§ 16-41-11-8 — Complaints

Indiana § 16-41-11-8

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 41: PUBLIC HEALTH MEASURES FOR THE
• Ch. 11: Communicable Disease: Training in Health Precautions

Text

(a) A person who believes that this chapter or
rules adopted under this chapter have been violated may file a
complaint with the state department. A complaint must be in writing
unless the violation complained of constitutes an emergency. The state
department shall reduce an oral complaint to writing. The state
department shall maintain the confidentiality of the person who files
the complaint.
(b) The state department shall promptly investigate all complaints
received under this section.
(c) The state department shall not disclose the name or identifying
characteristics of the person who files a complaint under this section
unless:
(1) the person consents in writing to the disclosure; or
(2) the investigation results in an administrative or judicial
proceeding and disclosure is ordered by the administrative law
judge or the court.
(d) The state department shall give a person who files a complaint
under this section the opportunity to withdraw the complaint before
disclosure.
(e) An employee must make a reasonable attempt to ascertain the
correctness of any information to be furnished and may be subject to
disciplinary actions for knowingly furnishing false information,
including suspension or dismissal, as determined by the employer or
the ethics commission. However, an employee disciplined under this
subsection is entitled to process an appeal of the disciplinary action
under any procedure otherwise available to the employee by
employment contract, collective bargaining agreement, or, if the
employee is an employee of the state, IC 4-15-2.2-42.
(f) The employer of an employee who files a complaint in good faith
with the state department under this section may not, solely in
retaliation for filing the complaint, do any of the following:
(1) Dismiss the employee.
(2) Withhold salary increases or employment related benefits
from the employee.
(3) Transfer or reassign the employee.
(4) Deny a promotion that the employee would have received.
(5) Demote the employee.
[Pre-1993 Recodification Citation: 16-10-7-7.]

Legislative History

As added by P.L.2-1993, SEC.24. Amended by P.L.222-2005, SEC.31; P.L.6-2012, SEC.121.