Ind. Code ch. 12-11-16

Ind. Code ch. 12-11-16
in effect

Ind. Code § 12-11-16-1 "Direct support professional"

Sec. 1. As used in this chapter, "direct support professional" means an individual who is: (1) employed by an authorized service provider; (2) paid on an hourly basis; and (3) defined in 460 IAC 6-3-18 (as in effect on January 1, 2023) or 460 IAC 9-1-18 (as in effect on January 1, 2023). As added by P.L.228-2023, SEC.2.

Ind. Code § 12-11-16-2 Direct support professional registry; registry requirements; division's duties regarding registry; prohibited practice; rulemaking; reporting to registry; immunity

Sec. 2. (a) The division shall establish and maintain a direct support professional registry to be made available to authorized division personnel and authorized service providers. The registry must: (1) include a list of direct support professionals who have registered with the division in the manner required by the division; and (2) contain any substantiated incidents for abuse, neglect, and exploitation that meet the criteria established according to subsection (d), as determined by the division for a direct support professional included on the registry. (b) The division shall establish the following: (1) An application to be used for an individual to register for the registry and renew the registration for the registry. (2) An appeals process as provided in IC 4-21.5 concerning an incident involving a direct support professional in which the division has determined the incident meets the criteria established according to subsection (d). (c) Beginning January 1, 2026, and thereafter, an individual may not provide direct support services as a direct support professional in Indiana unless the individual is registered by the division for the registry under this chapter. (d) The division shall adopt rules under IC 4-22-2 necessary to implement the registry, including the establishment of definitions and levels for substantiated abuse, neglect, and exploitation, the highest of which is the minimum the division must report to the registry. (e) The division shall report to the registry a substantiated incident that meets the criteria established according to subsection (d). (f) An employee of the division who reports a substantiated incident that meets the criteria established according to subsection (d) to the registry in good faith is not subject to liability in: (1) a civil; (2) an administrative; (3) a disciplinary; or (4) a criminal; action that might otherwise be imposed for reporting the information. (g) Beginning twelve (12) months after the registry is implemented, the division shall post monthly on the division's website the total number of individuals registered under the registry. (h) The division shall present the information required to be posted under subsection (g) to the division of disability and rehabilitative services advisory council at least quarterly. As added by P.L.228-2023, SEC.2. Amended by P.L.106-2024, SEC.5.

Ind. Code § 12-11-16-3 Training curriculum; procedures to improve incident reporting; training curriculum requirements

Sec. 3. (a) The division shall consult with stakeholders who do not have a conflict of interest to do the following: (1) Establish standards of a competency based training curriculum for direct support professionals. (2) Develop procedures to improve incident reporting concerning direct support professionals. (b) The training curriculum established under this section must include a tiered approach to training that consists of the following: (1) General education and training in providing direct support to individuals with intellectual disabilities or developmental disabilities with the issuance of a certificate upon successful completion of a standardized test. (2) Specialized subcategories of additional direct support professional training to allow for advanced learning and enable career growth in the provision of direct support services. As added by P.L.228-2023, SEC.2.

Ind. Code § 12-11-16-4 Seeking bids for training program

Sec. 4. (a) Before January 1, 2024, the division shall issue a request for proposals in compliance with IC 5-22-9 seeking bids to operate the training program with the established standards determined under section 3 of this chapter. (b) The division shall make every effort to contract with a vendor from the request for proposals issued under subsection (a) not later than January 1, 2025. (c) A vendor selected under subsection (b) must begin operating the training program before July 1, 2025. As added by P.L.228-2023, SEC.2.

Ind. Code § 12-11-16-5 Funds for developing registry

Sec. 5. (a) Subject to subsection (b), the division may use any federal dollars available for the implementation of this chapter. (b) In developing the registry as required by section 2 of this chapter, the division shall first use any funds available from the federal American Rescue Plan Act of 2021 (P.L. 117-2). If no funds are available from the federal American Rescue Plan Act of 2021 (P.L. 117-2), the division shall use any other available funding, as necessary. As added by P.L.228-2023, SEC.2.

Ind. Code § 12-11-16-7 Authorized service provider fee; rules

Sec. 7. (a) Subject to subsections (b) and (c), the division may charge each authorized service provider that employs a direct support professional an annual fee. (b) The division shall do the following: (1) Develop a fee structure that accounts for variances in an authorized service provider's direct support professional workforce. (2) Determine the amount of a fee described in subsection (a) using the fee structure developed by the division under subdivision (1). (c) The division may not charge an authorized service provider described in subsection (a) a total amount for annual fees that exceeds two thousand dollars ($2,000). (d) Fees collected under this section shall be deposited in the direct support professional training program fund established by section 8 of this chapter. (e) The division may adopt rules under IC 4-22-2 necessary to implement this section. As added by P.L.174-2025, SEC.38. Amended by P.L.23-2026, SEC.76.

Ind. Code § 12-11-16-8 Direct support professional training program fund

Sec. 8. (a) The direct support professional training program fund is established for the purpose of providing funding for the training program established under this chapter. The division shall administer the fund. (b) The fund consists of the following: (1) Money deposited in the fund under section 7 of this chapter. (2) All earnings on investments in the fund. (c) Money in the fund may only be used for the following: (1) Costs associated with: (A) operating the training program established under this chapter; and (B) operating or making changes to the direct support professional registry established under section 2 of this chapter. (2) Costs to make changes to the training curriculum described in section 3 of this chapter. (3) Expenses of administering the fund. (d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund. (e) Money in the fund at the end of a state fiscal year does not revert to the state general fund. (f) Money in the fund is continuously appropriated for the purposes specified in this section. As added by P.L.174-2025, SEC.39.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/12Fetched: 10/17/2026

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