§ 25-1-9-10 — Summary license suspension pending final adjudication; notice; opportunity to be heard

(a) The board may summarily suspend a
practitioner's license for ninety (90) days before a final adjudication or
during the appeals process if the board finds that a practitioner
represents a clear and immediate danger to the public health and safety
if the practitioner is allowed to continue to practice. The summary
suspension may be renewed upon a hearing before the board, and each
renewal may be for ninety (90) days or less.
(b) Before the board may summarily suspend a license that has been
issued under IC 25-22.5, IC 25-38.1, or IC 25-14, the consumer
protection division of the attorney general's office shall make a
reasonable attempt to notify a practitioner of a hearing by the board to
suspend a practitioner's license and of information regarding the
allegation against the practitioner. The consumer protection division of
the attorney general's office shall also notify the practitioner that the
practitioner may provide a written or an oral statement to the board on
the practitioner's behalf before the board issues an order for summary
suspension. A reasonable attempt to reach the practitioner is made if
the consumer protection division of the attorney general's office
attempts to reach the practitioner by telephone or facsimile at the last
telephone number of the practitioner on file with the board.
(c) After a reasonable attempt is made to notify a practitioner under
subsection (b):
(1) a court may not stay or vacate a summary suspension of a
practitioner's license for the sole reason that the practitioner was
not notified; and
(2) the practitioner may not petition the board for a delay of the
summary suspension proceedings.

Legislative History

As added by P.L.152-1988, SEC.1. Amended by P.L.43-1995, SEC.2; P.L.71-2000, SEC.18; P.L.2-2008, SEC.60.