1. (a) As used in this section, "board" means a board that regulates a health care provider or a regulated professional under IC 25 .

2. (b) Except as provided in subsection (c), a board may participate in a meeting by any electronic means of communication that does the following:

   1. (1) Allows all participating members of the board to simultaneously communicate with each other.
   2. (2) Allows an individual subject to a hearing on the individual's license to simultaneously communicate with the board.

   3. (3) Allows the public to simultaneously attend and observe the meeting. However, this subdivision does not apply to a meeting held in executive session.

      A member of a board who participates in a meeting by an electronic means of communication is considered present for purposes of establishing a quorum and taking official action.

3. (c) A board shall meet physically in person at least one (1) time per calendar year.

4. (d) A technological failure in an electronic means of communication that disrupts or prevents:

   1. (1) the simultaneous communication between a member who is not physically present at the meeting of a board; or

   2. (2) a member of the public who is not present at the meeting from attending and observing the meeting;

      does not prevent the board from conducting the meeting or affect the validity of an official action taken by members of the board at the meeting if the total number of the board members participating in the meeting, whether electronically or physically, satisfy the quorum requirements, and if official action is taken, the voting requirements of the board are met. Final action may not be taken on an individual's license if a technological failure in an electronic means of communication disrupts or prevents the individual who is subject to the hearing on the individual's license from simultaneously communicating with the board.

5. (e) The memoranda for a meeting prepared under section 4 of this chapter for a meeting held under this section must:

   1. (1) state the name of each member of the board who:

      1. (A) participated in the meeting by using any electronic means of communication; or
      2. (B) was absent; and

   2. (2) identify the electronic means of communication used by:

      1. (A) members of the board to participate in the meeting;
      2. (B) an individual, who was subject to a hearing on the individual's license, to participate in the meeting; and
      3. (C) if the meeting was not held in executive session, the public to attend and observe the meeting.
6. (f) All votes taken during a meeting under this section must be taken by roll call vote.

As added by P.L.148-2023, SEC.1.