Sec. 5. (a) As used in this section, "conflicted medical staff member" means a professional health care provider who is a member of a hospital's medical staff and who is determined by the hospital to be:

(1) in direct economic competition with the professional health care provider against whom the charges have been brought; or

(2) reasonably unavailable to serve on a peer review committee of the medical staff.

(b) Except as provided in section 6(b) of this chapter, if charges are brought against a professional health care provider in a hospital that, if sustained by the governing board of the hospital, could result in an action against a physician required to be reported to the medical licensing board under IC 16-21-2-6 or a similar disciplinary action against any other health care provider, the professional health care provider is entitled to:

(1) one (1) evidentiary hearing before a peer review committee of the medical staff; and

(2) one (1) appeal before the governing board of the hospital or a committee appointed by the governing board.

(c) If a hospital determines that a peer review committee of the medical staff may not be formed without appointing a conflicted medical staff member, the hospital:

(1) may not appoint the conflicted medical staff member to the peer review committee; and

(2) shall appoint a professional health care provider who:

(A) holds the same professional license as the provider against whom the charges have been brought; and

(B) is not a member of the hospital's medical staff;

to serve on the peer review committee.

(d) The professional health care provider appointed under subsection (c)(2) may not be in direct economic competition with the professional health care provider against whom the charges have been brought.

[Pre-1998 Recodification Citation: 34-4-12.6-2(e).]

As added by P.L.1-1998, SEC.26. Amended by P.L.127-1999, SEC.1.