Sec. 9. (a) The board may inspect the operations and facilities of an applicant for a license under this chapter to determine whether to issue the applicant a license.

     (b) The board may conduct random inspections at any time for the following reasons:

Terms Used In Indiana Code 25-26-21-9

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • board: refers to the Indiana board of pharmacy established by IC 25-26-13-3. See Indiana Code 25-26-21-1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • provider: means a person engaged in the business of providing home medical equipment services to an unrelated individual in the individual's residence. See Indiana Code 25-26-21-4
(1) To ensure the integrity and effectiveness of the licensing process.

(2) To investigate a consumer complaint or a complaint by a qualified source as identified by the board.

(3) To ensure continuing compliance with the licensing requirements under this chapter.

     (c) The board shall provide the provider a report of the board’s findings after the board completes an investigation under this section.

     (d) A provider that disputes the report in subsection (c) may file an appeal under IC 4-21.5 with the board not later than thirty (30) days after receipt of the report. The board shall review the inspection report and, upon the provider’s request, conduct a new inspection.

     (e) The board shall employ qualified inspectors to investigate complaints and conduct inspections. Investigators may review and audit records under an investigation or inspection during the inspected facility’s normal business hours at the place of business of the provider being investigated.

     (f) The board and the board’s employees may not disclose confidential information obtained during an investigation except:

(1) during a disciplinary hearing held under section 10 of this chapter; or

(2) under a court order.

As added by P.L.122-2005, SEC.1.