Section 410IAC26-3-2. Licensing surveys

   (a) The department will conduct a licensing survey of each abortion clinic at least once every two (2) years. The licensing survey is conducted to ensure that the abortion clinic is operating in compliance with this article.

  (b) Licensing surveys will be conducted during normal business hours of the abortion clinic unless the abortion clinic requests that the survey be conducted during nonbusiness hours.

  (c) The division will notify the clinic of the results of the licensing survey in writing.

  (d) The division may accept as the licensing survey an accreditation or certification survey report from a nationally recognized abortion accreditation or certification agency, association, or organization that is deemed by the division to have survey standards consistent with this article. The clinic may request that the division accept an accreditation or certification survey as the licensing survey. The request must be filed by the clinic with the department following an accreditation or certification survey and prior to a licensing survey. Upon request by the clinic, the division will review the accreditation or certification survey report for the clinic. If the division finds that, based on the accreditation or certification report, the clinic was in compliance with this article, the division will accept the accreditation or certification report as a licensing survey. If, based on the accreditation or certification report, the clinic failed to comply with this article, the division may:

(1) request a plan of correction and evaluate the plan of correction for compliance; or

(2) conduct a licensing survey.

While the division may accept an accreditation or certification survey in place of a licensing survey, over the course of each four (4) year survey period, the division will conduct at least one (1) licensing survey at each clinic. (Indiana State Department of Health; 410 IAC 26-3-2; filed May 11, 2006, 9:36 a.m.: 29 IR 3359; readopted filed Jul 12, 2012, 12:08 p.m.: 20120808-IR-410120196RFA)