1. (a) Except as provided in subsection (c), unless an individual is certified under IC 16-27.5-3 or IC 16-27.5-4 :

   1. (1) the individual may not practice as a qualified medication aide or a certified nurse aide; and
   2. (2) a facility may not employ the individual as a qualified medication aide or a certified nurse aide.
2. (b) A facility shall verify through the nurse aide registry that an individual who will provide nurse aide services has met competency evaluation requirements under the competency evaluation program. Except as provided in subsection (c), a facility may not use any individual working in the facility as a nurse aide unless the individual is a certified nurse aide.

3. (c) A facility may allow an individual to perform nurse aide services without being a certified nurse aide in the following circumstances:

   1. (1) For not more than four (4) months on a full-time, part-time, temporary, per diem, or any other basis if the individual:

      1. (A) is determined by the facility to be competent to provide nursing and nursing related services; and
      2. (B) has at least completed a competency evaluation program approved by the certified health care professions commission under IC 16-27.5 .

   2. (2) The individual:

      1. (A) is a full-time employee who is enrolled in a training and competency evaluation program approved by the certified health care professions commission under IC 16-27.5 ; or

      2. (B) has recently successfully completed the training and competency evaluation program described in this section but has not yet been included in the registry.

         The facility shall subsequently confirm that the individual is on the registry in order to continue having the individual provide nurse aide services.

4. (d) A facility shall:

   1. (1) arrange for individuals whom the facility plans to employ as nurse aides in the facility to participate in a competency evaluation program approved by the certified health care professions commission under IC 16-27.5 ; and

   2. (2) facilitate the individual's completion of the program.

      [Pre-1993 Recodification Citation: 16-10-4-5.5.]

As added by P.L.2-1993, SEC.11. Amended by P.L.24-2002, SEC.1; P.L.156-2011, SEC.23; P.L.226-2011, SEC.5; P.L.180-2019, SEC.1; P.L.148-2023, SEC.3; P.L.143-2025, SEC.25.