IC 16-27-2-3 — Operation of home health agency or personal services agency; prohibition; criminal conviction
Chapter 2. Criminal History of Home Health Care Operators and Workers
Bills amending this section
Section text
Sec. 3. (a) Except as provided in subsection (c), a person may not operate a home health agency or a personal services agency if the person has been convicted of any of the following: (1) A sex crime (IC 35-42-4). (2) Exploitation of an endangered adult (IC 35-46-1-12). (3) Failure to report battery, neglect, or exploitation of an endangered adult (IC 35-46-1-13). (4) Theft, conversion, or receiving stolen property (IC 35-43-4), if the conviction is a: (A) felony conviction that occurred less than ten (10) years; or (B) misdemeanor conviction that occurred less than five (5) years; before the date of submission by the person of an application for licensure as a home health agency under IC 16-27-1 or as a personal services agency under IC 16-27-4. (5) Identity deception (IC 35-43-5-3.5), if the conviction is a: (A) felony conviction that occurred less than ten (10) years; or (B) misdemeanor conviction that occurred less than five (5) years; before the person's employment application date. (6) Fraud (IC 35-43-5-4), if the conviction is a: (A) felony conviction that occurred less than ten (10) years; or (B) misdemeanor conviction that occurred less than five (5) years; before the person's employment application date. (7) Murder (IC 35-42-1-1). (8) Voluntary manslaughter (IC 35-42-1-3). (9) Except as provided in this section, a crime of violence (as defined in IC 35-31.5-2-79), if the person's conviction occurred less than ten (10) years before the person's employment application date. (10) Felony battery within the previous five (5) years. (11) A felony offense relating to controlled substances within the previous five (5) years. (b) A person who knowingly or intentionally violates this section commits a Class A misdemeanor. (c) A person who: (1) was operating a home health agency or a personal services agency before July 1, 2025; and (2) has a misdemeanor conviction under subsection (a)(4)(B) or (a)(5)(B); may continue to operate the home health agency or personal services agency.
As added by P.L.2-1993, SEC.10. Amended by P.L.178-1993, SEC.5; P.L.212-2005, SEC.13; P.L.158-2013, SEC.231; P.L.214-2013, SEC.18; P.L.171-2025, SEC.4; P.L.85-2026, SEC.5.
Source: official publisher (2026 edition)