Sec. 10. (a) The board may summarily suspend a practitioner's license for ninety (90) days before a final adjudication or during the appeals process if the board finds that a practitioner represents a clear and immediate danger to the public health and safety if the practitioner is allowed to continue to practice. The summary suspension may be renewed upon a hearing before the board, and each renewal may be for ninety (90) days or less.
(b) Before the board may summarily suspend a license that has been issued under IC 25-22.5, IC 25-38.1, or IC 25-14, the consumer protection division of the attorney general's office shall make a reasonable attempt to notify a practitioner of a hearing by the board to suspend a practitioner's license and of information regarding the allegation against the practitioner. The consumer protection division of the attorney general's office shall also notify the practitioner that the practitioner may provide a written or an oral statement to the board on the practitioner's behalf before the board issues an order for summary suspension. A reasonable attempt to reach the practitioner is made if the consumer protection division of the attorney general's office attempts to reach the practitioner by telephone or facsimile at the last telephone number of the practitioner on file with the board.
(c) After a reasonable attempt is made to notify a practitioner under subsection (b):
(1) a court may not stay or vacate a summary suspension of a practitioner's license for the sole reason that the practitioner was not notified; and
(2) the practitioner may not petition the board for a delay of the summary suspension proceedings.
As added by P.L.152-1988, SEC.1. Amended by P.L.43-1995, SEC.2; P.L.71-2000, SEC.18; P.L.2-2008, SEC.60.
Structure Indiana Code
Title 25. Professions and Occupations
Chapter 9. Health Professions Standards of Practice
25-1-9-4.5. Failure to Provide Human Trafficking Information
25-1-9-5. Optometry Employment Practice
25-1-9-6. Veterinary Practitioners; Cruelty to Animals
25-1-9-6.5. Chiropractors; Waiver of Deductible or Copayment
25-1-9-6.7. Marriage and Family Therapists; Disciplinary Sanctions
25-1-9-6.9. Failing to Provide or Providing False Information to Agency
25-1-9-7. Physical or Mental Examination; Power to Require
25-1-9-8. Failure to Submit to Physical or Mental Examination; Sanctions
25-1-9-9. Disciplinary Sanctions
25-1-9-10. Summary License Suspension Pending Final Adjudication; Notice; Opportunity to Be Heard
25-1-9-10.1. Retention of Clinical Consultants and Experts to Advise on Suspension
25-1-9-11. Reinstatement of Suspended Licenses
25-1-9-12. Reinstatement of Revoked License
25-1-9-13. Consistency of Sanctions Prescribed
25-1-9-14. Surrender of Practitioner's License Instead of Hearing; Approval
25-1-9-15. Costs in Disciplinary Proceedings
25-1-9-16. Refusal of Licensure or Grant of Probationary License
25-1-9-17. Applicant Appearance Before Board
25-1-9-18. Fitness Determination of Health Care Provider; Filing Complaint
25-1-9-19. Third Party Billing Notice
25-1-9-21. Rules; Management and Disposition of Health Records
25-1-9-22. Prohibition on Release of Screening and Test Results