CHAPTER 9. PENALTIES

IC 16-28-9
    Chapter 9. Penalties

IC 16-28-9-1
Investigations and reports
    Sec. 1. The division shall investigate a report of an unlicensedhealth facility operation and report the division's findings to theattorney general.
As added by P.L.2-1993, SEC.11.

IC 16-28-9-2
Penalty options
    Sec. 2. The attorney general may do any of the following:
        (1) Seek an injunction in the circuit or superior court of thecounty in which the unlicensed health facility is located or inthe circuit or superior court of Marion County.
        (2) Seek relief under IC 4-21.5, including a civil penalty not toexceed twenty-five thousand dollars ($25,000) for each day ofunlicensed operation.
        (3) Seek criminal penalties as provided by section 5 of thischapter.
As added by P.L.2-1993, SEC.11.

IC 16-28-9-3
Interference with investigations; retaliation; failure to correct;interference with correction process
    Sec. 3. (a) A person who intentionally:
        (1) prevents, interferes with, or attempts to impede the work ofan employee of the state department in the investigation andenforcement of any provision of this article;
        (2) prevents or attempts to prevent an employee of the statedepartment from examining any relevant records in the conductof official duties under this article;
        (3) prevents or interferes with an employee of the statedepartment in preserving evidence of the breach of anyprovision of this article;
        (4) retaliates or discriminates against a resident or an employeefor:
            (A) contacting or providing information to any state official;or
            (B) initiating, participating in, or testifying in an actionunder this article; or
        (5) fails to correct or interferes with the correction processwithin the correction period specified on the citation orapproved plan of correction, unless an extension is granted bythe director and the corrections are made before expiration ofthe extension;
commits a Class C misdemeanor.
    (b) In addition to the criminal provisions for violations describedin subsection (a), the commissioner may commence an action under

IC 4-21.5-3-6 or IC 4-21.5-4 for issuance of an order of complianceand a civil penalty not to exceed twenty-five thousand dollars($25,000).
As added by P.L.2-1993, SEC.11.

IC 16-28-9-4
Destruction or falsification of records
    Sec. 4. A person who intentionally destroys or falsifies records ofthe breach of any provision of this article commits a Class D felony.
As added by P.L.2-1993, SEC.11.

IC 16-28-9-5
Unlicensed operation of facilities; advertisement of unlicensedfacilities
    Sec. 5. A person who:
        (1) operates a health facility that is not licensed under thisarticle; or
        (2) advertises by any means the operation of a health facilitythat is not licensed under this article;
commits a Class A misdemeanor.
As added by P.L.2-1993, SEC.11.

IC 16-28-9-6
Imposition of fine
    Sec. 6. The state department may impose a fine not to exceed fivethousand dollars ($5,000) for a violation of a provision of thischapter.
As added by P.L.108-1999, SEC.2.