2013 Indiana Code
TITLE 12. HUMAN SERVICES
ARTICLE 24. STATE INSTITUTIONS
CHAPTER 1. ADMINISTRATION OF STATE INSTITUTIONS
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IC 12-24
ARTICLE 24. STATE INSTITUTIONS
IC 12-24-1
Chapter 1. Administration of State Institutions
IC 12-24-1-1
Repealed
(Repealed by P.L.188-2013, SEC.11.)
IC 12-24-1-2
Repealed
(Repealed by P.L.146-1993, SEC.3.)
IC 12-24-1-3
Director of division of mental health and addiction; contracting
power; limitations on closure and operation of certain facilities in
Evansville
Sec. 3. (a) The director of the division of mental health and
addiction has administrative control of and responsibility for the
following state institutions:
(1) Evansville State Hospital.
(2) Evansville State Psychiatric Treatment Center for Children.
(3) Larue D. Carter Memorial Hospital.
(4) Logansport State Hospital.
(5) Madison State Hospital.
(6) Richmond State Hospital.
(7) Any other state owned or operated mental health institution.
(b) Subject to the approval of the director of the budget agency
and the governor, the director of the division of mental health and
addiction may contract for the management and clinical operation of
Larue D. Carter Memorial Hospital.
(c) Before July 1, 2014, the Evansville State Psychiatric
Treatment Center for Children and the Evansville State Hospital may
not be closed, merged into one (1) facility, or merged with another
facility unless:
(1) authorized by an enactment of the general assembly; or
(2) recommended by the council established by section 3.5 of
this chapter before January 1, 2014.
As added by P.L.2-1992, SEC.18. Amended by P.L.215-2001,
SEC.64; P.L.192-2002(ss), SEC.154; P.L.141-2006, SEC.62;
P.L.229-2011, SEC.147.
IC 12-24-1-3.5
Council on Evansville state hospitals
Sec. 3.5. (a) The council on Evansville state hospitals is
established.
(b) The council consists of the following members:
(1) One (1) superior court judge having exclusive juvenile
jurisdiction in Vanderburgh County, who shall act as
chairperson of the council.
(2) The director of the division of mental health and addiction
or the director's designee.
(3) Two (2) members of the senate, appointed by the president
pro tempore of the senate. The members appointed under this
subdivision:
(A) may not be members of the same political party; and
(B) must represent Evansville or a surrounding area.
(4) Two (2) members of the house of representatives, appointed
by the speaker of the house of representatives. The members
appointed under this subdivision:
(A) may not be members of the same political party; and
(B) must represent Evansville or a surrounding area.
(5) Two (2) mental health providers that provide mental health
services in the Evansville area.
(6) One (1) member who:
(A) resides in the Evansville area; and
(B) provides services in the community, including:
(i) law enforcement services; or
(ii) children's services.
(7) The superintendent of the Evansville State Psychiatric
Treatment Center for Children, or the superintendent's designee.
(8) The superintendent of the Evansville State Hospital, or the
superintendent's designee.
(9) One (1) representative of a statewide mental health
association.
(10) One (1) parent of a child who has received services at the
Evansville State Psychiatric Treatment Center for Children and
who is not associated with the Evansville State Psychiatric
Treatment Center for Children or the Evansville State Hospital
except as a consumer.
(c) The president pro tempore of the senate shall appoint the
members under subsection (b)(1) and (b)(9) and one (1) member
under subsection (b)(5). The speaker of the house of representatives
shall appoint the members under subsection (b)(6) and (b)(10) and
one (1) member under subsection (b)(5).
(d) The council has the following duties:
(1) Review the following:
(A) The mental health and addiction services available to
children in the Evansville area.
(B) The quality of the care provided to patients in the
facilities described in section 3(a)(1) and 3(a)(2) of this
chapter.
(C) The utilization of the facilities described in section
3(a)(1) and 3(a)(2) of this chapter and the cause for any
underutilization.
(2) Determine the viability and need for the facilities described
in section 3(a)(1) and 3(a)(2) of this chapter.
(3) Provide recommendations to:
(A) the office of the secretary; and
(B) the general assembly, in an electronic format under
IC 5-14-6;
concerning the council's findings under this subsection,
including whether the council is making a recommendation
under section 3 of this chapter.
(e) The division of mental health and addiction shall staff the
council.
(f) The expenses of the council shall be paid by the division of
mental health and addiction.
(g) A member of the council is not entitled to a salary per diem or
traveling expenses.
(h) The members described in subsection (b)(7) and (b)(8) shall
serve as nonvoting members. The affirmative votes of a majority of
the voting members of the council are required for the council to take
action on any recommendation.
(i) This section expires December 31, 2013.
As added by P.L.229-2011, SEC.148.
IC 12-24-1-4
Transfer of patients between state institutions
Sec. 4. A director, or the directors of the affected state
institutions, may do the following:
(1) Transfer a patient with a developmental disability between
state institutions.
(2) In consultation with the patient's treating physician, transfer
a patient with a mental illness between state institutions.
As added by P.L.2-1992, SEC.18. Amended by P.L.99-2007,
SEC.116.
IC 12-24-1-5
Exercise of power by director and superintendent restricted
Sec. 5. (a) If this article grants a director a power, the director
may exercise the power with respect to any state institution over
which the director has administrative control and responsibility.
(b) If this article grants a superintendent a power, the
superintendent may exercise the power only with respect to the state
institution under the administrative control of the superintendent.
As added by P.L.2-1992, SEC.18.
IC 12-24-1-6
Construction of terms
Sec. 6. For purposes of this article, the following apply:
(1) An official of a state institution is also considered an official
of the state institution's division.
(2) An employee of a state institution is also considered an
employee of the state institution's division.
(3) The property of a state institution is also considered the
property of the state institution's division.
(4) A rule of a state institution is also considered a rule of the
state institution's division.
As added by P.L.2-1992, SEC.18.
IC 12-24-1-7
Repealed
(Repealed by P.L.28-2012, SEC.18.)
IC 12-24-1-8
Notice regarding requests for names of nursing personnel or direct
care staff
Sec. 8. (a) Each state institution shall post a notice that a resident,
the legal representative of the resident, or another individual
designated by the resident may request from the individual in charge
of each shift information that designates the names of all nursing
personnel or direct care staff on duty by job classification for the:
(1) wing;
(2) unit; or
(3) other area as routinely designated by the state institution;
where the resident resides.
(b) The notice required under subsection (a) must meet the
following conditions:
(1) Be posted in a conspicuous place that is readily accessible
to residents and the public.
(2) Be at least 24 point font size on a poster that is at least
eleven (11) inches wide and seventeen (17) inches long.
(3) Contain the:
(A) business telephone number of the superintendent of the
state institution; and
(B) toll free telephone number for filing complaints with the
division that is administratively in charge of the state
institution.
(4) State that if a resident, the legal representative of the
resident, or another individual designated by the resident is
unable to obtain the information described in subsection (a)
from the individual in charge of each shift, the resident, the
legal representative of the resident, or other individual
designated by the resident may do any of the following:
(A) Contact the superintendent of the state institution.
(B) File a complaint with the division that is administratively
in charge of the state institution by using the division's toll
free telephone number.
(c) The director of the:
(1) division of disability and rehabilitative services; and
(2) division of mental health and addiction;
may adopt rules under IC 4-22-2 to carry out this section.
As added by P.L.108-2000, SEC.1. Amended by P.L.215-2001,
SEC.66; P.L.141-2006, SEC.63.
IC 12-24-1-9
Semiannual statistical reports
Sec. 9. (a) A director shall produce a statistical report
semiannually for each state institution that is under the director's
administrative control. The statistical report must list the following
information:
(1) The number of total hours worked in the state institution by
each classification of personnel for which the director maintains
data.
(2) The resident census of the state institution for which the
director maintains data.
(b) The director shall provide a compilation of the statistical
reports prepared under subsection (a) to the following:
(1) Each state institution that is under the director's
administrative control.
(2) The adult protective services unit under IC 12-10-3.
(c) Each state institution shall:
(1) make available in a place that is readily accessible to
residents and the public a copy of the compilation of statistical
reports provided under this section; and
(2) post a notice that a copy of the compilation of statistical
reports may be requested from the individual in charge of each
shift.
(d) The notice required under subsection (c)(2) must meet the
following conditions:
(1) Be posted in a conspicuous place that is readily accessible
to residents and the public.
(2) Be at least 24 point font size on a poster that is at least
eleven (11) inches wide and seventeen (17) inches long.
(3) Contain the:
(A) business telephone number of the superintendent of the
state institution; and
(B) toll free telephone number for filing complaints with the
division that is administratively in charge of the state
institution.
(4) State that if a resident, the legal representative of the
resident, or another individual designated by the resident is
unable to obtain the compilation of statistical reports from the
individual in charge of each shift, the resident, the legal
representative of the resident, or other individual designated by
the resident may do any of the following:
(A) Contact the superintendent of the state institution.
(B) File a complaint with the division that is administratively
in charge of the state institution by using the division's toll
free telephone number.
(e) The director of the:
(1) division of disability and rehabilitative services; and
(2) division of mental health and addiction;
may adopt rules under IC 4-22-2 to carry out this section.
As added by P.L.108-2000, SEC.2. Amended by P.L.215-2001,
SEC.67; P.L.141-2006, SEC.64.
IC 12-24-1-10
Repealed
(Repealed by P.L.141-2006, SEC.115.)
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