IC 16-28-13-3 — Crimes barring employment at certain health care facilities
Chapter 13. Criminal History of Nurse Aides and Other Unlicensed Employees
Bills amending this section
Section text
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) A felony offense relating to theft, conversion, or receiving stolen property (IC 35-43-4), if the person's conviction for theft, conversion, or receiving stolen property occurred less than five (5) years before the individual's employment application date. (E) Identity deception (IC 35-43-5-3.5), if the conviction is a felony conviction that occurred less than five (5) years before the person's employment application date. (F) Fraud (IC 35-43-5-4), if the conviction is a felony conviction that occurred less than five (5) years before the person's employment application date. (G) Murder (IC 35-42-1-1). (H) Voluntary manslaughter (IC 35-42-1-3). (I) Except as otherwise specified 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. (J) Felony battery within the previous five (5) years. (K) A felony offense relating to controlled substances within the previous five (5) years, unless: (i) the person is certified as a peer recovery coach through a credential recognized by the division of mental health and addiction; (ii) the person has not been convicted of a felony offense relating to controlled substances after the issuance of a peer recovery coach credential; and (iii) there are no felony charges relating to controlled substances pending against the person. (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; P.L.89-2025, SEC.1; P.L.171-2025, SEC.7; P.L.186-2025, SEC.279; P.L.23-2026, SEC.130; P.L.85-2026, SEC.7.
Source: official publisher (2026 edition)