Sec. 4. (a) This section applies to a licensee that receives a peer review rating of fail for a peer review conducted under IC 25-2.1-5-8.

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Terms Used In Indiana Code 25-2.1-9-4

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
     (b) The following definitions apply throughout this section:

(1) “Administering entity” refers to the 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 the results of a peer review.

     (c) The board shall provide the director with the name and contact information for the administering entity.

     (d) The oversight committee may forward the results of a peer review to the director. Receipt of the results may 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 shall cooperate with an investigation under IC 25-1-7 of a complaint filed 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. Amended by P.L.83-2024, SEC.7.

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