forgery, or material deception in order to obtain a radiology license or permit;(3) knowingly allowed one's name or radiology license or permit issued under this article to be used by another individual to provide radiology services;(4) has been convicted for a crime that has a direct bearing on the person's ability to perform their responsibilities competently and in compliance with this article;(5) diverted a legend drug (as defined in IC 16-18-2-199 ) or any other drug or device issued under a drug order (as defined in IC 16-42-19-3 ) to oneself or another individual;(6) develops such physical or mental disability or other condition that continued practice or performance of his or her duties may be dangerous to patients or the public;(7) operated a radiation machine or used radioactive materials while under the influence of alcohol or drugs such that it endangers the public by impairing the person's ability to work safely and competently;(8) abused, verbally abused, or neglected a patient, or misappropriated property of a patient;(9) exercised influence on a patient in such a manner as to exploit the patient for financial gain of the licensee or a third party, which shall include, but not be limited to, the promoting or selling of goods or services;(10) engaged in lewd or immoral conduct in connection with the delivery of services to a patient;(11) engaged in inappropriate contact with a patient or sexually harassed a patient;(12) failed to comply with this article, any rule of the department, or federal regulation;(13) willfully or repeatedly violated an order issued in a disciplinary proceeding;(15) inaccurately recorded, falsified, or altered patient records;(16) provided false or incorrect information to an employer regarding the status of his or her license;(17) abandoned a patient;(18) knowingly operated a radiation machine that did not meet all applicable requirements set forth in 410 IAC 5; or(19) knowingly administered radioactive materials in a manner that did not meet all applicable requirements set forth in 410 IAC 5.(b) On a determination by the department that a breach of this article has occurred, the department may issue an order under IC 4-21.5-3-6 for one (1) or more of the following disciplinary actions: (1) Issue an order for immediate correction of the breach.(2) Issue an order to require training or education.(3) Issue a written reprimand.(4) Place the person on probation.(5) Suspend the person's license or permit for up to one (1) year.(6) Revoke the person's license or permit.(c) In determining appropriate disciplinary actions, the department shall consider the following: (1) Whether the breach occurred in part for reasons outside of the person's control.(2) Whether the person has taken the appropriate steps to reasonably ensure that the breach will not recur.(3) The person's history of breaches of this article.(4) The effect of the breach on the patient.(5) The extent that breach was willful, intentional, or repeated.(d) Upon a revocation of a license or permit, the person shall relinquish his or her license or permit to the department and the license or permit is deemed to be expired.Indiana State Department of Health; 410 IAC 5.2-4-3; filed Nov 27, 2006, 1:48 p.m.: 20061227-IR-410050190FRA; errata filed Jan 17, 2007, 11:14 a.m.: 20070131-IR-410050190ACA; readopted filed Jul 12, 2012, 12:09 p.m.: 20120808-IR-410120265RFAReadopted filed 9/26/2018, 2:48 p.m.: 20181024-IR-410180328RFA