CHAPTER 6. CRIMINAL HISTORY OF HOSPICE OWNERS, OPERATORS, EMPLOYEES, AND VOLUNTEERS
IC 16-25-6
Chapter 6. Criminal History of Hospice Owners, Operators,
Employees, and Volunteers
IC 16-25-6-1
Persons prohibited from owning or operating hospice program
Sec. 1. (a) A person may not own or operate a hospice program if
the person has:
(1) been convicted of rape (IC 35-42-4-1);
(2) been convicted of criminal deviate conduct (IC 35-42-4-2);
(3) been convicted of exploitation of a dependent or an
endangered adult (IC 35-46-1-12);
(4) had a judgment entered against the person for failure to
report battery, neglect, or exploitation of an endangered adult
(IC 35-46-1-13); or
(5) been convicted of theft (IC 35-43-4), if the person's
conviction for theft occurred less than ten (10) years before the
date of submission by the person of an application for licensure
or approval as a hospice program under IC 16-25-3.
(b) A person who knowingly or intentionally violates this section
commits a Class A misdemeanor.
As added by P.L.256-1999, SEC.16.
IC 16-25-6-2
Employee's or volunteer's criminal history
Sec. 2. (a) A person who owns or operates a hospice program
shall apply, not more than three (3) business days after the date that
an employee or a volunteer begins to provide hospice services, for a
copy of the employee's or volunteer's limited criminal history from
the Indiana central repository for criminal history information under
IC 10-13-3.
(b) A hospice program may not employ an individual or allow a
volunteer to provide hospice services for more than three (3)
business days without applying for that individual's or volunteer's
limited criminal history as required by subsection (a).
As added by P.L.256-1999, SEC.16. Amended by P.L.2-2003,
SEC.45.
IC 16-25-6-3
Employment of certain individuals prohibited
Sec. 3. (a) Except as provided in subsection (b), a person who
owns or operates a hospice program may not employ an individual
or allow a volunteer to provide hospice services if that individual's
or volunteer's limited criminal history indicates that the individual or
volunteer has:
(1) been convicted of rape (IC 35-42-4-1);
(2) been convicted of criminal deviate conduct (IC 35-42-4-2);
(3) been convicted of exploitation of an endangered adult (IC
35-46-1-12);
(4) had a judgment entered against the individual for failure to
report battery, neglect, or exploitation of an endangered adult
(IC 35-46-1-13); or
(5) been convicted of theft (IC 35-43-4), if the conviction for
theft occurred less than ten (10) years before the individual's
employment application date.
(b) A hospice program may not employ an individual or allow a
volunteer to provide hospice services for more than twenty-one (21)
calendar days without receipt of that individual's or volunteer's
limited criminal history required by section 2 of this chapter, unless
the Indiana central repository for criminal history information under
IC 10-13-3 is solely responsible for failing to provide the individual's
or volunteer's limited criminal history to the hospice program within
the time required under this subsection.
As added by P.L.256-1999, SEC.16. Amended by P.L.2-2003,
SEC.46.
IC 16-25-6-4
Fees
Sec. 4. (a) A person who owns or operates a hospice program is
responsible for the payment of fees under IC 10-13-3-30 and other
fees required under section 2 of this chapter.
(b) This subsection does not apply to a hospice program
volunteer. A hospice program may require an individual who applies
to the hospice program for employment to provide hospice services:
(1) to pay the fees described in subsection (a) to the hospice
program at the time the individual submits an application for
employment; or
(2) to reimburse the hospice program for the payment of the
fees described in subsection (a).
As added by P.L.256-1999, SEC.16. Amended by P.L.2-2003,
SEC.47.
IC 16-25-6-5
Violations
Sec. 5. A person who:
(1) owns or operates a hospice program; and
(2) violates section 2 or 3 of this chapter;
commits a Class A infraction.
As added by P.L.256-1999, SEC.16.