2013 Indiana Code
TITLE 12. HUMAN SERVICES
ARTICLE 23. ADDICTION SERVICES
CHAPTER 1. BUREAU OF ADDICTION SERVICES
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IC 12-23
ARTICLE 23. ADDICTION SERVICES
IC 12-23-1
Chapter 1. Bureau of Addiction Services
IC 12-23-1-1
Repealed
(Repealed by P.L.40-1994, SEC.83.)
IC 12-23-1-2
Repealed
(Repealed by P.L.40-1994, SEC.83.)
IC 12-23-1-3
Repealed
(Repealed by P.L.40-1994, SEC.83.)
IC 12-23-1-4
Repealed
(Repealed by P.L.40-1994, SEC.83.)
IC 12-23-1-5
Repealed
(Repealed by P.L.40-1994, SEC.83.)
IC 12-23-1-6
Powers
Sec. 6. The division has the following powers:
(1) Promoting unified programs for education and research,
prevention and control, diagnosis, and treatment of substance
and gambling abuse based on comprehensive plans developed
by the division.
(2) Assuring compliance with state rules and federal regulations
for substance abuse services programs and revoking
authorization of the programs upon a determination that the
programs do not comply with the rules and regulations.
(3) Making agreements and contracts with:
(A) another department, authority, or agency of the state;
(B) another state;
(C) the federal government;
(D) a state or private postsecondary educational institution;
or
(E) a public or private agency;
to effectuate the purposes of this article.
(4) Directly or by contract, approving and certifying facilities
and services for the treatment, care, or rehabilitation of
alcoholics, drug abusers, and compulsive gamblers in
accordance with requirements established by the division and
assigning or transferring individuals placed under the division's
care or supervision to the facilities.
(5) Requiring, as a condition of operation, that each public and
private treatment facility, except facilities and services created
and funded under IC 12-23-14 that do not provide treatment and
rehabilitation services, be certified according to standards
established by the division.
(6) Maintaining a toll free telephone line that the public may
use to obtain counseling and information about programs that
help individuals with drug, alcohol, and gambling problems.
(7) Adopting rules under IC 4-22-2 to implement this article.
As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.34;
P.L.54-1995, SEC.3; P.L.122-1997, SEC.1; P.L.2-2007, SEC.164.
IC 12-23-1-7
Authority of division; grants, loans, and gifts; federal government
grants and contracts
Sec. 7. (a) Except as provided in subsection (b) and
notwithstanding any other law, the division is the sole state authority
authorized to:
(1) disburse grants, loans, or gifts made by the federal
government or any other source to the state, state agencies, and
subdivisions of the state; and
(2) review and approve grants or contracts made by the federal
government to or with a local governmental unit or other public
or private agency;
for alcoholism, compulsive gambling, or drug abuse prevention or for
treatment in the field of addictions.
(b) Subsection (a) does not apply if the federal law regulating a
grant, loan, or gift does not allow exclusive power and control over
the disbursement of the grant, loan, or gift to be vested in a single
state authority.
As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.35;
P.L.54-1995, SEC.4.
IC 12-23-1-8
Authority of division; disbursements to addiction services advisory
council or for purposes of IC 12-23-1-6
Sec. 8. Notwithstanding any other law, the division is the sole
state authority authorized to disburse money appropriated to the
division for a purpose described in section 6 of this chapter.
As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.36.
IC 12-23-1-9
Allocation of federal aid for Drug Abuse and Alcohol
Abuse/Alcoholic Efforts
Sec. 9. (a) A part of the total amount of the federal money
earmarked for Drug Abuse and Alcohol Abuse/Alcoholics Efforts
received for disbursement by the division shall be used for local
programs that provide prevention, intervention, or treatment services
for individuals who:
(1) have a primary diagnosis of chronic substance abuse and
dependence; and
(2) are without significant or immediate treatment needs for
mental illness or serious emotional disturbance.
(b) The amount designated in subsection (a) shall be distributed
to specialty addiction providers that serve the eligible population to
provide consumer choice based on outcomes determined by the
division.
As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.37;
P.L.143-2011, SEC.27.
IC 12-23-1-10
Cooperation of other agencies
Sec. 10. The division is the state authority primarily responsible
for prevention, control, treatment and rehabilitation, education,
research, and planning in the field of addictions. All other agencies
of state and local government shall cooperate with the division to
assist in the performance of the division's functions.
As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.38.
IC 12-23-1-11
Operation of vehicle under influence of liquor or drugs; laws
unaffected; alternative methods of prosecution
Sec. 11. (a) This article does not repeal or modify Indiana law
relating to the operation of a vehicle under the influence of liquor or
drugs.
(b) IC 12-23-5, IC 12-23-6, IC 12-23-7, IC 12-23-8, and any other
related provisions of this article shall be considered to be alternative
methods or procedures for the prosecution of alcoholics or drug
abusers as criminals.
As added by P.L.2-1992, SEC.17.
IC 12-23-1-12
Enforcement of article
Sec. 12. (a) The division and the director shall enforce this article.
(b) The division or the director may bring an action at law or in
equity to enforce any of the provisions of this article and the circuit
and superior courts of the state have jurisdiction to compel or enforce
the provisions of this article by prohibitory or mandatory injunction.
As added by P.L.2-1992, SEC.17.
IC 12-23-1-13
Participation in alcohol and drug services program
Sec. 13. Notwithstanding the amendments made to IC 12-7-2-12
by P.L.168-2002, a person participating in an alcohol and drug
services program before July 1, 2002, solely as a result of
committing an infraction may continue in the program until the
person successfully completes the program or is removed for a
violation or noncompliance, whichever occurs first.
As added by P.L.220-2011, SEC.274.
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