Health care providers under investigation; hearings
Sec. 5. (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.
As added by P.L.1-1998, SEC.26. Amended by P.L.127-1999, SEC.1.
Last modified: May 24, 2006