Shown verbatim: the complete text as captured from the official PDF posted by the Indiana General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 473
AN ACT to amend the Indiana Code concerning health.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 12-15-12-9.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 9.5. (a) If a managed care
organization:
(1) contracts with the office to provide home modification
services under a risk based managed care program; and
(2) receives a request for a home modification from a patient
care coordinator;
the managed care organization shall submit a request for project
specifications for the home modification to a certified project
specification writer not later than fifteen (15) days from receipt of
the request.
(b) Not later than fifteen (15) days from receipt of the completed
project specifications, the managed care organization shall:
(1) approve; or
(2) deny with explanation;
the home modification.
(c) If the managed care organization approves the home
modification, the managed care organization shall request bids and
notify any willing provider of the bid request not later than five (5)
days from the approval for the home modification.
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(d) Not later than thirty (30) days from the request for bid
notification and receipt of bids, the managed care organization
shall notify:
(1) the winning bid provider of the award for the home
modification service; and
(2) each unsuccessful bid provider that the provider was not
awarded the bid and an explanation for not awarding the bid
to the provider.
SECTION 2. IC 12-23-18-2.5, AS AMENDED BY P.L.131-2014,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2.5. (a) An opioid treatment program must
periodically and randomly test, including before receiving treatment,
a patient for the following during the patient's treatment by the
program:
(1) Methadone.
(2) Cocaine.
(3) Opiates.
(4) Amphetamines.
(5) Barbiturates.
(6) Tetrahydrocannabinol.
(7) Benzodiazepines.
(8) Any other suspected or known drug that may have been
abused by the patient.
(b) If a patient tests positive under a test described in subsection (a)
for:
(1) a controlled substance other than a drug for which the patient
has a prescription or that is part of the patient's treatment plan at
the opioid treatment program; or
(2) an illegal drug other than the drug that is part of the patient's
treatment plan at the opioid treatment program;
the opioid treatment program and the patient must comply with the
requirements under subsection (c).
(c) If a patient tests positive under a test for a controlled substance
or illegal drug that is not allowed under subsection (a), the following
conditions must be met:
(1) The opioid treatment program must refer the patient to:
(A) the onsite physician; or
(B) another health care provider authorized to conduct the
clinical evaluation under section 5(g) of this chapter;
for a clinical evaluation that must be conducted not more than ten
(10) days after the date of the patient's positive test. The physician
or health care provider shall consult with medical and
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behavioral staff to conduct the evaluation. The clinical evaluation
must recommend a remedial action for the patient that may
include discharge from the opioid treatment program or amending
the treatment plan to require a higher level of supervision.
(2) The opioid treatment program may not, unless otherwise
authorized by the division, allow the patient to take any opioid
treatment medications from the treatment facility until the patient
has completed a clinical assessment under subdivision (1) and has
passed a random test. The patient must report to the treatment
facility daily, except when the facility is closed, until the onsite
physician or other authorized health care provider who
conducts the clinical evaluation under subdivision (1), after
consultation with the medical and behavioral staff, determines
that daily treatment is no longer necessary.
(3) The patient must take a weekly monthly random test until the
patient passes a test under subsection (a).
(d) An opioid treatment program must conduct all tests required
under this section in an observed manner to assure that a false sample
is not provided by the patient.
SECTION 3. IC 12-23-18-5, AS AMENDED BY P.L.181-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) The division shall adopt rules under
IC 4-22-2 to establish the following:
(1) Standards for operation of an opioid treatment program in
Indiana, including the following requirements:
(A) Except as otherwise prescribed by the division, an opioid
treatment program shall obtain prior authorization from the
division for any patient receiving more than fourteen (14) days
of opioid maintenance treatment medications at one (1) time
and the division may approve the authorization only under the
following circumstances:
(i) A physician licensed under IC 25-22.5 has issued an
order for the opioid treatment medication.
(ii) The patient has not tested positive under a drug test for
a drug for which the patient does not have a prescription for
a period of time set forth by the division.
(iii) The opioid treatment program has determined that the
benefit to the patient in receiving the take home opioid
treatment medication outweighs the potential risk of
diversion of the take home opioid treatment medication.
(B) Minimum requirements for a licensed physician's regular:
(i) physical presence in the opioid treatment facility; and
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(ii) physical evaluation and progress evaluation of each
opioid treatment program patient.
(C) Minimum staffing requirements by licensed and
unlicensed personnel.
(D) Clinical standards for the appropriate tapering of a patient
on and off of an opioid treatment medication.
(2) A requirement that, not later than February 28 of each year, a
current diversion control plan that meets the requirements of 21
CFR Part 290 and 42 CFR Part 8 be submitted for each opioid
treatment facility.
(3) Fees to be paid by an opioid treatment program for deposit in
the fund for annual certification under this chapter as described
in section 3 of this chapter.
The fees established under this subsection must be sufficient to pay the
cost of implementing this chapter.
(b) The division shall conduct an annual onsite visit of each opioid
treatment program facility to assess compliance with this chapter.
(c) Not later than April 1 of each year, the division shall report to
the general assembly in electronic format under IC 5-14-6 the
following information:
(1) The number of prior authorizations that were approved under
subsection (a)(1)(A) in the previous year and the:
(A) time frame for each approval; and
(B) duration of each approved treatment.
(2) The number of authorizations under subdivision (1) that were,
in the previous year, revoked due to a patient's violation of an
applicable term or condition.
(3) The number of each of the actions taken under section 5.8(a)
of this chapter in the previous year.
(4) The number and type of violations assessed for each action
specified in section 5.8(a) of this chapter in the previous year.
(d) A facility shall report, in a manner prescribed by the division, all
information required by the division to complete the report described
in subsection (c).
(e) An opioid treatment program may close on Sundays and a
national legal holiday recognized by the federal government.
(f) The division may not require the medical director of an
opioid treatment program to obtain admitting privileges at a
hospital.
(g) Any of the following health care providers may conduct an
initial assessment, examination, or evaluation of a patient,
including documenting the information in the patient's medical
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record, that is within the health care provider's scope of practice
and upon the patient's admission to an opioid treatment program:
(1) A physician licensed under IC 25-22.5.
(2) An advanced practice registered nurse who:
(A) is licensed under and meets the requirements of
IC 25-23; and
(B) maintains a collaborative agreement under
IC 25-23-1-19.4 with a physician who works onsite at the
opioid treatment program.
(3) A physician assistant who:
(A) is licensed under IC 25-27.5; and
(B) maintains a collaborative agreement with a physician
who works onsite at the opioid treatment program.
(h) The division may not establish rules or guidelines that are
more stringent than the regulations set forth in 42 CFR 8.12
concerning the following:
(1) Criteria for patient admission to an opioid treatment
program.
(2) Clinical standards concerning the administering or
dispensing of an initial dose of opioid treatment medication.
SECTION 4. IC 16-18-2-41.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 41.5. "Business associate", for
purposes of IC 16-41-8, has the meaning set forth in IC 16-41-8-0.2.
SECTION 5. IC 16-18-2-62, AS AMENDED BY P.L.143-2022,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
SEPTEMBER 1, 2025]: Sec. 62. (a) "Commission", for purposes of
IC 16-27.5, refers to the certified health care professions
commission established by IC 16-27.5-2-1.
(a) (b) "Commission", for purposes of IC 16-31, refers to the Indiana
emergency medical services commission.
(b) (c) "Commission", for purposes of IC 16-46-11.1, has the
meaning set forth in IC 16-46-11.1-1.
SECTION 6. IC 16-18-2-88.2, AS ADDED BY P.L.2-2019,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 88.2. (a) "Covered entity", for purposes of
IC 16-32-5, has the meaning set forth in IC 16-32-5-1.
(b) "Covered entity", for purposes of IC 16-41-8, has the
meaning set forth in IC 16-41-8-0.5.
SECTION 7. IC 16-18-2-162, AS AMENDED BY P.L.212-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
SEPTEMBER 1, 2025]: Sec. 162. (a) "Health care professional", for
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purposes of IC 16-27-1 and IC 16-27-4, has the meaning set forth in
IC 16-27-1-1.
(b) "Health care professional", for purposes of IC 16-27-2, has the
meaning set forth in IC 16-27-2-1.
(c) "Health care professional", for purposes of IC 16-27.5-5, has
the meaning set forth in IC 16-27.5-5-1.
SECTION 8. IC 16-18-2-174, AS AMENDED BY P.L.149-2023,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
SEPTEMBER 1, 2025]: Sec. 174. (a) "Home health aide", for purposes
of IC 16-27-1, IC 16-27.5, and IC 16-52, means an individual who
provides home health aide services.
(b) The term does not include the following:
(1) A health care professional.
(2) A volunteer who provides home health aide services without
compensation.
(3) An immediate member of the patient's family.
SECTION 9. IC 16-18-2-175 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE SEPTEMBER 1, 2025]: Sec. 175. (a) "Home
health aide services", for purposes of IC 16-27-1, has the meaning set
forth in IC 16-27-1-4.
(b) "Home health aide services", for purposes of IC 16-27.5-5,
has the meaning set forth in IC 16-27.5-5-1.
SECTION 10. IC 16-18-2-202.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE SEPTEMBER 1, 2025]: Sec. 202.1. "Licensed practical
nurse", for purposes of IC 16-27.5, has the meaning set forth in
IC 25-23-1-1.2.
SECTION 11. IC 16-18-2-237.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE SEPTEMBER 1, 2025]: Sec. 237.2. "Misconduct", for
purposes of IC 16-27.5, means any of the following acts performed
by a qualified medication aide:
(1) Stealing, diverting, or otherwise misusing medication.
(2) Administering medication in a manner that does not
comply with IC 16-27.5-4.
(3) Improperly storing medication.
(4) Performing duties outside the qualified medication aide's
scope of practice.
(5) Performing duties within a qualified medication aide's
scope of practice without adequate training or competency.
(6) Fraudulently procuring or attempting to procure or
maintain a qualified medication aide certification, including
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the following:
(A) Falsely representing facts on an individual's
application for certification or renewal of certification
under IC 16-27.5-4.
(B) Impersonating another:
(i) individual certified or registered under IC 16-27.5; or
(ii) licensed health care provider.
(C) Allowing another individual to utilize the qualified
medication aide's certification.
(D) Providing or receiving prohibited assistance during the
state examination.
(7) Obtaining supplies, equipment, or medication from the
qualified medication aide's employer for the qualified
medication aide's personal use.
(8) Except for payment for services or a nominal token of
appreciation or recognition, providing to or accepting from a
patient money or property.
(9) Using a patient's personal funds, including entering the
patient's financial account information into a device that is
not owned by the patient, without:
(A) express knowledge of the qualified medication aide's
employer; and
(B) documenting purchases in the patient's chart.
(10) Engaging in a sexual relationship with a patient.
(11) Cohabitating with a patient unless the qualified
medication aide:
(A) is a family member of the patient; or
(B) cohabitated with the patient before the qualified
medication aide became certified under IC 16-27.5.
(12) Demonstrating actual or potential inability to
competently practice as a qualified medication aide due to
illness, including a mental or physical condition, or the use of
drugs, alcohol, or any other substance.
(13) Possessing an illegal substance in a facility where the
qualified medication aide provides services.
(14) Engaging in conduct with a third party that results in
abuse, neglect, or misappropriation of patient property.
(15) Engaging in a patient's estate planning activities,
including being a power of attorney, guardian, executor, or
beneficiary of a patient's estate, unless the qualified
medication aide:
(A) is a family member of the patient; or
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(B) engaged in the estate planning activities before the
qualified medication aide became certified under
IC 16-27.5.
(16) Knowingly providing false information to the state
department or state surveyor during an investigation or
proceeding.
SECTION 12. IC 16-18-2-253.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE SEPTEMBER 1, 2025]: Sec. 253.1. "Nurse aide", for
purposes of IC 16-27.5, has the meaning set forth in IC 16-28-13-1.
SECTION 13. IC 16-18-2-253.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE SEPTEMBER 1, 2025]: Sec. 253.3. "Nurse aide
training program", for purposes of IC 16-27.5, means a training
program that:
(1) is authorized by the certified health care professions
commission established by IC 16-27.5-2-1;
(2) complies with 42 CFR 483.152 and 42 CFR 483.154; and
(3) is completed by an individual seeking to become a nurse
aide.
SECTION 14. IC 16-18-2-301.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE SEPTEMBER 1, 2025]: Sec. 301.9. "Qualified
medication aide", for purposes of IC 16-27.5, means a nurse aide,
health care practitioner, or individual who has satisfactorily
completed the requirements of IC 16-27.5-4.
SECTION 15. IC 16-18-2-313.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE SEPTEMBER 1, 2025]: Sec. 313.3. "Registered
nurse", for purposes of IC 16-27.5, has the meaning set forth in
IC 25-23-1-1.1.
SECTION 16. IC 16-18-2-344.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE SEPTEMBER 1, 2025]: Sec. 344.1. "Supervised
practical training", for purposes of IC 16-27.5, means training in
a laboratory or other setting in which the trainee demonstrates
knowledge while performing tasks on an individual under the
direct supervision of a registered nurse or a licensed practical
nurse and in compliance with 42 CFR 483.152.
SECTION 17. IC 16-18-2-344.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE SEPTEMBER 1, 2025]: Sec. 344.2. "Supervised
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practicum", for purposes of IC 16-27.5, means training in a health
care setting in which a qualified medication aide student
demonstrates competency while dispensing and distributing
medications and administering treatments under the direct
supervision of a registered nurse or a licensed practical nurse.
SECTION 18. IC 16-18-2-344.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE SEPTEMBER 1, 2025]: Sec. 344.3. "Supervision", for
purposes of IC 16-27.5-5, has the meaning set forth in
IC 16-27.5-5-1.
SECTION 19. IC 16-21-1-7.2, AS ADDED BY P.L.190-2023,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7.2. (a) The medical staff of:
(1) a hospital (as described in IC 16-21-2-7); or
(2) an ambulatory outpatient surgical center;
may make recommendations on the granting of clinical privileges or
the appointment or reappointment of an applicant to the governing
board of the hospital or ambulatory outpatient surgical center for a
period not to exceed thirty-six (36) months.
(b) The executive board may adopt rules under IC 4-22-2 to
implement this section.
SECTION 20. IC 16-27-1.5-4 IS REPEALED [EFFECTIVE
SEPTEMBER 1, 2025]. Sec. 4. The state department may adopt rules
under IC 4-22-2 to implement this chapter.
SECTION 21. IC 16-27-1.5-5 IS REPEALED [EFFECTIVE
SEPTEMBER 1, 2025]. Sec. 5. (a) This section applies to a registered
home health aide who:
(1) is employed as a home health aide; and
(2) provides care to an individual who has been diagnosed with or
experiences symptoms of Alzheimer's disease, dementia, or a
related cognitive disorder.
(b) As used in this section, "approved dementia training" refers to
a dementia training program:
(1) for use in training home health aides in the care of individuals
described in subsection (a)(2); and
(2) that has been approved by the state department under
subsection (f).
(c) Not later than sixty (60) days after the date on which a home
health aide is initially hired to care for an individual with Alzheimer's
disease, dementia, or a related cognitive disorder, the home health aide
shall complete at least six (6) hours of approved dementia training.
(d) Before December 31 of each year, a home health aide who has
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been employed as a home health aide for at least one (1) year shall
complete at least three (3) hours of approved dementia training.
(e) A home health aide who:
(1) has received the training required by subsections (c) and (d);
(2) has been employed as a home health aide for at least
twenty-four (24) consecutive months; and
(3) is hired by a home health agency;
is not required to repeat the training required by this section.
(f) The state department shall do the following:
(1) Identify and approve each dementia training program that
meets the following requirements:
(A) The dementia training program includes education
concerning the following:
(i) The nature of Alzheimer's disease, dementia, and other
related cognitive disorders.
(ii) Current best practices for caring for and treating
individuals with dementia.
(iii) Guidelines for the assessment and care of an individual
with dementia.
(iv) Procedures for providing patient centered quality care.
(v) The daily activities of individuals with dementia.
(vi) Dementia related behaviors, communication, and
positive intervention.
(vii) The role of an individual's family in caring for an
individual with dementia.
(B) The dementia training program:
(i) must be culturally competent; and
(ii) may be provided online.
(2) Establish and implement a process for state department
approval of a dementia training program.
(g) To the extent allowed by 42 CFR 484.80, the hours of approved
dementia training completed under this section satisfies an equivalent
number of hours of the home health aide training required by 42 CFR
484.80.
(h) An entity that provides approved dementia training shall provide
to each home health aide who successfully completes the training a
certificate of completion.
(i) A home health aide:
(1) is responsible for maintaining the home health aide's
certificate of completion; and
(2) may use the certificate of completion as proof of compliance
with this section.
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SECTION 22. IC 16-27-1.5-6 IS REPEALED [EFFECTIVE
SEPTEMBER 1, 2025]. Sec. 6. (a) A registered home health aide may
administer gastrointestinal and jejunostomy tube feedings to a specific
patient only if the following conditions are met:
(1) The registered home health aide has completed the training
curriculum described in subsection (b).
(2) A registered nurse, providing registered nursing under
IC 25-23-1-1.1(b)(6), either:
(A) supervises the registered home health aide in
administering the gastrointestinal and jejunostomy tube
feedings; or
(B) delegates responsibility for administering the
gastrointestinal and jejunostomy tube feedings to the
registered home health aide based on the registered nurse's
assessment of the registered home health aide's competency to
administer gastrointestinal and jejunostomy tube feedings.
(3) The home health agency that the registered home health aide
is employed with:
(A) allows the registered home health aide to administer
gastrointestinal and jejunostomy tube feedings;
(B) establishes a procedure for:
(i) the delegation of the administration of gastrointestinal
and jejunostomy tube feedings from a registered nurse to a
registered home health aide that includes patient specific
clinical parameters based on the registered nurse's
assessment of the patient and the registered home health
aide's competency to administer the gastrointestinal and
jejunostomy tube feedings; and
(ii) the assessment by the registered nurse of the patient
specific clinical parameters;
(C) retains documentation that the registered home health aide
has completed the training curriculum described in subsection
(b); and
(D) notifies each patient requiring gastrointestinal and
jejunostomy tube feedings upon admission that the home
health aide agency may allow registered home health aides to
administer gastrointestinal and jejunostomy tube feedings.
(b) Training curriculum for home health aides to administer
gastrointestinal and jejunostomy tube feedings must:
(1) be approved by the state department; and
(2) include the following concerning the administration of
gastrointestinal and jejunostomy tube feedings:
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(A) At least four (4) hours and not more than eight (8) hours
of classroom training.
(B) At least two (2) hours and not more than four (4) hours of
practical training.
(C) A written and practical examination administered by the
trainer.
(c) A registered home health aide may not administer
gastrointestinal and jejunostomy tube feedings until the home health
aide has successfully:
(1) completed the curriculum described in subsection (b); and
(2) passed the examinations described in subsection (b)(2)(C).
(d) The state department may require a registered home health aide
who administers gastrointestinal and jejunostomy tube feedings under
this section to annually complete not more than one (1) hour of in
service training specific to the administration of gastrointestinal and
jejunostomy tube feedings.
(e) Before January 1, 2024, the state department must approve at
least one (1) training curriculum described in subsection (b).
SECTION 23. IC 16-27-2-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE SEPTEMBER 1, 2025]: Sec. 9. A person
(other than a person denied employment or dismissed under this
chapter or against whom a finding is made for the registry of nurse
aides under 42 CFR 483.156) who in good faith:
(1) denies employment to an individual or dismisses an individual
from employment under this chapter;
(2) testifies or participates in an investigation or an administrative
or a judicial proceeding arising from:
(A) this chapter; or
(B) 42 CFR 483 regarding the registry of nurse aides; or
(3) makes a report to the state department, the certified health
care professions commission, or the registry of nurse aides;
is immune from both civil and criminal liability arising from those
actions.
SECTION 24. IC 16-27.5 IS ADDED TO THE INDIANA CODE
AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE
SEPTEMBER 1, 2025]:
ARTICLE 27.5. AIDE CERTIFICATION AND REGISTRY
Chapter 1. Administration
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:
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(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.
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.
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.
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
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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) commission's determination under subsection (a); 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.
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.
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.
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
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a new application.
Sec. 8. The state department may adopt rules under IC 4-22-2,
approved by the commission, to implement this article.
Chapter 2. Certified Health Care Professions Commission
Sec. 1. (a) The certified health care professions commission is
established as a continuing commission for executive branch
purposes and shall be staffed by the state department.
(b) The commission consists of the following members, all of
whom are voting members, appointed by the governor:
(1) Two (2) individuals, each of whom is a nurse aide,
qualified medication aide, or home health aide in Indiana.
(2) Three (3) individuals, each of whom is a registered nurse
in Indiana, and at least one (1) of whom has experience
training certified nurse aides, qualified medication aides, or
home health aides.
(3) One (1) individual who is a health facility administrator in
Indiana.
(4) One (1) individual who is a consumer of nursing services
in Indiana.
(c) A member appointed under subsection (b)(1) through (b)(3)
must have at least five (5) years of health care experience.
(d) A member appointed to the commission serves a term under
IC 25-1-6.5 and may be removed under IC 25-1-6.5-4.
(e) Four (4) members of the commission constitute a quorum.
An affirmative vote of a majority of the members appointed to the
commission is required for action by the commission.
(f) The first meeting of the commission shall be held within
thirty (30) days after the members of the commission have been
appointed. At the first meeting, the commission shall elect a
chairperson from among the members of the commission for a one
(1) year term. An individual may not be elected as chairperson for
more than two (2) consecutive one (1) year terms.
(g) The commission shall meet at least four (4) times per year at
times and places determined by the commission. Additional
meetings may be called at any time by the chairperson or any four
(4) members of the commission to be held at such time and place as
may be designated in the call.
Sec. 2. Each member of the commission who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). Each member of the commission is entitled to
reimbursement for travel expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
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state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
Sec. 3. The state department shall perform administrative
functions, duties, and responsibilities for the commission, including
the following:
(1) Employing necessary staff.
(2) Providing notice of commission meetings and
communications.
(3) Maintaining records concerning:
(A) commission meetings, proceedings, and actions; and
(B) individuals certified or registered under this article.
(4) Issuing and renewing certifications and registrations
under this article.
Sec. 4. (a) The commission shall do the following:
(1) Consider and make determinations concerning the
qualifications of individuals who apply for any of the
following:
(A) A certification as a nurse aide.
(B) A certification as a qualified medication aide.
(C) A registration as a home health aide.
(2) Renew registrations and certifications under this article.
(3) Consider and make determinations concerning the
qualifications for the following training programs:
(A) Nurse aide.
(B) Qualified medication aide.
(C) Home health aide.
(4) Consider and make determinations concerning the
qualifications for instructors of nurse aide training programs
and qualified medication aide training programs.
(5) Consider and make determinations concerning the
curriculum for the following programs:
(A) A nurse aide training program.
(B) A qualified medication aide training and competency
evaluation program.
(C) A home health aide training and competency
evaluation program.
(6) Direct the state department:
(A) regarding the implementation of this subsection; and
(B) to adopt rules under IC 4-22-2 to implement this
article.
(b) The commission shall:
(1) review evidence concerning allegations against a certified
SEA 473 — Concur
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nurse aide, qualified medication aide, or home health aide
submitted by the state department under IC 16-27.5-1;
(2) allow an individual described in subdivision (1) to provide
an oral or written statement to the commission concerning the
evidence; and
(3) if appropriate, direct the state department to enter a
finding in the registry established under IC 16-27.5-1 against
the individual described in subdivision (1).
Chapter 3. Certification of Nurse Aides
Sec. 1. (a) Except as provided in subsections (b) through (f), an
individual shall do the following to become a certified nurse aide:
(1) Apply for certification in the manner prescribed by the
state department.
(2) Complete a nurse aide training program as prescribed by
the commission.
(3) Pass the state nurse aide competency examination with at
least a minimum score, as prescribed by the commission.
(4) Submit a signed affidavit affirming, under the penalties for
perjury, that the individual has not been convicted of a crime
set forth in IC 16-28-13-3 that prohibits the individual from
being employed.
(b) A nursing student currently enrolled in an accredited
nursing education program shall do the following to become a
certified nurse aide:
(1) Apply for certification in the manner prescribed by the
state department.
(2) Successfully complete at least one (1) semester of an
accredited nursing school program.
(3) Pass foundational nursing course work, as determined by
the commission, and submit a transcript verifying the
successful completion of the required course work.
(4) Pass the state nurse aide competency examination with at
least a minimum score, as prescribed by the commission.
(5) Submit a signed affidavit affirming, under the penalties for
perjury, that the individual has not been convicted of a crime
set forth in IC 16-28-13-3 that prohibits the individual from
being employed.
(c) A nursing student who has graduated from an accredited
nursing education program shall do the following to become a
certified nurse aide:
(1) Apply for certification in the manner prescribed by the
state department.
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(2) Provide a transcript verifying completion of the accredited
nursing program in the previous twenty-four (24) months.
(3) Pass the state nurse aide competency examination with at
least a minimum score, as prescribed by the commission.
(4) Submit a signed affidavit affirming, under the penalties for
perjury, that the individual has not been convicted of a crime
set forth in IC 16-28-13-3 that prohibits the individual from
being employed.
(d) An individual who is a nurse aide, or the equivalent, in
another state shall do the following to become a certified nurse aide
in Indiana:
(1) Apply for certification in the manner prescribed by the
state department.
(2) Submit proof that the applicant is a nurse aide in good
standing with no verified complaints in another state or
criminal convictions since becoming certified in the other
state.
(3) Submit a signed affidavit affirming, under the penalties for
perjury, that the individual has not been convicted of a crime
set forth in IC 16-28-13-3 that prohibits the individual from
being employed.
(e) An emergency medical responder (as defined in
IC 16-18-2-109.8) or another health care practitioner, as
determined by the commission, shall do the following to become a
certified nurse aide:
(1) Apply for certification in the manner prescribed by the
state department.
(2) Submit a signed affidavit affirming, under the penalties for
perjury, that the individual has not been convicted of a crime
set forth in IC 16-28-13-3 that prohibits the individual from
being employed.
(3) Pass the state nurse aide competency examination with at
least a minimum score, as prescribed by the commission.
(f) An individual with military health care training who does not
qualify under another subsection shall do the following to become
a certified nurse aide:
(1) Apply for certification in the manner prescribed by the
state department.
(2) Provide documentation verifying the completed military
health care training.
(3) Pass the state nurse aide competency examination with at
least a minimum score, as prescribed by the commission.
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(4) Submit a signed affidavit affirming, under the penalties for
perjury, that the individual has not been convicted of a crime
set forth in IC 16-28-13-3 that prohibits the individual from
being employed.
(g) An individual applying for certification under this chapter
shall provide on the individual's application the individual's:
(1) full name;
(2) telephone number;
(3) mailing address; and
(4) electronic mail address;
and any other information required by the state department and
commission.
(h) An individual described in subsection (b), (c), or (f) may take
the state nurse aide competency examination not more than four
(4) times in a two (2) year period. If the individual does not pass the
state nurse aide competency examination after four (4) attempts in
a two (2) year period, the individual must personally appear before
the commission before reapplying for certification under this
chapter.
(i) A health care facility or other employer of an individual who
applies for certification under this section shall request and obtain
the release of a limited criminal history under IC 10-13-3-27(b)
from the state police for each individual who applies for
certification under this section.
(j) Certification under this section is valid for two (2) years. The
state department may prescribe the manner in which to renew
certification. An individual certified under this section who wants
to renew the certification shall do so in the manner prescribed by
the state department.
(k) In order to renew a certification described in this section, a
certified nurse aide shall complete the inservice training required
under 42 CFR 483.95.
(l) Before directing the state department to issue or renew a
certification to an individual who applies for certification under
this section, the commission may require the individual to
personally appear before the commission to discuss questions
concerning the individual's application.
(m) The application requirements for certification under this
chapter must comply with federal law.
Sec. 2. A health care facility, organization, or institution may
establish a nurse aide training program. The program must be
approved by the commission and comply with 42 CFR 483.152.
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Sec. 3. (a) A nurse aide who is hired to work in a health care
facility shall:
(1) have successfully completed a nurse aide training program
approved by the state department; or
(2) be enrolled in the first available approved training
program that begins not more than sixty (60) days from the
date of the nurse aide's employment.
(b) A nurse aide who:
(1) was removed from the nurse aide registry established
under IC 16-27.5-1 in the previous five (5) years due to not
performing any nursing or nursing related services for at
least twenty-four (24) consecutive months under 42 CFR
483.156; and
(2) has had no findings of abuse, neglect, or misappropriation
of patient property while certified;
may be reinstated to the registry following the successful passage
of the state nurse aide examination.
Sec. 4. (a) A health care facility, organization, or institution
seeking approval for a nurse aide training program shall submit an
application for approval to the commission in the manner
prescribed by the state department.
(b) A nurse aide training program must include seventy-five
(75) hours of training, a majority of which are supervised clinical
experiences. At least sixteen (16) hours of the supervised clinical
experiences must be supervised practical training.
(c) Upon direction of the commission, the state department may
revoke approval of a nurse aide training program for cause
following proceedings described in IC 4-21.5.
Sec. 5. (a) A nurse aide training program that was approved by
the state department before September 1, 2025, is deemed to be
approved by the commission with no further action necessary.
Curriculum established by the state department before September
1, 2025, for the implementation of nurse aide training programs is
deemed approved by the commission.
(b) This section expires December 31, 2025.
Sec. 6. (a) A nurse aide training program shall employ
instructors who meet the requirements of 42 CFR 483.152.
(b) The state department shall certify individuals who meet the
requirements described in subsection (a) as certified nurse aide
instructors. The state department shall establish a procedure for
the certification of instructors under this section.
(c) Certification under this section is valid for two (2) years and
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may be renewed in the manner prescribed by the commission.
Sec. 7. A certified nurse aide shall notify the state department
of any change in the certified nurse aide's mailing address or
electronic mail address not later than thirty (30) days after the date
on which the address changed.
Sec. 8. (a) An individual may not:
(1) profess to be a certified nurse aide; or
(2) use the initials "CNA" or any other words, letters,
abbreviations, or insignia indicating or implying that the
individual is a certified nurse aide;
unless the individual holds a certification under this chapter.
(b) An individual who knowingly or intentionally violates this
section commits a Class A misdemeanor.
Sec. 9. An individual may not work as a certified nurse aide
unless the individual holds a certification under this chapter.
Chapter 4. Certification of Qualified Medication Aides
Sec. 1. (a) Except as provided in subsections (b) through (f), a
nurse aide shall do the following to be certified as a qualified
medication aide:
(1) Apply for the certification in the manner prescribed by the
state department.
(2) Complete the qualified medication aide training and
competency evaluation program.
(3) Pass the qualified medication aide competency
examination with at least the minimum score, as prescribed
by the commission.
(b) A nursing student of an accredited nursing education
program shall do the following to be certified as a qualified
medication aide:
(1) Apply for the certification in the manner prescribed by the
state department.
(2) Be currently enrolled in an accredited nursing education
program.
(3) Satisfactorily complete a course in pharmacology or its
equivalent course and submit a transcript verifying the
successful completion of the course.
(4) Successfully complete the supervised practicum portion of
the qualified medication aide training and competency
evaluation program.
(5) Pass the qualified medication aide competency
examination with at least the minimum score, as prescribed
by the commission.
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(c) A nursing student who has graduated from an accredited
nursing education program shall do the following to be certified as
a qualified medication aide:
(1) Apply for the certification in the manner prescribed by the
state department.
(2) Provide a transcript verifying successful completion of the
accredited nursing program in the previous twenty-four (24)
months.
(3) Pass the qualified medication aide competency
examination with at least the minimum score, as prescribed
by the commission.
(d) An individual who is a qualified medication aide, or the
equivalent in another state, shall do the following to be certified as
a qualified medication aide in Indiana:
(1) Apply for the certification in the manner prescribed by the
state department.
(2) Submit proof that the individual is a qualified medication
aide in good standing with no verified complaints in another
state.
(3) Submit to a national criminal history background check
under IC 25-1-1.1-4.
(e) An emergency medical technician (as defined in
IC 16-18-2-112), an advanced emergency medical technician (as
defined in IC 16-18-2-6.5), a paramedic (as defined in
IC 16-18-2-266), a psychiatric attendant, or another health care
practitioner, as determined by the commission, shall do the
following to be certified as a qualified medication aide:
(1) Apply for the certification in the manner prescribed by the
state department.
(2) Pass the qualified medication aide competency
examination with at least a minimum score, as prescribed by
the commission.
(3) Submit to a national criminal history background check
under IC 25-1-1.1-4.
(f) An individual with military health care training who does not
qualify under another subsection shall do the following to be
certified as a qualified medication aide:
(1) Apply for the certification in the manner prescribed by the
state department.
(2) Submit documented evidence of the completed military
health care training.
(3) Pass the qualified medication aide competency
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examination with at least a minimum score, as prescribed by
the commission.
(4) Submit to a national criminal history background check
under IC 25-1-1.1-4.
(g) An individual applying for certification under this chapter
shall provide on the individual's application the individual's:
(1) full name;
(2) telephone number;
(3) mailing address; and
(4) electronic mail address;
and any other information required by the state department and
commission.
(h) An individual described in subsection (b), (c), (e), or (f) may
take the qualified medication aide competency examination not
more than four (4) times during a two (2) year period. If an
individual does not pass the examination after four (4) attempts in
a two (2) year period, the applicant must personally appear before
the commission before reapplying for certification under this
chapter.
(i) Certification under this section is valid for two (2) years. The
state department may prescribe the manner in which to renew
certification. An individual certified under this section who wants
to renew the certification shall do so in the manner prescribed by
the state department.
(j) Before directing the state department to issue or renew a
certification to an individual who applies for certification under
this section, the commission may require the individual to
personally appear before the commission to discuss questions
concerning the individual's application.
(k) In order to renew a certification described in this section, a
qualified medication aide shall complete at least six (6) hours of
inservice education during the two (2) year certification period.
(l) A qualified medication aide who is authorized to administer
insulin shall complete at least seven (7) hours of inservice
education, with at least one (1) hour dedicated to insulin
administration, during the two (2) year certification period in
order to renew the certification.
(m) The application requirements for certification under this
chapter must comply with federal law.
Sec. 2. (a) Except as provided in section 1 of this chapter, an
individual may not work as a qualified medication aide unless the
individual has:
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(1) satisfactorily completed an approved qualified medication
aide training and competency evaluation program; and
(2) passed the qualified medication aide competency
examination.
(b) An individual must meet the following requirements in order
to participate in an approved qualified medication aide training
and competency evaluation program:
(1) Provide proof that the individual has received a high
school diploma or a high school equivalency certificate.
(2) Be at least eighteen (18) years of age.
(3) Provide proof of certification as a nurse aide in good
standing.
(4) Have either:
(A) completed at least one thousand (1,000) hours of
documented work experience as a nurse aide; or
(B) requested and been granted by the commission a
waiver of the hours required in clause (A) for a reduced
work requirement.
Sec. 3. (a) A qualified medication aide training and competency
evaluation program must meet the following requirements:
(1) Be composed of not more than one hundred (100) hours of
training composed of classroom instruction and supervised
practicum.
(2) Be taught by instructors who meet the requirements of
section 8 of this chapter.
(b) Upon direction of the commission, the state department may
revoke approval of a qualified medication aide training program
for cause following proceedings described in IC 4-21.5.
Sec. 4. Before a health care facility may allow an individual to
work as a qualified medication aide, the health care facility must
verify that an individual has met certification requirements of this
chapter and is included on the registry established under
IC 16-27.5-1. However, an individual may begin working if the
individual can prove that the individual:
(1) successfully completed a qualified medication aide training
and competency evaluation program approved by the
commission; and
(2) has not yet been included on the registry.
Sec. 5. (a) Supervised practicum requirements for a qualified
medication aide training and competency evaluation program must
occur at a health care facility.
(b) The classroom training requirements for qualified
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medication aide training may be provided by any of the following:
(1) A health facility licensed under IC 16-28.
(2) A program operated by an Indiana vocational school
governed by the department of education or the North
Central Association of College and Schools.
(3) An accredited nursing education program.
(4) A nonfacility program.
A classroom training program or site must have the necessary
supplies and equipment to train qualified medication aides.
Sec. 6. (a) A qualified medication aide training and competency
evaluation program curriculum must include the following
training:
(1) Communication and interpersonal skills concerning
patients, including the following:
(A) Techniques for addressing the unique needs and
behaviors of individuals with dementia or Alzheimer's
disease.
(B) Communication with cognitively impaired patients.
(C) Understanding the behavior of cognitively impaired
patients.
(D) Appropriate responses to behavior of cognitively
impaired patients.
(E) Methods of reducing the effects of cognitive
impairments.
(2) Infection control.
(3) Safety and emergency procedures, including the Heimlich
maneuver.
(4) Patient independence.
(5) Patient rights.
(6) Abuse, neglect, and misappropriation of patient property.
(7) Fundamentals of pharmacology.
(8) Medication orders.
(9) Care of long term patients and monitoring for effects of
medication usage.
(10) Fundamentals of the following systems and medications
affecting each system:
(A) Gastrointestinal.
(B) Musculoskeletal.
(C) Skin and sensory.
(D) Urinary.
(E) Cardiovascular.
(F) Respiratory.
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(G) Endocrine.
(H) Male and female reproductive.
(I) Nervous.
(11) Psychotherapeutic medications.
(12) Inflammation, infection, immunity, and malignant
disease.
(13) Nutritional deficiencies.
(14) Principles of administering medications.
(15) Documentation of medication administration.
(16) Positioning of patients in preparation for medication and
treatment administration, including the following:
(A) Supine position.
(B) Lateral or Sim's position.
(C) Fowler's position.
(D) Prone position.
(E) Semi Fowler's position.
(F) Dorsal recumbent position.
(17) Temperature taking via oral, axillary, otic, temporal
artery, or rectal using a thermometer.
(18) Measurement of vital signs, including pulse, respiratory
rate, and blood pressure.
(19) Observation reporting to a licensed nurse and
documentation of the observations in the medical record.
(20) Clean technique in handling medications and dressings.
(21) Administration of oxygen through a nasal cannula or
nonsealing mask.
(22) Use of an oximeter to obtain oxygen saturation.
(23) Administration of medications through a gastrostomy
tube (G-tube) and a jejunostomy tube (J-tube).
(24) Administration of medication through a metered dose
inhaler.
(25) Hemoccult testing.
(26) Finger stick blood glucose testing.
(27) Dressing application for a minor skin tear.
(28) Dressing application for a healed gastrostomy tube
(G-tube) and a jejunostomy tube (J-tube) site.
(29) Colostomy bag emptying and changing.
(30) Insertion of a commercially prepared disposable enema.
(31) Administration of a sitz bath.
(32) Application of cold dry compresses.
(33) Performance of diabetic urine testing.
(34) Collection of fecal and urine specimens.
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(b) A qualified medication aide training and competency
evaluation program curriculum must require an individual in the
program to do the following:
(1) Demonstrate competency through return demonstration
of skills under the direct supervision of a registered nurse or
licensed practical nurse.
(2) Complete a supervised practicum checklist, approved by
the commission.
(c) The supervised practicum checklist described in subsection
(b)(2) must include the following:
(1) The date of each observation signed by the individual in
the program and the registered nurse or licensed practical
nurse who observed the individual.
(2) A competency achievement statement signed by the
individual in the program and the registered nurse or licensed
practical nurse who observed the individual demonstrate
competency in the following:
(A) Initial steps, as determined by the commission.
(B) Final steps, as determined by the commission.
(C) Preparation and administration of oral, liquid, and
powdered medication, including controlled substances.
(D) Application of the following:
(i) Topical lotion, ointment, or cream.
(ii) A transdermal patch.
(E) Administration of the following:
(i) Eye drops and ophthalmic ointment.
(ii) Ear drops.
(iii) Nasal medication through an atomizer.
(iv) Nasal drops through a dropper.
(v) Vaginal cream.
(F) Insertion of a vaginal and a rectal suppository.
(G) Treatment of scabies and pediculosis.
(H) The skills described in the following:
(i) Subsection (a)(16) through (a)(18).
(ii) Subsection (a)(21).
(iii) Subsection (a)(23) through (a)(27).
(iv) Subsection (a)(29) through (a)(30).
(v) Subsection (a)(32).
(vi) Subsection (a)(34).
(d) An individual in the program may attempt each task on the
supervised practicum checklist described in subsection (b)(2) until
satisfactorily completing the task.
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(e) If a task described in subsection (b)(2) is not available for an
individual in the program to perform during the supervised
practicum, the registered nurse or licensed practical nurse
supervising the individual shall:
(1) allow the individual to simulate the task in a laboratory
setting; and
(2) document on the supervised practicum checklist that the
task was simulated in a laboratory setting.
(f) A completed supervised practicum checklist must be placed
in the individual's file and be made available to the commission
upon request.
Sec. 7. The commission may remove approval to provide
training for qualified medication aides if the entity providing the
training does any of the following:
(1) Fails to meet the requirements of this chapter or any other
state regulation.
(2) Falsifies any documents concerning the training of
qualified medication aides.
(3) Has a pattern of excessive failure rates on the competency
evaluation test.
(4) Has validated training improprieties.
(5) Violates requirements of this chapter, as determined by
the commission.
Sec. 8. (a) An individual must meet the following requirements
in order to be certified as an instructor of a qualified medication
aide training and competency evaluation program:
(1) Be licensed as a registered nurse or a licensed practical
nurse.
(2) Have at least one (1) year of nursing experience.
(3) Have completed a qualified medication aide training and
competency evaluation instructor course approved by the
commission.
(b) An individual shall apply to the state department for
certification as an instructor of a qualified medication aide training
and competency evaluation program in the manner prescribed by
the commission.
Sec. 9. A qualified medication aide competency evaluation test
must meet the following requirements:
(1) Be administered by a state approved testing entity.
(2) Consist of multiple choice questions.
(3) Be updated to include new medications, medication
classifications, or otherwise to maintain a valid exam.
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Sec. 10. (a) The following tasks are within the scope of practice
of a qualified medication aide certified under this chapter unless
prohibited by health care facility policy:
(1) Observing and reporting to the health care facility's
licensed nurse a patient's exhibited reactions or side effects to
medications.
(2) Measuring and documenting vital signs before the
administration of medications that could impact vital signs,
and reporting to the health care facility's licensed nurse a
patient's abnormalities that may prohibit medication
administration.
(3) Administering and documenting regularly prescribed
medications for which the qualified medication aide has
received training to administer after personally preparing
and administering the medication.
(4) Initiating oxygen per nasal cannula or nonsealing mask
only if the following are met:
(A) The situation is an emergency.
(B) The qualified medication aide notifies the health care
facility's licensed nurse.
(C) The qualified medication aide documents the action
and notification.
(5) Obtaining oxygen saturation using an oximeter that has
been calibrated by another health care provider within that
provider's scope of practice and reporting the result to the
health care facility's licensed nurse.
(6) Applying physician or other authorized health care
provider ordered oral, ophthalmic, otic, nasal, vaginal, and
rectal medications.
(7) Crushing and administering medications in accordance
with the drug manufacturer's instructions, physician's orders,
or other authorized health care provider's orders.
(8) Altering capsules if a physician or other authorized health
care provider has prescribed the medication to be altered in
that manner.
(9) Counting, administering, and documenting controlled
substances.
(10) Administering medications through a gastrostomy tube
(G-tube) and a jejunostomy tube (J-tube).
(11) Administering previously ordered pro re nata medication
when authorization is obtained from the health care facility's
licensed nurse.
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(12) Applying topical medication to minor skin conditions.
(13) Administering medication through a metered dose
inhaler.
(14) Conducting hemoccult testing and reporting results to the
health care facility's licensed nurse.
(15) Conducting finger stick blood glucose testing and
reporting the result to the health care facility's licensed nurse.
(16) Applying a dressing to a minor skin tear that has been
assessed by the health care facility's licensed nurse.
(17) Providing ordered site care and applying a dressing to a
healed gastrostomy tube (G-tube) and a jejunostomy tube
(J-tube) site.
(18) Emptying and changing a colostomy bag.
(19) Instilling a commercially prepared disposable enema
after the patient has been assessed by the health care facility's
licensed nurse and the licensed nurse has instructed the
qualified medication aide to instill the enema.
(20) Applying a cold, dry compress as directed by a physician,
other authorized health care provider, or the health care
facility's licensed nurse in an emergency situation that
requires first aid treatment.
(21) Collecting fecal or urine specimens, as ordered by a
physician or other authorized health care provider.
(22) Documenting observations and issues in the medical
record that are reported to the qualified medication aide by
the patient.
(b) Except as provided in section 11 of this chapter, a qualified
medication aide may not perform the following tasks which are
outside of the qualified medication aide's scope of practice:
(1) Administering medications by the injection route,
including the following routes:
(A) Intramuscular.
(B) Intravenous.
(C) Subcutaneous.
(D) Intradermal.
(2) Administering medications used for intermittent positive
pressure breathing treatments or any form of medication
inhalation treatments. This subdivision does not include a
prohibition on metered dose inhalers.
(3) Administering medications through a nasogastric tube.
(4) Except as provided in subsection (a)(19), instilling
irrigation fluids of any type.
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(5) Assuming responsibility for receiving in writing or
receiving a verbal telephone order.
(6) Administering a treatment that involves advanced skin
conditions, including stages II through IV decubitus ulcers.
(c) A qualified medication aide may not document any
medication that was administered by another person or not
administered at all in a patient's medical record.
(d) If a qualified medication aide obtains authorization to
administer a previously ordered pro re nata medication as
described in subsection (a)(11), the qualified medication aide shall
do the following:
(1) Document any symptoms indicating the need for the
medication and the time the symptoms occurred in the
patient's medical record.
(2) Document that protocol was followed by notifying the
health care facility's licensed nurse describing the symptoms
and that authorization was obtained to administer the
medication and the time of contact.
(3) Obtain permission to administer the medication each time
the symptoms occur in the patient.
(4) Ensure that the patient's medical record is cosigned by the
health care facility's licensed nurse who granted authorization
by the end of the shift or if the licensed nurse was on call, by
the end of the licensed nurse's next tour of duty.
Sec. 11. (a) The commission shall establish an optional training
module in the administration of insulin to be used to train a
qualified medication aide. The training module must include the
following:
(1) At least four (4) and not more than eight (8) hours of
classroom training.
(2) At least two (2) and not more than four (4) hours of
practical training.
(3) The administration of a written and practical examination
administered by the trainer.
A qualified medication aide must successfully complete the course,
pass the examination, and meet the requirements of this chapter in
order to administer insulin.
(b) A qualified medication aide certified under this chapter may
administer insulin to a specific patient at a health care facility if the
following conditions are met:
(1) A registered nurse providing registered nursing (as
defined in IC 25-23-1-1.1(b)):
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(A) supervises the qualified medication aide in
administering the insulin; or
(B) delegates responsibility for administering the insulin to
the qualified medication aide based on the registered
nurse's assessment of the qualified medication aide's
competency to administer insulin.
(2) The health care facility where the qualified medication
aide is employed:
(A) permits the qualified medication aide to administer
insulin;
(B) establishes a procedure for:
(i) the delegation of insulin administration from a
registered nurse to a qualified medication aide that
includes patient specific clinical parameters based on the
registered nurse's assessment of the patient and the
qualified medication aide's competency to administer the
insulin; and
(ii) when the patient specific parameters require a new
assessment by the registered nurse;
(C) retains documentation that the qualified medication
aide has completed the optional training module for the
administration of insulin under this section; and
(D) notifies each patient upon admission to the health care
facility that the health care facility may allow a qualified
medication aide to administer insulin.
(3) The qualified medication aide may not administer a dose
of concentrated insulin equal to or greater in strength or
activity than a dose of U-500 insulin.
Sec. 12. A health facility licensed under IC 16-28 shall report
any incident of alleged abuse, neglect, misappropriation of patient
property, or misconduct by a qualified medication aide to the state
department.
Sec. 13. A qualified medication aide shall notify the state
department of any change in the qualified medication aide's
mailing address or electronic mail address not later than thirty (30)
days after the date on which the address changed.
Sec. 14. (a) An individual may not:
(1) profess to be a qualified medication aide; or
(2) use the initials "QMA" or any other words, letters,
abbreviations, or insignia indicating or implying that the
individual is a qualified medication aide;
unless the individual has a valid certification issued under this
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chapter.
(b) An individual who knowingly or intentionally violates this
section commits a Class A misdemeanor.
Chapter 5. Home Health Aides
Sec. 1. (a) As used in this chapter, "health care professional"
means any of the following:
(1) A physician licensed under IC 25-22.5.
(2) A dentist licensed under IC 25-14.
(3) A chiropractor licensed under IC 25-10-1.
(4) A nurse licensed under IC 25-23-1.
(5) A podiatrist licensed under IC 25-29.
(6) An optometrist licensed under IC 25-24.
(7) A physical therapist licensed under IC 25-27 or a physical
therapy assistant certified under IC 25-27.
(8) A speech-language pathologist or an audiologist licensed
under IC 25-35.6-3.
(9) A speech-language pathology aide or an audiology aide (as
defined in IC 25-35.6-1-2).
(10) An:
(A) occupational therapist licensed; or
(B) occupational therapy assistant licensed;
under IC 25-23.5.
(11) A social worker licensed under IC 25-23.6 or a clinical
social worker licensed under IC 25-23.6.
(12) A pharmacist licensed under IC 25-26-13.
(b) As used in this chapter, "home health aide services" means
only those home health services that may be performed by a home
health aide under this chapter and 42 CFR 484.80.
(c) As used in this chapter, "supervision" means guidance
provided by a qualified health care professional to a subordinate
for the purpose of accomplishing a function or activity.
Sec. 2. (a) An individual shall do the following to become a
registered home health aide:
(1) Apply for registration in the manner prescribed by the
commission.
(2) Complete a competency evaluation program described in
section 5 of this chapter.
(b) An individual applying for registration under this chapter
shall provide on the individual's application the individual's:
(1) full name;
(2) telephone number;
(3) mailing address; and
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(4) electronic mail address;
and any other information required by the state department and
commission.
(c) Registration under this section is valid for two (2) years. The
state department may prescribe the manner in which to renew the
registration. An individual registered under this section who wants
to renew the registration shall do so in the manner prescribed by
the state department.
(d) Before directing the state department to issue or renew a
registration to an individual who applies for registration under this
section, the commission may require the individual to personally
appear before the commission to discuss questions concerning the
individual's application.
(e) In order to renew a registration under this section, a home
health aide shall complete inservice training required under section
4 of this chapter during the two (2) year registration period.
(f) The commission or state department may not require a home
health aide to pay a fee for registration, including a renewal fee.
(g) The application requirements for certification under this
chapter must comply with federal law.
Sec. 3. An individual who is a home health aide, or the
equivalent in another state, shall do the following to be registered
as a home health aide in Indiana:
(1) Apply for registration in the manner prescribed by the
state department.
(2) Submit proof that the individual is a home health aide in
good standing and does not have a verified complaint in
another state.
(3) Submit to a national criminal history background check
under IC 25-1-1.1-4.
Sec. 4. (a) Except as provided in subsection (b), a home health
aide registered under this chapter shall complete at least twelve
(12) inservice training hours each calendar year, including a
minimum of eight (8) hours in the following topics:
(1) Communication skills, including the ability to read, write,
and provide brief and accurate oral presentations to patients,
caregivers, and other home health agency staff.
(2) Observing, reporting, and documenting patient care and
patient status.
(3) Reading and recording temperature, pulse, and
respiration.
(4) Infection control.
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(5) Basic elements of body functioning, including changes that
must be reported to a home health aide's supervisor.
(6) Maintaining a clean, safe, and healthy environment.
(7) Safety and emergency procedures.
(8) The physical, emotional, and development needs of
populations served by a home health agency, including patient
privacy, safety, and respect.
(9) Appropriate and safe techniques in personal hygiene,
including bathing and oral hygiene.
(10) Safe transfer techniques and ambulation.
(11) Normal range of motion and positioning.
(12) Adequate nutrition and fluid intake.
(13) Management and administration of medication.
(14) Any other task a home health agency may require a home
health aide to perform.
(b) In a registered home health aide's first year on the registry
established under IC 16-27.5-1, the number of hours of training
must be prorated, as determined by the commission.
(c) Except for a home health agency that has a probationary
license, any organization may provide home health aide inservice
training described in this section.
(d) A registered nurse shall provide or supervise the inservice
training described in this section. A home health agency shall
maintain documentation concerning the inservice training.
Sec. 5. (a) A home health aide competency evaluation program
must:
(1) operate in accordance with 42 CFR 484.80; and
(2) address each topic described in section 4(a) of this chapter.
(b) A home health aide competency evaluation program must
include at least seventy-five (75) hours of training. At least sixteen
(16) hours of classroom training must occur before supervised
practical training.
Sec. 6. An individual may not provide home health aide services
unless the individual is registered as a home health aide under this
chapter.
Sec. 7. A health care professional shall supervise a home health
aide in the provision of care to ensure competent care is provided.
Supervision of services must be within the health care
professional's scope of practice.
Sec. 8. Information required for entry of a home health aide in
the registry established under IC 16-27.5-1 must be the same as the
information required for nurse aides under 42 CFR 483.156(c).
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Sec. 9. A registered home health aide shall notify the
commission of any change in the registered home health aide's
mailing address or electronic mail address not later than thirty (30)
days after the date on which the address changed.
Sec. 10. (a) This section applies to a registered home health aide
who:
(1) is employed as a home health aide; and
(2) provides care to an individual who has been diagnosed
with or experiences symptoms of Alzheimer's disease,
dementia, or a related cognitive disorder.
(b) As used in this section, "approved dementia training" refers
to a dementia training program:
(1) for use in training home health aides in the care of
individuals described in subsection (a)(2); and
(2) that has been approved by the state department under
subsection (f).
(c) Not later than sixty (60) days after the date on which a home
health aide is initially hired to care for an individual with
Alzheimer's disease, dementia, or a related cognitive disorder, the
home health aide shall complete at least six (6) hours of approved
dementia training.
(d) Before December 31 of each year, a home health aide who
has been employed as a home health aide for at least one (1) year
shall complete at least three (3) hours of approved dementia
training.
(e) A home health aide who:
(1) has received the training required by subsections (c) and
(d);
(2) has been employed as a home health aide for at least
twenty-four (24) consecutive months; and
(3) is hired by a home health agency;
is not required to repeat the training required by this section.
(f) The commission shall do the following:
(1) Approve each dementia training program that meets the
following requirements:
(A) The dementia training program includes education
concerning the following:
(i) The nature of Alzheimer's disease, dementia, and
other related cognitive disorders.
(ii) Current best practices for caring for and treating
individuals with dementia.
(iii) Guidelines for the assessment and care of an
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individual with dementia.
(iv) Procedures for providing patient centered quality
care.
(v) The daily activities of individuals with dementia.
(vi) Dementia related behaviors, communication, and
positive intervention.
(vii) The role of an individual's family in caring for an
individual with dementia.
(B) The dementia training program:
(i) must be culturally competent; and
(ii) may be provided online.
(2) Direct the state department to establish and implement a
process for approval of a dementia training program.
(g) To the extent allowed by 42 CFR 484.80, the number of
hours of approved dementia training completed under this section
satisfies an equivalent number of hours of the home health aide
training required by 42 CFR 484.80.
(h) An entity that provides approved dementia training shall
provide to each home health aide who successfully completes the
training a certificate of completion.
(i) A home health aide:
(1) is responsible for maintaining the home health aide's
certificate of completion; and
(2) may use the certificate of completion as proof of
compliance with this section.
Sec. 11. (a) A registered home health aide may administer
gastrointestinal and jejunostomy tube feedings to a specific patient
only if the following conditions are met:
(1) The registered home health aide has completed the
training curriculum described in subsection (b).
(2) A registered nurse, providing registered nursing under
IC 25-23-1-1.1(b)(6), either:
(A) supervises the registered home health aide in
administering the gastrointestinal and jejunostomy tube
feedings; or
(B) delegates responsibility for administering the
gastrointestinal and jejunostomy tube feedings to the
registered home health aide based on the registered nurse's
assessment of the registered home health aide's
competency to administer gastrointestinal and jejunostomy
tube feedings.
(3) The home health agency that the registered home health
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aide is employed with:
(A) allows the registered home health aide to administer
gastrointestinal and jejunostomy tube feedings;
(B) establishes a procedure for:
(i) the delegation of the administration of gastrointestinal
and jejunostomy tube feedings from a registered nurse
to a registered home health aide that includes patient
specific clinical parameters based on the registered
nurse's assessment of the patient and the registered
home health aide's competency to administer the
gastrointestinal and jejunostomy tube feedings; and
(ii) the assessment by the registered nurse of the patient
specific clinical parameters;
(C) retains documentation that the registered home health
aide has completed the training curriculum described in
subsection (b); and
(D) notifies each patient requiring gastrointestinal and
jejunostomy tube feedings upon admission that the home
health aide agency may allow registered home health aides
to administer gastrointestinal and jejunostomy tube
feedings.
(b) Training curriculum for home health aides to administer
gastrointestinal and jejunostomy tube feedings must:
(1) be approved by the commission; and
(2) include the following concerning the administration of
gastrointestinal and jejunostomy tube feedings:
(A) At least four (4) hours and not more than eight (8)
hours of classroom training.
(B) At least two (2) hours and not more than four (4) hours
of practical training.
(C) A written and practical examination administered by
the trainer.
(c) A registered home health aide may not administer
gastrointestinal and jejunostomy tube feedings until the home
health aide has successfully:
(1) completed the curriculum described in subsection (b); and
(2) passed the examinations described in subsection (b)(2)(C).
(d) The commission may require a registered home health aide
who administers gastrointestinal and jejunostomy tube feedings
under this section to annually complete not more than one (1) hour
of inservice training specific to the administration of
gastrointestinal and jejunostomy tube feedings.
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Sec. 12. (a) A training curriculum described in section 11 of this
chapter that was approved by the state department before
September 1, 2025, is deemed approved by the commission.
(b) This section expires December 31, 2025.
SECTION 25. IC 16-28-1-11, AS AMENDED BY P.L.148-2023,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
SEPTEMBER 1, 2025]: Sec. 11. (a) Except as provided in subsection
(c), unless an individual is certified under this section: IC 16-27.5-3 or
IC 16-27.5-4:
(1) the individual may not practice as a qualified medication aide
or a certified nurse aide; and
(2) a facility may not employ the individual as a qualified
medication aide or a certified nurse aide.
(b) The state department shall do the following:
(1) Establish a program for the certification of qualified
medication aides and certified nurse aides who work in facilities
licensed under this article.
(2) Approve education and training programs for qualified
medication aides and certified nurse aides, including course and
inservice requirements.
(3) Determine the standards concerning the functions that may be
performed by a qualified medication aide and a certified nurse
aide.
(4) Establish annual certification fees for qualified medication
aides.
(5) Adopt rules under IC 4-22-2 necessary to implement and
enforce this section.
(c) The education and training programs approved by the state
department:
(1) must include a competency test that an individual must pass
before being granted an initial certification as:
(A) a qualified medication aide; or
(B) a certified nurse aide; and
(2) must include an optional training module for qualified
medication aides in administering insulin, including:
(A) at least four (4), and not more than eight (8), hours of
classroom training;
(B) at least two (2), and not more than four (4), hours of
practical training; and
(C) passing a written and practical examination administered
by the trainer;
in insulin administration to be completed before a qualified
SEA 473 — Concur
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medication aide may administer insulin.
(d) The state department shall maintain a registry of each individual
who is:
(1) certified as a:
(A) qualified medication aide; or
(B) certified nurse aide; or
(2) registered as a home health aide under rules adopted under
IC 16-27-1-7.
(e) The state department may conduct hearings for violations of this
section under IC 4-21.5.
(f) 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.
(b) A facility shall verify through the nurse aide registry that an
individual who will provide nurse aide services has met
competency evaluation requirements under the competency
evaluation program. Except as provided in subsection (c), a facility
may not use any individual working in the facility as a nurse aide
unless the individual is a certified nurse aide.
(c) A facility may allow an individual to perform nurse aide
services without being a certified nurse aide in the following
circumstances:
(1) For not more than four (4) months on a full-time,
part-time, temporary, per diem, or any other basis if the
individual:
(A) is determined by the facility to be competent to provide
nursing and nursing related services; and
(B) has at least completed a competency evaluation
program approved by the certified health care professions
commission under IC 16-27.5.
(2) The individual:
(A) is a full-time employee who is enrolled in a training
and competency evaluation program approved by the
certified health care professions commission under
IC 16-27.5; or
(B) has recently successfully completed the training and
competency evaluation program described in this section
but has not yet been included in the registry.
The facility shall subsequently confirm that the individual is
on the registry in order to continue having the individual
provide nurse aide services.
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(d) A facility shall:
(1) arrange for individuals whom the facility plans to employ
as nurse aides in the facility to participate in a competency
evaluation program approved by the certified health care
professions commission under IC 16-27.5; and
(2) facilitate the individual's completion of the program.
SECTION 26. IC 16-28-1-11.5 IS REPEALED [EFFECTIVE
SEPTEMBER 1, 2025]. Sec. 11.5. (a) Except as provided in subsection
(b), a qualified medication aide certified under section 11 of this
chapter may not administer injectable medications.
(b) A qualified medication aide certified under section 11 of this
chapter may administer insulin to a specific patient at a health facility
licensed under this article if:
(1) a registered nurse, under IC 25-23-1-1.1(b)(6):
(A) supervises the qualified medication aide in administering
the insulin; or
(B) delegates responsibility for administering the insulin to the
qualified medication aide based on the registered nurse's
assessment of the qualified medication aide's competency to
administer insulin;
(2) the health facility where the qualified medication aide is
employed:
(A) permits the qualified medication aide to administer
insulin;
(B) establishes a procedure for:
(i) the delegation of insulin administration from a registered
nurse to a qualified medication aide that includes
patient-specific clinical parameters based on the registered
nurse's assessment of the patient and the qualified
medication aide's competency to administer the insulin; and
(ii) when the patient-specific parameters require a new
assessment by the registered nurse;
(C) retains documentation that the qualified medication aide
has completed the optional training module described in
section 11(c)(2) of this chapter; and
(D) notifies each patient upon admission to the health facility
that the health facility may allow qualified medication aides to
administer insulin; and
(3) the qualified medication aide does not administer a dose of
concentrated insulin equal to or greater in strength or activity than
a dose of U-500 insulin.
(c) The state department may require a qualified medication aide
SEA 473 — Concur
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who administers insulin under this section to annually complete not
more than one (1) hour of inservice training specific to administration
of insulin.
SECTION 27. IC 16-28-11-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE SEPTEMBER 1, 2025]: Sec. 1. Except as
provided in IC 16-28-1-11 and IC 16-28-7-4, fines or fees required to
be paid under this article shall be paid directly to the director who shall
deposit the fines or fees in the state general fund.
SECTION 28. IC 16-28-13-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) As used in this
chapter and 410 IAC 16.2, "nurse aide" means an individual who
provides nursing or nursing related services to residents in the
following:
(1) A health facility.
(2) A hospital based health facility.
(3) An ambulatory outpatient surgical center licensed under
IC 16-21-2. Under this subdivision, the term applies to an
individual who was employed by the center after July 1, 1999.
(4) A home health agency licensed under IC 16-27-1. Under this
subdivision, the term applies to an individual who was employed
by the agency after July 1, 1999.
(5) A hospice program licensed under IC 16-25-3. Under this
subdivision, the term applies to an individual who was employed
by the program after July 1, 1999.
(6) A hospital licensed under IC 16-21-2. Under this subdivision,
the term applies to an individual who was employed by the
hospital after July 1, 1999.
(b) The term does not include the following:
(1) A licensed health professional (as defined in IC 25-1-9-3).
(2) A registered dietician.
(3) An individual who volunteers to provide nursing or nursing
related services without pay.
SECTION 29. IC 16-28-13-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE SEPTEMBER 1, 2025]: Sec. 9. A person,
other than a person denied employment or dismissed under this chapter
or against whom a finding is made for the nurse aide registry under 42
CFR 483.156, who in good faith:
(1) denies employment to an individual or dismisses an individual
from employment under this chapter;
(2) testifies or participates in an investigation or an administrative
or a judicial proceeding arising from:
(A) this chapter; or
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(B) 42 CFR 483 regarding the nurse aide registry; or
(3) makes a report to the state department, the certified health
care professions commission, or the nurse aide registry;
is immune from both civil and criminal liability arising from those
actions.
SECTION 30. IC 16-41-8-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 0.2. As used in this chapter,
"business associate" has the meaning set forth in 45 CFR 160.103.
SECTION 31. IC 16-41-8-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 0.5. As used in this chapter,
"covered entity" has the meaning set forth in 45 CFR 160.103.
SECTION 32. IC 16-41-8-1, AS AMENDED BY P.L.130-2021,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) As used in this chapter, "potentially disease
transmitting offense" means any of the following:
(1) Battery (IC 35-42-2-1) or domestic battery (IC 35-42-2-1.3)
involving placing a bodily fluid or waste on another person.
(2) An offense relating to a criminal sexual act (as defined in
IC 35-31.5-2-216), if sexual intercourse or other sexual conduct
(as defined in IC 35-31.5-2-221.5) occurred.
The term includes an attempt to commit an offense, if sexual
intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5)
occurred, and a delinquent act that would be a crime if committed by
an adult.
(b) Except as provided in this chapter, a person may not disclose or
be compelled to disclose medical or epidemiological information
involving a communicable disease or other serious disease (as set forth
in the list published under IC 16-41-2-1). This information may not be
released or made public upon subpoena or otherwise, except under the
following circumstances:
(1) Release may be made of medical or epidemiologic information
for statistical purposes if done in a manner that does not identify
an individual.
(2) Release may be made of medical or epidemiologic information
with the written consent of all individuals identified in the
information released.
(3) Release may be made of medical or epidemiologic information
to the extent necessary to enforce public health laws, laws
described in IC 31-37-19-4 through IC 31-37-19-6, IC 31-37-19-9
through IC 31-37-19-10, IC 31-37-19-12 through IC 31-37-19-23,
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IC 35-38-1-7.1, and IC 35-45-21-1 or to protect the health or life
of a named party.
(4) Release may be made of the medical information of a person
in accordance with this chapter.
(5) Release may be made of the medical information or
epidemiologic information of a person to an Indiana nonprofit
entity that performs health data services for health care providers
if the state department:
(A) determines that the release is necessary as part of a
response to a public health event, including an outbreak,
epidemic, or pandemic; and
(B) executes a data use agreement with the entity that specifies
the permitted use and disclosure of any released information.
(c) Except as provided in this chapter, a person responsible for
recording, reporting, or maintaining information required to be reported
under IC 16-41-2 who recklessly, knowingly, or intentionally discloses
or fails to protect medical or epidemiologic information classified as
confidential under this section commits a Class A misdemeanor.
(d) In addition to subsection (c), a public employee who violates this
section is subject to discharge or other disciplinary action under the
personnel rules of the agency that employs the employee.
(e) Release shall be made of the medical records concerning an
individual to:
(1) the individual;
(2) a person authorized in writing by the individual to receive the
medical records; or
(3) a coroner under IC 36-2-14-21.
(f) An individual may voluntarily disclose information about the
individual's communicable disease.
(g) The provisions of this section regarding confidentiality apply to
information obtained by the state department or a local health
department, including the health and hospital corporation created
under IC 16-22-8, under IC 16-41-1 through IC 16-41-16.
SECTION 33. IC 16-41-8-4, AS AMENDED BY P.L.1-2010,
SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) This section:
(1) applies to the release of medical information that may be
relevant to the prosecution or defense of a person who has been
charged with a potentially disease transmitting offense; and
(2) does not apply to the disclosure by a covered entity,
business associate acting on behalf of a covered entity, or
health care provider of medical information of an alleged
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perpetrator if the covered entity, business associate, or health
care provider, in good faith, believes that the disclosure
provides evidence of criminal conduct that occurred on its
premises.
(b) A:
(1) prosecuting attorney may seek to obtain access to a
defendant's medical information if the defendant has been
charged with a potentially disease transmitting offense; and
(2) defendant who has been charged with a potentially disease
transmitting offense may seek access to the medical information
of another person if the medical information would be relevant to
the defendant's defense;
by filing a verified petition for the release of medical information with
the court.
(c) The prosecuting attorney or defendant who files a petition under
subsection (b) shall serve a copy of the petition on:
(1) the person whose medical information is sought;
(2) the guardian, guardian ad litem, or court appointed special
advocate appointed for a minor, parent, or custodian of a person
who is incompetent, if applicable; and
(3) the provider that maintains the record, or the attorney general
if the provider is a state agency;
at the time of filing in accordance with Indiana Trial Rule 4.
(d) The court shall set the matter for hearing not later than twenty
(20) days after the date of filing.
(e) If, following a hearing for release of a person's medical
information, the court finds probable cause to believe that the medical
information may be relevant to the prosecution or defense of a person
who has been charged with a potentially disease transmitting offense,
the court shall order the person having custody of the person's medical
information to release the medical information to the court.
(f) The court shall examine the person's medical information in
camera. If, after examining the medical information in camera and
considering the evidence presented at the hearing, the court finds
probable cause to believe that the medical information is relevant to the
prosecution or defense of a person who has been charged with a
potentially disease transmitting offense, the court may order the release
of a person's medical information to the petitioner.
(g) In an order issued under subsection (f), the court shall:
(1) permit the disclosure of only those parts of the person's
medical information that are essential to fulfill the objective of the
order;
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(2) restrict access to the medical information to those persons
whose need for the information is the basis of the order; and
(3) include in its order any other appropriate measures to limit
disclosure of the medical information to protect the right to
privacy of the person who is the subject of the medical
information.
(h) A hearing for the release of a person's medical information may
be closed to the public. The transcript of the hearing, the court's order,
and all documents filed in connection with the hearing are confidential.
In addition, if a person's medical information is disclosed in a legal
proceeding, the court shall order the record or transcript of the
testimony to be preserved as a confidential court record.
(i) This section does not prohibit the application to medical
information of any law concerning medical information that is not
addressed by this section.
SECTION 34. IC 16-52-1-4, AS ADDED BY P.L.149-2023,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
SEPTEMBER 1, 2025]: Sec. 4. (a) As used in this article, "health care
personnel" means the following:
(1) A nurse aide (as defined in IC 16-28-13-1).
(2) A registered nurse or licensed practical nurse licensed under
IC 25-23.
(3) An advanced practice registered nurse licensed under
IC 25-23.
(4) A qualified medication aide certified under IC 16-28-1-11.
IC 16-27.5-4.
(5) A home health aide.
(6) A physician assistant licensed under IC 25-27.5.
(7) Except as provided in subsection (b), any other individual
licensed or authorized by the state to provide health care or
professional services to residents or patients of a health care
facility.
(b) The term does not include a physician licensed under
IC 25-22.5.
SECTION 35. IC 20-35-11-2.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 2.2. As used in this chapter,
"educational evaluation" means procedures used to provide
information about a student's disability or suspected disability for
the student's case conference committee to determine the
following:
(1) Whether a student is eligible for special education and
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related services.
(2) If eligible, the nature and extent of the special education
and related services that the student needs.
SECTION 36. IC 20-35-11-2.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 2.3. As used in this chapter,
"family navigator" means a person who meets the following:
(1) Is credentialed by the office of the secretary of family and
social services, with a background in the any of the following
fields:
(A) Audiology.
(B) Deaf education.
(C) Early childhood education.
(D) Special education.
(E) Speech-language pathology.
(2) Aids, in an unbiased manner, families in accessing
comprehensive resources and information available through
the center.
SECTION 37. IC 20-35-11-2.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 2.4. As used in this chapter, "full
continuum of communication options" means any method of
communication used by a child who is deaf or hard of hearing and
the child's parent. The term may include any of the following:
(1) American sign language.
(2) Cued speech.
(3) Listening and spoken language.
(4) Augmentative and alternative communication.
(5) Any combination of communication methods under
subdivisions (1) through (4).
SECTION 38. IC 20-35-11-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 2.5. As used in this chapter,
"observe and follow" means observing progress and following the
movement of children identified as deaf and hard of hearing by the
following:
(1) The Indiana department of health, including the early
hearing detection and intervention program.
(2) The office of the secretary of family and social services.
(3) The department.
(4) Any entity with data concerning the progress or movement
of children identified as deaf or hard of hearing.
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The term does not include case coordination or direct therapy
services.
SECTION 39. IC 20-35-11-4, AS AMENDED BY P.L.147-2023,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) The center shall carry out the following
duties in an unbiased manner to ensure that children who are deaf and
children who are hard of hearing acquire optimal language skills and
academic abilities, regardless of the mode of communication used:
(1) Monitoring and tracking the identification, early intervention,
education, and successful transitions of Observe and follow
children who are deaf and hard of hearing from:
(A) birth through three (3) years of age, in collaboration
with the early hearing detection and intervention program
and the office of the secretary of family and social services;
and
(B) three (3) years of age through twenty-one (21) years of
age and who are enrolled or preparing to enroll in early
intervention services, preschool, elementary, or secondary
school, in collaboration with the department.
(2) Developing student learning opportunities.
(3) (2) Providing Provide family support from birth through
twenty-one (21) years of age by any of the following:
(A) Connecting families to existing public and private
resources for information and services, which may include
any of the following:
(i) First steps agencies.
(ii) Deaf mentors.
(iii) Interpreting agencies.
(iv) Hearing health care professionals.
(v) Educational professionals.
(B) Providing audiology assessments and management.
(C) Using family navigators.
Except for deaf mentor services, audiology services, and
interpreter services, the center may not provide any direct
therapy services.
(4) Developing child assessment service models, consistent with
federal and state early childhood intervention and special
education law, for the following:
(A) Audiological assessments.
(B) Social and developmental assessments.
(C) Communication (including language) assessments.
(D) Academic achievement assessments.
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(3) Develop and ensure comprehensive educational
evaluations that:
(A) consider the full continuum of communication options;
and
(B) make available the following professionals based on the
needs of the individual child:
(i) A speech-language pathologist licensed under
IC 25-35.6-3.
(ii) A school psychologist licensed by the department.
(iii) An occupational therapist licensed under IC 25-23.5.
(iv) A physical therapist licensed under IC 25-27.
(v) A certified listening and spoken language specialist.
(vi) An American Sign Language specialist, as defined by
the National Association of State Directors of Special
Education.
(vii) An audiologist licensed under IC 25-35.6-3.
(viii) A deaf educator licensed under IC 20-28-5.
(5) Providing technical assistance related to classroom
instruction, acoustics, and other environmental aspects.
(6) (4) Assisting Assist professionals who provide students with
sign language interpreting oral interpreting, cued speech
transliteration, and captioning services.
(7) (5) Providing Provide consultation by qualified
professionals to school corporations in providing services to
schools concerning students who are deaf and students who are
hard of hearing, including classroom accommodations,
instruction, acoustics, and other environmental aspects.
(8) (6) Acting Act as a liaison with all state agencies that provide
services to individuals who are deaf and hard of hearing,
including the department, of education, the Indiana department of
health, the office of the secretary of family and social services,
administration, and the Indiana School for the Deaf.
(7) Beginning July 1, 2025, and every three (3) months
thereafter, provide the Indiana department of health with
aggregate data and metrics concerning the center's duties.
(b) The Indiana department of health shall post the following on
the Indiana department of health's website:
(1) The data and metrics submitted by the center under
subsection (a)(7).
(2) The center's current operational policies and procedures
concerning the center's duties, as specified in this section.
SECTION 40. IC 20-35-11-5, AS ADDED BY P.L.109-2012,
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SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) The center may provide the services set
forth in section 4 of this chapter directly or through contract or
agreement with other entities.
(b) The center may collect an intergovernmental fee from other
state agencies, school corporations, or local units only for services
provided by the following:
(1) An audiologist.
(2) An interpreter.
(3) A family navigator.
(4) A deaf mentor.
SECTION 41. IC 20-35-11-6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 6. (a) The purpose of a family
navigator is to provide the following:
(1) Unbiased and comprehensive information to assist families
in navigating all available statewide resources that support
children from birth through three (3) years of age who are
deaf and hard of hearing, including information necessary for
families to make decisions concerning modes of
communication for the child through family outcomes
identified on the individual family service plan, as described
in IC 12-12.7-2-20(4).
(2) Family training to assist the family in understanding the
unique needs of the child and enhance the child's development
through family outcomes identified on the individual family
service plan. This subdivision may not be construed to include
providing direct therapy related to hearing technology, child
development, language, or listening milestones.
(3) Part B special education transition support in accordance
with state law and the federal Individual with Disabilities
Education Act (IDEA).
(b) A child and the child's family eligible for the infants and
toddlers with disabilities program under IC 12-12.7-2 may receive
family navigator services in accordance with IC 12-12.7-2-3.
SECTION 42. IC 25-1-5-11, AS AMENDED BY P.L.151-2013,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 11. (a) As used in this section, "applicant" means
an individual who applies for a license, certificate, registration, or
permit issued by a board under this title.
(b) As used in this section, "licensee" means an individual who is or
has been licensed, certified, or registered by a board under this title.
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(c) As used in this section, "personal information" means the
following:
(1) Home telephone number.
(2) Electronic mail address.
(d) Except as otherwise provided in this section, the personal
information of an individual who is:
(1) a licensee;
(2) an applicant; or
(3) a board member;
is confidential for purposes of IC 5-14-3-4 and may not be disclosed to
the public by the agency or a board.
(e) Except as provided in IC 25-23-1-12.6, an applicant or a
licensee shall provide the applicant's or licensee's Social Security
number to the agency.
(f) The agency and the boards shall collect and release the
applicant's or licensee's Social Security number as provided in state or
federal law.
(g) Notwithstanding IC 4-1-10-3, the agency and the boards may
allow access to the Social Security number of each applicant or
licensee to:
(1) a testing service that provides the examination for licensure,
certification, or registration to the agency or the boards; or
(2) an individual state regulatory board or an organization
composed of state regulatory boards for the applicant's or
licensee's profession for the purpose of coordinating:
(A) licensure, certification, or registration; and
(B) disciplinary activities among the individual states.
(h) Notwithstanding subsection (d), the agency or a board may
disclose personal information of an individual described in subsection
(d) if the person requesting the information provides proof of identity
and represents that the use of the personal information will be strictly
limited to at least one (1) of the following:
(1) For use by a government agency, including a court or law
enforcement agency, in carrying out its functions, or a person
acting on behalf of a government agency in carrying out its
functions.
(2) For use in connection with a civil, a criminal, an
administrative, or an arbitration proceeding in a court or
government agency or before a self-regulatory body, including the
service of process, investigation in anticipation of litigation, and
the execution or enforcement of judgments and orders, or under
an order of a court.
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(3) For use in research activities, and for use in producing
statistical reports, as long as the personal information is not
published, re-disclosed, or used to contact the individuals who are
the subject of the personal information.
(4) For use by any person, when the person demonstrates, in a
form and manner prescribed by the agency, that written consent
has been obtained from the individual who is the subject of the
information.
(5) For any other use specifically authorized by law that is related
to the agency or a board or to public safety.
SECTION 43. IC 25-1-6-10, AS ADDED BY P.L.157-2006,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. (a) Except as provided in IC 25-23-1-12.6,
an individual who applies for a license issued by a board under this
chapter or who holds a license issued by a board under this chapter
shall provide the individual's Social Security number to the licensing
agency.
(b) The licensing agency and the boards shall collect and release the
applicant's or licensee's Social Security number as otherwise provided
in state or federal law.
(c) Notwithstanding IC 4-1-10-3, the licensing agency and the
boards may allow access to the Social Security number of each person
who is licensed under this chapter or has applied for a license under
this chapter to:
(1) a testing service that provides the examination for licensure to
the licensing agency or the boards; or
(2) an individual state regulatory board or an organization
composed of state regulatory boards for the applicant's or
licensee's profession for the purpose of coordinating licensure and
disciplinary activities among the individual states.
SECTION 44. IC 25-1-9.5-8, AS AMENDED BY P.L.85-2021,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. (a) A prescriber may issue a prescription to a
patient who is receiving services through the use of telehealth if the
patient has not been examined previously by the prescriber in person
if the following conditions are met:
(1) The prescriber has satisfied the applicable standard of care in
the treatment of the patient.
(2) The issuance of the prescription by the prescriber is within the
prescriber's scope of practice and certification.
(3) The prescription:
(A) meets the requirements of subsection (b); and
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(B) is not for an opioid. However, an opioid may be prescribed
if the opioid:
(i) is a partial agonist that has been approved by the
federal Food and Drug Administration for the treatment
of opioid addiction; and
(ii) is used to treat or manage opioid dependence.
(4) The prescription is not for an abortion inducing drug (as
defined in IC 16-18-2-1.6).
(5) If the prescription is for a medical device, including an
ophthalmic device, the prescriber must use telehealth technology
that is sufficient to allow the provider to make an informed
diagnosis and treatment plan that includes the medical device
being prescribed. However, a prescription for an ophthalmic
device is also subject to the conditions in section 13 of this
chapter.
(b) Except as provided in subsection (a), a prescriber may issue a
prescription for a controlled substance (as defined in IC 35-48-1-9) to
a patient who is receiving services through the use of telehealth, even
if the patient has not been examined previously by the prescriber in
person, if the following conditions are met:
(1) The prescriber maintains a valid controlled substance
registration under IC 35-48-3.
(2) The prescriber meets the conditions set forth in 21 U.S.C. 829
et seq., 21 CFR 1300, 1304, and 1306, and any other regulation
enforced by the federal Drug Enforcement Agency.
(3) A practitioner acting in the usual course of the practitioner's
professional practices issues the prescription for a legitimate
medical purpose.
(4) The telehealth communication is conducted using an
audiovisual, real time, two-way interactive communication
system.
(5) The prescriber complies with the requirements of the
INSPECT program (IC 25-26-24).
(6) All other applicable federal and state laws are followed.
(c) A prescription for a controlled substance under this section must
be prescribed and dispensed in accordance with IC 25-1-9.3 and
IC 25-26-24.
SECTION 45. IC 25-19-1-2.5, AS AMENDED BY P.L.9-2024,
SECTION 459, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 2.5. (a) An individual seeking
licensure as a residential care administrator must:
(1) be at least twenty-one (21) years of age;
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(2) have obtained at least a high school diploma or its equivalent;
(3) submit to a national criminal history background check, as
required by IC 25-0.5-1-8;
(4) achieve a passing score, as prescribed by the board, on the
state jurisprudence examination; and
(5) meet one (1) of the following:
(A) Be a licensed health facility administrator or a registered,
certified, or licensed health care practitioner under IC 16 or
this title.
(B) Have at least one (1) year of management experience:
(i) in health care;
(ii) in housing;
(iii) in hospitality; or
(iv) providing services that are similar to services described
in items (i) through (iii) to individuals who are elderly.
(C) Possess an associate degree in gerontology or health care.
(D) Possess a bachelor's degree or higher degree from an
accredited postsecondary educational institution.
(E) Complete a one hundred (100) hour specialized course in
residential care facility administration that is approved by the
board.
(b) An applicant must meet the requirements in subsection (a)(1)
through (a)(3) and subsection (a)(5) before the applicant may take the
state jurisprudence examination.
(c) The board may issue a residential care administrator license to
an individual who meets the requirements of this section.
(d) Except as provided in subsection subsections (e) and (f), for
each two (2) year license period, a licensed residential care
administrator shall complete at least twenty (20) hours of continuing
education that include education on:
(1) promoting resident dignity, independence, self-determination,
privacy, choice, and rights;
(2) building safety, fire prevention, and disaster response;
(3) preventing and containing infectious diseases, including
hygiene protocols;
(4) preventing and reporting abuse and neglect of residents; and
(5) assisting residents with daily activities.
(e) A licensed residential care administrator who holds an active
health facility administrator license is not required to complete the
continuing education requirements described in subsection (d).
However, a residential care administrator described in this subsection
shall complete any continuing education requirements for the
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residential care administrator's health facility administrator license.
(f) A licensed residential care administrator who has not been
previously licensed as a residential care administrator in another
state is not required to complete the continuing education
requirements described in subsection (d) for the two (2) year
licensing period in which the residential care administrator's initial
license is issued.
SECTION 46. IC 25-22.5-2-9, AS ADDED BY P.L.106-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 9. (a) Any rule adopted under section 7(a)(10) of
this chapter that requires an office based setting to be accredited by an
accreditation agency approved by the board shall not apply to an
individual described in subsection (b) providing anesthesia in a
physician office, podiatrist office, or dental office.
(b) The following may administer moderate sedation, deep sedation,
or general anesthesia to a patient in a dental an office described in
subsection (a) if the standards described in subsection (c) are met:
(1) An anesthesiologist licensed under this article.
(2) A certified registered nurse anesthetist (as defined in
IC 25-23-1-1.4) under the direction of and in the immediate
presence of a physician.
(3) An anesthesiologist assistant practicing in compliance with
IC 25-3.7-2-4.
(c) An anesthesiologist administering anesthesia or a physician
directing or supervising the administration of anesthesia, as required by
subsection (b)(2) and (b)(3), in a dental office an office described in
subsection (a) shall do the following:
(1) Ensure that the standards required by rules adopted under
section 7(a)(10) of this chapter concerning:
(A) procedures performed in office based settings;
(B) the operation of office based settings; and
(C) requirements for practitioners administering anesthesia in
office based settings;
are met.
(2) Once every two (2) years, submit the following to the board in
writing:
(A) The address of the applicable physician office, podiatrist
office, or dental office.
(B) An attestation that the standards required under this
section have been met.
(d) A physician group practice, on behalf of the physicians in the
group practice, may submit the attestation required by subsection
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(c)(2).
(e) Not later than twenty-four (24) hours from an adverse event
concerning the administration of anesthesia in an office that is not
accredited as allowed under this section, a health care provider
described in subsection (b) shall report to the board any adverse
event required by the board to be reported under subsection (f)
that occurs in an office described in subsection (a) that is not
accredited as permitted under this section.
(f) The board shall do the following:
(1) Determine the adverse events that are required to be
reported under subsection (e).
(2) Establish the procedure for reporting an adverse event.
(3) Post any reported adverse events on the board's website.
SECTION 47. IC 25-23-1-12.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 12.6. (a) An individual who:
(1) is seeking:
(A) a federally authorized work visa;
(B) licensure by examination as a:
(i) registered nurse under section 11(g); or
(ii) licensed practical nurse under section 12(f);
of this chapter;
(2) does not have a Social Security number; and
(3) meets all applicable requirements of this chapter;
may not be required to provide a Social Security number as a
condition of applying for or being issued a provisional license.
(b) An individual described in subsection (a) shall provide to the
board the following:
(1) The individual's alien identification number.
(2) A signed affidavit affirming that the individual is seeking
a federally authorized work visa.
(3) Documentation of an offer of employment to provide
registered nursing or practical nursing services in Indiana
that is a condition of the federally authorized work visa.
The individual must affirm under the penalties of perjury that the
information provided to the board under this subsection is true and
accurate.
(c) Upon verification of the individual's lawful status through
the United States Citizenship and Immigration Services, the board
shall grant a provisional license to an individual who meets the
requirements of subsections (a) and (b).
(d) A provisional license issued under this section is valid for not
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more than one hundred eighty (180) days. The fee for a provisional
license under this section is ten dollars ($10).
(e) After being issued a Social Security number as a condition
of a federally authorized work visa, an individual described in this
section who is issued a provisional license shall provide to the
board the individual's Social Security number. After receiving the
individual's Social Security number, the board shall issue to the
individual a license under section 11(g) or 12(f) of this chapter.
(f) If an individual fails to provide the individual's Social
Security number as required under subsection (e), the individual's
provisional license lapses.
SECTION 48. IC 25-23-1-20, AS AMENDED BY P.L.177-2009,
SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 20. (a) Any institution which desires to conduct
a nursing education program shall apply to the board and submit
evidence that:
(1) it is prepared to give a minimum curriculum of organized
instruction and clinical experience in nursing in conformity to the
provisions of this chapter and the rules of the board. Such
instruction and experience may must be secured in one (1) or
more institutions or agencies than one (1) institution or agency
approved by the board; and
(2) it is prepared to meet other standards established by this
chapter and by the board.
(b) An institution that conducts a nursing education program may
employ a person who:
(1) is a registered nurse with a bachelor's degree in nursing; and
(2) has at least three (3) years of experience in nursing in the
previous six (6) years;
to instruct nursing students on a part-time basis for the purpose of
clinical instruction.
SECTION 49. IC 25-23-1-20.2, AS ADDED BY P.L.69-2022,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 20.2. (a) As used in this section, "clinical
experience" means the learning experiences provided in facilities
appropriate to the curriculum objectives.
(b) As used in this section, "clinical hours" refers to the number of
hours of clinical experience a nursing student is required to complete.
(c) As used in this section, "NCLEX" refers to the National Council
Licensure Examination that is:
(1) provided by the National Council of State Boards of Nursing;
and
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(2) used to determine the competency of graduates of nursing
school.
(d) As used in this section, "nursing program" means one (1) of the
following:
(1) A licensed practical nursing program.
(2) An associate degree nursing program.
(3) A diploma nursing program.
(4) A baccalaureate degree nursing program.
(e) As used in this section, "simulation hours" refers to the hours
spent by a nursing student participating in an educational process:
(1) that replicates real world clinical scenarios in a simulation lab;
and
(2) in which a nursing student develops and practices the nursing
student's nursing skills.
(f) A nursing program may allow substitution of simulation hours
for clinical hours in the following manner:
(1) Simulation for not more than fifty percent (50%) of clinical
hours if a nursing program has an overall pass rate of at least
eighty percent (80%) on the NCLEX.
(2) Simulation for not more than twenty-five percent (25%) of
clinical hours if a nursing program has an overall pass rate of less
than eighty percent (80%) on the NCLEX.
(g) A nursing program must offer a clinical experience that
includes clinical hours in at least one (1) hospital licensed under
IC 16-21-2 and one (1) health facility licensed under IC 16-28.
(g) (h) The board may adopt rules under IC 4-22-2 to implement this
section. Nothing in this section prohibits a nursing program from
substituting simulation hours for clinical hours in accordance with this
section before the board adopts rules under this section.
SECTION 50. IC 34-6-2-55, AS AMENDED BY P.L.56-2023,
SECTION 307, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE SEPTEMBER 1, 2025]: Sec. 55. (a) "Health care
services":
(1) except as provided in subdivision (2), for purposes of
IC 34-30-13, has the meaning set forth in IC 27-13-1-18(a); and
(2) for purposes of IC 34-30-13-1.2, means only noninvasive
examinations, treatments, and procedures and the following
invasive procedures:
(A) Routine dental services.
(B) Injections.
(C) Suturing of minor lacerations.
(D) Incisions of boils or superficial abscesses.
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The term does not include performance of an abortion, including
abortion by surgical means, by use of an abortion inducing drug,
or by prescribing a controlled substance or scheduled drug under
IC 35-48.
(b) "Health care services", for purposes of IC 34-30-13.5, means:
(1) any services provided by an individual licensed under:
(A) IC 25-2.5;
(B) IC 25-10;
(C) IC 25-13;
(D) IC 25-14;
(E) IC 25-19;
(F) IC 25-22.5;
(G) IC 25-23;
(H) IC 25-23.5;
(I) IC 25-23.6;
(J) IC 25-24;
(K) IC 25-26;
(L) IC 25-27;
(M) IC 25-27.5;
(N) IC 25-29;
(O) IC 25-33;
(P) IC 25-34.5; or
(Q) IC 25-35.6;
(2) services provided as the result of hospitalization, to an
individual admitted to a health facility licensed under IC 16-28,
or to a person residing in a housing with services establishment
(as defined by IC 12-10-15-3);
(3) services incidental to the furnishing of services described in
subdivisions (1) or (2);
(4) any services by individuals:
(A) licensed as paramedics;
(B) certified as advanced emergency medical technicians; or
(C) certified as emergency medical technicians under
IC 16-31;
(5) any services provided by individuals certified as emergency
medical responders under IC 16-31;
(6) any services provided by certified health care professionals
who are registered with the Indiana department of health and the
certified health care professions commission, including:
(A) certified nurse aides certified under IC 16-28-1-11;
IC 16-27.5-3;
(B) qualified medication aides certified under IC 16-28-1-11;
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IC 16-27.5-4; and
(C) home health aides registered under rules adopted under
IC 16-27-1-7; IC 16-27.5-5;
(7) any services provided by unlicensed health care professionals
who have successfully completed any applicable training required
by the Indiana department of health;
(8) any services provided by health care volunteers who are
permitted to practice during an event that is declared a disaster
emergency under IC 10-14-3-12 to respond to COVID-19;
(9) any services provided by individuals with provisional or
temporary licenses who are permitted to practice during an event
that is declared a disaster emergency under IC 10-14-3-12 to
respond to COVID-19; or
(10) any other services or goods furnished for the purpose of
preventing, alleviating, curing, or healing human illness, physical
disability, or injury.
SECTION 51. IC 34-30-2.1-206, AS AMENDED BY P.L.56-2023,
SECTION 312, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE SEPTEMBER 1, 2025]: Sec. 206. IC 16-27-2-9
(Concerning persons for denying or terminating employment of an
individual with a criminal history, or reporting to or participating in the
proceedings of the Indiana department of health, certified health care
professions commission, or the registry of nurse aides).
SECTION 52. IC 34-30-2.1-209, AS AMENDED BY P.L.56-2023,
SECTION 313, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 209. IC 16-28-13-9 (Concerning
persons for denying or terminating employment of an individual with
a criminal history, or reporting to or participating in proceedings of the
Indiana department of health, certified health care professions
commission, or the nurse aide registry).
SECTION 53. IC 35-45-21-5, AS ADDED BY P.L.158-2013,
SECTION 547, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE SEPTEMBER 1, 2025]: Sec. 5. (a) The following
definitions apply throughout this section:
(1) "Health care provider" refers to a health care provider (as
defined in IC 16-18-2-163(a), IC 16-18-2-163(b), or
IC 16-18-2-163(c)) or a qualified medication aide as described in
IC 16-28-1-11. IC 16-27.5-4.
(2) "Licensed health professional" has the meaning set forth in
IC 25-23-1-27.1.
(3) "Practitioner" has the meaning set forth in IC 16-42-19-5.
However, the term does not include a veterinarian.
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(4) "Prescription drug" has the meaning set forth in
IC 35-48-1-25.
(b) A person who knowingly or intentionally physically interrupts,
obstructs, or alters the delivery or administration of a prescription drug:
(1) prescribed or ordered by a practitioner for a person who is a
patient of the practitioner; and
(2) without the prescription or order of a practitioner;
commits interference with medical services, a Class A misdemeanor,
except as provided in subsection (c).
(c) An offense described in subsection (b) is:
(1) a Level 6 felony if the offense results in bodily injury;
(2) a Level 5 felony if it is committed by a person who is a
licensed health care provider or licensed health professional;
(3) a Level 4 felony if it results in serious bodily injury to the
patient; and
(4) a Level 2 felony if it results in the death of the patient.
(d) A person is justified in engaging in conduct otherwise prohibited
under this section if the conduct is performed by:
(1) a health care provider or licensed health professional who acts
in good faith within the scope of the person's practice or
employment; or
(2) a person who is rendering emergency care at the scene of an
emergency or accident in a good faith attempt to avoid or
minimize serious bodily injury to the patient.
SECTION 54. IC 35-52-16-12.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE SEPTEMBER 1, 2025]: Sec. 12.5. IC 16-27.5-3-8
defines a crime concerning certified nurse aides.
SECTION 55. IC 35-52-16-12.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE SEPTEMBER 1, 2025]: Sec. 12.6. IC 16-27.5-4-14
defines a crime concerning qualified medication aides.
SECTION 56. [EFFECTIVE SEPTEMBER 1, 2025] (a) As used in
this SECTION, "qualified medication aide training and
competency evaluation program" refers to a qualified medication
aide training and competency evaluation program described in
IC 16-27.5-4, as added by this act.
(b) As used in this SECTION, "commission" refers to the
certified health care professions commission established under
IC 16-27.5-2, as added by this act.
(c) A qualified medication training and competency evaluation
program that was approved by the Indiana department of health
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before September 1, 2025, is deemed to be approved by the
commission with no further action necessary.
(d) Curriculum established by the Indiana department of health
before September 1, 2025, for the implementation of qualified
medication aide training and competency evaluation programs is
deemed to be approved by the commission.
(e) A qualified medication aide training and competency
evaluation instructor course described in IC 16-27.5-4, as added by
this act, approved by the Indiana department of health before
September 1, 2025, is deemed to be approved by the commission.
(f) This SECTION expires December 31, 2025.
SECTION 57. [EFFECTIVE JULY 1, 2025] (a) The following
administrative rules are void:
(1) 410 IAC 16.2-3.1-14(b) through 410 IAC 16.2-3.1-14(d),
and 410 IAC 16.2-3.1-14(g) (comprehensive care facility
personnel).
(2) 410 IAC 16.2-1.1-45 (definition of nurse aide).
The publisher of the Indiana Administrative Code and the Indiana
Register shall remove these provisions from the Indiana
Administrative Code.
(b) This SECTION expires June 30, 2026.
SECTION 58. [EFFECTIVE SEPTEMBER 1, 2025] (a) As used in
this SECTION, "commission" refers to the certified health care
professions commission established by IC 16-27.5-2, as added by
this act.
(b) The initial members of the commission shall be appointed by
the governor not later than October 31, 2025.
(c) This SECTION expires December 31, 2025.
SECTION 59. An emergency is declared for this act.
SEA 473 — Concur
President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 473 — ConcurEvery fact on this page links to its source, starting with the official bill record.