Strengths

• Strong protections for due process.
• Bans agencies from using arrest and expunged records as well as vague standards like “moral turpitude” and “good character” to disqualify applicants.

Areas of Improvement

• Extend state’s protections to all licenses.

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Thanks to a 2018 reform, Indiana has some of the nation’s best protections and is one of just a handful of states that earns a perfect score in the Due Process category.

However, there are loopholes. Health care facilities are banned from employing nurse aides who have been convicted of felony battery or any drug felony within the past five years, while credentials to provide emergency medical services can be denied based on any drug felony or any crime of violence.  The 2018 reform also doesn’t apply to child care centers, which allow boards to disqualify applicants on the basis of any felony or a misdemeanor “related to the health and safety of the child.”

Statute: Ind. Code §12-17.2-4-5, Ind. Code §16-28-13-3, Ind. Code § 16-31-14(g), Ind. Code § 16-31-3-14.5, Ind. Code §§ 25-1-1.1-0.5 to 25-1-1.1-6, Ind. Code § 35-38-9-10 (2019), Ind. Code § 31-27-3-5, Ind. Code §§ 36-1-26-4 to 36-1-26-5 (2019)