Sec. 1. (a) Before November 1, 2013, the board shall adopt emergency rules in the manner provided under IC 4-22-2-37.1 to establish standards and procedures to do the following:

(1) Receive and review petitions from the attorney general seeking board authorization to examine a physician‘s records and controlled substances inventory and materials to investigate the physician’s controlled substances prescribing practices.

Terms Used In Indiana Code 25-22.5-13-1

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Board: refers to the medical licensing board of Indiana. See Indiana Code 25-22.5-1-1.1
  • Physician: means any person who holds the degree of doctor of medicine or doctor of osteopathy or its equivalent and who holds a valid unlimited license to practice medicine or osteopathic medicine in Indiana. See Indiana Code 25-22.5-1-1.1
  • Statute: A law passed by a legislature.
(2) Authorize, where appropriate, the attorney general to examine records, materials, and inventory relating to the physician’s controlled substance prescribing practices.

(3) Provide safeguards and protections for physicians against unreasonable and oppressive examination authorizations and actions taken to carry out the authorizations, including limitations on interference with regular practice operations and other appropriate due process provisions.

     (b) Before November 1, 2014, the board shall adopt permanent rules under IC 4-22-2 to establish permanent rules for the standards and procedures described in subsection (a).

     (c) An emergency rule adopted under subsection (a) remains in effect until the effective date of the permanent rules adopted under subsection (b).

     (d) The rules adopted under this section do not abrogate or eliminate the attorney general’s investigative authority under IC 4-6-3-3, IC 4-6-10-3, IC 25-1-7-4, or any other applicable statute or rule.

As added by P.L.185-2013, SEC.3.