PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
I move that Engrossed Senate Bill 86 be amended to read as follows:
SOURCE: Page 3, line 38; (09)MO008608.3. -->
Page 3, between lines 38 and 39, begin a new paragraph and insert:
SOURCE: IC 16-21-2-5; (09)MO008608.2. -->
"SECTION 2. IC 16-21-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. The governing board
of the hospital is the supreme authority in the hospital and is
responsible for the following:
(1) The management, operation, and control of the hospital.
(2) The appointment, reappointment, and assignment of privileges
members of the medical staff; and
(B) certified direct entry midwives;
with the advice and recommendations of the medical staff,
consistent with the individual training, experience, and other
qualifications of the medical staff or certified direct entry
(3) Establishing requirements for appointments to and continued
service on the hospital's medical staff or as a certified direct
consistent with the appointee's individual
training, experience, and other qualifications, including the
(A) Proof that a medical staff member or certified direct
has qualified as a health care provider under
(B) The performance of patient care and related duties in a
manner that is not disruptive to the delivery of quality medical
care in the hospital setting.
(C) Standards of quality medical care that recognize the
efficient and effective utilization of hospital resources,
developed by the medical staff.
(4) Upon recommendation of the medical staff, establishing
protocols within the requirements of this chapter and 410
IAC 15-1.2-1 for the admission, treatment, and care of patients
with extended lengths of stay.
SOURCE: IC 16-21-2-6; (09)MO008608.3. -->
SECTION 3. IC 16-21-2-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. (a) The governing
board shall report, in writing, to the Indiana medical licensing board
the results and circumstances of a final, a substantive, and an adverse
disciplinary action taken by the governing board regarding:
(1) a physician on the medical staff;
(2) an applicant for the medical staff ; or
(3) a certified direct entry midwife;
if the action results in voluntary or involuntary resignation, termination,
nonappointment, revocation, or significant reduction of clinical
privileges or staff membership. The report shall not be made for
nondisciplinary resignations or for minor disciplinary action.
(b) The governing board and the governing board's employees,
agents, consultants, and attorneys have absolute immunity from civil
liability for communications, discussions, actions taken, and reports
made concerning disciplinary action or investigation taken or
contemplated if the reports or actions are made in good faith and
SOURCE: IC 16-22-3-1; (09)MO008608.4. -->
SECTION 4. IC 16-22-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) The governing
board is the supreme authority in a hospital and is responsible for the
management, control, and operation of the hospital. The board has the
powers and duties set forth in this chapter.
(b) The governing board has the powers granted to boards of
nonprofit corporations under IC 23-17, including the powers to:
(1) join or sponsor membership in organizations and associations
that benefit hospitals;
(2) enter into partnerships and joint ventures;
(3) incorporate other corporations; and
(4) offer to the general public products and services of any
organization, association, partnership, or corporation described
under this subsection;
except to the extent the powers are inconsistent with this article or are
specifically prohibited by law.
(c) In construing subsection (b), the existence of the authority or a
power shall be determined in favor of the hospital if generally
authorized or existing under IC 23-17. A resolution of the governing
board is presumptive evidence of the existence of the hospital's power
under IC 23-17.
(d) The governing board may appoint and specify the privileges of
the medical staff, with the advice and recommendations of the medical
staff in accordance with section 9 of this chapter. The medical staff is
responsible to the board for the clinical and scientific work of the
hospital and shall advise the board regarding professional problems and
SOURCE: IC 16-22-3-9; (09)MO008608.5. -->
SECTION 5. IC 16-22-3-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 9. (a) The governing
board may determine appointments and reappointments:
(1) to the medical staff and delineate privileges of the members
of the medical staff; and
(2) as a certified direct entry midwife and delineate privileges
of the certified direct entry midwife.
(b) All licensed physicians are eligible for membership on the
medical staff of the hospital, but the board may establish and enforce
reasonable standards and rules concerning the qualifications for the
(1) Admission to the medical staff.
(2) Practice in the hospital.
(3) Retention of membership.
(4) The granting of medical staff privileges within the hospital.
(5) The granting of clinical privileges within the hospital to a
certified direct entry midwife and the certified direct entry
midwife's practice in the hospital.
(c) The standards and rules described in subsection (b) may not
discriminate against a licensed physician of any school of medicine but
may, in the interest of good patient care, consider the applicant's
postgraduate medical education, training, experience, and other facts
concerning the applicant that may affect the physician's professional
competence. The rules may include a requirement for the following:
(1) The submission of proof that a medical staff member or
certified direct entry midwife has qualified as a health care
provider under IC 16-18-2-163.
(2) The performance of patient care and related duties in a manner
that is not disruptive to the delivery of quality medical care in the
(3) Standards of quality medical care that recognize the efficient
and effective utilization of hospital resources as developed by the
(d) The medical staff shall originate and the board must approve
bylaws and rules for self-government. The bylaws must provide for a
hearing for a physician whose medical staff membership the medical
staff has recommended for termination.".
SOURCE: Page 25, line 12; (09)MO008608.25. -->
Page 25, line 12, after " individual" insert " :
Page 25, line 13, delete "." and insert " ;
(B) has clinical privileges at a hospital located:
(i) in the county; or
(ii) in a county adjacent to the county;
in which the individual engages in the practice of
(C) notifies each client, before accepting the client for
midwifery care, of the location of the hospital:
(i) at which the individual has privileges; and
(ii) where the client may receive follow-up care by the
individual if complications arise.
Renumber all SECTIONS consecutively.
(Reference is to ESB 86 as printed April 10, 2009.)
MO008608/DI 97 2009