Breck, Achenbach and Jackson: New Reciprocity Laws for Healthcare Professionals in Indiana

0

Starting March 18, some out-of-state healthcare professionals will have an easier time obtaining licenses and certifications to practice in Indiana. The new credentialing standards set forth in Indiana Code § 25-1-21 (the Reciprocal Status) apply broadly to health care professionals, except social workers, marriage and family therapists, mental health counsellors, addictions counselors and clinical addictions counsellors, and respiratory disease. care practitioners. The laws governing these other health professions already dealt with reciprocity; however, 2021 statutory updates now require relevant professional boards to issue licenses within 30 days of receiving a completed application.

The reciprocal status establishes a streamlined application process for out-of-state healthcare professionals seeking Indiana licensure or certification. Candidates must meet the following conditions:

• Maintain a current license or certification from another state or territory that meets certain equivalencies or minimum standards.

• Not having committed an act in any state or jurisdiction that would constitute grounds for denial, suspension or revocation of a license, certification, registration or permit to practice medicine. occupation in Indiana at the time this act was committed.

• Have no pending complaint or investigation before the professional regulatory body in another state or jurisdiction regarding unprofessional conduct.

• Be in good standing and not have been disciplined by the Indiana agency reviewing and issuing the license or certification.

• Pay the fees required by the Indiana council reviewing the application.

• If required by law, a professional board for a profession may require the applicant to pass an exam specific to Indiana law.

Any nonresident who has obtained a license or certification under the Reciprocity Act is entitled to the same rights and is subject to the same obligations as an Indiana resident who has obtained the same license or certification.

To bridge the gap until a final decision is made on an application, an applicant is entitled to a provisional license or provisional certification without examination. The provisional license or provisional certification must be in the requested profession and at the same level of practice as determined by the relevant board, provided the following additional requirements are met:

• Submission of an affidavit attesting to certain licensing and discipline information.

• No disqualifying criminal record.

• Verification of current license or certification held in another state or jurisdiction.

• Submission of license or certification application and required application fee to applicable Indiana board for review.

Provisional licenses and certifications must be issued within 30 days of submission of a complete application and are valid until the earlier of: (a) 365 days after issuance; b) the date the license or certification application is approved and issued; or (c) the date the license or certification application is denied. A professional board is required to make a final decision on all applications before the provisional license or provisional certification expires.

It is important to note that these reciprocity laws only apply to physicians and osteopathic physicians until July 1, 2026. In 2022, Indiana also passed the Interstate Medical Licensure Compact, which provides an expedited path to obtaining a license in several states, although the IMLC does not. be implemented immediately. The reciprocity status serves as a stopgap to reciprocity for physicians until IMLC is fully implemented.

In addition to reciprocal status, temporary COVID-19-related licensure and certification laws for out-of-state practitioners, retired and inactive emergency medical services personnel and some recent graduates will remain in effect in Indiana until the end of the federal COVID-19 public health emergency. CI 16-31-11.5 and following.; 25-1-5.7 and following. These emergency authorization rules will expire at the end of the COVID-19 public health emergency, which was last renewed on April 16 for a period of 90 days until at least July 15.

Given the changing landscape of laws and reciprocity standards related to temporary licensing and certifications, out-of-state healthcare professionals wishing to practice in Indiana must carefully weigh their options. to determine the application process to follow.•

Andrew W. Breck and Grant M. Achenbach are associated and Shelley M. Jackson is a partner at Krieg DeVault LLP. The opinions expressed are those of the authors.

Share.

About Author

Comments are closed.