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IC 25-2.1-9-2
Investigation by investigating officer; report; confidentiality of
information
Sec. 2. (a) The board may designate a member or other individual
of appropriate competence to serve as investigating officer to
conduct an investigation.
(b) After the completion of an investigation, the investigating
officer shall file a report with the board.
(c) Unless the board has determined that there is reason to believe
that the subject of an investigation has violated this article or
IC 25-1-11, the report of the investigating officer, the complaint, if
any, the testimony and documents submitted in support of the
complaint or gathered in the investigation, and the fact of pendency
of the investigation are confidential information and may not be
disclosed to any individual except law enforcement authorities and,
to the extent necessary to conduct the investigation, the subject of the
investigation, individuals whose complaints are being investigated,
and witnesses questioned in the course of the investigation.
As added by P.L.30-1993, SEC.7. Amended by P.L.179-1997, SEC.4.
IC 25-2.1-9-3
Disposition of complaint
Sec. 3. (a) If the board has reason to believe that the subject of an
investigation has committed a violation of this article or IC 25-1-11:
(1) the board shall direct that a complaint be issued under
IC 25-1-7, if the subject of the investigation is a licensee; and
(2) the board shall take appropriate action under IC 25-1-7-14,
if the subject of the investigation is not a licensee.
(b) Subsection (a) does not prohibit the board from taking an
action permitted under IC 25-1 or IC 25-2.1-8-2, including an action
under the following:
(1) IC 25-1-4-5 (conditional license and other actions related to
continuing education or lapsed license).
(2) IC 25-1-6-4 (refusal to issue a license or placement on
probationary status).
(c) If the board does not proceed under subsection (a) or (b), the
board shall close the matter and may release the information only
with the consent of the individual or firm that was under
investigation.
As added by P.L.30-1993, SEC.7. Amended by P.L.179-1997, SEC.5;
P.L.84-2010, SEC.20; P.L.197-2011, SEC.82.
IC 25-2.1-9-4
Peer review rating of fail; definitions; peer review after June 30,
2012
Sec. 4. (a) This section applies to a licensee that receives a peer
review rating of fail on a peer review report issued after June 30,
2012, for a peer review conducted under IC 25-2.1-5-8.
(b) The following definitions apply throughout this section:
(1) "Administering entity" refers to the oversight body
established or sanctioned by the board to conduct a peer review
program.
(2) "Director" refers to the director of the division of consumer
protection in the office of the attorney general.
(3) "Oversight committee" refers to a committee of licensees
who are not board members that is designated by the board to
receive a report.
(4) "Report" refers to a peer review report described in
subsection (a), including any description of the deficiencies on
which the peer review rating of fail is based.
(c) The board shall provide the director with the name and contact
information for the administering entity.
(d) Not more than thirty (30) days after the issuance of a report,
the administering entity shall make the report available to the
oversight committee. The oversight committee may forward the
report to the director. Receipt of the report shall be treated under
IC 25-1-7-4, IC 25-1-7-5, and IC 25-1-7-6 as a complaint submitted
by the board. If, after conducting an investigation, the director
believes that a licensee should be subjected to disciplinary sanctions
by the board, the director shall report the director's determination to
the attorney general. Upon receiving the director's report, the
attorney general may prosecute the matter, on behalf of the state of
Indiana, before the board. IC 25-1-7-7(b) does not apply to a
determination related to a complaint filed under this section.
(e) The administering entity and the peer review committee
issuing a report shall cooperate with an investigation under IC 25-1-7
of a complaint filed under this section and with any resulting
proceeding, including compliance with any request for access to or
production of the proceedings, records, and work papers of the
review committee by the director, the office of the attorney general,
or a party to any proceeding initiated as a result of the filing of a
complaint under this section. However, all complaints and
information pertaining to a complaint are confidential until the
attorney general files notice with the board of the attorney general's
intent to prosecute a licensee under IC 25-1-7-7. Any meeting of the
board, the oversight committee, or a designee of the board or
oversight committee that is required in an investigation conducted
before the attorney general files notice of intent to prosecute shall be
conducted as an executive session under IC 5-14-1.5-6.1.
As added by P.L.197-2011, SEC.83.
IC 25-2.1-9-5
Peer review immunity
Sec. 5. An:
(1) entity administering a quality review program before July 1,
2012, or a peer review program after June 30, 2012;
(2) officer, member, or employee of an entity administering a
quality review program before July 1, 2012, or a peer review
program after June 30, 2012;
(3) employee or member of a quality review committee before
July 1, 2012, or a peer review committee after June 30, 2012;
and
(4) entity in which or for which a member of a quality review
committee (before July 1, 2012) or peer review committee (after
June 30, 2012) is a sole proprietor, a partner, a shareholder, a
member, or an employee;
is immune from civil liability that would otherwise arise from
communications, supervision, findings, recommendations,
evaluations, reports, opinions, or other actions taken or omissions
occurring in good faith in the course and scope of the duties of a
quality review administering entity (before July 1, 2012) or peer
review administering entity (after June 30, 2012) or a quality review
committee (before July 1, 2012) or peer review committee (after June
30, 2012) that arise under this article, including the rules adopted by
the board. The immunity granted under this section includes
immunity for an act or omission related to any part of a quality
review conducted under this article before July 1, 2012, that becomes
part of a peer review conducted or peer review report issued after
June 30, 2012.
As added by P.L.197-2011, SEC.84.