Indiana § 16-27-4-23 - Penalty

§ 16-27-4-23. Penalty

Sec. 23. A person who knowingly or intentionally:

(1) operates a personal services agency; or

(2) advertises the operation of a personal services agency;

that is not licensed under this chapter commits a Class A misdemeanor.

As added by P.L.212-2005, SEC.18.

IC 16-27-5Chapter 5. ExpiredAs added by P.L.143-2022, SEC.46. Expired 7-1-2023 by P.L.143-2022, SEC.46.

IC 16-27-5.5Chapter 5.5. Home Health Agency Cooperative Agreements

16-27-5.5-1Application of definitions 16-27-5.5-2"Office" 16-27-5.5-3"Secretary" 16-27-5.5-4Cooperative agreements; included activities 16-27-5.5-5Application to become a participating provider 16-27-5.5-6Authorization of entities to undertake activities 16-27-5.5-7Supervision of activities 16-27-5.5-8Annual report to Medicaid oversight committee 16-27-5.5-9Adoption of rules 16-27-5.5-10Expiration of chapter

IC 16-27-5.5-1Application of definitions Sec. 1. The definitions in IC 16-27-1 apply throughout this chapter.

As added by P.L.136-2024, SEC.40.

IC 16-27-5.5-2"Office" Sec. 2. As used in this chapter, "office" refers to the office of the secretary of family and social services established by IC 12-8-1.5-1.

As added by P.L.136-2024, SEC.40.

IC 16-27-5.5-3"Secretary" Sec. 3. As used in this chapter, "secretary" refers to the secretary of family and social services appointed under IC 12-8-1.5-2.

As added by P.L.136-2024, SEC.40.

IC 16-27-5.5-4Cooperative agreements; included activities Sec. 4. Home health agencies may enter into cooperative agreements to carry out the following activities:

(1) To form and operate, either directly or indirectly, one (1) or more networks of home health agencies to arrange for the provision of health care services through such networks, including to contract either directly or indirectly through a network.

(2) To contract, either directly or through such networks, with the office, or the office's contractors, to provide:

(A) services to Medicaid beneficiaries; and

(B) health care services in an efficient and cost effective manner on a prepaid, capitation, or other reimbursement basis.

(3) To undertake other managed health care activities.

As added by P.L.136-2024, SEC.40.

IC 16-27-5.5-5Application to become a participating provider Sec. 5. (a) Any health care provider licensed under this title or IC 25 may apply to become a participating provider in the networks described in this chapter provided the services the provider contracts for are within the lawful scope of the provider's practice.

(b) This section does not require a plan or network to provide coverage for any specific health care service.

As added by P.L.136-2024, SEC.40.

IC 16-27-5.5-6Authorization of entities to undertake activities Sec. 6. A home health agency may authorize any of the following, or any combination of the following, to undertake or effectuate any of the activities identified in this chapter:

(1) The Indiana Association for Home and Hospice Care, Inc.

(2) Any subsidiary of the corporation named in subdivision (1).

As added by P.L.136-2024, SEC.40.

IC 16-27-5.5-7Supervision of activities Sec. 7. The secretary or the secretary's designee shall supervise and oversee the activities described in this chapter and may take the following actions:

(1) Gather relevant facts, collect data, conduct public hearings, invite and receive public comments, investigate market conditions, conduct studies, and review documentary evidence or require the home health agencies or their third party designee to do the same.

(2) Evaluate the substantive merits of any action to be taken by the home health agencies and assess whether the action comports with the standards established by the general assembly.

(3) Issue written decisions approving, modifying, or disapproving the recommended action, and explaining the reasons and rationale for the decision.

(4) Require home health agencies or their third party designees to report annually on the extent of the benefits realized by the actions taken under this chapter.

As added by P.L.136-2024, SEC.40.

IC 16-27-5.5-8Annual report to Medicaid oversight committee Sec. 8. The office shall report annually to the Medicaid oversight committee established by IC 2-5-54-2 on the use and outcomes of the home health agency cooperative agreements.

As added by P.L.136-2024, SEC.40.

IC 16-27-5.5-9Adoption of rules Sec. 9. The secretary may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.136-2024, SEC.40.

IC 16-27-5.5-10Expiration of chapter Sec. 10. This chapter expires June 30, 2027.

As added by P.L.136-2024, SEC.40.

IC 16-27.5ARTICLE 27.5. AIDE CERTIFICATION AND REGISTRY

Ch. 1.Administration Ch. 2.Certified Health Care Professions Commission Ch. 3.Certification of Nurse Aides Ch. 4.Certification of Qualified Medication Aides Ch. 5.Home Health Aides

IC 16-27.5-1Chapter 1. Administration

16-27.5-1-1Registry; hearings; state department authority to collect information 16-27.5-1-2Investigation of allegations of abuse, neglect, misappropriation, and misconduct 16-27.5-1-3Notice of expiration of certification or registration 16-27.5-1-4Delay in renewal of certification or registration; time frame; requirements; validity 16-27.5-1-5Failure to appear 16-27.5-1-6Commission not precluded from making determination concerning allegation 16-27.5-1-7Application for certification or registration; forfeiture; extension 16-27.5-1-8Rules

IC 16-27.5-1-1Registry; hearings; state department authority to collect information Sec. 1. (a) In accordance with 42 CFR 483.156, the state department shall establish and maintain a registry of each individual who is:

(1) certified as a:

(A) qualified medication aide under IC 16-27.5-4; or

(B) certified nurse aide under IC 16-27.5-3; or

(2) registered as a home health aide under IC 16-27.5-5 and rules adopted under IC 16-27-1-7.

(b) The commission may conduct hearings for violations of this article under IC 4-21.5.

(c) The state department's authority under this section includes the ability to collect information from individuals certified as a qualified medication aide or certified nurse aide, as specified under IC 25-1-2-10.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-1-2Investigation of allegations of abuse, neglect, misappropriation, and misconduct Sec. 2. (a) The state department shall investigate allegations of the following:

(1) Abuse, neglect, and misappropriation of patient property by a nurse aide, home health aide, or qualified medication aide.

(2) Misconduct by a qualified medication aide.

(b) After conducting an investigation under subsection (a), if the state department finds evidence of an allegation described in subsection (a), the state department shall present the evidence and findings to the commission for review and recommended direction concerning disciplinary action and the placement of a finding against the individual in the registry established under section 1 of this chapter.

(c) The state department may only place a finding of abuse, neglect, misappropriation, or misconduct described in subsection (a) in the registry as directed by the commission.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-1-3Notice of expiration of certification or registration Sec. 3. (a) At least ninety (90) days before the date on which an individual's certification or registration under this article expires, the state department shall provide notice to the individual informing the individual of the expiration date and requirements for renewing certification or registration.

(b) This subsection applies if the state department fails to provide the notice required under this section at least ninety (90) days before the date described in subsection (a). If, not later than forty five (45) days after receiving the notice described in subsection (a), an individual renews the individual's certification or registration, the individual may not be sanctioned for failing to renew the certification or registration on time.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-1-4Delay in renewal of certification or registration; time frame; requirements; validity Sec. 4. (a) The state department may delay renewing an individual's certification or registration under this article for not more than one hundred twenty (120) days after the expiration of the certification or registration to allow the state department to investigate a complaint concerning an allegation described in section 2 of this chapter against the individual.

(b) If the state department delays renewing an individual's certification or registration as described in subsection (a), the following must occur:

(1) The state department shall notify the individual of the complaint and begin an investigation.

(2) Before the delay period described in subsection (a) ends, the commission shall review evidence provided by the state department and hold a hearing to make a determination concerning the allegation, the individual's application for renewal, and, if appropriate, disciplinary action.

(c) An individual's certification or registration remains valid under this section until the earlier of:

(1) the commission's determination under subsection (b); or

(2) the individual's application for renewal is denied.

(d) If the commission fails to make a determination required under subsection (b), the state department shall renew the individual's certification or registration.

As added by P.L.143-2025, SEC.24. Amended by P.L.23-2026, SEC.127.

IC 16-27.5-1-5Failure to appear Sec. 5. The commission may take action against an individual's certification or registration under this article if the individual fails to appear at a hearing before the commission, as required by the commission.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-1-6Commission not precluded from making determination concerning allegation Sec. 6. The state department's renewal of an individual's certification or registration under this article does not preclude the commission from making a determination concerning an allegation against the individual after the individual's certification or registration is renewed.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-1-7Application for certification or registration; forfeiture; extension Sec. 7. (a) Except as provided in subsection (b), an individual who:

(1) submits an application for certification or registration under this article; and

(2) fails to meet the applicable requirements for the certification or registration not later than one (1) year after the date on which the individual submitted the application described in subdivision (1);

forfeits the individual's application.

(b) The commission may, for good cause, extend the validity of an individual's application described in subsection (a) for not more than thirty (30) days.

(c) An application submitted by an individual after the individual forfeits an application under subsection (a) is considered a new application.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-1-8Rules Sec. 8. The state department may adopt rules under IC 4-22-2, approved by the commission, to implement this article.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-2Chapter 2. Certified Health Care Professions Commission

16-27.5-2-1Establishment; membership; terms; quorum; meetings 16-27.5-2-2Per diem; reimbursement of expenses 16-27.5-2-3Performance of administrative functions, duties, and responsibilities by state department 16-27.5-2-4Commission duties

IC 16-27.5-2-1Establishment; membership; terms; quorum; meetings 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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-2-2Per diem; reimbursement of expenses 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 state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-2-3Performance of administrative functions, duties, and responsibilities by state department 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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-2-4Commission duties 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 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).

As added by P.L.143-2025, SEC.24.

IC 16-27.5-3Chapter 3. Certification of Nurse Aides

16-27.5-3-1Certification of nurse aides; requirements; exceptions; competency examination attempts; renewal 16-27.5-3-2Establishment of nurse aide training program; requirements 16-27.5-3-3Health care facility requirements for nurse aides; reinstatement to registry 16-27.5-3-4Nurse aide training program; application; requirements; revocation of approval 16-27.5-3-5Expired 16-27.5-3-6Program instructors; certification 16-27.5-3-7Notice of change of address 16-27.5-3-8Prohibitions; violations 16-27.5-3-9Certification required

IC 16-27.5-3-1Certification of nurse aides; requirements; exceptions; competency examination attempts; renewal 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.

(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.

(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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-3-2Establishment of nurse aide training program; requirements 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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-3-3Health care facility requirements for nurse aides; reinstatement to registry 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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-3-4Nurse aide training program; application; requirements; revocation of approval 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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-3-5ExpiredAs added by P.L.143-2025, SEC.24. Expired 12-31-2025 by P.L.143-2025, SEC.24.

IC 16-27.5-3-6Program instructors; certification 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 may be renewed in the manner prescribed by the commission.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-3-7Notice of change of address 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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-3-8Prohibitions; violations 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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-3-9Certification required Sec. 9. An individual may not work as a certified nurse aide unless the individual holds a certification under this chapter.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-4Chapter 4. Certification of Qualified Medication Aides

16-27.5-4-1Certification of qualified medication aides; requirements; exceptions; competency examination attempts; renewal; inservice education 16-27.5-4-2Prohibitions; participation in approved qualified medication aide training and competency evaluation program 16-27.5-4-3Program requirements; revocation of approval 16-27.5-4-4Health care facility verification of certification requirements; exception 16-27.5-4-5Location of training 16-27.5-4-6Required program training; supervised practicum 16-27.5-4-7Revocation of program approval 16-27.5-4-8Certification of program instructors; requirements 16-27.5-4-9Competency evaluation test requirements 16-27.5-4-10Scope of practice; prohibitions; exceptions 16-27.5-4-11Administration of insulin; optional training; requirements 16-27.5-4-12Report of alleged abuse, neglect, misappropriation, or misconduct 16-27.5-4-13Notice of change of address 16-27.5-4-14Prohibitions; violations

IC 16-27.5-4-1Certification of qualified medication aides; requirements; exceptions; competency examination attempts; renewal; inservice education 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.

(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 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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-4-2Prohibitions; participation in approved qualified medication aide training and competency evaluation program 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:

(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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-4-3Program requirements; revocation of approval 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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-4-4Health care facility verification of certification requirements; exception 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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-4-5Location of training 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 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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-4-6Required program training; supervised practicum 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.

(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.

(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.

(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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-4-7Revocation of program approval 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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-4-8Certification of program instructors; requirements 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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-4-9Competency evaluation test requirements 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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-4-10Scope of practice; prohibitions; exceptions 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.

(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.

(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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-4-11Administration of insulin; optional training; requirements 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)):

(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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-4-12Report of alleged abuse, neglect, misappropriation, or misconduct 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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-4-13Notice of change of address 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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-4-14Prohibitions; violations 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 chapter.

(b) An individual who knowingly or intentionally violates this section commits a Class A misdemeanor.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-5Chapter 5. Home Health Aides

16-27.5-5-1Definitions 16-27.5-5-2Registration requirements; renewal; inservice training; fee prohibited 16-27.5-5-3Requirements 16-27.5-5-4Inservice training; hours; exception; documentation 16-27.5-5-5Competency evaluation program requirements 16-27.5-5-6Prohibition 16-27.5-5-7Supervision by health care professional 16-27.5-5-8Information required for registry 16-27.5-5-9Notice of change of address 16-27.5-5-10Approved dementia training 16-27.5-5-11Conditions required to administer gastrointestinal and jejunostomy tube feedings; training 16-27.5-5-12Expired

IC 16-27.5-5-1Definitions 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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-5-2Registration requirements; renewal; inservice training; fee prohibited 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

(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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-5-3Requirements 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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-5-4Inservice training; hours; exception; documentation 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.

(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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-5-5Competency evaluation program requirements Sec. 5. 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.

As added by P.L.143-2025, SEC.24. Amended by P.L.96-2026, SEC.21; P.L.118-2026, SEC.1.

IC 16-27.5-5-6Prohibition Sec. 6. An individual may not provide home health aide services unless the individual is registered as a home health aide under this chapter.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-5-7Supervision by health care professional 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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-5-8Information required for registry 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).

As added by P.L.143-2025, SEC.24.

IC 16-27.5-5-9Notice of change of address 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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-5-10Approved dementia training 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 commission 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 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.

As added by P.L.143-2025, SEC.24. Amended by P.L.23-2026, SEC.128.

IC 16-27.5-5-11Conditions required to administer gastrointestinal and jejunostomy tube feedings; training 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 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.

As added by P.L.143-2025, SEC.24.

IC 16-27.5-5-12ExpiredAs added by P.L.143-2025, SEC.24. Expired 12-31-2025 by P.L.143-2025, SEC.24.

IC 16-28ARTICLE 28. HEALTH FACILITIES

Ch. 1.Health Facilities Council Ch. 2.Licensure of Health Facilities Ch. 2.5.Licensure and Certification Limitations Ch. 3.Probationary Licenses; Revocation of Licenses Ch. 4.Allegations of Breaches Ch. 5.Remedies for Breaches; Plans of Correction Ch. 6.Emergency Relocations of Patients Ch. 6.5.Essential Family Caregiver Program Ch. 7.Monitors Ch. 8.Receivership Ch. 9.Penalties Ch. 10.Hearings and Appeals Ch. 11.Miscellaneous Provisions Ch. 12.Federally Required Enforcement Process Ch. 13.Criminal History of Nurse Aides and Other Unlicensed Employees Ch. 14.Patient Immunizations Ch. 14.5.Health Facility Employee Immunizations Ch. 15.Health Facility Quality Assessment Fee Ch. 16.Expired

IC 16-28-1Chapter 1. Health Facilities Council

16-28-1-1Repealed 16-28-1-2Repealed 16-28-1-3Repealed 16-28-1-4Repealed 16-28-1-5Repealed 16-28-1-6Repealed 16-28-1-7Adoption of rules; fire safety rule recommendations; classification of facilities 16-28-1-7Adoption of rules; fire safety rule recommendations; classification of facilities 16-28-1-8Repealed 16-28-1-9Repealed 16-28-1-10Waiver of rules 16-28-1-11Qualified medication aides and certified nurse aides; facility verification of program requirements; exceptions 16-28-1-11.5Repealed 16-28-1-12Repealed 16-28-1-13Licensure inspections; reports 16-28-1-14Provision of licensure inspection report copies and summaries; maintenance and inspection of reports