Sec. 5. (a) Except as provided in subsections (c) and (d), a person who operates a home health agency under IC 16-27-1 or a personal services agency under IC 16-27-4 may not employ a person to provide services in a patient's or client's temporary or permanent residence if one (1) or more of the following conditions exist:
(1) The person's national criminal history background check or expanded criminal history check indicates that the person has been convicted of any of the following:
(A) A sex crime (IC 35-42-4).
(B) Exploitation of an endangered adult (IC 35-46-1-12).
(C) Failure to report battery, neglect, or exploitation of an endangered adult (IC 35-46-1-13).
(D) Theft, conversion, or receiving stolen property (IC 35-43-4), if the conviction is a:
(i) felony conviction that occurred less than ten (10) years; or
(ii) misdemeanor conviction that occurred less than five (5) years;
before the person's employment application date.
(E) Identity deception (IC 35-43-5-3.5), if the conviction is a:
(i) felony conviction that occurred less than ten (10) years; or
(ii) misdemeanor conviction that occurred less than five (5) years;
before the person's employment application date.
(F) Fraud (IC 35-43-5-4), if the conviction is a:
(i) felony conviction that occurred less than ten (10) years; or
(ii) misdemeanor conviction that occurred less than five (5) years;
before the person's employment application date.
(G) Murder (IC 35-42-1-1).
(H) Voluntary manslaughter (IC 35-42-1-3).
(I) Except as provided in this section, a crime of violence (as defined in IC 35-31.5-2-79), if the person's conviction occurred less than ten (10) years before the person's employment application date.
(J) Felony battery within the previous five (5) years.
(K) A felony offense relating to controlled substances within the previous five (5) years.
(2) The person:
(A) has abused, neglected, or mistreated a patient or misappropriated a patient's property; and
(B) had a finding entered into the state nurse aide registry.
(b) A person who knowingly or intentionally applies for a job as a home health aide or other unlicensed employee at:
(1) a home health agency;
(2) a health care facility; or
(3) an entity in the business of contracting to provide home health aides or other unlicensed employees for a health care facility;
after a conviction of one (1) or more of the offenses listed in subsection (a)(1) commits a Class A infraction.
(c) A home health agency or personal services agency may not employ a person to provide services in a patient's or client's temporary or permanent residence for more than twenty-one (21) calendar days without receipt of that person's national criminal history background check or expanded criminal history check required by section 4 of this chapter, unless the state police department, the Federal Bureau of Investigation under IC 10-13-3-39, or the private agency providing the expanded criminal history check is responsible for failing to provide the person's national criminal history background check or expanded criminal history check to the home health agency or personal services agency within the time required under this subsection.
(d) A home health agency or personal services agency may continue to employ a person to provide services in a patient's or client's temporary or permanent residence if the person:
(1) has a misdemeanor conviction under subsection (a)(1)(D)(ii) or (a)(1)(E)(ii); and
(2) was employed by the home health agency or personal services agency to provide services described in this subsection before July 1, 2025.
[Pre-1993 Recodification Citation: 16-10-2.6-4(b), (c).]
As added by P.L.2-1993, SEC.10. Amended by P.L.178-1993, SEC.7; P.L.148-1997, SEC.2; P.L.2-2003, SEC.49; P.L.212-2005, SEC.15; P.L.197-2007, SEC.10; P.L.134-2008, SEC.12; P.L.177-2009, SEC.6; P.L.84-2010, SEC.5; P.L.158-2013, SEC.232; P.L.214-2013, SEC.19; P.L.51-2016, SEC.6; P.L.142-2020, SEC.18; P.L.171-2025, SEC.5; P.L.85-2026, SEC.6.
