CHAPTER 6. ADMINISTRATIVE UNIT FOR SPECIAL INSTITUTIONS
IC 16-19-6
Chapter 6. Administrative Unit for Special Institutions
IC 16-19-6-1
Administrative unit defined
Sec. 1. As used in this chapter, "administrative unit" refers to theadministrative unit for special institutions.
As added by P.L.2-1993, SEC.2.
IC 16-19-6-2
Commission defined
Sec. 2. As used in this chapter, "commission" refers to thecommission for special institutions.
As added by P.L.2-1993, SEC.2.
IC 16-19-6-3
Creation of unit
Sec. 3. The administrative unit for special institutions is createdwithin the state department.
As added by P.L.2-1993, SEC.2.
IC 16-19-6-4
Administrative head; duties
Sec. 4. The state health commissioner is the administrative headof the administrative unit and shall do the following:
(1) Exercise general supervision and control of theadministrative unit.
(2) Direct the medical and physical care, education, andrehabilitation of persons in the institutions that are under thecontrol and supervision of the administrative unit.
(3) Employ the personnel necessary to perform the dutiesimposed upon the administrative unit and the state healthcommissioner by this chapter.
As added by P.L.2-1993, SEC.2.
IC 16-19-6-5
Institutions under administrative control of commissioner
Sec. 5. The state health commissioner has complete administrativecontrol and responsibility for the Indiana Soldiers' and Sailors'Children's Home.
As added by P.L.2-1993, SEC.2. Amended by P.L.69-1999, SEC.3;P.L.21-2008, SEC.17.
IC 16-19-6-6
Institutions; superintendents; powers and duties; appointment;removal
Sec. 6. (a) Each of the institutions named in section 5 of thischapter is under the administrative control of a superintendent whohas the powers, duties, and qualifications provided by law for eachof the respective superintendents or as may be otherwise prescribed
or delegated by the state health commissioner (including theauthority to execute contracts for a special institution named insection 5 of this chapter) insofar as the powers, duties, andqualifications are not in conflict with this chapter.
(b) Each of the superintendents shall be appointed by the statehealth commissioner. A superintendent may be removed only by thestate health commissioner. The superintendent of any of the specialinstitutions listed in section 5 of this chapter shall be administrativelyresponsible to the state health commissioner.
As added by P.L.2-1993, SEC.2. Amended by P.L.142-1995, SEC.6.
IC 16-19-6-7
Institutions; salary schedules; teacher contracts
Sec. 7. (a) The state health commissioner shall annually reviewthe salary schedules of the largest school corporation of the countyin which each special institution placed under the control of theadministrative unit is located to determine the salary schedule of thatschool corporation.
(b) Except as provided in subsection (e), the state healthcommissioner shall, following the annual review in subsection (a),prescribe, subject to approval by the state personnel department andthe budget agency, a salary schedule for each special institutiondescribed in subsection (a), using a daily rate of pay for each teacher,which must be equal to that of the largest school corporation in thecounty in which the institution is located.
(c) The state health commissioner shall prescribe the terms of theannual contract awarded to licensed teachers qualifying for paymentunder this schedule.
(d) The state health commissioner shall advise the budget agencyand the governor of the state health commissioner's action under thissection. Hours of work for all teachers shall be set in accordancewith IC 4-15-2.
(e) If the school corporation in which the special institution islocated becomes the largest school corporation in the county inwhich the special institution is located, the daily rate of pay for eachteacher must be equal to that of the school corporation in which thespecial institution is located, without regard to whether the schoolcorporation in which the special institution is located remains thelargest school corporation in the county.
As added by P.L.2-1993, SEC.2.
IC 16-19-6-8
Institutions; superintendents; salary
Sec. 8. The superintendent of a special institution named insection 5 of this chapter is entitled to receive a salary in an amountto be fixed by the state health commissioner subject to the approvalof the governor and the budget agency.
As added by P.L.2-1993, SEC.2.
IC 16-19-6-9Repealed
(Repealed by P.L.113-2010, SEC.170.)
IC 16-19-6-10
Application of IC 4-13-2
Sec. 10. IC 4-13-2 applies to the following:
(1) The administrative unit.
(2) The state health commissioner in the state healthcommissioner's capacity as administrative head of theadministrative unit.
(3) All agencies, officers, or institutions subject to thejurisdiction or the supervision of the administrative unit or thestate health commissioner.
As added by P.L.2-1993, SEC.2.
IC 16-19-6-11
Employee bonds and crime policies
Sec. 11. (a) The following persons shall furnish an individualpublic official bond, if the state health commissioner requires, in anamount determined by the state health commissioner, payable to thestate and conditioned upon the faithful performance of that person'sduties:
(1) Each superintendent of an institution subject to thejurisdiction or the supervision of the administrative unit.
(2) An officer or employee of the administrative unit or of anyagency or institution.
(b) A bond required under this section is subject to the approvalof the insurance commissioner, and shall be filed in the office of thesecretary of state.
(c) The premiums for the bonds shall be payable from the fundsof the administrative unit.
(d) The state health commissioner, at the state healthcommissioner's election, may secure a standard form blanket bond orcrime insurance policy endorsed to include faithful performancecovering all or any part of the officers and employees of the statedepartment. However, the blanket bond or crime insurance policymust be in an amount of not less than fifty thousand dollars($50,000).
(e) The commissioner of insurance shall prescribe the form of thebonds or crime policies required by this section.
As added by P.L.2-1993, SEC.2. Amended by P.L.49-1995, SEC.10.
IC 16-19-6-12
Notice regarding requests for names of nursing personnel or directcare staff
Sec. 12. (a) Each special institution designated under section 5 ofthis chapter shall post a notice that a resident, the legal representativeof the resident, or another individual designated by the resident mayrequest from the individual in charge of each shift information thatdesignates 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 special 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 thespecial institution; and
(B) toll free telephone number for filing complaints with thestate department.
(4) State that if a resident, the legal representative of theresident, or another individual designated by the resident isunable 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 special institution.
(B) File a complaint with the state department by using thestate department's toll free telephone number.
(c) The state department may adopt rules under IC 4-22-2 to carryout this section.
As added by P.L.108-2000, SEC.3.
IC 16-19-6-13
Semiannual statistical reports
Sec. 13. (a) The state health commissioner shall produce astatistical report semiannually for each special institution designatedin section 5 of this chapter. The statistical report must list thefollowing information:
(1) The number of total hours worked in the special institutionby each classification of personnel for which the state healthcommissioner maintains data.
(2) The resident census of the special institution for which thestate health commissioner maintains data.
(b) The state health commissioner shall provide a compilation ofthe statistical reports prepared under subsection (a) to the following:
(1) Each special institution designated in section 5 of thischapter.
(2) The state department.
(3) The state ombudsman.
(c) Each special institution designated in section 5 of this chaptershall:
(1) make available in a place that is readily accessible toresidents 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 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 thespecial institution; and
(B) toll free telephone number for filing complaints with thestate department.
(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 special institution.
(B) File a complaint with the state department by using thestate department's toll free telephone number.
(e) The state department may adopt rules under IC 4-22-2 to carryout this section.
As added by P.L.108-2000, SEC.4.