IC 16-28-13
Chapter 13. Criminal History of Nurse Aides and Other
Unlicensed Employees
IC 16-28-13-0.5 "Health care facility" defined
Sec. 0.5. As used in this chapter, "health care facility" includes
the following:
(1) An ambulatory outpatient surgical center licensed under
IC 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 an
individual who provides nursing or nursing related services to
residents in the following:
(1) A health facility.
(2) A hospital based health facility.
(3) An ambulatory outpatient surgical center licensed under
IC 16-21-2. Under this subdivision, the term applies to an
individual who was employed by the center after July 1, 1999.
(4) A home health agency licensed under IC 16-27-1. Under this
subdivision, the term applies to an individual who was
employed by the agency after July 1, 1999.
(5) A hospice program licensed under IC 16-25-3. Under this
subdivision, the term applies to an individual who was
employed by the program after July 1, 1999.
(6) A hospital licensed under IC 16-21-2. Under this
subdivision, the term applies to an individual who was
employed 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 nursing
related 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 in
IC 12-10-17.1-8);
who is not licensed (as defined in IC 25-1-9-3) by a board (as defined
in IC 25-1-9-1).
(b) The term does not include an employee of an ambulatory
outpatient 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 a
board (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 of
contracting to provide nurse aides or other unlicensed employees for
a health care facility may not knowingly employ a person as a nurse
aide or other unlicensed employee if one (1) or more of the following
conditions 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 an
endangered adult (IC 35-46-1-13).
(D) Theft (IC 35-43-4), if the person's conviction for theft
occurred less than five (5) years before the individual's
employment application date, except as provided in
IC 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 the
previous five (5) years.
(H) Felony battery within the previous five (5) years.
(I) 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 nurse aide or other unlicensed employee at:
(1) a health care facility; or
(2) an entity in the business of contracting to provide nurse
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. 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 provide
nurse aides or other unlicensed employees for a health care
facility;
shall apply within three (3) business days from the date a person is
employed as a nurse aide or other unlicensed employee for a copy of
the person's state nurse aide registry report from the state department
and a limited criminal history from the Indiana central repository for
criminal history information under IC 10-13-3 or another source
allowed by law.
(b) A health care facility is not required to apply for the state
nurse aide registry report and limited criminal history required by
subsection (a) if the health care facility contracts to use the services
of a nurse aide or other unlicensed employee who is employed by an
entity in the business of contracting to provide nurse aides or other
unlicensed 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 employing
person 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 provide
nurse aides or other unlicensed employees for a health care
facility;
may not employ a person as a nurse aide or other unlicensed
employee after receipt of the person's state nurse aide registry report
if that person's report indicates that the person committed an offense
under section (3)(a)(2) of this chapter and has been placed on the
state nurse aide registry, or after receipt of the limited criminal
history if that person's limited criminal history indicates that the
person has been convicted of any of the offenses described in section
3(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 report
and 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 provide
nurse aides or other unlicensed employees for a health care
facility;
is responsible for the payment of fees under IC 10-13-3-30 and other
fees 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 contracting
to provide nurse aides or other unlicensed employees for a health
care facility may require a person who applies to the health care
facility or entity for employment as a nurse aide or other unlicensed
employee:
(1) to pay the cost of fees described in subsection (a) to the
health care facility or entity at the time the person submits an
application for employment; or
(2) to reimburse the health care facility or entity for the cost of
fees 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 or
an entity in the business of contracting to provide nurse aides or
other unlicensed employees for a health care facility is limited to an
individual:
(1) who is employed by:
(A) a health care facility; or
(B) an entity in the business of contracting to provide nurse
aides or other unlicensed employees for a health care
facility; and
(2) whose employment or responsibilities are limited to
activities 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 dismissed
from 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 or
dismissed under this chapter or against whom a finding is made for
the nurse aide registry under 42 CFR 483.156, who in good faith:
(1) denies employment to an individual or dismisses an
individual 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 aide
registry;
is immune from both civil and criminal liability arising from those
actions. 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 to
provide nurse aides or other unlicensed employees for a
health care facility; and
(2) who knowingly or intentionally violates section 4 or 5 of
this 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 aides
or other unlicensed employees for a health care facility;
shall maintain a personnel record for each nurse aide and other
unlicensed employee employed by the health care facility or entity
that includes the nurse aide's or other unlicensed employee's state
nurse aide registry report and limited criminal history required by
section 4 of this chapter.
(b) The personnel records of each health care facility shall be
available for inspection by the state department to assure compliance
with this chapter.
(c) An entity in the business of contracting to provide nurse aides
or other unlicensed employees to health care facilities shall provide
a copy of the state nurse aide registry report and limited criminal
history obtained under section 4 of this chapter to each health care
facility to which the entity provides a nurse aide or other unlicensed
employee. If the entity fails to provide a copy of the state nurse aide
registry 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 of
an employee of the health care facility that would indicate unfitness
for service as a nurse aide, other unlicensed employee, or other
health care professional (as defined by IC 16-27-2-1), the health care
facility shall report the information to the state nurse aide registry or
the 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 to
implement this chapter. As added by P.L.108-1999, SEC.14.
IC 16-28-13
Chapter 13. Criminal History of Nurse Aides and Other
Unlicensed Employees
IC 16-28-13-0.5 "Health care facility" defined
Sec. 0.5. As used in this chapter, "health care facility" includes
the following:
(1) An ambulatory outpatient surgical center licensed under
IC 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 an
individual who provides nursing or nursing related services to
residents in the following:
(1) A health facility.
(2) A hospital based health facility.
(3) An ambulatory outpatient surgical center licensed under
IC 16-21-2. Under this subdivision, the term applies to an
individual who was employed by the center after July 1, 1999.
(4) A home health agency licensed under IC 16-27-1. Under this
subdivision, the term applies to an individual who was
employed by the agency after July 1, 1999.
(5) A hospice program licensed under IC 16-25-3. Under this
subdivision, the term applies to an individual who was
employed by the program after July 1, 1999.
(6) A hospital licensed under IC 16-21-2. Under this
subdivision, the term applies to an individual who was
employed 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 nursing
related 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 in
IC 12-10-17.1-8);
who is not licensed (as defined in IC 25-1-9-3) by a board (as defined
in IC 25-1-9-1).
(b) The term does not include an employee of an ambulatory
outpatient 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 a
board (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 of
contracting to provide nurse aides or other unlicensed employees for
a health care facility may not knowingly employ a person as a nurse
aide or other unlicensed employee if one (1) or more of the following
conditions 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 an
endangered adult (IC 35-46-1-13).
(D) Theft (IC 35-43-4), if the person's conviction for theft
occurred less than five (5) years before the individual's
employment application date, except as provided in
IC 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 the
previous five (5) years.
(H) Felony battery within the previous five (5) years.
(I) 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 nurse aide or other unlicensed employee at:
(1) a health care facility; or
(2) an entity in the business of contracting to provide nurse
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. 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 provide
nurse aides or other unlicensed employees for a health care
facility;
shall apply within three (3) business days from the date a person is
employed as a nurse aide or other unlicensed employee for a copy of
the person's state nurse aide registry report from the state department
and a limited criminal history from the Indiana central repository for
criminal history information under IC 10-13-3 or another source
allowed by law.
(b) A health care facility is not required to apply for the state
nurse aide registry report and limited criminal history required by
subsection (a) if the health care facility contracts to use the services
of a nurse aide or other unlicensed employee who is employed by an
entity in the business of contracting to provide nurse aides or other
unlicensed 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 employing
person 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 provide
nurse aides or other unlicensed employees for a health care
facility;
may not employ a person as a nurse aide or other unlicensed
employee after receipt of the person's state nurse aide registry report
if that person's report indicates that the person committed an offense
under section (3)(a)(2) of this chapter and has been placed on the
state nurse aide registry, or after receipt of the limited criminal
history if that person's limited criminal history indicates that the
person has been convicted of any of the offenses described in section
3(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 report
and 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 provide
nurse aides or other unlicensed employees for a health care
facility;
is responsible for the payment of fees under IC 10-13-3-30 and other
fees 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 contracting
to provide nurse aides or other unlicensed employees for a health
care facility may require a person who applies to the health care
facility or entity for employment as a nurse aide or other unlicensed
employee:
(1) to pay the cost of fees described in subsection (a) to the
health care facility or entity at the time the person submits an
application for employment; or
(2) to reimburse the health care facility or entity for the cost of
fees 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 or
an entity in the business of contracting to provide nurse aides or
other unlicensed employees for a health care facility is limited to an
individual:
(1) who is employed by:
(A) a health care facility; or
(B) an entity in the business of contracting to provide nurse
aides or other unlicensed employees for a health care
facility; and
(2) whose employment or responsibilities are limited to
activities 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 dismissed
from 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 or
dismissed under this chapter or against whom a finding is made for
the nurse aide registry under 42 CFR 483.156, who in good faith:
(1) denies employment to an individual or dismisses an
individual 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 aide
registry;
is immune from both civil and criminal liability arising from those
actions. 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 to
provide nurse aides or other unlicensed employees for a
health care facility; and
(2) who knowingly or intentionally violates section 4 or 5 of
this 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 aides
or other unlicensed employees for a health care facility;
shall maintain a personnel record for each nurse aide and other
unlicensed employee employed by the health care facility or entity
that includes the nurse aide's or other unlicensed employee's state
nurse aide registry report and limited criminal history required by
section 4 of this chapter.
(b) The personnel records of each health care facility shall be
available for inspection by the state department to assure compliance
with this chapter.
(c) An entity in the business of contracting to provide nurse aides
or other unlicensed employees to health care facilities shall provide
a copy of the state nurse aide registry report and limited criminal
history obtained under section 4 of this chapter to each health care
facility to which the entity provides a nurse aide or other unlicensed
employee. If the entity fails to provide a copy of the state nurse aide
registry 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 of
an employee of the health care facility that would indicate unfitness
for service as a nurse aide, other unlicensed employee, or other
health care professional (as defined by IC 16-27-2-1), the health care
facility shall report the information to the state nurse aide registry or
the 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 to
implement this chapter. As added by P.L.108-1999, SEC.14.
IC 16-28-13
Chapter 13. Criminal History of Nurse Aides and Other
Unlicensed Employees
IC 16-28-13-0.5 "Health care facility" defined
Sec. 0.5. As used in this chapter, "health care facility" includes
the following:
(1) An ambulatory outpatient surgical center licensed under
IC 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 an
individual who provides nursing or nursing related services to
residents in the following:
(1) A health facility.
(2) A hospital based health facility.
(3) An ambulatory outpatient surgical center licensed under
IC 16-21-2. Under this subdivision, the term applies to an
individual who was employed by the center after July 1, 1999.
(4) A home health agency licensed under IC 16-27-1. Under this
subdivision, the term applies to an individual who was
employed by the agency after July 1, 1999.
(5) A hospice program licensed under IC 16-25-3. Under this
subdivision, the term applies to an individual who was
employed by the program after July 1, 1999.
(6) A hospital licensed under IC 16-21-2. Under this
subdivision, the term applies to an individual who was
employed 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 nursing
related 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 in
IC 12-10-17.1-8);
who is not licensed (as defined in IC 25-1-9-3) by a board (as defined
in IC 25-1-9-1).
(b) The term does not include an employee of an ambulatory
outpatient 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 a
board (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 of
contracting to provide nurse aides or other unlicensed employees for
a health care facility may not knowingly employ a person as a nurse
aide or other unlicensed employee if one (1) or more of the following
conditions 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 an
endangered adult (IC 35-46-1-13).
(D) Theft (IC 35-43-4), if the person's conviction for theft
occurred less than five (5) years before the individual's
employment application date, except as provided in
IC 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 the
previous five (5) years.
(H) Felony battery within the previous five (5) years.
(I) 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 nurse aide or other unlicensed employee at:
(1) a health care facility; or
(2) an entity in the business of contracting to provide nurse
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. 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 provide
nurse aides or other unlicensed employees for a health care
facility;
shall apply within three (3) business days from the date a person is
employed as a nurse aide or other unlicensed employee for a copy of
the person's state nurse aide registry report from the state department
and a limited criminal history from the Indiana central repository for
criminal history information under IC 10-13-3 or another source
allowed by law.
(b) A health care facility is not required to apply for the state
nurse aide registry report and limited criminal history required by
subsection (a) if the health care facility contracts to use the services
of a nurse aide or other unlicensed employee who is employed by an
entity in the business of contracting to provide nurse aides or other
unlicensed 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 employing
person 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 provide
nurse aides or other unlicensed employees for a health care
facility;
may not employ a person as a nurse aide or other unlicensed
employee after receipt of the person's state nurse aide registry report
if that person's report indicates that the person committed an offense
under section (3)(a)(2) of this chapter and has been placed on the
state nurse aide registry, or after receipt of the limited criminal
history if that person's limited criminal history indicates that the
person has been convicted of any of the offenses described in section
3(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 report
and 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 provide
nurse aides or other unlicensed employees for a health care
facility;
is responsible for the payment of fees under IC 10-13-3-30 and other
fees 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 contracting
to provide nurse aides or other unlicensed employees for a health
care facility may require a person who applies to the health care
facility or entity for employment as a nurse aide or other unlicensed
employee:
(1) to pay the cost of fees described in subsection (a) to the
health care facility or entity at the time the person submits an
application for employment; or
(2) to reimburse the health care facility or entity for the cost of
fees 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 or
an entity in the business of contracting to provide nurse aides or
other unlicensed employees for a health care facility is limited to an
individual:
(1) who is employed by:
(A) a health care facility; or
(B) an entity in the business of contracting to provide nurse
aides or other unlicensed employees for a health care
facility; and
(2) whose employment or responsibilities are limited to
activities 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 dismissed
from 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 or
dismissed under this chapter or against whom a finding is made for
the nurse aide registry under 42 CFR 483.156, who in good faith:
(1) denies employment to an individual or dismisses an
individual 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 aide
registry;
is immune from both civil and criminal liability arising from those
actions. 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 to
provide nurse aides or other unlicensed employees for a
health care facility; and
(2) who knowingly or intentionally violates section 4 or 5 of
this 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 aides
or other unlicensed employees for a health care facility;
shall maintain a personnel record for each nurse aide and other
unlicensed employee employed by the health care facility or entity
that includes the nurse aide's or other unlicensed employee's state
nurse aide registry report and limited criminal history required by
section 4 of this chapter.
(b) The personnel records of each health care facility shall be
available for inspection by the state department to assure compliance
with this chapter.
(c) An entity in the business of contracting to provide nurse aides
or other unlicensed employees to health care facilities shall provide
a copy of the state nurse aide registry report and limited criminal
history obtained under section 4 of this chapter to each health care
facility to which the entity provides a nurse aide or other unlicensed
employee. If the entity fails to provide a copy of the state nurse aide
registry 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 of
an employee of the health care facility that would indicate unfitness
for service as a nurse aide, other unlicensed employee, or other
health care professional (as defined by IC 16-27-2-1), the health care
facility shall report the information to the state nurse aide registry or
the 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 to
implement this chapter. As added by P.L.108-1999, SEC.14.
