CHAPTER 1. ADMINISTRATION OF STATE INSTITUTIONS
IC 12-24
ARTICLE 24. STATE INSTITUTIONS
IC 12-24-1
Chapter 1. Administration of State Institutions
IC 12-24-1-1
Director of division of disability and rehabilitative services
Sec. 1. The director of the division of disability and rehabilitative
services has administrative control of and responsibility for the
following state institutions:
(1) Fort Wayne State Developmental Center.
(2) Any other state owned or operated developmental center.
As added by P.L.2-1992, SEC.18. Amended by P.L.146-1993, SEC.1;
P.L.4-1993, SEC.199; P.L.5-1993, SEC.212; P.L.272-1999, SEC.44;
P.L.141-2006, SEC.61.
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Repealed
(Repealed by P.L.146-1993, SEC.3.)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) The following applies only to the institutions described in
subsection (a)(1) and (a)(2):
(1) Notwithstanding any other statute or policy, the division of
mental health and addiction may not do the following after
December 31, 2001, unless specifically authorized by a statute
enacted by the general assembly:
(A) Terminate, in whole or in part, normal patient care or
other operations at the facility.
(B) Reduce the staffing levels and classifications below
those in effect at the facility on January 1, 2002.
(C) Terminate the employment of an employee of the facility
except in accordance with IC 4-15-2.
(2) The division of mental health and addiction shall fill a
vacancy created by a termination described in subdivision
(1)(C) so that the staffing levels at the facility are not reduced
below the staffing levels in effect on January 1, 2002.
(3) Notwithstanding any other statute or policy, the division of
mental health and addiction may not remove, transfer, or
discharge any patient at the facility unless the removal, transfer,
or discharge is in the patient's best interest and is approved by:
(A) the patient or the patient's parent or guardian;
(B) the individual's gatekeeper; and
(C) the patient's attending physician.
(d) The Evansville State Psychiatric Treatment Center for
Children shall remain independent of Evansville State Hospital and
the southwestern Indiana community mental health center, and the
Evansville State Psychiatric Treatment Center for Children shall
continue to function autonomously unless a change in administration
is specifically authorized by an enactment of the general assembly.
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.
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
Closing of Central State Hospital
Sec. 7. (a) During the closing of Central State Hospital, and after
the institution is closed, the division of mental health and addiction
shall secure, maintain, and fund appropriate long term inpatient beds
for individuals who have been determined by a community mental
health center to:
(1) have a chronic and persistent mental disorder or chronic
addictive disorder; and
(2) be in need of care that meets the following criteria:
(A) Twenty-four (24) hour supervision of a patient is
available.
(B) A patient receives:
(i) active treatment as appropriate for a chronic and
persistent mental disorder or chronic addictive disorder;
(ii) case management services from a state approved
provider; and
(iii) maintenance of care under the direction of a
physician.
(C) Crisis care.
(b) An individual placed in a long term inpatient bed under this
section shall receive at least the care described in subsection
(a)(2)(A) through (a)(2)(C).
(c) The number of long term inpatient beds that must be secured,
maintained, and funded under subsection (a) must satisfy both of the
following:
(1) The number of long term inpatient beds in the county where
the hospital was located may not be less than twenty-one (21)
adults per one hundred thousand (100,000) adults in the county
where the hospital was located.
(2) The total number of long term inpatient beds may not be less
than twenty-one (21) adults per one hundred thousand
(100,000) adults in the catchment area served by Central State
Hospital. The division may reduce the total number of long term
inpatient beds required by this subdivision whenever the
division determines that caseloads justify a reduction. However:
(A) the total number of long term inpatient beds may not be
reduced below the number required by subdivision (1); and
(B) the number of long term inpatient beds in the county
where the hospital was located may not be reduced below
the number required by subdivision (1).
(d) The division is not required to secure, maintain, and fund long
term inpatient beds under this section that exceed the number of
individuals who have been determined by a community mental health
center to be in need of inpatient care under subsection (a). However,
subject to the limitations of subsection (c), the division shall at all
times retain the ability to secure, maintain, and fund long term
inpatient beds for individuals who satisfy the criteria in subsection
(a) as determined by the community mental health centers.
(e) An individual may not be placed in a long term inpatient bed
under this section at Larue D. Carter Memorial Hospital if the
placement adversely affects the research and teaching mission of the
hospital.
(f) Notwithstanding any other law, the director of the division of
mental health and addiction may not terminate normal patient care or
other operations at Central State Hospital unless the division has
developed a plan to comply with this section. Before closing Central
State Hospital, the director shall submit a report in an electronic
format under IC 5-14-6 to the legislative council containing the
following information:
(1) The plans the division has made and implemented to comply
with this section.
(2) The disposition of patients made and to be made from July
1, 1993, to the estimated date of closing of Central State
Hospital.
(3) Other information the director considers relevant.
As added by P.L.40-1994, SEC.47. Amended by P.L.253-1997(ss),
SEC.11; P.L.215-2001, SEC.65; P.L.28-2004, SEC.113.
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.)