Sec. 3. (a) Except as provided in subsection (b), a person who owns or operates a hospice program may not employ an individual or allow a volunteer to provide hospice services if that individual's or volunteer's limited criminal history indicates that the individual or volunteer has: (1) been convicted of rape ( IC 35-42-4-1 ); (2) been convicted of criminal deviate conduct ( IC 35-42-4-2 ) (repealed); (3) been convicted of exploitation of an endangered adult ( IC 35-46-1-12 ); (4) had a judgment entered against the individual for failure to report battery, neglect, or exploitation of an endangered adult ( IC 35-46-1-13 ); or (5) been convicted of theft ( IC 35-43-4 ), if the conviction for theft occurred less than ten (10) years before the individual's employment application date. (b) A hospice program may not employ an individual or allow a volunteer to provide hospice services for more than twenty-one (21) calendar days without receipt of that individual's or volunteer's limited criminal history required by section 2 of this chapter, unless the Indiana central repository for criminal history information under IC 10-13-3 is solely responsible for failing to provide the individual's or volunteer's limited criminal history to the hospice program within the time required under this subsection.
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