Sec. 1. This chapter applies to the following: (1) Any board, committee, commission, group, organization, or other entity that acts as a physician wellness program. (2) Any member, consultant, participant, or expert witness that comprises or participates in a physician wellness program. (3) Any person who provides or furnishes records or information to a physician […]
Sec. 2. As used in this chapter, “licensed physician” means: (1) an individual who holds an unlimited license to practice medicine in Indiana under IC 25-22.5; (2) a physician with a restricted license; or (3) any: (A) student in training in a medical school approved by the medical licensing board; or (B) intern or resident […]
Sec. 3. As used in this chapter, “wellness program” means any board, committee, commission, group, organization, or other entity that provides services by licensed health care providers and physician peer coaches for the purpose of evaluating or addressing issues concerning the wellness of licensed physicians and career fatigue in licensed physicians. The term does not […]
Sec. 4. (a) Subject to subsection (f), all verbal communication belonging to or performed as part of a wellness program are confidential and privileged and may not be used in any administrative or judicial proceeding. (b) Subject to subsection (f), all minutes, records, reports, written expert opinions, written communications, and other comparable memoranda created or […]
Sec. 5. (a) The exchange of privileged or confidential information between or among one (1) or more wellness programs does not constitute a waiver of any confidentiality or privilege provision established in section 4 of this chapter. (b) The referral of a licensed physician from a wellness program to an impaired physician committee shall not […]
Sec. 6. Nothing in this chapter may be construed to: (1) make confidential, privilege, or otherwise preclude the production or discovery of information or records to any person entitled to the applicable information or records under applicable state or federal law; or (2) abrogate, limit, or restrict any other privacy protection applicable to the information […]
Sec. 7. (a) A: (1) wellness program; (2) director, volunteer, or employee of a wellness program; and (3) physician peer coach or licensed health care provider who evaluates or addresses issues relating to the wellness of a physician as part of a wellness program; may not be named as a party in a civil action […]
Sec. 8. (a) No member, consultant, or participant who participates in a wellness program shall be required to report a licensed physician to the medical licensing board for any act, omission, statement, discovery, or disclosure subject to a wellness program’s consideration or review unless one (1) or more of the following circumstances exist: (1) The […]
Sec. 9. Notwithstanding any other law or provision, no restraining order or injunction may be issued for the purpose of precluding a wellness program from operating in good faith with respect to the issues of licensed physician career fatigue and licensed physician wellness. As added by P.L.101-2021, SEC.1.
