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 thegovernor as follows:
(1) One (1) must be a licensed physician.
(2) One (1) must be a registered nurse licensed under IC 25-23and experienced in providing acute care services.
(3) Three (3) must be individuals engaged in hospitaladministration.
(4) One (1) must be an individual engaged in freestandingambulatory 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 withhospitals, except as a consumer.
(c) Except for the members of the council appointed undersubsection (b)(3) and (b)(4), a member of the council may not havea pecuniary interest in the operation of, or provide professionalservices through employment or under contract to, an institution oragency 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 avacancy the appointee shall serve for the remainder of the unexpiredterm. A vacancy shall be filled from the group represented by theoutgoing member. The governor shall appoint a chairman and achairman 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 isentitled to the minimum salary per diem provided byIC 4-10-11-2.1(b). A member is entitled to reimbursement fortraveling expenses as provided under IC 4-13-1-4 and other expensesactually incurred in connection with the member's duties, as providedin the state policies and procedures established by the Indianadepartment 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 thestate health commissioner and held within thirty (30) days after theappointment of the members of the council. The council shall meetat least two (2) times each year on dates fixed by the council.
(b) Special meetings of the council shall be called by the secretaryon the written request of any three (3) members of the council.
(c) Five (5) members constitute a quorum for the transaction of allbusiness.
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 thetwo (2) annual meetings during each subsequent year, the councilshall elect from the members a secretary who shall keep a record ofall 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 mayobtain the services of experts or other persons to assist the council inthe 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 shallpropose and the executive board may adopt rules under IC 4-22-2necessary to protect the health, safety, rights, and welfare of patients,including the following:
(1) Rules pertaining to the operation and management ofhospitals, ambulatory outpatient surgical centers, abortionclinics, and birthing centers.
(2) Rules establishing standards for equipment, facilities, andstaffing required for efficient and quality care of patients.
(b) The state department may request the council to propose a newrule or an amendment to an existing rule necessary to protect thehealth, safety, rights, and welfare of patients. If the council does notpropose 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 thecouncil and may adopt, modify, remand, or reject specific rules orparts 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 facilitydescribed by IC 16-28, IC 16-28 applies. The health facilities councildoes not have greater authority to adopt rules concerning facilitiesthat are licensed under this article than the health facilities councilhas 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 executiveboard may, upon recommendation by the state health commissionerand 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 fora hospital based health facility or a hospital licensed under thisarticle.
(b) Disapproval of waiver requests requires executive boardaction.
(c) A waiver may not adversely affect the health, safety, andwelfare 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 shallbe made regularly in accordance with rules adopted under thischapter. The state department shall make all health and sanitationinspections, including inspections in response to an alleged breachof this chapter or rules adopted under this chapter. The division offire and building safety shall make all fire safety inspections. Thecouncil may provide for other inspections necessary to implementthis chapter.
(b) An employee of the state department who knowingly orintentionally informs an institution or agency of the exact date of anunannounced inspection shall be suspended without pay for five (5)days for a first offense and shall be dismissed for a subsequentoffense.
(c) Reports of all inspections must be in writing and sent to theinstitution or agency.
(d) The report of an inspection and records relating to theinspection may not be released to the public until the conditions setforth 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.