Sec. 8. (a) The board shall adopt rules that require as a condition to renew a permit under this chapter, that an applicant undergo, not more than once every three (3) years, a peer review conducted in a manner the board specifies.

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Terms Used In Indiana Code 25-2.1-5-8

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
     (b) The rules adopted under subsection (a) must:

(1) be adopted reasonably in advance of the time when a peer review first becomes effective;

(2) include reasonable provision for compliance by an applicant showing that the applicant has in the preceding three (3) years undergone a peer review that is a satisfactory equivalent to the peer review required under this section;

(3) require the firm to allow the administering entity to provide access to the results of its most recently accepted peer review and other objective information specified by the rules to the board;

(4) require, with respect to peer reviews under subdivision (2), that the peer review be subject to review by an oversight committee established or sanctioned by the board that shall:

(A) comply with IC 25-2.1-9-4; and

(B) periodically report to the board on the effectiveness of the review program and provide to the board a listing of firms that have participated in a peer review program; and

(5) subject to section 9 of this chapter and IC 25-2.1-9-4, require, with respect to peer reviews under subdivision (2), that:

(A) the proceedings, records, and work papers of a review committee are privileged and are not subject to discovery, subpoena, or other means of legal process or introduction into evidence in a civil action, arbitration, administrative proceeding, or board proceeding; and

(B) a member of the review committee or individual who was involved in the peer review process is not permitted or required to testify in a civil action, arbitration, administrative proceeding, or board proceeding to matters:

(i) produced, presented, disclosed or discussed during, or in connection with, the peer review process; or

(ii) that involve findings, recommendations, evaluations, opinions, or other actions of the committee or a committee member.

As added by P.L.30-1993, SEC.7. Amended by P.L.190-2007, SEC.10; P.L.197-2011, SEC.78; P.L.168-2016, SEC.5; P.L.83-2024, SEC.5.

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