Sec. 3. (a) Except as provided in subsection (c), a person may not operate a home health agency or a personal services agency if the person has been convicted of any of the following: (1) A sex crime ( IC 35-42-4 ). (2) Exploitation of an endangered adult ( IC 35-46-1-12 ). (3) Failure to report battery, neglect, or exploitation of an endangered adult ( IC 35-46-1-13 ). (4) Theft, conversion, or receiving stolen property ( IC 35-43-4 ), if the conviction is a: (A) felony conviction that occurred less than ten (10) years; or (B) misdemeanor conviction that occurred less than five (5) years; before the date of submission by the person of an application for licensure as a home health agency under IC 16-27-1 or as a personal services agency under IC 16-27-4 . (5) Identity deception ( IC 35-43-5-3.5 ), if the conviction is a: (A) felony conviction that occurred less than ten (10) years; or (B) misdemeanor conviction that occurred less than five (5) years; before the person's employment application date. (6) Fraud ( IC 35-43-5-4 ), if the conviction is a: (A) felony conviction that occurred less than ten (10) years; or (B) misdemeanor conviction that occurred less than five (5) years; before the person's employment application date. (7) Murder ( IC 35-42-1-1 ). (8) Voluntary manslaughter ( IC 35-42-1-3 ). (9) Except as provided in this section, a crime of violence (as defined in IC 35-50-1-2 ), if the person's conviction occurred less than ten (10) years before the person's employment application date. (10) Felony battery within the previous five (5) years. (11) A felony offense relating to controlled substances within the previous five (5) years. (b) A person who knowingly or intentionally violates this section commits a Class A misdemeanor. (c) A person who: (1) was operating a home health agency or a personal services agency before July 1, 2025; and (2) has a misdemeanor conviction under subsection (a)(4)(B) or (a)(5)(B); may continue to operate the home health agency or personal services agency. [Pre-1993 Recodification Citation: 16-10-2.6-3.]
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