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) 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.