Ind. Code § 16-27-2-3
Operation of home health agency or personal services agency; prohibition; criminal conviction
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2025
As of January 1, 2018
Sec. 3. (a) 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:
Sec. 3. (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) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
(1) A sex crime (IC 35-42-4).
(2) Exploitation of an endangered adult (IC 35-46-1-12).
(3) Failure to report battery, neglect, or exploitation of an endangered adult (IC 35-46-1-13).
(4) Theft, conversion, or receiving stolen property (IC 35-43-4), if the conviction is a: (A) felony conviction that occurred less than ten (10) years; or (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) Identity deception (IC 35-43-5-3.5), if the conviction is a:
(A) felony conviction that occurred less than ten (10) years; or
(B) misdemeanor conviction that occurred less than five (5) years;
before the person's employment application date.
(6) Fraud (IC 35-43-5-4), if the conviction is a:
(A) felony conviction that occurred less than ten (10) years; or
(B) misdemeanor conviction that occurred less than five (5) years;
before the person's employment application date.
(7) Murder (IC 35-42-1-1).
(8) Voluntary manslaughter (IC 35-42-1-3).
(9) Except as provided in this section, a crime of violence (as defined in IC 35-50-1-2), if the person's conviction occurred less than ten (10) years before the person's employment application date.
(10) Felony battery within the previous five (5) years.
(11) A felony offense relating to controlled substances within the previous five (5) years.
(b) A person who knowingly or intentionally violates this section commits a Class A misdemeanor.
(b) A person who knowingly or intentionally violates this section commits a Class A misdemeanor.
(c) A person who:
(1) was operating a home health agency or a personal services agency before July 1, 2025; and
(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.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.