845 IAC 1-6-1 - Standards of professional conduct and practice

Authority: IC 25-29-1-3

Affected: IC 25-29

Sec. 1.

A podiatrist shall:

(a) Maintain the confidentiality of all knowledge and information regarding a patient, including, but not limited to, the patient's diagnosis, treatment and prognosis, and of all records relating thereto, about which the podiatrist may learn or otherwise be informed during the course of, or as a result of, the patient-practitioner relationship. Information about a patient shall be disclosed by a podiatrist when required by law, including, but not limited to, the requirements of IC 34-4-12.6-1 [IC 34-4 was repealed by P.L. 1-1998, SECTION 221, effective July 1, 1998.], and IC 16-4-8-1 [IC 16-4 was repealed by P.L. 2-1993, SECTION 209, effective July 1, 1993.], and any amendments thereto, or when authorized by the patient or those responsible for the patient's care.
(b) Give a truthful, candid and reasonably complete account of the patient's condition to the patient or to those responsible for the patient's care, except where a podiatrist reasonably determines that the information is or would be detrimental to the physical or mental health of the patient, or in the case of a minor or incompetent person, except where a practitioner reasonably determines that the information is or would be detrimental to the physical or mental health of those responsible for the patient's care.
(c) Give reasonable written notice to a patient or to those responsible for the patient's care when the podiatrist withdraws from a case so that another practitioner may be employed by the patient or by those responsible for the patient's care. A podiatrist shall not abandon a patient.

A podiatrist who withdraws from a case, except in emergency circumstances, shall, upon written request, and in conformity with the provisions of IC 16-4-8-1 [IC 16-4 was repealed by P.L. 2-1993, SECTION 209, effective July 1, 1993.] through IC 16-4-11 [IC 16-4 was repealed by P.L. 2-1993, SECTION 209, effective July 1, 1993.], and of any subsequent amendment or revision of said statute, make available to his patient or to those responsible for the patient's care, all records, test results, histories, x-rays, radiographic studies, diagnoses, files and information relating to said patient which are in the podiatrist's custody, possession or control, or copies of such documents.

(d) Exercise reasonable care and diligence in the treatment of patients based upon generally accepted and approved scientific principles, methods, treatments, and current professional theory and practice.
(e) Not represent, advertise, state or indicate the possession of any degree recognized as the basis for licensure to practice podiatric medicine and surgery unless the podiatrist is actually licensed on the basis of such degree in the state(s) in which he practices.
(f) Obtain consultation whenever requested to do so by a patient or by those responsible for a patient's care. Further, the podiatrist shall refer a patient to another practitioner in any case where the referring podiatrist does not consider himself qualified to treat the patient, and may refer the patient to another practitioner where the referring podiatrist is unable to diagnose the illness or disease of the patient.
(g)
(1) A podiatrist who has personal knowledge based upon a reasonable belief that another podiatrist has engaged in illegal, unlawful, incompetent or fraudulent conduct in the practice of podiatry shall promptly report such conduct to a peer review or similar body, as defined in IC 34-4-12.6-1(c) [IC 34-4 was repealed by P.L. 1-1998, SECTION 221, effective July 1, 1998.], having jurisdiction over the offending podiatrist and the matter. This provision does not prohibit a podiatrist from promptly reporting said conduct directly to the committee of podiatric medicine. Further, a podiatrist who has personal knowledge of any person engaged in, or attempting to engage in, the unauthorized practice of podiatric medicine, osteopathic medicine or medicine shall promptly report such conduct to the committee of podiatric medicine.
(2) A podiatrist who voluntarily submits himself/herself to, or is otherwise undergoing a course of treatment for, addiction, severe dependency upon alcohol or other drugs or controlled substances, or for psychiatric impairment, where such treatment is sponsored or supervised by an impaired podiatrists committee of a state, regional or local organization of professional health care providers, or where such treatment is sponsored or supervised by an impaired podiatrists committee of a hospital, shall be exempt from reporting to a peer review committee as set forth in subsection (g)(1) or to the committee of podiatric medicine for so long as:
(A) the podiatrist is complying with the course of treatment;
(B) the podiatrist is making satisfactory progress.

If the podiatrist fails to comply with, or is not benefitted by, the course or treatment, the podiatrist chief administrative officer, his designee, or any member of, the impaired podiatrists committee shall promptly report such facts and circumstances to the committee of podiatric medicine. This subsection shall not, in any manner whatsoever, directly or indirectly, be deemed or construed to prohibit, restrict, limit or otherwise preclude the committee of podiatric medicine from taking such action as it deems appropriate or as may otherwise be provided by law.

(h) A podiatrist may administer local anesthesia.
(i) Podiatrists may prescribe and administer drugs necessary in the practice of their profession if they apply to a primary condition or disease of the foot.

A podiatrist with staff privileges within a hospital, medical or health care facility may prescribe such drugs, medicines, or treatments to maintain the health of the patient in conjunction and cooperation with the co-admitting physician, the patient's physician, or the medical director (M.D. or D.O.) of the facility.

(j) The podiatric surgeon of record is responsible for maintaining the health of the patient pre-operatively, operatively, and post-operatively until the patient is discharged from his service, except for the regular long-term or systematic control of systemic diseases that are under the care of a medical or osteopathic physician.
(k) A podiatrist shall not attempt to exonerate himself from or limit his liability to a patient for his personal malpractice, except that a podiatrist may enter into agreements which contain informed, voluntary releases or waivers of liability in settlement of a claim made by a patient or by those responsible for a patient's care.
(l) A podiatrist shall not attempt to preclude, prohibit or otherwise prevent the filing of a complaint against him by a patient or other practitioner for any alleged violation of IC 25-29, 844 IAC 8, or any other law.

Notes

845 IAC 1-6-1
Board of Podiatric Medicine; 845 IAC 1-6-1; filed Apr 12, 1984, 8:28 a.m.: 7 IR 1531; filed Aug 5, 1987, 4:30 p.m.: 10 IR 2726; readopted filed Jun 13, 2001, 11:45 a.m.: 24 IR 3823; readopted filed Jul 19, 2007, 12:55 p.m.: 20070808-IR-845070056RFA; readopted filed November 25, 2013, 9:19 a.m.: 20131225-IR-845130275RFA Readopted filed 11/12/2019, 9:11 a.m.: 20191211-IR-845190075RFA

Transferred from the Medical Licensing Board of Indiana ( 844 IAC 8-6-1 ) to the Board of Podiatric Medicine ( 845 IAC 1-6-1 ) by P.L. 33-1993, SECTION 76, effective July 1, 1993.

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