Sec. 3. (a) Except as provided in subsection (b), a person who owns or operates a hospice program may not employ an individual or allow a volunteer to provide hospice services if that individual’s or volunteer’s limited criminal history indicates that the individual or volunteer has:

(1) been convicted of rape (IC 35-42-4-1);

Terms Used In Indiana Code 16-25-6-3

  • Conviction: A judgement of guilt against a criminal defendant.
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
(2) been convicted of criminal deviate conduct (IC 35-42-4-2) (repealed);

(3) been convicted of exploitation of an endangered adult (IC 35-46-1-12);

(4) had a judgment entered against the individual for failure to report battery, neglect, or exploitation of an endangered adult (IC 35-46-1-13); or

(5) been convicted of theft (IC 35-43-4), if the conviction for theft occurred less than ten (10) years before the individual’s employment application date.

     (b) A hospice program may not employ an individual or allow a volunteer to provide hospice services for more than twenty-one (21) calendar days without receipt of that individual’s or volunteer’s limited criminal history required by section 2 of this chapter, unless the Indiana central repository for criminal history information under IC 10-13-3 is solely responsible for failing to provide the individual’s or volunteer’s limited criminal history to the hospice program within the time required under this subsection.

As added by P.L.256-1999, SEC.16. Amended by P.L.2-2003, SEC.46; P.L.158-2013, SEC.230; P.L.214-2013, SEC.17.