Ind. Code ch. 16-28-1

Ind. Code ch. 16-28-1
in effect

Ind. Code § 16-28-1-1 Repealed

[Pre-1993 Recodification Citation: 16-10-4-3.] As added by P.L.2-1993, SEC.11. Amended by P.L.4-1993, SEC.230; P.L.5-1993, SEC.243; P.L.141-2006, SEC.84; P.L.145-2006, SEC.134; P.L.1-2007, SEC.133. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.

Ind. Code § 16-28-1-2 Repealed

[Pre-1993 Recodification Citation: 16-10-4-4(a) part.] As added by P.L.2-1993, SEC.11. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.

Ind. Code § 16-28-1-3 Repealed

[Pre-1993 Recodification Citation: 16-10-4-4(a) part.] As added by P.L.2-1993, SEC.11. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.

Ind. Code § 16-28-1-4 Repealed

[Pre-1993 Recodification Citation: 16-10-4-4(a) part.] As added by P.L.2-1993, SEC.11. Amended by P.L.179-1993, SEC.2. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.

Ind. Code § 16-28-1-5 Repealed

[Pre-1993 Recodification Citation: 16-10-4-4(a) part.] As added by P.L.2-1993, SEC.11. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.

Ind. Code § 16-28-1-6 Repealed

[Pre-1993 Recodification Citation: 16-10-4-4(b).] As added by P.L.2-1993, SEC.11. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.

Ind. Code § 16-28-1-7 Adoption of rules; fire safety rule recommendations; classification of facilities

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 7. The state department shall do the following: (1) Adopt rules under IC 4-22-2 governing the following: (A) Health and sanitation standards necessary to protect the health, safety, security, rights, and welfare of patients. (B) Qualifications of applicants for licenses issued under this article to assure the proper care of patients. (C) Operation, maintenance, management, equipment, and construction of facilities required to be licensed under this article if jurisdiction is not vested in any other state agency. (D) Manner, form, and content of the license, including rules governing disclosure of ownership interests. (E) Levels of medical staffing and medical services in cooperation with the office of Medicaid policy and planning, division of family resources, and other agencies authorized to pay for the services. (2) Recommend to the fire prevention and building safety commission fire safety rules necessary to protect the health, safety, security, rights, and welfare of patients. (3) Classify health facilities in health care categories. [Pre-1993 Recodification Citation: 16-10-4-5(a).] As added by P.L.2-1993, SEC.11. Amended by P.L.179-1993, SEC.3; P.L.145-2006, SEC.135; P.L.156-2011, SEC.21; P.L.141-2014, SEC.9.

Ind. Code § 16-28-1-7 Adoption of rules; fire safety rule recommendations; classification of facilities

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 7. The state department shall do the following: (1) Adopt rules under IC 4-22-2 governing the following: (A) Health and sanitation standards necessary to protect the health, safety, security, rights, and welfare of patients. (B) Qualifications of applicants for licenses issued under this article to assure the proper care of patients. (C) Operation, maintenance, management, equipment, and construction of facilities required to be licensed under this article if jurisdiction is not vested in any other state agency. (D) Manner, form, and content of the license, including rules governing disclosure of ownership interests. (E) Levels of medical staffing and medical services in cooperation with the office of Medicaid policy and planning, division of family resources, and other agencies authorized to pay for the services. (2) Recommend to the department of homeland security fire safety rules necessary to protect the health, safety, security, rights, and welfare of patients. (3) Classify health facilities in health care categories. [Pre-1993 Recodification Citation: 16-10-4-5(a).] As added by P.L.2-1993, SEC.11. Amended by P.L.179-1993, SEC.3; P.L.145-2006, SEC.135; P.L.156-2011, SEC.21; P.L.141-2014, SEC.9; P.L.152-2026, SEC.221.

Ind. Code § 16-28-1-8 Repealed

[Pre-1993 Recodification Citation: 16-10-4-5(b).] As added by P.L.2-1993, SEC.11. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.

Ind. Code § 16-28-1-9 Repealed

[Pre-1993 Recodification Citation: 16-10-4-5(c).] As added by P.L.2-1993, SEC.11. Repealed by P.L.141-2014, SEC.10.

Ind. Code § 16-28-1-10 Waiver of rules

Sec. 10. (a) The state health commissioner may, for good cause shown, waive for a specified time any rule that may be waived under the following for a health facility: (1) This article. (2) IC 16-29. (3) IC 16-30. (b) The granting of a waiver may not adversely affect the health, safety, and welfare of the patients or residents. [Pre-1993 Recodification Citation: 16-10-4-5.1.] As added by P.L.2-1993, SEC.11. Amended by P.L.156-2011, SEC.22.

Ind. Code § 16-28-1-11 Qualified medication aides and certified nurse aides; facility verification of program requirements; exceptions

Sec. 11. (a) Except as provided in subsection (c), unless an individual is certified under IC 16-27.5-3 or IC 16-27.5-4: (1) the individual may not practice as a qualified medication aide or a certified nurse aide; and (2) a facility may not employ the individual as a qualified medication aide or a certified nurse aide. (b) A facility shall verify through the nurse aide registry that an individual who will provide nurse aide services has met competency evaluation requirements under the competency evaluation program. Except as provided in subsection (c), a facility may not use any individual working in the facility as a nurse aide unless the individual is a certified nurse aide. (c) A facility may allow an individual to perform nurse aide services without being a certified nurse aide in the following circumstances: (1) For not more than four (4) months on a full-time, part-time, temporary, per diem, or any other basis if the individual: (A) is determined by the facility to be competent to provide nursing and nursing related services; and (B) has at least completed a competency evaluation program approved by the certified health care professions commission under IC 16-27.5. (2) The individual: (A) is a full-time employee who is enrolled in a training and competency evaluation program approved by the certified health care professions commission under IC 16-27.5; or (B) has recently successfully completed the training and competency evaluation program described in this section but has not yet been included in the registry. The facility shall subsequently confirm that the individual is on the registry in order to continue having the individual provide nurse aide services. (d) A facility shall: (1) arrange for individuals whom the facility plans to employ as nurse aides in the facility to participate in a competency evaluation program approved by the certified health care professions commission under IC 16-27.5; and (2) facilitate the individual's completion of the program. [Pre-1993 Recodification Citation: 16-10-4-5.5.] As added by P.L.2-1993, SEC.11. Amended by P.L.24-2002, SEC.1; P.L.156-2011, SEC.23; P.L.226-2011, SEC.5; P.L.180-2019, SEC.1; P.L.148-2023, SEC.3; P.L.143-2025, SEC.25.

Ind. Code § 16-28-1-12 Repealed

[Pre-1993 Recodification Citation: 16-10-4-6.] As added by P.L.2-1993, SEC.11. Amended by P.L.179-1993, SEC.4; P.L.156-2011, SEC.24; P.L.197-2011, SEC.66. Repealed by P.L.141-2014, SEC.11.

Ind. Code § 16-28-1-13 Licensure inspections; reports

Sec. 13. (a) Licensure inspections of health facilities shall be made regularly in accordance with rules adopted under this chapter. The division shall make all health and sanitation inspections. The department of homeland security shall make all fire safety inspections in accordance with IC 22-14-2-11. (b) The exact date of an inspection of a health facility under this chapter may not be announced or communicated directly or indirectly to the owner, administrator, or an employee of the facility before the inspection. An employee of the state department who knowingly or intentionally informs a health facility of the exact date of an inspection shall be suspended without pay for five (5) days for a first offense and shall be dismissed for a subsequent offense. (c) Reports of all inspections must be: (1) in writing; and (2) sent to the health facility. (d) The report of an inspection and records relating to the inspection may not be released to the public until the conditions set forth in IC 16-19-3-25 are satisfied. [Pre-1993 Recodification Citation: 16-10-4-7.] As added by P.L.2-1993, SEC.11. Amended by P.L.190-1995, SEC.5; P.L.1-2006, SEC.299; P.L.141-2014, SEC.12; P.L.187-2021, SEC.56; P.L.28-2026, SEC.32.

Ind. Code § 16-28-1-14 Provision of licensure inspection report copies and summaries; maintenance and inspection of reports

Sec. 14. (a) The division shall provide, on the request of any person and payment of a fee to cover the direct and indirect costs of complying with the request: (1) a copy of a report of an inspection from the public file of a health facility; (2) a brief descriptive summary of the annual survey report of a health facility; or (3) both. (b) Reports of all inspections under this chapter shall be maintained by each health facility for two (2) years and shall be made available for inspection by any member of the public upon request. [Pre-1993 Recodification Citation: 16-10-4-8.] As added by P.L.2-1993, SEC.11.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/16Fetched: 10/17/2026

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