§ 16-19-3-25 — Inspection report; guidelines for release to public

(a) This section applies to inspections
performed by the state department.
(b) Except as provided in this section, until the recipient of an
inspection report has had ten (10) calendar days to respond to the
inspection report the state department may not release to the public:
(1) the inspection report; or
(2) records relating to the inspection.
(c) The state department shall release to the public an inspection
report and records relating to the inspection earlier than the time stated
in subsection (b) if the state department determines that the release is
necessary to:
(1) protect the public from an imminent threat to health or safety;
(2) protect the consumers of health services from an imminent
threat to health or safety; or
(3) protect the public from a gross deception or fraud.
(d) The state department shall release to the public an inspection
report and records relating to the inspection earlier than the time period
in subsection (b):
(1) if the state department orders closure of a regulated entity; or
(2) after receipt of the regulated entity's written consent to the
release of the inspection report and records relating to the
inspection.
(e) With respect to a recipient of an inspection performed by the
state department, the period of time described in subsection (b) begins
as follows:
(1) If the inspection report is personally delivered to the recipient,
on the date of delivery.
(2) If the inspection report is deposited in the United States mail,
three (3) days after the date of deposit in the United States mail.
(f) After an inspection report is released under this section, the
inspection report and records relating to the inspection may be
inspected and copied as set forth in IC 5-14-3.

Legislative History

As added by P.L.190-1995, SEC.1.