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 rehabilitativeservices has administrative control of and responsibility for thefollowing 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Repealed
(Repealed by P.L.146-1993, SEC.3.)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; contractingpower; limitations on closure and operation of certain facilities inEvansville
Sec. 3. (a) The director of the division of mental health andaddiction has administrative control of and responsibility for thefollowing 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 agencyand the governor, the director of the division of mental health andaddiction may contract for the management and clinical operation ofLarue D. Carter Memorial Hospital.
(c) The following applies only to the institutions described insubsection (a)(1) and (a)(2):
(1) Notwithstanding any other statute or policy, the division ofmental health and addiction may not do the following afterDecember 31, 2001, unless specifically authorized by a statuteenacted by the general assembly:
(A) Terminate, in whole or in part, normal patient care orother operations at the facility.
(B) Reduce the staffing levels and classifications belowthose 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 avacancy created by a termination described in subdivision(1)(C) so that the staffing levels at the facility are not reducedbelow the staffing levels in effect on January 1, 2002.
(3) Notwithstanding any other statute or policy, the division ofmental health and addiction may not remove, transfer, ordischarge 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 forChildren shall remain independent of Evansville State Hospital andthe southwestern Indiana community mental health center, and theEvansville State Psychiatric Treatment Center for Children shallcontinue to function autonomously unless a change in administrationis 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 stateinstitutions, may do the following:
(1) Transfer a patient with a developmental disability betweenstate institutions.
(2) In consultation with the patient's treating physician, transfera 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 directormay exercise the power with respect to any state institution overwhich the director has administrative control and responsibility.
(b) If this article grants a superintendent a power, thesuperintendent may exercise the power only with respect to the stateinstitution 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 officialof the state institution's division.
(2) An employee of a state institution is also considered anemployee 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 thestate 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 afterthe institution is closed, the division of mental health and addictionshall secure, maintain, and fund appropriate long term inpatient bedsfor individuals who have been determined by a community mentalhealth center to:
(1) have a chronic and persistent mental disorder or chronicaddictive disorder; and
(2) be in need of care that meets the following criteria:
(A) Twenty-four (24) hour supervision of a patient isavailable.
(B) A patient receives:
(i) active treatment as appropriate for a chronic andpersistent mental disorder or chronic addictive disorder;
(ii) case management services from a state approvedprovider; and
(iii) maintenance of care under the direction of aphysician.
(C) Crisis care.
(b) An individual placed in a long term inpatient bed under thissection 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 thefollowing:
(1) The number of long term inpatient beds in the county wherethe hospital was located may not be less than twenty-one (21)adults per one hundred thousand (100,000) adults in the countywhere the hospital was located.
(2) The total number of long term inpatient beds may not be lessthan twenty-one (21) adults per one hundred thousand(100,000) adults in the catchment area served by Central StateHospital. The division may reduce the total number of long terminpatient beds required by this subdivision whenever thedivision determines that caseloads justify a reduction. However:
(A) the total number of long term inpatient beds may not bereduced below the number required by subdivision (1); and
(B) the number of long term inpatient beds in the countywhere the hospital was located may not be reduced belowthe number required by subdivision (1).
(d) The division is not required to secure, maintain, and fund longterm inpatient beds under this section that exceed the number ofindividuals who have been determined by a community mental healthcenter to be in need of inpatient care under subsection (a). However,
subject to the limitations of subsection (c), the division shall at alltimes retain the ability to secure, maintain, and fund long terminpatient 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 bedunder this section at Larue D. Carter Memorial Hospital if theplacement adversely affects the research and teaching mission of thehospital.
(f) Notwithstanding any other law, the director of the division ofmental health and addiction may not terminate normal patient care orother operations at Central State Hospital unless the division hasdeveloped a plan to comply with this section. Before closing CentralState Hospital, the director shall submit a report in an electronicformat under IC 5-14-6 to the legislative council containing thefollowing information:
(1) The plans the division has made and implemented to complywith this section.
(2) The disposition of patients made and to be made from July1, 1993, to the estimated date of closing of Central StateHospital.
(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 directcare staff
Sec. 8. (a) Each state institution shall post a notice that a resident,the legal representative of the resident, or another individualdesignated by the resident may request from the individual in chargeof each shift information that designates the names of all nursingpersonnel 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 thefollowing conditions:
(1) Be posted in a conspicuous place that is readily accessibleto residents and the public.
(2) Be at least 24 point font size on a poster that is at leasteleven (11) inches wide and seventeen (17) inches long.
(3) Contain the:
(A) business telephone number of the superintendent of thestate institution; and
(B) toll free telephone number for filing complaints with thedivision that is administratively in charge of the stateinstitution.
(4) State that if a resident, the legal representative of theresident, 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, thelegal representative of the resident, or other individualdesignated 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 administrativelyin charge of the state institution by using the division's tollfree 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 reportsemiannually for each state institution that is under the director'sadministrative control. The statistical report must list the followinginformation:
(1) The number of total hours worked in the state institution byeach classification of personnel for which the director maintainsdata.
(2) The resident census of the state institution for which thedirector maintains data.
(b) The director shall provide a compilation of the statisticalreports prepared under subsection (a) to the following:
(1) Each state institution that is under the director'sadministrative 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 toresidents and the public a copy of the compilation of statisticalreports provided under this section; and
(2) post a notice that a copy of the compilation of statisticalreports may be requested from the individual in charge of eachshift.
(d) The notice required under subsection (c)(2) must meet thefollowing conditions:
(1) Be posted in a conspicuous place that is readily accessibleto residents and the public.
(2) Be at least 24 point font size on a poster that is at leasteleven (11) inches wide and seventeen (17) inches long.
(3) Contain the:
(A) business telephone number of the superintendent of thestate institution; and
(B) toll free telephone number for filing complaints with thedivision that is administratively in charge of the stateinstitution. (4) State that if a resident, the legal representative of theresident, or another individual designated by the resident isunable to obtain the compilation of statistical reports from theindividual in charge of each shift, the resident, the legalrepresentative of the resident, or other individual designated bythe resident may do any of the following:
(A) Contact the superintendent of the state institution.
(B) File a complaint with the division that is administrativelyin charge of the state institution by using the division's tollfree 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.)