(b) Except as provided in this section, until the recipient of an inspection report has had ten (10) calendar days to respond to the inspection report the state department may not release to the public:

(2) records relating to the inspection.

     (c) The state department shall release to the public an inspection report and records relating to the inspection earlier than the time stated in subsection (b) if the state department determines that the release is necessary to:

(1) protect the public from an imminent threat to health or safety;

(2) protect the consumers of health services from an imminent threat to health or safety; or

(3) protect the public from a gross deception or fraud.

     (d) The state department shall release to the public an inspection report and records relating to the inspection earlier than the time period in subsection (b):

(1) if the state department orders closure of a regulated entity; or

(2) after receipt of the regulated entity’s written consent to the release of the inspection report and records relating to the inspection.

     (e) With respect to a recipient of an inspection performed by the state department, the period of time described in subsection (b) begins as follows:

(1) If the inspection report is personally delivered to the recipient, on the date of delivery.

(2) If the inspection report is deposited in the United States mail, three (3) days after the date of deposit in the United States mail.

     (f) After an inspection report is released under this section, the inspection report and records relating to the inspection may be inspected and copied as set forth in IC 5-14-3.

As added by P.L.190-1995, SEC.1.