IC 12-24-2


    

Chapter 2. Superintendents of State Institutions


IC 12-24-2-1

Administrative control

    


Sec. 1. A state institution is under the administrative control of a
superintendent appointed under section 2 of this chapter.

As added by P.L.2-1992, SEC.18.


IC 12-24-2-2

Appointment

    


Sec. 2. Subject to the approval of the governor, the director of the
division shall appoint the superintendent of a state institution.

As added by P.L.2-1992, SEC.18.


IC 12-24-2-3

Qualifications; rules

    


Sec. 3. The director of the division may adopt rules under
IC 4-22-2 to prescribe the qualifications of a superintendent of a state
institution under the control of the division. A superintendent must
possess the prescribed qualifications.

As added by P.L.2-1992, SEC.18.


IC 12-24-2-4

Term; removal

    


Sec. 4. (a) Except as provided in subsection (b), a superintendent
serves a term of four (4) years.

    (b) Subject to the approval of the governor, the director may
remove a superintendent at any time.

As added by P.L.2-1992, SEC.18.


IC 12-24-2-5

Administrative responsibility

    


Sec. 5. The superintendent of a state institution is administratively
responsible to the director.

As added by P.L.2-1992, SEC.18.


IC 12-24-2-6

Bond

    


Sec. 6. A superintendent shall furnish a bond as required by
IC 12-24-3-3.

As added by P.L.2-1992, SEC.18.


IC 12-24-2-7

Powers

    


Sec. 7. A superintendent may do the following:

        (1) Administer oaths.

        (2) Take depositions.

        (3) Certify to official acts.

As added by P.L.2-1992, SEC.18.

IC 12-24-2-8

Regulation of smoking; prescribing nicotine

    


Sec. 8. (a) Notwithstanding IC 12-27-3-3, the superintendent of a
state institution has complete authority to regulate smoking (as
defined in IC 16-41-37-3) within the state institution.

    (b) A physician licensed under IC 25-22.5 may prescribe nicotine
as is medically necessary for a resident of a state institution.

As added by P.L.110-1997, SEC.2.


IC 12-24-2-9

Admissions; Evansville state psychiatric treatment center for
children

    


Sec. 9. (a) Notwithstanding any other law, an individual shall be
admitted to the Evansville State Psychiatric Treatment Center for
Children if the decision to admit the individual is approved by:

        (1) the individual's gatekeeper; and

        (2) the Evansville State Psychiatric Treatment Center for
Children's admission committee, which must consist of at least
the following individuals:

            (A) The superintendent.

            (B) The medical director.

            (C) The clinical director.

            (D) The director of nursing.

    (b) The division of mental health and addiction shall encourage
and facilitate the placement of appropriate patients at the Evansville
State Psychiatric Treatment Center for Children. A state operated
facility must be considered before referring a patient to an
out-of-state treatment center. The appropriateness of admission to the
Evansville State Psychiatric Treatment Center for Children is
determined when both the individual's gatekeeper and the Evansville
State Psychiatric Treatment Center for Children's admission
committee agree that the individual meets admission criteria and that
admission to the Evansville State Psychiatric Treatment Center for
Children is the least restrictive treatment option available to meet the
individual's psychiatric needs. An administrator of the division of
mental health and addiction may not make a determination of the
appropriateness of admission to the Evansville State Psychiatric
Treatment Center for Children unless the individual's gatekeeper and
the admissions committee fail to reach agreement on the
appropriateness of the referral. If the gatekeeper and the admissions
committee fail to reach an agreement on the appropriateness of the
referral, the decision of the division of mental health and addiction
is final.

As added by P.L.192-2002(ss), SEC.155.