IC 16-28-13
    Chapter 13. Criminal History of Nurse Aides and OtherUnlicensed Employees

IC 16-28-13-0.5
"Health care facility" defined
    Sec. 0.5. As used in this chapter, "health care facility" includesthe following:
        (1) An ambulatory outpatient surgical center licensed underIC 16-21-2.
        (2) A health facility licensed under IC 16-28-2 or IC 16-28-3.
        (3) A home health agency licensed under IC 16-27-1.
        (4) A hospice program licensed under IC 16-25-3.
        (5) A hospital licensed under IC 16-21-2.
As added by P.L.108-1999, SEC.3. Amended by P.L.14-2000,SEC.44.

IC 16-28-13-1
"Nurse aide" defined
    Sec. 1. (a) As used in this chapter, "nurse aide" means anindividual who provides nursing or nursing related services toresidents in the following:
        (1) A health facility.
        (2) A hospital based health facility.
        (3) An ambulatory outpatient surgical center licensed underIC 16-21-2. Under this subdivision, the term applies to anindividual who was employed by the center after July 1, 1999.
        (4) A home health agency licensed under IC 16-27-1. Under thissubdivision, the term applies to an individual who wasemployed by the agency after July 1, 1999.
        (5) A hospice program licensed under IC 16-25-3. Under thissubdivision, the term applies to an individual who wasemployed by the program after July 1, 1999.
        (6) A hospital licensed under IC 16-21-2. Under thissubdivision, the term applies to an individual who wasemployed by the hospital after July 1, 1999.
    (b) The term does not include the following:
        (1) A licensed health professional (as defined in IC 25-1-9-3).
        (2) A registered dietician.
        (3) An individual who volunteers to provide nursing or nursingrelated services without pay.
As added by P.L.152-1995, SEC.18. Amended by P.L.108-1999,SEC.4; P.L.14-2000, SEC.45.

IC 16-28-13-2
"Other unlicensed employee" defined
    Sec. 2. (a) As used in this chapter, "other unlicensed employee"means:
        (1) an employee of a health facility;
        (2) a hospital based health facility; or        (3) a personal services attendant (as defined inIC 12-10-17.1-8);
who is not licensed (as defined in IC 25-1-9-3) by a board (as definedin IC 25-1-9-1).
    (b) The term does not include an employee of an ambulatoryoutpatient surgical center, a home health agency, a hospice program,or a hospital that is not licensed (as defined in IC 25-1-9-3) by aboard (as defined in IC 25-1-9-1).
As added by P.L.152-1995, SEC.18. Amended by P.L.108-1999,SEC.5; P.L.255-2001, SEC.16; P.L.141-2006, SEC.85.

IC 16-28-13-3
Crimes barring employment at certain health care facilities
    Sec. 3. (a) A health care facility or an entity in the business ofcontracting to provide nurse aides or other unlicensed employees fora health care facility may not knowingly employ a person as a nurseaide or other unlicensed employee if one (1) or more of the followingconditions exist:
        (1) 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 anendangered adult (IC 35-46-1-13).
            (D) Theft (IC 35-43-4), if the person's conviction for theftoccurred less than five (5) years before the individual'semployment application date, except as provided inIC 16-27-2-5(a)(5).
            (E) Murder (IC 35-42-1-1).
            (F) Voluntary manslaughter (IC 35-42-1-3).
            (G) Involuntary manslaughter (IC 35-42-1-4) within theprevious five (5) years.
            (H) Felony battery within the previous five (5) years.
            (I) A felony offense relating to controlled substances withinthe previous five (5) years.
        (2) The person:
            (A) has abused, neglected, or mistreated a patient ormisappropriated 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 asa nurse aide or other unlicensed employee at:
        (1) a health care facility; or
        (2) an entity in the business of contracting to provide nurseaides or other unlicensed employees for a health care facility;
after a conviction of one (1) or more of the offenses listed insubsection (a)(1) commits a Class A infraction.
As added by P.L.152-1995, SEC.18. Amended by P.L.147-1996,SEC.1; P.L.108-1999, SEC.6.

IC 16-28-13-4
Operator of health care facility; request for nurse aide registry

report and limited criminal history
    Sec. 4. (a) Except as provided in subsection (b), a person who:
        (1) operates or administers a health care facility; or
        (2) operates an entity in the business of contracting to providenurse aides or other unlicensed employees for a health carefacility;
shall apply within three (3) business days from the date a person isemployed as a nurse aide or other unlicensed employee for a copy ofthe person's state nurse aide registry report from the state departmentand a limited criminal history from the Indiana central repository forcriminal history information under IC 10-13-3 or another sourceallowed by law.
    (b) A health care facility is not required to apply for the statenurse aide registry report and limited criminal history required bysubsection (a) if the health care facility contracts to use the servicesof a nurse aide or other unlicensed employee who is employed by anentity in the business of contracting to provide nurse aides or otherunlicensed employees to health care facilities.
As added by P.L.152-1995, SEC.18. Amended by P.L.147-1996,SEC.2; P.L.108-1999, SEC.7; P.L.2-2003, SEC.51.

IC 16-28-13-5
Operator of health care facility; prohibition from employingperson with certain convictions
    Sec. 5. A person who:
        (1) operates or administers a health care facility; or
        (2) operates an entity in the business of contracting to providenurse aides or other unlicensed employees for a health carefacility;
may not employ a person as a nurse aide or other unlicensedemployee after receipt of the person's state nurse aide registry reportif that person's report indicates that the person committed an offenseunder section (3)(a)(2) of this chapter and has been placed on thestate nurse aide registry, or after receipt of the limited criminalhistory if that person's limited criminal history indicates that theperson has been convicted of any of the offenses described in section3(a)(1) of this chapter.
As added by P.L.152-1995, SEC.18. Amended by P.L.147-1996,SEC.3; P.L.108-1999, SEC.8.

IC 16-28-13-6
Operator of health care facility; fees for request of registry reportand criminal history
    Sec. 6. (a) A person who:
        (1) operates or administers a health care facility; or
        (2) operates an entity in the business of contracting to providenurse aides or other unlicensed employees for a health carefacility;
is responsible for the payment of fees under IC 10-13-3-30 and otherfees required to process a state nurse aide registry report and a

limited criminal history under section 4 of this chapter.
    (b) A health care facility or an entity in the business of contractingto provide nurse aides or other unlicensed employees for a healthcare facility may require a person who applies to the health carefacility or entity for employment as a nurse aide or other unlicensedemployee:
        (1) to pay the cost of fees described in subsection (a) to thehealth care facility or entity at the time the person submits anapplication for employment; or
        (2) to reimburse the health care facility or entity for the cost offees described in subsection (a).
As added by P.L.152-1995, SEC.18. Amended by P.L.147-1996,SEC.4; P.L.108-1999, SEC.9; P.L.2-2003, SEC.52.

IC 16-28-13-7
Applicability of chapter
    Sec. 7. The application of this chapter to a health care facility oran entity in the business of contracting to provide nurse aides orother unlicensed employees for a health care facility is limited to anindividual:
        (1) who is employed by:
            (A) a health care facility; or
            (B) an entity in the business of contracting to provide nurseaides or other unlicensed employees for a health carefacility; and
        (2) whose employment or responsibilities are limited toactivities primarily performed within a health care facility.
As added by P.L.152-1995, SEC.18. Amended by P.L.147-1996,SEC.5; P.L.108-1999, SEC.10; P.L.1-2002, SEC.73; P.L.1-2007,SEC.134.

IC 16-28-13-8
Rights of individuals denied or dismissed from employment
    Sec. 8. An individual who is denied employment or dismissedfrom employment under this chapter:
        (1) does not have a cause of action;
        (2) is not eligible for unemployment compensation;
        (3) does not acquire the rights of an unemployed individual; and
        (4) does not have other rights under IC 22;
as a result of the denial or dismissal.
As added by P.L.152-1995, SEC.18.

IC 16-28-13-9
Immunity from civil and criminal liability
    Sec. 9. A person, other than a person denied employment ordismissed under this chapter or against whom a finding is made forthe nurse aide registry under 42 CFR 483.156, who in good faith:
        (1) denies employment to an individual or dismisses anindividual from employment under this chapter;
        (2) testifies or participates in an investigation or an

administrative or a judicial proceeding arising from:
            (A) this chapter; or
            (B) 42 CFR 483 regarding the nurse aide registry; or
        (3) makes a report to the state department or the nurse aideregistry;
is immune from both civil and criminal liability arising from thoseactions.
As added by P.L.152-1995, SEC.18.

IC 16-28-13-10
Operator of health care facility; intentional violation of chapter
    Sec. 10. A person:
        (1) who:
            (A) operates or administers a health care facility; or
            (B) operates an entity in the business of contracting toprovide nurse aides or other unlicensed employees for ahealth care facility; and
        (2) who knowingly or intentionally violates section 4 or 5 ofthis chapter;
commits a Class A infraction.
As added by P.L.152-1995, SEC.18. Amended by P.L.147-1996,SEC.6; P.L.108-1999, SEC.11.

IC 16-28-13-11
Personnel record; providing limited criminal history
    Sec. 11. (a) Each:
        (1) health care facility; and
        (2) entity in the business of contracting to provide nurse aidesor other unlicensed employees for a health care facility;
shall maintain a personnel record for each nurse aide and otherunlicensed employee employed by the health care facility or entitythat includes the nurse aide's or other unlicensed employee's statenurse aide registry report and limited criminal history required bysection 4 of this chapter.
    (b) The personnel records of each health care facility shall beavailable for inspection by the state department to assure compliancewith this chapter.
    (c) An entity in the business of contracting to provide nurse aidesor other unlicensed employees to health care facilities shall providea copy of the state nurse aide registry report and limited criminalhistory obtained under section 4 of this chapter to each health carefacility to which the entity provides a nurse aide or other unlicensedemployee. If the entity fails to provide a copy of the state nurse aideregistry report and limited criminal history to a health care facility,the health care facility is not in violation of this chapter.
As added by P.L.152-1995, SEC.18. Amended by P.L.147-1996,SEC.7; P.L.108-1999, SEC.12.

IC 16-28-13-12
Health care facility to report convictions of employees    Sec. 12. If a health care facility has knowledge of a conviction ofan employee of the health care facility that would indicate unfitnessfor service as a nurse aide, other unlicensed employee, or otherhealth care professional (as defined by IC 16-27-2-1), the health carefacility shall report the information to the state nurse aide registry orthe appropriate licensing authority.
As added by P.L.108-1999, SEC.13.

IC 16-28-13-13
Rules
    Sec. 13. The state department may adopt rules under IC 4-22-2 toimplement this chapter.
As added by P.L.108-1999, SEC.14.