Indiana § 12-11-16-2 - Direct support professional registry; registry requirements; division's duties regarding registry; prohibited practice; rulemaking; reporting to registry; immunity

§ 12-11-16-2. Direct support professional registry; registry requirements; division's duties regarding registry; prohibited practice; rulemaking; reporting to registry; immunity

Sec. 2. (a) The division shall establish and maintain a direct support professional registry to be made available to authorized division personnel and authorized service providers. The registry must:

(1) include a list of direct support professionals who have registered with the division in the manner required by the division; and

(2) contain any substantiated incidents for abuse, neglect, and exploitation that meet the criteria established according to subsection (d), as determined by the division for a direct support professional included on the registry.

(b) The division shall establish the following:

(1) An application to be used for an individual to register for the registry and renew the registration for the registry.

(2) An appeals process as provided in IC 4-21.5 concerning an incident involving a direct support professional in which the division has determined the incident meets the criteria established according to subsection (d).

(c) Beginning January 1, 2026, and thereafter, an individual may not provide direct support services as a direct support professional in Indiana unless the individual is registered by the division for the registry under this chapter.

(d) The division shall adopt rules under IC 4-22-2 necessary to implement the registry, including the establishment of definitions and levels for substantiated abuse, neglect, and exploitation, the highest of which is the minimum the division must report to the registry.

(e) The division shall report to the registry a substantiated incident that meets the criteria established according to subsection (d).

(f) An employee of the division who reports a substantiated incident that meets the criteria established according to subsection (d) to the registry in good faith is not subject to liability in:

(1) a civil;

(2) an administrative;

(3) a disciplinary; or

(4) a criminal;

action that might otherwise be imposed for reporting the information.

(g) Beginning twelve (12) months after the registry is implemented, the division shall post monthly on the division's website the total number of individuals registered under the registry.

(h) The division shall present the information required to be posted under subsection (g) to the division of disability and rehabilitative services advisory council at least quarterly.

As added by P.L.228-2023, SEC.2. Amended by P.L.106-2024, SEC.5.