CHAPTER 1. HOSPITAL COUNCIL
IC 16-21
ARTICLE 21. HOSPITALS
IC 16-21-1
Chapter 1. Hospital Council
IC 16-21-1-1
Creation; members; conflicts of interest
Sec. 1. (a) The hospital council is created.
(b) The council consists of nine (9) members appointed by the
governor as follows:
(1) One (1) must be a licensed physician.
(2) One (1) must be a registered nurse licensed under IC 25-23
and experienced in providing acute care services.
(3) Three (3) must be individuals engaged in hospital
administration.
(4) One (1) must be an individual engaged in freestanding
ambulatory outpatient surgical center administration.
(5) One (1) must be from the division of family resources.
(6) One (1) must be the state health commissioner.
(7) One (1) must be an individual who is not associated with
hospitals, except as a consumer.
(c) Except for the members of the council appointed under
subsection (b)(3) and (b)(4), a member of the council may not have
a pecuniary interest in the operation of, or provide professional
services through employment or under contract to, an institution or
agency licensed under this article.
As added by P.L.2-1993, SEC.4. Amended by P.L.13-2000, SEC.1;
P.L.145-2006, SEC.132.
IC 16-21-1-2
Term of office; vacancies; chairman
Sec. 2. All appointments to the council are for four (4) years,
beginning July 1 of the year of appointment, except that in case of a
vacancy the appointee shall serve for the remainder of the unexpired
term. A vacancy shall be filled from the group represented by the
outgoing member. The governor shall appoint a chairman and a
chairman pro tempore.
As added by P.L.2-1993, SEC.4.
IC 16-21-1-3
Per diem; traveling expenses
Sec. 3. A member of the council who is not a state employee is
entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). A member is entitled to reimbursement for
traveling expenses as provided under IC 4-13-1-4 and other expenses
actually incurred in connection with the member's duties, as provided
in the state policies and procedures established by the Indiana
department of administration and approved by the budget agency.
As added by P.L.2-1993, SEC.4.
IC 16-21-1-4
Meetings; quorum
Sec. 4. (a) The first meeting of the council shall be called by the
state health commissioner and held within thirty (30) days after the
appointment of the members of the council. The council shall meet
at least two (2) times each year on dates fixed by the council.
(b) Special meetings of the council shall be called by the secretary
on the written request of any three (3) members of the council.
(c) Five (5) members constitute a quorum for the transaction of all
business.
As added by P.L.2-1993, SEC.4.
IC 16-21-1-5
Secretary; election; term
Sec. 5. In the first meeting of the council and in the first of the
two (2) annual meetings during each subsequent year, the council
shall elect from the members a secretary who shall keep a record of
all meetings. The secretary serves for a term of one (1) year.
As added by P.L.2-1993, SEC.4.
IC 16-21-1-6
Services of experts
Sec. 6. At the request of the council, the state department may
obtain the services of experts or other persons to assist the council in
the formulation of policy or in conducting the council's business.
As added by P.L.2-1993, SEC.4.
IC 16-21-1-7
Rules; requests by department; consideration by department
Sec. 7. (a) Except as provided in subsection (b), the council shall
propose and the executive board may adopt rules under IC 4-22-2
necessary to protect the health, safety, rights, and welfare of patients,
including the following:
(1) Rules pertaining to the operation and management of
hospitals, ambulatory outpatient surgical centers, abortion
clinics, and birthing centers.
(2) Rules establishing standards for equipment, facilities, and
staffing required for efficient and quality care of patients.
(b) The state department may request the council to propose a new
rule or an amendment to an existing rule necessary to protect the
health, safety, rights, and welfare of patients. If the council does not
propose a rule within ninety (90) days of the department's request,
the department may propose its own rule.
(c) The state department shall consider the rules proposed by the
council and may adopt, modify, remand, or reject specific rules or
parts of rules proposed by the council.
As added by P.L.2-1993, SEC.4. Amended by P.L.96-2005, SEC.4.
IC 16-21-1-8
Hospital part functioning as health facility; application of
IC 16-28; application of rules
Sec. 8. For that part of a hospital that functions as a health facility
described by IC 16-28, IC 16-28 applies. The health facilities council
does not have greater authority to adopt rules concerning facilities
that are licensed under this article than the health facilities council
has with regard to health facilities licensed under IC 16-28.
As added by P.L.2-1993, SEC.4.
IC 16-21-1-9
Waiver of rules
Sec. 9. (a) Except as provided in IC 16-29-1-11, the executive
board may, upon recommendation by the state health commissioner
and for good cause, waive a rule:
(1) adopted under this chapter; or
(2) that may be waived under IC 16-28 for a specified time for
a hospital based health facility or a hospital licensed under this
article.
(b) Disapproval of waiver requests requires executive board
action.
(c) A waiver may not adversely affect the health, safety, and
welfare of the residents or patients.
As added by P.L.2-1993, SEC.4.
IC 16-21-1-10
Licensure inspections; disclosure of inspection date; penalties;
reports; release of records to public
Sec. 10. (a) Licensure inspections of an institution or agency shall
be made regularly in accordance with rules adopted under this
chapter. The state department shall make all health and sanitation
inspections, including inspections in response to an alleged breach
of this chapter or rules adopted under this chapter. The division of
fire and building safety shall make all fire safety inspections. The
council may provide for other inspections necessary to implement
this chapter.
(b) An employee of the state department who knowingly or
intentionally informs an institution or agency of the exact date of an
unannounced inspection shall be suspended without pay for five (5)
days for a first offense and shall be dismissed for a subsequent
offense.
(c) Reports of all inspections must be in writing and sent to the
institution or agency.
(d) The report of an inspection and records relating to the
inspection may not be released to the public until the conditions set
forth in IC 16-19-3-25 are satisfied.
As added by P.L.2-1993, SEC.4. Amended by P.L.190-1995, SEC.4;
P.L.1-2006, SEC.295.