Indiana § 16-28-13-3 Crimes barring employment at certain health care facilities

Indiana Statutes

§ 16-28-13-3 — Crimes barring employment at certain health care facilities

Indiana § 16-28-13-3

Title 16HEALTH

Art. 28HEALTH FACILITIES

Ch. 13Criminal History of Nurse Aides and Other Unlicensed

This text of Indiana § 16-28-13-3 (Crimes barring employment at certain health care facilities) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 16-28-13-3 (2026).

Text

(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

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(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 35-50-1-2), 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 under
IC 25-23-2.
(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.

Legislative History

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.