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Home » US Law » 2022 Indiana Code » Title 16. Health » Article 28. Health Facilities » Chapter 13. Criminal History of Nurse Aides and Other Unlicensed Employees

16-28-13-0.5. “Health Care Facility” Defined

Sec. 0.5. As used in this chapter, “health care facility” includes the following: (1) An ambulatory outpatient surgical center licensed under IC 16-21-2. (2) A health facility licensed under IC 16-28-2 or IC 16-28-3. (3) A home health agency licensed under IC 16-27-1. (4) A hospice program licensed under IC 16-25-3. (5) A hospital licensed […]

16-28-13-1. “Nurse Aide” Defined

Sec. 1. (a) As used in this chapter, “nurse aide” means an individual who provides nursing or nursing related services to residents in the following: (1) A health facility. (2) A hospital based health facility. (3) An ambulatory outpatient surgical center licensed under IC 16-21-2. Under this subdivision, the term applies to an individual who […]

16-28-13-10. Operator of Health Care Facility; Intentional Violation of Chapter

Sec. 10. A person: (1) who: (A) operates or administers a health care facility; or (B) operates an entity in the business of contracting to provide nurse aides or other unlicensed employees for a health care facility; and (2) who knowingly or intentionally violates section 4 or 5 of this chapter; commits a Class A […]

16-28-13-11. Personnel Record; Providing Limited Criminal History

Sec. 11. (a) Each: (1) health care facility; and (2) entity in the business of contracting to provide nurse aides or other unlicensed employees for a health care facility; shall maintain a personnel record for each nurse aide and other unlicensed employee employed by the health care facility or entity that includes the nurse aide’s […]

16-28-13-12. Health Care Facility to Report Convictions of Employees

Sec. 12. If a health care facility has knowledge of a conviction of an employee of the health care facility that would indicate unfitness for service as a nurse aide, other unlicensed employee, or other health care professional (as defined by IC 16-27-2-1), the health care facility shall report the information to the state nurse […]

16-28-13-13. Rules

Sec. 13. The state department may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.108-1999, SEC.14.

16-28-13-2. “Other Unlicensed Employee” Defined

Sec. 2. (a) As used in this chapter, “other unlicensed employee” means: (1) an employee of a health facility; (2) a hospital based health facility; or (3) a personal services attendant (as defined in IC 12-10-17.1-8); who is not licensed (as defined in IC 25-1-9-3) by a board (as defined in IC 25-1-9-1). (b) The […]

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 […]

16-28-13-7. Applicability of Chapter

Sec. 7. The application of this chapter to 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 is limited to an individual: (1) who is employed by: (A) a health care facility; or (B) an entity in the business […]

16-28-13-8. Rights of Individuals Denied or Dismissed From Employment

Sec. 8. An individual who is denied employment or dismissed from employment under this chapter: (1) does not have a cause of action; (2) is not eligible for unemployment compensation; (3) does not acquire the rights of an unemployed individual; and (4) does not have other rights under IC 22; as a result of the […]

16-28-13-9. Immunity From Civil and Criminal Liability

Sec. 9. A person, other than a person denied employment or dismissed under this chapter or against whom a finding is made for the nurse aide registry under 42 CFR 483.156, who in good faith: (1) denies employment to an individual or dismisses an individual from employment under this chapter; (2) testifies or participates in […]