2016 Indiana Code
TITLE 12. HUMAN SERVICES
ARTICLE 21. DIVISION OF MENTAL HEALTH AND ADDICTION
CHAPTER 5. DUTIES OF DIVISION
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IC 12-21-5
Chapter 5. Duties of Division
IC 12-21-5-1
Administration of related laws
Sec. 1. The division is responsible for administering the
following:
(1) This article.
(2) IC 12-22.
(3) IC 12-23.
(4) IC 12-25.
(5) Other programs the division is required to administer by
statute.
(6) State institutions listed in IC 12-24-1-3.
As added by P.L.2-1992, SEC.15. Amended by P.L.40-1994, SEC.32.
IC 12-21-5-1.5
Mental health and addiction services
Sec. 1.5. The division shall do the following:
(1) Adopt rules under IC 4-22-2 to establish and maintain
criteria to determine patient eligibility and priority for publicly
supported mental health and addiction services. The rules must
include criteria for patient eligibility and priority based on the
following:
(A) A patient's income.
(B) A patient's level of daily functioning.
(C) A patient's prognosis.
(2) Within the limits of appropriated funds, contract with a
network of providers to provide services in an appropriate
setting that is the least restrictive to individuals who qualify for
the services.
(3) Require the providers of services funded directly by the
division to be in good standing with an appropriate accrediting
body as required by rules adopted under IC 4-22-2 by the
division.
(4) Develop a provider profile that must be used to evaluate the
performance of a provider. A provider's profile must include
input from consumers, citizens, and representatives of the
mental health ombudsman program (IC 12-27-9) regarding the
provider's:
(A) information provided to the patient on patient rights
before treatment;
(B) accessibility, acceptability, and continuity of services
provided or requested; and
(C) total cost of care per individual, using state administered
funds.
(5) Ensure compliance with all other performance criteria set
forth in a provider contract. In addition to the requirements set
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forth in IC 12-21-2-7, a provider contract must include the
following:
(A) A requirement that the standards and criteria used in the
evaluation of care plans be available and accessible to the
patient.
(B) A requirement that the provider involve the patient in the
choice of and preparation of the treatment plan to the
greatest extent feasible.
(C) A provision encouraging the provider to intervene in a
patient's situation as early as possible, balancing the patient's
right to liberty with the need for treatment.
(D) A requirement that the provider set up and implement an
internal appeal process for the patient.
(6) Establish a toll free telephone number that operates during
normal business hours for individuals to make comments to the
division in a confidential manner regarding services or service
providers.
(7) Develop a confidential system to evaluate complaints and
patient appeals received by the division of mental health and
addiction and to take appropriate action regarding the results of
an investigation. A provider is entitled to request and to have a
hearing before information derived from the investigation is
incorporated into the provider's profile. Information contained
within the provider profile is subject to inspection and copying
under IC 5-14-3-3.
As added by P.L.40-1994, SEC.33. Amended by P.L.215-2001,
SEC.60; P.L.28-2004, SEC.112; P.L.143-2011, SEC.17.
IC 12-21-5-2
Education and treatment of children with an emotional
disturbance
Sec. 2. The division is responsible for the following:
(1) The planning, research, and development of programs and
methods for the education and treatment of children with an
emotional disturbance.
(2) The coordination of governmental services, activities, and
programs in Indiana relating to such children.
(3) The administration of the state supported services concerned
with such children.
(4) The preparation of the annual report required by
IC 7.1-6-2-5.
(5) The provision of a mental health first aid training program
developed under section 4 of this chapter, including providing
information and guidance to local school corporations on the
development of evidence based programs for basic or inservice
courses for teachers and training for teachers on the following:
(A) Prevention of child suicide.
(B) Recognition of signs that a student may be considering
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suicide.
As added by P.L.2-1992, SEC.15. Amended by P.L.256-1996, SEC.3;
P.L.99-2007, SEC.103; P.L.93-2011, SEC.1; P.L.185-2015, SEC.13.
IC 12-21-5-3
Application of IC 20-35-2 to education programs for students with
disabilities
Sec. 3. IC 20-35-2 applies to the operation of each education
program for a student with a disability (as defined in IC 20-35-1-8)
conducted by a state owned and operated mental health institution or
furnished under an agreement with the division.
As added by P.L.2-1992, SEC.15. Amended by P.L.23-1993, SEC.55;
P.L.1-2005, SEC.139; P.L.233-2015, SEC.23.
IC 12-21-5-4
Development and administration of mental health first aid training
program; requirements; training; implementation date; report
Sec. 4. (a) To the extent that funds are made available, the
division, in consultation with:
(1) the department of education;
(2) the law enforcement training board;
(3) the Indiana Council of Community Mental Health Centers;
(4) Mental Health America-Indiana;
(5) the Indiana emergency medical services commission; and
(6) a private foundation dedicated to the prevention of youth
suicide through education and awareness;
shall develop and administer a mental health first aid training
program.
(b) The mental health first aid training program developed under
subsection (a) must do the following:
(1) Train individuals attending the training program to
recognize the risk factors and signs of mental health problems
or crises in children and young adults, including signs that a
child or young adult may be considering suicide.
(2) Train individuals attending the training program to guide
children and young adults who exhibit signs of a mental health
problem or crisis to appropriate behavioral health services.
(3) Train individuals attending the training program to not label
children who are at risk or show signs of mental health
problems in a manner that would stigmatize the child.
(c) The division shall provide training for individuals who will be
instructors in the mental health first aid training program.
(d) The division shall make the mental health first aid training
program available to licensed teachers, school counselors, emergency
medical service providers, law enforcement officers, leaders of
community faith organizations, and other persons interested in
receiving training under the program.
(e) The division, the department of education, and the Indiana
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emergency medical services commission may seek federal and state
funding and may accept private contributions to administer and
provide mental health first aid training programs.
(f) Notwithstanding any other law, the division is not required to
implement the mental health first aid training program until after
June 30, 2016.
(g) Before October 1, 2015, the division shall report to the interim
study committee on public health, behavioral health, and human
services established by IC 2-5-1.3-4(14) concerning the status of the
development of the mental health first aid training program.
As added by P.L.185-2015, SEC.14.
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