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) Theft ( IC 35-43-4 ), if the person's conviction for theft occurred less than five (5) years before the individual's employment application date, except as provided in IC 16-27-2-5 (a)(5).
      5. (E) Murder ( IC 35-42-1-1 ).
      6. (F) Voluntary manslaughter ( IC 35-42-1-3 ).
      7. (G) Involuntary manslaughter ( IC 35-42-1-4 ) within the previous five (5) years.
      8. (H) Felony battery within the previous five (5) years.
      9. (I) A felony offense relating to controlled substances within the previous five (5) years.

   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.