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. (1) Issue a letter of correction.
2. (2) Issue a probationary license.
3. (3) Conduct a resurvey.
4. (4) Deny renewal of a license.
5. (5) Revoke a license.
6. (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. (1) Violation of any of the provisions of this article.
2. (2) Permitting, aiding, or abetting the commission of any illegal act in an institution.
3. (3) Conduct or practice found by the council to be detrimental to the welfare of the patients of an institution.

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

(d) A licensee or an applicant for a license aggrieved by an action under this rule may request review under IC 4-21.5.

(e) The Indiana department of health shall appoint an appeals panel consisting of three (3) members as follows:

1. (1) One (1) member of the executive board.
2. (2) One (1) attorney admitted to the practice of law in Indiana.
3. (3) One (1) individual with qualifications determined by the Indiana department of health.

(f) An employee of the department may not be a member of the panel.

(g) The panel shall conduct proceedings for review of an order issued by an administrative law judge under this rule. The panel is the ultimate authority under IC 4-21.5.

(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)