Ind. Code ch. 16-27.5-1

in effect

Ind. Code § 16-27.5-1-1 Registry; hearings; state department authority to collect information

Sec. 1. (a) In accordance with 42 CFR 483.156, the state department shall establish and maintain a registry of each individual who is: (1) certified as a: (A) qualified medication aide under IC 16-27.5-4; or (B) certified nurse aide under IC 16-27.5-3; or (2) registered as a home health aide under IC 16-27.5-5 and rules adopted under IC 16-27-1-7. (b) The commission may conduct hearings for violations of this article under IC 4-21.5. (c) The state department's authority under this section includes the ability to collect information from individuals certified as a qualified medication aide or certified nurse aide, as specified under IC 25-1-2-10. As added by P.L.143-2025, SEC.24.

Ind. Code § 16-27.5-1-2 Investigation of allegations of abuse, neglect, misappropriation, and misconduct

Sec. 2. (a) The state department shall investigate allegations of the following: (1) Abuse, neglect, and misappropriation of patient property by a nurse aide, home health aide, or qualified medication aide. (2) Misconduct by a qualified medication aide. (b) After conducting an investigation under subsection (a), if the state department finds evidence of an allegation described in subsection (a), the state department shall present the evidence and findings to the commission for review and recommended direction concerning disciplinary action and the placement of a finding against the individual in the registry established under section 1 of this chapter. (c) The state department may only place a finding of abuse, neglect, misappropriation, or misconduct described in subsection (a) in the registry as directed by the commission. As added by P.L.143-2025, SEC.24.

Ind. Code § 16-27.5-1-3 Notice of expiration of certification or registration

Sec. 3. (a) At least ninety (90) days before the date on which an individual's certification or registration under this article expires, the state department shall provide notice to the individual informing the individual of the expiration date and requirements for renewing certification or registration. (b) This subsection applies if the state department fails to provide the notice required under this section at least ninety (90) days before the date described in subsection (a). If, not later than forty five (45) days after receiving the notice described in subsection (a), an individual renews the individual's certification or registration, the individual may not be sanctioned for failing to renew the certification or registration on time. As added by P.L.143-2025, SEC.24.

Ind. Code § 16-27.5-1-4 Delay in renewal of certification or registration; time frame; requirements; validity

Sec. 4. (a) The state department may delay renewing an individual's certification or registration under this article for not more than one hundred twenty (120) days after the expiration of the certification or registration to allow the state department to investigate a complaint concerning an allegation described in section 2 of this chapter against the individual. (b) If the state department delays renewing an individual's certification or registration as described in subsection (a), the following must occur: (1) The state department shall notify the individual of the complaint and begin an investigation. (2) Before the delay period described in subsection (a) ends, the commission shall review evidence provided by the state department and hold a hearing to make a determination concerning the allegation, the individual's application for renewal, and, if appropriate, disciplinary action. (c) An individual's certification or registration remains valid under this section until the earlier of: (1) the commission's determination under subsection (b); or (2) the individual's application for renewal is denied. (d) If the commission fails to make a determination required under subsection (b), the state department shall renew the individual's certification or registration. As added by P.L.143-2025, SEC.24. Amended by P.L.23-2026, SEC.127.

Ind. Code § 16-27.5-1-5 Failure to appear

Sec. 5. The commission may take action against an individual's certification or registration under this article if the individual fails to appear at a hearing before the commission, as required by the commission. As added by P.L.143-2025, SEC.24.

Ind. Code § 16-27.5-1-6 Commission not precluded from making determination concerning allegation

Sec. 6. The state department's renewal of an individual's certification or registration under this article does not preclude the commission from making a determination concerning an allegation against the individual after the individual's certification or registration is renewed. As added by P.L.143-2025, SEC.24.

Ind. Code § 16-27.5-1-7 Application for certification or registration; forfeiture; extension

Sec. 7. (a) Except as provided in subsection (b), an individual who: (1) submits an application for certification or registration under this article; and (2) fails to meet the applicable requirements for the certification or registration not later than one (1) year after the date on which the individual submitted the application described in subdivision (1); forfeits the individual's application. (b) The commission may, for good cause, extend the validity of an individual's application described in subsection (a) for not more than thirty (30) days. (c) An application submitted by an individual after the individual forfeits an application under subsection (a) is considered a new application. As added by P.L.143-2025, SEC.24.

Ind. Code § 16-27.5-1-8 Rules

Sec. 8. The state department may adopt rules under IC 4-22-2, approved by the commission, to implement this article. As added by P.L.143-2025, SEC.24.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/16Fetched: 10/17/2026