Effective 9-1-2025. Sec. 237.2. "Misconduct", for purposes of IC 16-27.5 , means any of the following acts performed by a qualified medication aide: (1) Stealing, diverting, or otherwise misusing medication. (2) Administering medication in a manner that does not comply with IC 16-27.5-4 . (3) Improperly storing medication. (4) Performing duties outside the qualified medication aide's scope of practice. (5) Performing duties within a qualified medication aide's scope of practice without adequate training or competency. (6) Fraudulently procuring or attempting to procure or maintain a qualified medication aide certification, including the following: (A) Falsely representing facts on an individual's application for certification or renewal of certification under IC 16-27.5-4 . (B) Impersonating another: (i) individual certified or registered under IC 16-27.5 ; or (ii) licensed health care provider. (C) Allowing another individual to utilize the qualified medication aide's certification. (D) Providing or receiving prohibited assistance during the state examination. (7) Obtaining supplies, equipment, or medication from the qualified medication aide's employer for the qualified medication aide's personal use. (8) Except for payment for services or a nominal token of appreciation or recognition, providing to or accepting from a patient money or property. (9) Using a patient's personal funds, including entering the patient's financial account information into a device that is not owned by the patient, without: (A) express knowledge of the qualified medication aide's employer; and (B) documenting purchases in the patient's chart. (10) Engaging in a sexual relationship with a patient. (11) Cohabitating with a patient unless the qualified medication aide: (A) is a family member of the patient; or (B) cohabitated with the patient before the qualified medication aide became certified under IC 16-27.5 . (12) Demonstrating actual or potential inability to competently practice as a qualified medication aide due to illness, including a mental or physical condition, or the use of drugs, alcohol, or any other substance. (13) Possessing an illegal substance in a facility where the qualified medication aide provides services. (14) Engaging in conduct with a third party that results in abuse, neglect, or misappropriation of patient property. (15) Engaging in a patient's estate planning activities, including being a power of attorney, guardian, executor, or beneficiary of a patient's estate, unless the qualified medication aide: (A) is a family member of the patient; or (B) engaged in the estate planning activities before the qualified medication aide became certified under IC 16-27.5 . (16) Knowingly providing false information to the state department or state surveyor during an investigation or proceeding.
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