§ 34-30-15-5 — Health care providers under investigation; hearings

(a) As used in this section, "conflicted
medical staff member" means a professional health care provider who
is a member of a hospital's medical staff and who is determined by the
hospital to be:
(1) in direct economic competition with the professional health
care provider against whom the charges have been brought; or
(2) reasonably unavailable to serve on a peer review committee of
the medical staff.
(b) Except as provided in section 6(b) of this chapter, if charges are
brought against a professional health care provider in a hospital that,
if sustained by the governing board of the hospital, could result in an
action against a physician required to be reported to the medical
licensing board under IC 16-21-2-6 or a similar disciplinary action
against any other health care provider, the professional health care
provider is entitled to:
(1) one (1) evidentiary hearing before a peer review committee of
the medical staff; and
(2) one (1) appeal before the governing board of the hospital or a
committee appointed by the governing board.
(c) If a hospital determines that a peer review committee of the
medical staff may not be formed without appointing a conflicted
medical staff member, the hospital:
(1) may not appoint the conflicted medical staff member to the
peer review committee; and
(2) shall appoint a professional health care provider who:
(A) holds the same professional license as the provider against
whom the charges have been brought; and
(B) is not a member of the hospital's medical staff;
to serve on the peer review committee.
(d) The professional health care provider appointed under
subsection (c)(2) may not be in direct economic competition with the
professional health care provider against whom the charges have been
brought.
[Pre-1998 Recodification Citation: 34-4-12.6-2(e).]

Legislative History

As added by P.L.1-1998, SEC.26. Amended by P.L.127-1999, SEC.1.