Indiana Code 25-42-5-1. Powers of state licensing board
(1) Take adverse action against a nurse’s multistate licensure privilege to practice within that party state, as follows:
Terms Used In Indiana Code 25-42-5-1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(B) For purposes of taking adverse action, the home state licensing board shall:
(i) give the same priority and effect to reported conduct received from a remote state as it would if the conduct had occurred within the home state; and
(ii) apply the home state’s laws to determine appropriate action.
(2) Issue cease and desist orders or impose other encumbrances on a nurse’s authority to practice within that party state.
(3) With respect to pending investigations of a nurse who changes primary state of residence during the course of the investigations, the following:
(A) Complete the investigations.
(B) Take appropriate action.
(4) Issue subpoenas for hearings and investigations that require the attendance and testimony of witnesses and for the production of evidence.
(5) For each nurse licensure applicant:
(A) obtain and submit fingerprints or other biometric based information to the Federal Bureau of Investigation for criminal background checks;
(B) receive the results of the Federal Bureau of Investigation record search on criminal background checks; and
(C) use the results in making licensure decisions.
(6) If otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against the nurse.
(7) Take adverse action based on the factual findings of a remote state, according to the licensing board’s own procedures for the adverse action.
(b) With respect to investigations described in subsection (a)(3):
(1) the licensing board shall promptly report the conclusions of the investigations to the administrator of the coordinated licensure information system; and
(2) the administrator of the coordinated licensure information system shall promptly notify the new home state of any actions taken under subsection (a)(3).
(c) Subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state as described in subsection (a)(4) must be enforced in the other party state:
(1) by a court of competent jurisdiction; and
(2) according to the practice and procedure of the court applicable to subpoenas issued in proceedings pending before the court.
The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.
As added by P.L.135-2019, SEC.5.