First Regular Session of the 124th General Assembly (2025)
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HOUSE ENROLLED ACT No. 1385
AN ACT to amend the Indiana Code concerning health.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 16-28-13-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (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) The person has been convicted of any of the following:
(A) A sex crime (IC 35-42-4).
(B) Exploitation of an endangered adult (IC 35-46-1-12).
(C) Failure to report battery, neglect, or exploitation of an
endangered adult (IC 35-46-1-13).
(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).
(E) Murder (IC 35-42-1-1).
(F) Voluntary manslaughter (IC 35-42-1-3).
(G) Involuntary manslaughter (IC 35-42-1-4) within the
previous five (5) years.
(H) Felony battery within the previous five (5) years.
(I) A felony offense relating to controlled substances within
the previous five (5) years, unless:
HEA 1385 — Concur 2
(i) the person is certified as a peer recovery coach
through a credential recognized by the division of mental
health and addiction;
(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
(iii) there are no felony charges relating to controlled
substances pending against the person.
(2) The person:
(A) has abused, neglected, or mistreated a patient or
misappropriated a patient's property; and
(B) had a finding entered into the state nurse aide registry.
(b) A person who knowingly or intentionally applies for a job as a
nurse aide or other unlicensed employee at:
(1) a health care facility; or
(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.
HEA 1385 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1385 — Concur