1. (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. (1) The person has been convicted of any of the following:

      1. (A) A sex crime ( IC 35-42-4 ).
      2. (B) Exploitation of an endangered adult ( IC 35-46-1-12 ).
      3. (C) Failure to report battery, neglect, or exploitation of an endangered adult ( IC 35-46-1-13 ).
      4. (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. (5) years before the individual's employment application date.
      6. (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.
      7. (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.
      8. (G) Murder ( IC 35-42-1-1 ).
      9. (H) Voluntary manslaughter ( IC 35-42-1-3 ).
      10. (I) Except as otherwise specified 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.
      11. (J) Felony battery within the previous five (5) years.

      12. (K) A felony offense relating to controlled substances within the previous five (5) years, unless:

          1. (i) the person is certified as a peer recovery coach through a credential recognized by the division of mental health and addiction;
          2. (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
          3. (iii) there are no felony charges relating to controlled substances pending against the person.

   2. (2) The person:

      1. (A) has abused, neglected, or mistreated a patient or misappropriated a patient's property; and
      2. (B) had a finding entered into the state nurse aide registry.

2. (b) A person who knowingly or intentionally applies for a job as a nurse aide or other unlicensed employee at:

   1. (1) a health care facility; or

   2. (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.

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; P.L.23-2026, SEC.130; P.L.85-2026, SEC.7.