Affected: IC 25-1-9; IC 25-22.5-1
practitioner who has personal knowledge based upon a reasonable belief that
another practitioner holding the same licenses has engaged in illegal,
unlawful, incompetent, or fraudulent conduct in the practice of medicine or
osteopathic medicine shall promptly report such conduct to a peer review or
similar body, as defined in IC
[IC 34-4 was repealed by P.L. 1-1998, SECTION 221, effective July 1,
1998.], having jurisdiction over the offending practitioner and the
matter. This provision does not prohibit a practitioner from promptly reporting
said conduct directly to the medical licensing board. Further, a practitioner
who has personal knowledge of any person engaged in, or attempting to engage
in, the unauthorized practice of medicine or osteopathic medicine shall
promptly report such conduct to the medical licensing board.
A practitioner who voluntarily submits
himself/herself to, or is otherwise undergoing a course of, treatment for
addiction, severe dependency upon alcohol or other drugs or controlled
substances, or for psychiatric impairment, where such treatment is sponsored or
supervised by an impaired physicians' committee of a state, regional, or local
organization of professional health care providers, or where such treatment is
sponsored or supervised by an impaired physicians' committee of a hospital,
shall be exempt from reporting to a peer review committee as set forth in
subsection (a) or to the medical licensing board for so long as:
(1) the practitioner is complying with the
course of treatment; and
practitioner is making satisfactory progress.
(c) If the practitioner fails to comply with,
or is not benefitted by, the course of treatment, the practitioner-chief
administrative officer, his designee, or any member of the impaired physicians'
committee shall promptly report such facts and circumstances to the medical
licensing board. This section shall not, in any manner whatsoever, directly or
indirectly, be deemed or construed to prohibit, restrict, limit, or otherwise
preclude the medical licensing board from taking such action as it deems
appropriate or as may otherwise be provided by law.