§ 12-11-16-2 — Direct support professional registry; registry requirements; division's duties regarding registry; prohibited practice; rulemaking; reporting to registry; immunity

(a) The division shall establish and maintain
a direct support professional registry to be made available to authorized
division personnel and authorized service providers. The registry must:
(1) include a list of direct support professionals who have
registered with the division in the manner required by the
division; and
(2) contain any substantiated incidents for abuse, neglect, and
exploitation that meet the criteria established according to
subsection (d), as determined by the division for a direct support
professional included on the registry.
(b) The division shall establish the following:
(1) An application to be used for an individual to register for the
registry and renew the registration for the registry.
(2) An appeals process as provided in IC 4-21.5 concerning an
incident involving a direct support professional in which the
division has determined the incident meets the criteria established
according to subsection (d).
(c) Beginning January 1, 2026, and thereafter, an individual may not
provide direct support services as a direct support professional in
Indiana unless the individual is registered by the division for the
registry under this chapter.
(d) The division shall adopt rules under IC 4-22-2 necessary to
implement the registry, including the establishment of definitions and
levels for substantiated abuse, neglect, and exploitation, the highest of
which is the minimum the division must report to the registry.
(e) The division shall report to the registry a substantiated incident
that meets the criteria established according to subsection (d).
(f) An employee of the division who reports a substantiated incident
that meets the criteria established according to subsection (d) to the
registry in good faith is not subject to liability in:
(1) a civil;
(2) an administrative;
(3) a disciplinary; or
(4) a criminal;
action that might otherwise be imposed for reporting the information.
(g) Beginning twelve (12) months after the registry is implemented,
the division shall post monthly on the division's website the total
number of individuals registered under the registry.
(h) The division shall present the information required to be posted
under subsection (g) to the division of disability and rehabilitative
services advisory council at least quarterly.

Legislative History

As added by P.L.228-2023, SEC.2. Amended by P.L.106-2024, SEC.5.