TITLE 848 INDIANA STATE BOARD OF NURSING
Emergency Rule
LSA Document #19-80(E)
DIGEST
SECTION 1. This document implements IC 25-1-1.1-6 regarding disqualifying criminal history for licensure by the Indiana state board of nursing and includes in SECTION 4 of this document an explicit list of crimes that will disqualify an individual from receiving a license.
SECTION 2. An applicant for licensure who has a disqualifying criminal history may still be granted a license based on the criteria stated in IC 25-1-1.1-6(f).
SECTION 3. This document and IC 25-1-1.1-6 do not limit the authority of the Indiana state board of nursing to issue a license on probation if appropriate under IC 25-1-9-16 or any other applicable statute.
SECTION 4. This SECTION contains the list of disqualifying crimes as follows:
(1) Criminal sexual acts:
(C) Criminal deviate conduct (IC 35-42-4-2 [IC 35-42-4-2 was repealed by P.L.158-2013, SECTION 438 and P.L.214-2013, SECTION 37, effective July 1, 2014]).
(E) Making an unlawful proposition/patronizing a prostitute (IC 35-45-4-3).
(2) Crimes of violence:
(F) Criminal deviate conduct (IC 35-42-4-2 [IC 35-42-4-2 was repealed by P.L.158-2013, SECTION 438 and P.L.214-2013, SECTION 37, effective July 1, 2014]).
(M) Unlawful possession of a firearem [sic] by a serious violent felon (IC 35-47-4-5).
(8) Battery, neglect, or exploitation of endangered adult or person with mental or physical disability; failure to report; unlawful disclosure; referrals; retaliation (IC 35-46-1-13).
(12) Child exploitation; possession of child pornography; exemptions; defenses (IC 35-42-4-4(b)(1)).
(24) Dangerous possession and unlawful transfer of a firearm (IC 35-47-10-5).
(25) Dealing in a controlled substance by a practioner [sic] (IC 35-48-4-1.5).
(26) Dealing in a controlled substance resulting in death (IC 35-42-1-1.5).
(28) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
(29) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
(30) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(31) Dealing in a substance represented to be a controlled substance (IC 35-48-4-4.5).
(32) Dealing in a synthetic drug or synthetic drug lookalike substance (IC 35-48-4-10.5).
(34) Dealing in marijuana, hash oil, hashish, or salvia (IC 35-48-4-10).
(37) Deception with intent to cause withholding of CPR (IC 16-36-5-28).
(38) Delivery of deadly weapon to intoxicated person (IC 35-47-4-1).
(39) Destructions of declaration; forgery of revocation (IC 16-36-5-27).
(40) Destructive device or explosive to kill, injure, or intimidate or to destroy property (IC 35-47.5-5-8).
(42) Disrupting operation of aircraft; Class B felony (IC 35-47-6-1.6).
(43) Dissemination of matter or conducting performance harmful to minors (IC 35-49-3-3).
(44) Distribution of destructive device, explosive, or detonator to a minor (IC 35-47.5-5-5).
(45) Distribution of regulated explosives to persons convicted of felony (IC 35-47.5-5-4).
(49) Enticing or taking a patient away or aiding a patient to escape from the custody of an administrator or a superintendent (IC 12-24-17-7).
(50) Exploitation of dependent or endangered adult; financial exploitation of endangered adult; violation classification (IC 35-46-1-12).
(51) Failure of carriers of dangerous communicable diseases to warn persons at risk (IC 35-45-21-3).
(56) Firearm, explosive, or deadly weapon; possession in commercial or chartered aircraft (IC 35-47-6-1).
(57) Firearm, explosive, or deadly weapon; possession in controlled access areas of an airport (IC 35-47-6-1.3).
(58) Firearms and handguns; giving false information or offering false evidence of identity (IC 35-47-2-17).
(60) Hindering or obstructing detection, disarming, or destruction of destructive device (IC 35-47.5-5-7).
(64) Impersonating a firefighter at an emergency incident area (IC 35-44.1-4-7).
(69) Intentional signing of false document; sanctions (IC 23-0.5-2-9).
(76) Neglect, abuse, or maltreatment of a patient in a state institution; penalty (IC 12-24-17-3).
(80) Offenses relating to registration labeling and prescription forms (IC 35-48-4-14).
(84) Possession of a dangerous device while incarcerated (IC 35-44.1-3-7).
(85) Possession of firearms on school property or a school bus; defense to a prosecution; possession of firearms in a motor vehicle parked in a school parking lot (IC 35-47-9-2).
(88) Promotion of child sexual trafficking; promotion of sexual trafficking of a younger child (IC 35-42-3.5-1.2).
(90) Promotion of human trafficking; sexual trafficking of a minor; human trafficking (IC 35-42-4-4).
(91) Removal of attack dog's vocal cords; animal cruelty (IC 35-46-3-13).
(93) Sale, distribution, or exhibition of obscene matter (IC 35-49-3-1).
(102) Tampering with a water supply; poisoning (IC 35-43-1-5).
(106) Torture or mutilation of a vertebrate animal; killing a domestic animal (IC 35-46-3-12).
(108) Trafficking with an inmate; carrying a deadly weapon into a correctional facility (IC 35-44.1-3-5).
(111) Unlawful documentation of a gift of organs, tissue, eyes, or body parts (IC 35-46-5-4).
(112) Unlawful entry of school property by a serious sex offender (IC 35-42-4-14).
(113) Unlawful manufacture, distribution, or possession of counterfeit substance (IC 35-48-4-4.6).
(114) Unlawful manufacture, possession, transfer, or offer to transfer armor-piercing ammunition (IC 35-47-5-11.5).
(115) Unlawful ownership or possession of a machine gun (IC 35-47-5-8).
(116) Unlawful participation in human cloning; exception (IC 35-46-5-2).
(118) Unlawful possession of a firearm by a domestic batterer (IC 35-47-4-6).
(119) Unlawful possession of firearm by serious violent felon (IC 35-47-4-5).
(120) Unlawful possession, manufacture, transportation, distribution, possession, or offer to distribute regulated explosives (IC 35-47.5-5-3).
(121) Unlawful purchase, possession, or use of stun guns (IC 35-47-8-5).
(122) Unlawful sale or possession of a transaction manipulation device (IC 35-43-5-4.6).
(126) Use of regulated explosive in violation of commission rule (IC 35-47.5-5-11).
(127) Vicarious sexual gratification; sexual conduct in presence of a minor (IC 35-42-4-5).
(128) Voyeurism; public voyeurism; aerial voyeurism (IC 35-45-4-5).
(130) Worker's compensation fraud.
SECTION 5. A crime in any other jurisdiction for which the elements of the crime for which conviction was entered are substantially similar to the elements of a crime included on the list in SECTION 4 of this document shall also be a crime that will disqualify an individual from receiving a license and therefore included on the list.
SECTION 6. The fee for a petition under IC 25-1-1.1-6(h) for a determination as to whether the individual's misdemeanor or felony conviction will disqualify the individual from receiving a license or certification shall be twenty-five dollars ($25).
SECTION 7. SECTIONS 1 through 6 of this document take effect January 30, 2019. NOTE: IC 4-22-2-37.1 establishes the effectiveness of an emergency rule upon filing with the Publisher. This document was filed with the Publisher February 1, 2019.
Filed with Publisher: February 1, 2019, 12:46 p.m.
Posted: 02/06/2019 by Legislative Services Agency
DIN: 20190206-IR-848190080ERA
Composed: Apr 28,2024 7:19:31PM EDT
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