Sec. 2. (a) Before a temporary health care services agency may refer a health care personnel to a health care facility, the temporary health care services agency shall do the following:

(1) Make inquiries concerning health care personnel, including the following:

Terms Used In Indiana Code 16-52-3-2

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Conviction: A judgement of guilt against a criminal defendant.
  • health care facility: includes the following:

    Indiana Code 16-52-1-3

  • health care personnel: means the following:

    Indiana Code 16-52-1-4

  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Statute: A law passed by a legislature.
  • temporary health care services agency: means a person engaged for hire in the business of providing or procuring temporary employment in health care facilities for health care personnel. See Indiana Code 16-52-1-5
(A) Ensuring that the health care personnel meets the licensing, certification, or registration requirements for the profession for which the health care personnel is to be referred.

(B) Determining if any discipline, such as revocation, suspension, probation, or a fine, has been taken against the health care personnel’s license, certification, or registration, including any license, certificate, or registration that is active, inactive, retired, or expired, including in another state or jurisdiction.

(2) Check all professional registries that the temporary health care services agency has reason to believe contain information on the health care personnel, including other states and jurisdictions.

(3) Comply with any federal or state statute or regulation concerning the qualifications for a health care facility to engage or employ the health care personnel, including performing:

(A) criminal background checks; and

(B) health screening or tests required by 410 IAC 16.2-3.1-14(t) and 410 IAC 16.2-5-1.4(f).

     (b) A temporary health care services agency shall, not later than seven (7) days of becoming aware, notify the state department and the office of the attorney general in writing of any circumstance concerning a health care personnel referred by the temporary health care service agency that threatens the welfare, safety, or health of the public, including the following:

(1) Diversion of a legend drug or controlled substance.

(2) Conviction of a crime, except traffic related misdemeanors other than operating a motor vehicle under the influence of a drug or alcohol.

(3) Abuse of a patient.

(4) Engagement in sexual contact with a patient.

(5) Disciplinary action in another state or jurisdiction.

(6) A violation of the health care personnel’s standard of practice set forth in IC 25-1-9-4.

As added by P.L.149-2023, SEC.18.

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