Indiana 2025 Regular Session

Indiana House Bill HB1385 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1385.2
	2	+	Reprinted
	3	+	March 21, 2025
	4	+	ENGROSSED
	5	+	HOUSE BILL No. 1385
	6	+	_____
	7	+	DIGEST OF HB 1385 (Updated March 20, 2025 2:35 pm - DI 106)
	8	+	Citations Affected: IC 16-28.
	9	+	Synopsis: Health care facility employees. Provides an exception to one
	10	+	of the disqualifying conditions for a nurse aide or other unlicensed
	11	+	employee.
	12	+	Effective: July 1, 2025.
	13	+	Bascom, Goss-Reaves,
	14	+	Dant Chesser, Garcia Wilburn
	15	+	(SENATE SPONSORS — CRIDER, YODER, RANDOLPH LONNIE M)
	16	+	January 13, 2025, read first time and referred to Committee on Public Health.
	17	+	January 27, 2025, reported — Do Pass.
	18	+	January 29, 2025, read second time, ordered engrossed.
	19	+	January 30, 2025, engrossed.
	20	+	February 3, 2025, read third time, passed. Yeas 87, nays 0.
	21	+	SENATE ACTION
	22	+	February 18, 2025, read first time and referred to Committee on Health and Provider
	23	+	Services.
	24	+	March 13, 2025, reported favorably — Do Pass.
	25	+	March 17, 2025, read second time, ordered engrossed. Engrossed.
	26	+	March 18, 2025, returned to second reading.
	27	+	March 20, 2025, re-read second time, amended, ordered engrossed.
	28	+	EH 1385—LS 6864/DI 148 Reprinted
	29	+	March 21, 2025
1	30		First Regular Session of the 124th General Assembly (2025)
2	31		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	32		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	33		additions will appear in this style type, and deletions will appear in this style type.
5	34		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	35		provision adopted), the text of the new provision will appear in this style type. Also, the
7	36		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	37		a new provision to the Indiana Code or the Indiana Constitution.
9	38		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	39		between statutes enacted by the 2024 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1385
12		-	AN ACT to amend the Indiana Code concerning health.
	40	+	ENGROSSED
	41	+	HOUSE BILL No. 1385
	42	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	43	+	health.
13	44		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 16-28-13-3 IS AMENDED TO READ AS
15		-	FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) A health care
16		-	facility or an entity in the business of contracting to provide nurse aides
17		-	or other unlicensed employees for a health care facility may not
18		-	knowingly employ a person as a nurse aide or other unlicensed
19		-	employee if one (1) or more of the following conditions exist:
20		-	(1) The person has been convicted of any of the following:
21		-	(A) A sex crime (IC 35-42-4).
22		-	(B) Exploitation of an endangered adult (IC 35-46-1-12).
23		-	(C) Failure to report battery, neglect, or exploitation of an
24		-	endangered adult (IC 35-46-1-13).
25		-	(D) Theft (IC 35-43-4), if the person's conviction for theft
26		-	occurred less than five (5) years before the individual's
27		-	employment application date, except as provided in
28		-	IC 16-27-2-5(a)(5).
29		-	(E) Murder (IC 35-42-1-1).
30		-	(F) Voluntary manslaughter (IC 35-42-1-3).
31		-	(G) Involuntary manslaughter (IC 35-42-1-4) within the
32		-	previous five (5) years.
33		-	(H) Felony battery within the previous five (5) years.
34		-	(I) A felony offense relating to controlled substances within
35		-	the previous five (5) years, unless:
36		-	HEA 1385 — Concur 2
37		-	(i) the person is certified as a peer recovery coach
38		-	through a credential recognized by the division of mental
39		-	health and addiction;
	45	+	1 SECTION 1. IC 16-28-13-3 IS AMENDED TO READ AS
	46	+	2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) A health care
	47	+	3 facility or an entity in the business of contracting to provide nurse aides
	48	+	4 or other unlicensed employees for a health care facility may not
	49	+	5 knowingly employ a person as a nurse aide or other unlicensed
	50	+	6 employee if one (1) or more of the following conditions exist:
	51	+	7 (1) The person has been convicted of any of the following:
	52	+	8 (A) A sex crime (IC 35-42-4).
	53	+	9 (B) Exploitation of an endangered adult (IC 35-46-1-12).
	54	+	10 (C) Failure to report battery, neglect, or exploitation of an
	55	+	11 endangered adult (IC 35-46-1-13).
	56	+	12 (D) Theft (IC 35-43-4), if the person's conviction for theft
	57	+	13 occurred less than five (5) years before the individual's
	58	+	14 employment application date, except as provided in
	59	+	15 IC 16-27-2-5(a)(5).
	60	+	16 (E) Murder (IC 35-42-1-1).
	61	+	17 (F) Voluntary manslaughter (IC 35-42-1-3).
	62	+	EH 1385—LS 6864/DI 148 2
	63	+	1 (G) Involuntary manslaughter (IC 35-42-1-4) within the
	64	+	2 previous five (5) years.
	65	+	3 (H) Felony battery within the previous five (5) years.
	66	+	4 (I) A felony offense relating to controlled substances within
	67	+	5 the previous five (5) years, unless:
	68	+	6 (i) the person is certified as a peer recovery coach
	69	+	7 through a credential recognized by the division of mental
	70	+	8 health and addiction;
	71	+	9 (ii) the person has not been convicted of a felony offense
	72	+	10 relating to controlled substances after the issuance of a
	73	+	11 peer recovery coach credential; and
	74	+	12 (iii) there are no felony charges relating to controlled
	75	+	13 substances pending against the person.
	76	+	14 (2) The person:
	77	+	15 (A) has abused, neglected, or mistreated a patient or
	78	+	16 misappropriated a patient's property; and
	79	+	17 (B) had a finding entered into the state nurse aide registry.
	80	+	18 (b) A person who knowingly or intentionally applies for a job as a
	81	+	19 nurse aide or other unlicensed employee at:
	82	+	20 (1) a health care facility; or
	83	+	21 (2) an entity in the business of contracting to provide nurse aides
	84	+	22 or other unlicensed employees for a health care facility;
	85	+	23 after a conviction of one (1) or more of the offenses listed in subsection
	86	+	24 (a)(1) commits a Class A infraction.
	87	+	EH 1385—LS 6864/DI 148 3
	88	+	COMMITTEE REPORT
	89	+	Mr. Speaker: Your Committee on Public Health, to which was
	90	+	referred House Bill 1385, has had the same under consideration and
	91	+	begs leave to report the same back to the House with the
	92	+	recommendation that said bill do pass.
	93	+	(Reference is to HB 1385 as introduced.)
	94	+	BARRETT
	95	+	Committee Vote: Yeas 10, Nays 0
	96	+	_____
	97	+	COMMITTEE REPORT
	98	+	Mr. President: The Senate Committee on Health and Provider
	99	+	Services, to which was referred House Bill No. 1385, has had the same
	100	+	under consideration and begs leave to report the same back to the
	101	+	Senate with the recommendation that said bill DO PASS.
	102	+	(Reference is to HB 1385 as printed January 27, 2025.)
	103	+
	104	+	CHARBONNEAU, Chairperson
	105	+	Committee Vote: Yeas 11, Nays 0
	106	+	_____
	107	+	SENATE MOTION
	108	+	Mr. President: I move that Engrossed House Bill 1385, which is
	109	+	eligible for third reading, be returned to second reading for purposes of
	110	+	amendment.
	111	+	CRIDER
	112	+	_____
	113	+	SENATE MOTION
	114	+	Mr. President: I move that Engrossed House Bill 1385 be amended
	115	+	to read as follows:
	116	+	Page 2, line 5, delete "unless" and insert "unless:
	117	+	(i)".
	118	+	Page 2, line 7, delete "." and insert ";
	119	+	EH 1385—LS 6864/DI 148 4
40	120		(ii) the person has not been convicted of a felony offense
41	121		relating to controlled substances after the issuance of a
42	122		peer recovery coach credential; and
43	123		(iii) there are no felony charges relating to controlled
44		-	substances pending against the person.
45		-	(2) The person:
46		-	(A) has abused, neglected, or mistreated a patient or
47		-	misappropriated a patient's property; and
48		-	(B) had a finding entered into the state nurse aide registry.
49		-	(b) A person who knowingly or intentionally applies for a job as a
50		-	nurse aide or other unlicensed employee at:
51		-	(1) a health care facility; or
52		-	(2) an entity in the business of contracting to provide nurse aides
53		-	or other unlicensed employees for a health care facility;
54		-	after a conviction of one (1) or more of the offenses listed in subsection
55		-	(a)(1) commits a Class A infraction.
56		-	HEA 1385 — Concur Speaker of the House of Representatives
57		-	President of the Senate
58		-	President Pro Tempore
59		-	Governor of the State of Indiana
60		-	Date: Time:
61		-	HEA 1385 — Concur
	124	+	substances pending against the person.".
	125	+	(Reference is to EHB 1385 as printed March 14, 2025.)
	126	+	CRIDER
	127	+	EH 1385—LS 6864/DI 148