§ 16-18-2-237.2 — "Misconduct"

Indiana § 16-18-2-237.2

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 18: GENERAL PROVISIONS AND DEFINITIONS
• Ch. 2: Definitions

Text

Effective 9-1-2025.
Sec. 237.2. "Misconduct", for purposes of IC 16-27.5, means any of the following acts performed by a qualified
medication aide:
(1) Stealing, diverting, or otherwise misusing medication.
(2) Administering medication in a manner that does not comply
with IC 16-27.5-4.
(3) Improperly storing medication.
(4) Performing duties outside the qualified medication aide's
scope of practice.
(5) Performing duties within a qualified medication aide's scope
of practice without adequate training or competency.
(6) Fraudulently procuring or attempting to procure or maintain
a qualified medication aide certification, including the following:
(A) Falsely representing facts on an individual's application for
certification or renewal of certification under IC 16-27.5-4.
(B) Impersonating another:
(i) individual certified or registered under IC 16-27.5; or
(ii) licensed health care provider.
(C) Allowing another individual to utilize the qualified
medication aide's certification.
(D) Providing or receiving prohibited assistance during the
state examination.
(7) Obtaining supplies, equipment, or medication from the
qualified medication aide's employer for the qualified medication
aide's personal use.
(8) Except for payment for services or a nominal token of
appreciation or recognition, providing to or accepting from a
patient money or property.
(9) Using a patient's personal funds, including entering the
patient's financial account information into a device that is not
owned by the patient, without:
(A) express knowledge of the qualified medication aide's
employer; and
(B) documenting purchases in the patient's chart.
(10) Engaging in a sexual relationship with a patient.
(11) Cohabitating with a patient unless the qualified medication
aide:
(A) is a family member of the patient; or
(B) cohabitated with the patient before the qualified medication
aide became certified under IC 16-27.5.
(12) Demonstrating actual or potential inability to competently
practice as a qualified medication aide due to illness, including a
mental or physical condition, or the use of drugs, alcohol, or any
other substance.
(13) Possessing an illegal substance in a facility where the
qualified medication aide provides services.
(14) Engaging in conduct with a third party that results in abuse,
neglect, or misappropriation of patient property.
(15) Engaging in a patient's estate planning activities, including
being a power of attorney, guardian, executor, or beneficiary of a
patient's estate, unless the qualified medication aide:
(A) is a family member of the patient; or
(B) engaged in the estate planning activities before the qualified
medication aide became certified under IC 16-27.5.
(16) Knowingly providing false information to the state
department or state surveyor during an investigation or
proceeding.

Legislative History

As added by P.L.143-2025, SEC.11.