Authority: IC 16-21-1-7

Affected: IC 4-21.5; IC 16-21-1

Sec. 3. (a) The commissioner may take any of the following actions on any of the grounds listed in subsection (b):

(1) Issue a letter of correction.

(2) Issue a probationary license.

(3) Conduct a resurvey.

(4) Deny renewal of a license.

(5) Revoke a license.

(6) Impose a civil penalty in an amount not to exceed ten thousand dollars ($10,000).

(b) The commissioner may take action under subsection (a) on any of the following grounds:

(1) Violation of any of the provisions of this article.

(2) Permitting, aiding, or abetting the commission of an illegal act in an institution.

(3) Conduct or practice found by the council to be detrimental to the welfare of the patients of an institution.

(c) In determining the seriousness of a violation and the specific amount of the civil penalty to be sought for each violation, the commissioner may consider the following:

(1) The potential for harm or imminent threat to patient health.

(2) The extent of deviation from statutory or regulatory requirements.

(3) The degree of willfulness or negligence.

(4) The history of noncompliance.

(d) IC 4-21.5 applies to an action under this section.

(Indiana Department of Health; 410 IAC 15-1.3-3; filed Dec 21, 1994, 9:40 a.m.: 18 IR 1264; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; errata filed Jul 28, 2021, 9:46 a.m.: 20210811-IR-410210315ACA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230639RFA; filed May 1, 2026, 2:32 p.m.: 20260527-IR-410260014FRA)