IC 34-30-15
    Chapter 15. Health Care: Privileged Communications of HealthCare Provider Peer Review Committees

IC 34-30-15-1
Confidentiality; peer review committee proceedings
    Sec. 1. (a) All proceedings of a peer review committee areconfidential.
    (b) All communications to a peer review committee shall beprivileged communications.
    (c) Neither the personnel of a peer review committee nor anyparticipant in a committee proceeding shall reveal any content of:
        (1) communications to;
        (2) the records of; or
        (3) the determination of;
a peer review committee outside of the peer review committee.
    (d) However, the governing board of:
        (1) a hospital;
        (2) a professional health care organization;
        (3) a preferred provider organization (including a preferredprovider arrangement or reimbursement agreement underIC 27-8-11); or
        (4) a health maintenance organization (as defined inIC 27-13-1-19) or a limited service health maintenanceorganization (as defined in IC 27-13-34-4);
may disclose the final action taken with regard to a professionalhealth care provider without violating the provisions of this section.
    (e) Upon approval by the health care facility's governing body, thepeer review committee of a health care facility (as defined inIC 16-40-5-2) may submit or disclose to the agency (as defined inIC 16-40-5-1) the following for purposes of patient safety or qualityof health care matters under IC 16-40-5:
        (1) Communications to the peer review committee.
        (2) Peer review committee proceedings.
        (3) Peer review committee records.
        (4) Determinations by the peer review committee.
Information and materials submitted or disclosed to the agency underthis subsection are confidential and privileged from use as evidencein an administrative or judicial proceeding, and notwithstandingIC 16-40-5, the agency may not release the information or materialoutside the agency. However, the agency may issue a report that isbased upon information or materials submitted or disclosed to theagency by a peer review committee if the report or any otherinformation issued does not disclose the identity of the health carefacility, health care provider, or patient. Information and materialsmay be submitted or disclosed to the agency under this subsectionwithout violating this section or waiving the confidentiality andprivilege attached to the communications, proceedings, records,determinations, or deliberations of the peer review committee.
    (f) Upon its determination, the governing body of a hospital may

report, as part of the hospital's quality assessment and improvementprogram, a determination of a peer review committee of the hospitalregarding an adverse event concerning patient care to the statedepartment of health or another state agency without:
        (1) violating this section; or
        (2) waiving the confidentiality and privilege attached to thecommunications, proceedings, records, determinations, ordeliberations of the peer review committee.
As added by P.L.1-1998, SEC.26. Amended by P.L.101-2007, SEC.4.

IC 34-30-15-2
Confidentiality; peer review committee proceedings; personsattending
    Sec. 2. Except as otherwise provided in this chapter, a person whoattends a peer review committee proceeding shall not be permitted orrequired to disclose:
        (1) any information acquired in connection with or in the courseof a proceeding;
        (2) any opinion, recommendation, or evaluation of thecommittee; or
        (3) any opinion, recommendation, or evaluation of anycommittee member.
As added by P.L.1-1998, SEC.26.

IC 34-30-15-3
Confidentiality; otherwise discoverable information
    Sec. 3. (a) Information that is otherwise discoverable oradmissible from original sources is not immune from discovery oruse in any proceeding merely because it was presented duringproceedings before a peer review committee.
    (b) A member, an employee, an agent of a committee or otherperson appearing before the committee may not be prevented fromtestifying:
        (1) as to matters within the person's knowledge; and
        (2) in accordance with the other provisions of this chapter.
    (c) However, the witness cannot be questioned about thistestimony or other proceedings before the committee or aboutopinions formed by the witness as a result of committee hearings.
As added by P.L.1-1998, SEC.26.

IC 34-30-15-4
Health care providers under investigation; access to records
    Sec. 4. (a) A professional health care provider under investigationshall be permitted at any time to see any records accumulated by apeer review committee pertaining to the provider's personal practice.
    (b) The provider shall be offered the opportunity to appear beforethe peer review committee with adequate representation to hear allcharges and findings concerning the provider's practice and to offerrebuttal information.
    (c) The rebuttal information shall be a part of the record before

any disclosure of the charges and findings under this chapter is made.
As added by P.L.1-1998, SEC.26.

IC 34-30-15-5
Health care providers under investigation; hearings
    Sec. 5. (a) As used in this section, "conflicted medical staffmember" means a professional health care provider who is a memberof a hospital's medical staff and who is determined by the hospital tobe:
        (1) in direct economic competition with the professional healthcare provider against whom the charges have been brought; or
        (2) reasonably unavailable to serve on a peer review committeeof the medical staff.
    (b) Except as provided in section 6(b) of this chapter, if chargesare brought against a professional health care provider in a hospitalthat, if sustained by the governing board of the hospital, could resultin an action against a physician required to be reported to the medicallicensing board under IC 16-21-2-6 or a similar disciplinary actionagainst any other health care provider, the professional health careprovider is entitled to:
        (1) one (1) evidentiary hearing before a peer review committeeof the medical staff; and
        (2) one (1) appeal before the governing board of the hospital ora committee appointed by the governing board.
    (c) If a hospital determines that a peer review committee of themedical staff may not be formed without appointing a conflictedmedical staff member, the hospital:
        (1) may not appoint the conflicted medical staff member to thepeer review committee; and
        (2) shall appoint a professional health care provider who:
            (A) holds the same professional license as the provideragainst 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 undersubsection (c)(2) may not be in direct economic competition with theprofessional health care provider against whom the charges havebeen brought.
As added by P.L.1-1998, SEC.26. Amended by P.L.127-1999, SEC.1.

IC 34-30-15-6
Health care providers under investigation; appeals
    Sec. 6. (a) Any appeal granted to a professional health careprovider under section 5 of this chapter may be held before acommittee of the board of trustees or the full board of trustees of thehospital in which the care under investigation was provided.
    (b) The right to a hearing and appeal under this chapter in regardto cases involving care provided for hospitals, health care facilities,and health care organizations is confined to professional health careproviders who are granted or who have applied for privileges as

independent practitioners. That right is not applicable to anyprofessional health care provider who works in the hospital or healthcare facility solely as an employee or as the employee of anotherindependent professional health care provider.
As added by P.L.1-1998, SEC.26.

IC 34-30-15-7
Health care providers under investigation; health maintenanceorganizations
    Sec. 7. (a) This section applies to:
        (1) a health maintenance organization (as defined inIC 27-13-1-19); or
        (2) a limited service health maintenance organization (asdefined in IC 27-13-34-4).
    (b) Before:
        (1) taking corrective action against a professional health careprovider who is under contract with but not employed by thehealth maintenance organization or limited service healthmaintenance organization; or
        (2) taking action to terminate a contract with a professionalhealth care provider who is not employed by the healthmaintenance organization or limited service health maintenanceorganization;
based upon an evaluation of patient care rendered by the professionalhealth care provider, the organization shall grant the health careprovider affected by the action one (1) evidentiary hearing before apeer review committee of the organization and, at the healthprovider's request, an appeal of the peer review committee's decision.
    (c) Unless otherwise agreed to by the organization and the healthcare provider, the appeal must be limited to a review of the record ofthe hearing before the peer review committee and a review of all orpart of the peer review committee's decision.
    (d) The appeal must be held before the governing board of theorganization or, at the governing board's discretion, before acommittee of the governing board.
    (e) The health care provider is entitled to submit written materialsin support of the appeal and, at the discretion of the governing boardor committee of the board conducting the appeal, the health careprovider may be allowed to present oral argument in support of theappeal.
As added by P.L.1-1998, SEC.26.

IC 34-30-15-8
Confidentiality; persons information may be disclosed to
    Sec. 8. (a) Communications to, the records of, and determinationsof a peer review committee may only be disclosed to:
        (1) the peer review committee of:
            (A) a hospital;
            (B) a nonprofit health care organization (described inIC 34-6-2-117(23));            (C) a preferred provider organization (including a preferredprovider arrangement or reimbursement agreement underIC 27-8-11);
            (D) a health maintenance organization (as defined inIC 27-13-1-19) or a limited service health maintenanceorganization (as defined in IC 27-13-34-4); or
            (E) another health facility;
        (2) the disciplinary authority of the professional organization ofwhich the professional health care provider under question is amember; or
        (3) the appropriate state board of registration and licensure thatthe committee considers necessary for recommendeddisciplinary action;
and shall otherwise be kept confidential for use only within the scopeof the committee's work, unless the professional health care providerhas filed a prior written waiver of confidentiality with the peerreview committee.
    (b) However, if a conflict exists between this section andIC 27-13-31, the provisions of IC 27-13-31 control.
As added by P.L.1-1998, SEC.26.

IC 34-30-15-9
Waiver of privilege
    Sec. 9. Except in cases of required disclosure to the professionalhealth care provider under investigation, no records ordeterminations of or communications to a peer review committeeshall be:
        (1) subject to subpoena or discovery; or
        (2) admissible in evidence;
in any judicial or administrative proceeding, including a proceedingunder IC 34-18-11 (or IC 27-12-11 before its repeal), without a priorwaiver executed by the committee.
As added by P.L.1-1998, SEC.26.

IC 34-30-15-10
Invoking privilege
    Sec. 10. Except in cases as authorized in this chapter, theevidentiary privileges created by this chapter shall be invoked by allwitnesses and organizations in all judicial and administrativeproceedings unless the witness or organization first has a waiver ofthe privilege executed in writing, on behalf of the peer reviewcommittee holding the privilege, by its chairman, vice chairman, orsecretary.
As added by P.L.1-1998, SEC.26.

IC 34-30-15-11
Limited waiver of privilege for attorney general investigation
    Sec. 11. If a waiver of the privilege is executed on behalf of thepeer review committee in favor of the attorney general for thepurpose of conducting an investigation under IC 25-1-7, the records

of, determinations of, or communications to a peer review committeeare confidential and privileged under this section, except for theattorney general's use in an investigation to identify informationotherwise discoverable or admissible from original sources undersection 3 of this chapter.
As added by P.L.1-1998, SEC.26.

IC 34-30-15-12
Subpoena powers of attorney general
    Sec. 12. This chapter does not prevent the attorney general fromobtaining by subpoena as part of an investigation under IC 25-1-7 fora violation under IC 25-1-9:
        (1) the application for privileges or employment completed bythe professional staff member under investigation regardless ofwhether the member is the subject of peer review committeeproceedings;
        (2) except for reports prepared as part of a peer reviewinvestigation, incident reports prepared contemporaneously todocument the circumstances of an accident or unusualoccurrence involving a professional staff member regardless ofwhether the member is the subject of peer review committeeproceedings; or
        (3) information otherwise discoverable from original sources,that is not the communications to, records of, or determinationsof a peer review committee;
from a professional health care provider.
As added by P.L.1-1998, SEC.26.

IC 34-30-15-13
Subpoena powers of attorney general; requirements
    Sec. 13. A subpoena issued by the attorney general to obtain therecords necessary to an investigation shall identify with reasonableparticularity the documents sought and the specific professionalhealth care provider under investigation.
As added by P.L.1-1998, SEC.26.

IC 34-30-15-14
Immunities inapplicable to persons violating confidentialityrequirements
    Sec. 14. The immunities granted by sections 15 through 20 of thischapter shall not extend to any person who violates theconfidentiality requirements of sections 1 through 13 of this chapter.
As added by P.L.1-1998, SEC.26. Amended by P.L.1-1999, SEC.74;P.L.97-2004, SEC.123.

IC 34-30-15-15
Immunity; peer review committee proceedings
    Sec. 15. There is no liability on the part of, and no action of anynature shall arise against, the personnel of a peer review committeefor any act, statement made in the confines of the committee, or

proceeding of the committee made in good faith in regard toevaluation of patient care as that term is defined and limited inIC 34-6-2-44.
As added by P.L.1-1998, SEC.26.

IC 34-30-15-16
Immunity; disclosure of information to peer review committee
    Sec. 16. Notwithstanding any other law, a peer review committee,an organization, or any other person who, in good faith and as awitness or in some other capacity, furnishes records, information, orassistance to a peer review committee that is engaged in:
        (1) the evaluation of the qualifications, competence, orprofessional conduct of a professional health care provider; or
        (2) the evaluation of patient care;
is immune from any civil action arising from the furnishing of therecords, information, or assistance, unless the person knowinglyfurnishes false records or information.
As added by P.L.1-1998, SEC.26.

IC 34-30-15-17
Immunity; good faith determinations regarding evaluation ofpatient care
    Sec. 17. The personnel of a peer review committee shall beimmune from any civil action arising from any determination madein good faith in regard to evaluation of patient care as that term isdefined and limited in IC 34-6-2-44.
As added by P.L.1-1998, SEC.26.

IC 34-30-15-18
Injunctive relief unavailable
    Sec. 18. No restraining order or injunction shall be issued againsta peer review committee or any of the personnel thereof to interferewith the proper functions of the committee acting in good faith inregard to evaluation of patient care as that term is defined and limitedin IC 34-6-2-44.
As added by P.L.1-1998, SEC.26.

IC 34-30-15-19
Immunity; compliance with federal Health Care QualityImprovement Act
    Sec. 19. If the action of the peer review committee meets thestandards specified by this chapter and the federal Health CareQuality Improvement Act of 1986, 42 U.S.C. 11101 et seq., thefollowing persons are not liable for damages under any federal, state,or local law with respect to the action:
        (1) The peer review committee.
        (2) Any person acting as a member or staff to the peer reviewcommittee.
        (3) Any person under a contract or other formal agreement withthe peer review committee.        (4) Any person who participates with or assists the peer reviewcommittee with respect to the action.
As added by P.L.1-1998, SEC.26.

IC 34-30-15-20
Immunity; inapplicable to civil rights laws
    Sec. 20. Section 19 of this chapter does not apply to damagesunder any federal or state law relating to the civil rights of a personincluding:
        (1) the federal Civil Rights Act of 1964, 42 U.S.C. 2000e, etseq.; and
        (2) the federal Civil Rights Act, 42 U.S.C. 1981, et seq.
As added by P.L.1-1998, SEC.26.

IC 34-30-15-21
Use of information for internal business purposes
    Sec. 21. (a) Notwithstanding sections 1 through 14 of this chapter:
        (1) a professional health care provider;
        (2) a peer review committee; and
        (3) the governing board of:
            (A) a hospital;
            (B) a preferred provider organization (including a preferredprovider arrangement or reimbursement agreement underIC 27-8-11);
            (C) a health maintenance organization (as defined inIC 27-13-1-19) or a limited service health maintenanceorganization (as defined in IC 27-13-34-4); or
            (D) a professional health care organization;
may use information obtained by peer review committees forlegitimate internal business purposes.
    (b) Legitimate internal business uses of information obtained bya peer review committee include the following:
        (1) Quality review and assessment.
        (2) Utilization review and management.
        (3) Risk management and incident reporting.
        (4) Safety, prevention, and correction.
        (5) Reduction of morbidity and mortality.
        (6) Scientific, statistical, and educational purposes.
        (7) Legal defense.
As added by P.L.1-1998, SEC.26.

IC 34-30-15-22
Discovery of financial incentives offered provider
    Sec. 22. Evidence of any financial incentive offered to or withheldfrom:
        (1) a private psychiatric hospital licensed under IC 12-25; or
        (2) a preferred provider organization (including a preferredprovider arrangement or reimbursement agreement underIC 27-8-11);
is subject to discovery under Indiana Rules of Trial Procedure unless

specifically protected by statute.
As added by P.L.1-1998, SEC.26.

IC 34-30-15-23
Good faith presumed; malice must be proven
    Sec. 23. In all actions to which this chapter applies, good faithshall be presumed, and malice shall be required to be proven by theperson aggrieved.
As added by P.L.1-1998, SEC.26.