Indiana § 16-52-3-2 - Referral to health care facility; required notification

§ 16-52-3-2. Referral to health care facility; required notification

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:

(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 services 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. Amended by P.L.9-2024, SEC.382.