IC 16-25-6
    Chapter 6. Criminal History of Hospice Owners, Operators,Employees, and Volunteers

IC 16-25-6-1
Persons prohibited from owning or operating hospice program
    Sec. 1. (a) A person may not own or operate a hospice program ifthe person has:
        (1) been convicted of rape (IC 35-42-4-1);
        (2) been convicted of criminal deviate conduct (IC 35-42-4-2);
        (3) been convicted of exploitation of a dependent or anendangered adult (IC 35-46-1-12);
        (4) had a judgment entered against the person for failure toreport battery, neglect, or exploitation of an endangered adult(IC 35-46-1-13); or
        (5) been convicted of theft (IC 35-43-4), if the person'sconviction for theft occurred less than ten (10) years before thedate of submission by the person of an application for licensureor approval as a hospice program under IC 16-25-3.
    (b) A person who knowingly or intentionally violates this sectioncommits a Class A misdemeanor.
As added by P.L.256-1999, SEC.16.

IC 16-25-6-2
Employee's or volunteer's criminal history
    Sec. 2. (a) A person who owns or operates a hospice programshall apply, not more than three (3) business days after the date thatan employee or a volunteer begins to provide hospice services, for acopy of the employee's or volunteer's limited criminal history fromthe Indiana central repository for criminal history information underIC 10-13-3.
    (b) A hospice program may not employ an individual or allow avolunteer to provide hospice services for more than three (3)business days without applying for that individual's or volunteer'slimited criminal history as required by subsection (a).
As added by P.L.256-1999, SEC.16. Amended by P.L.2-2003,SEC.45.

IC 16-25-6-3
Employment of certain individuals prohibited
    Sec. 3. (a) Except as provided in subsection (b), a person whoowns or operates a hospice program may not employ an individualor allow a volunteer to provide hospice services if that individual'sor volunteer's limited criminal history indicates that the individual orvolunteer has:
        (1) been convicted of rape (IC 35-42-4-1);
        (2) been convicted of criminal deviate conduct (IC 35-42-4-2);
        (3) been convicted of exploitation of an endangered adult (IC35-46-1-12);
        (4) had a judgment entered against the individual for failure to

report battery, neglect, or exploitation of an endangered adult(IC 35-46-1-13); or
        (5) been convicted of theft (IC 35-43-4), if the conviction fortheft occurred less than ten (10) years before the individual'semployment application date.
    (b) A hospice program may not employ an individual or allow avolunteer to provide hospice services for more than twenty-one (21)calendar days without receipt of that individual's or volunteer'slimited criminal history required by section 2 of this chapter, unlessthe Indiana central repository for criminal history information underIC 10-13-3 is solely responsible for failing to provide the individual'sor volunteer's limited criminal history to the hospice program withinthe time required under this subsection.
As added by P.L.256-1999, SEC.16. Amended by P.L.2-2003,SEC.46.

IC 16-25-6-4
Fees
    Sec. 4. (a) A person who owns or operates a hospice program isresponsible for the payment of fees under IC 10-13-3-30 and otherfees required under section 2 of this chapter.
    (b) This subsection does not apply to a hospice programvolunteer. A hospice program may require an individual who appliesto the hospice program for employment to provide hospice services:
        (1) to pay the fees described in subsection (a) to the hospiceprogram at the time the individual submits an application foremployment; or
        (2) to reimburse the hospice program for the payment of thefees described in subsection (a).
As added by P.L.256-1999, SEC.16. Amended by P.L.2-2003,SEC.47.

IC 16-25-6-5
Violations
    Sec. 5. A person who:
        (1) owns or operates a hospice program; and
        (2) violates section 2 or 3 of this chapter;
commits a Class A infraction.
As added by P.L.256-1999, SEC.16.