1. (a) Except as provided in subsection (c), a person may not operate a home health agency or a personal services agency if the person has been convicted of any of the following:

   1. (1) A sex crime ( IC 35-42-4 ).
   2. (2) Exploitation of an endangered adult ( IC 35-46-1-12 ).
   3. (3) Failure to report battery, neglect, or exploitation of an endangered adult ( IC 35-46-1-13 ).

   4. (4) Theft, conversion, or receiving stolen property ( IC 35-43-4 ), if the conviction is a:

      1. (A) felony conviction that occurred less than ten (10) years; or

      2. (B) misdemeanor conviction that occurred less than five (5) years;

         before the date of submission by the person of an application for licensure as a home health agency under IC 16-27-1 or as a personal services agency under IC 16-27-4 .

   5. (5) Identity deception ( IC 35-43-5-3.5 ), if the conviction is a:

      1. (A) felony conviction that occurred less than ten (10) years; or

      2. (B) misdemeanor conviction that occurred less than five (5) years;

         before the person's employment application date.

   6. (6) Fraud ( IC 35-43-5-4 ), if the conviction is a:

      1. (A) felony conviction that occurred less than ten (10) years; or

      2. (B) misdemeanor conviction that occurred less than five (5) years;

         before the person's employment application date.

   7. (7) Murder ( IC 35-42-1-1 ).
   8. (8) Voluntary manslaughter ( IC 35-42-1-3 ).
   9. (9) Except as provided 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.
   10. (10) Felony battery within the previous five (5) years.
   11. (11) A felony offense relating to controlled substances within the previous five (5) years.
2. (b) A person who knowingly or intentionally violates this section commits a Class A misdemeanor.

3. (c) A person who:

   1. (1) was operating a home health agency or a personal services agency before July 1, 2025; and

   2. (2) has a misdemeanor conviction under subsection (a)(4)(B) or (a)(5)(B);

      may continue to operate the home health agency or personal services agency.

      [Pre-1993 Recodification Citation: 16-10-2.6-3.]

As added by P.L.2-1993, SEC.10. Amended by P.L.178-1993, SEC.5; P.L.212-2005, SEC.13; P.L.158-2013, SEC.231; P.L.214-2013, SEC.18; P.L.171-2025, SEC.4; P.L.85-2026, SEC.5.