SENATE
ENROLLED ACT No. 309
________________
AN ACT to amend the Indiana Code concerning health.
Be it enacted by the General
Assembly of the State of Indiana:
SECTION 1.IC
16-36-1.5-2, AS ADDED BY P.L.145-1996, SECTION 3, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 2. As used in this chapter, "mental
health provider" means any of the following:
(1) A registered nurse
or licensed practical nurse under IC 25-23.
(2) A clinical social worker certified
under IC 25-23.6-5.
(3) A marriage and family therapist
certified under IC 25-23.6-8.
(4) A psychologist licensed under
IC 25-33.
(5) A school psychologist licensed
by the Indiana state board of education.
(6) A drug and alcohol
abuse counselor.
(7) An individual
who claims to be a mental health provider.
SECTION 2. IC 16-36-1.5-4,
AS ADDED BY P.L. 145-1996, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 1997]: Sec. 4. (a) Before providing mental health
services, a mental health provider must obtain written
consent from each patient.
(b) The consent
required under subsection (a) must include a statement that the patient
is consenting only to those mental health services that the mental health
provider is qualified to provide within:
(1) the scope of
the provider’s license, certification, and training ; or
(2) the scope of the license,
certification, and training of those mental health providers directly supervising
the services received by the patient.
However, this subsection does
not apply to employees in a health facility (as defined under IC 12-7-2-38,
IC 12-25, or IC 16-18-1) when the performance of mental health services
is delegated or ordered by a licensed health practitioner and the services
performed are within the practitioner’s scope of practice.
SECTION 3. IC
16-36-1.5-4.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO BE
READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 4.5. Before providing
mental health services, a physician who is licensed under IC 25-22.5 must
obtain consent from each patient as provided in IC 27-12-12.
SECTION 4. IC
16-36-1.5-5, AS ADDED BY P.L. 145-1996, SECTION 3, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 5. A patient who:
(1) receives mental
health services; and
(2) is mentally incompetent;
shall provide consent for mental health
treatment through the informed consent of one (1) of the following:
(1) the patient’s legal
guardian or court appointed representative.
(2) the patient’s health care representative
under IC 16-36-1.
(3) an attorney in fact for health
care appointed under IC 30-5-5-16.
SECTION 5. IC 16-36-1.5-6,
AS ADDED BY P.L. 145-1996, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 1997]: Sec. 6. In order to comply with this chapter, a mental health
provider needs to obtain only one (1) consent for mental health services
for a patient while admitted in or treated as an outpatient at the main
facility or a clinic of any of the following:
(1) A psychiatric
hospital (as defined in IC 12-7-2-151).
(2) A hospital (as defined
in IC 16-18-2-179(b)). or
(3) A community mental health
center (as defined in IC 12-7-2-38).
SECTION 6. IC 16-36-1.5-10
IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 1997]: Sec. 10. A mental health provider shall inform
each patient of the mental health provider about:
(1) the mental health
care provider’s training and credentials;
(2) the reasonably foreseeable
risks and relative benefits of proposed treatments and alternative treatments;
and
(3) the patient’s right to withdraw
consent for treatment at any time.
SECTION 7. IC 25-1-9-4
IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 4. (a) A practitioner
shall conduct the practitioner’s practice in accordance with the standards
established by the board regulating the profession in question and is subject
to the exercise of the disciplinary sanctions under section 9 of this chapter
if , after a hearing, the board finds:
(1) a practitioner has:
(A) engaged in or knowingly
cooperated in fraud or material deception in order to obtain a license
to practice;
(B) engaged in fraud or material
deception in the course of professional services or activities; or
(C) advertised services in a false
or misleading manner;
(2) a practitioner has been convicted
of a crime that has a direct bearing on the practitioner’s ability to continue
to practice competently;
(3) a practitioner has knowingly
violated any state statute or rule, or federal statute or regulation, regulating
the profession in question;
(4) a practitioner has continued
to practice although the practitioner has become unfit to practice due
to:
(A) professional incompetence
that:
(i) includes the undertaking
of professional activities that the practitioner is not qualified by training
or experience to undertake; and
(ii) does not include activities
performed under IC 16-21-2-9;
(B) failure to keep abreast of current
professional theory or practice;
(C) physical or mental disability;
or
(D) addiction to, abuse of, or
severe dependency upon alcohol or other drugs that endanger the public
by impairing a practitioner’s ability to practice safely;
(5) a practitioner has engaged in a
course of lewd or immoral conduct in connection with the delivery of services
to the public;
(6) a practitioner has allowed
the practitioner’s name or a license issued under this chapter to be used
in connection with an individual who renders services beyond the scope
of that individual’s training, experience, or competence;
(7) a practitioner has had disciplinary
action taken against the practitioner or the practitioner’s license to
practice in any other state or jurisdiction on grounds similar to those
under this chapter;
(8) a practitioner has diverted:
(A) a legend drug (as defined
in IC 16-18-2-199); or
(B) any other drug or device issued
under a drug order (as defined in IC 16-42-19-3) for another person; or
(9) a practitioner, except as otherwise
provided by law, has knowingly prescribed, sold, or administered any drug
classified as a narcotic, addicting, or dangerous drug, to a habitué
or addict.
(b) A certified copy of the record
of disciplinary action is conclusive evidence of the other jurisdiction’s
disciplinary action under subsection (a)(7).
SECTION 8. THE
FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 1997]: IC 16-36-1.5-8; IC 16-36-1.5-9.
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