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 the
administrative 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 the
commission 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 created
within 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 head
of the administrative unit and shall do the following:
(1) Exercise general supervision and control of the
administrative unit.
(2) Direct the medical and physical care, education, and
rehabilitation of persons in the institutions that are under the
control and supervision of the administrative unit.
(3) Employ the personnel necessary to perform the duties
imposed upon the administrative unit and the state health
commissioner 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 administrative
control 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 this
chapter is under the administrative control of a superintendent who
has the powers, duties, and qualifications provided by law for each
of the respective superintendents or as may be otherwise prescribed
or delegated by the state health commissioner (including the
authority to execute contracts for a special institution named in
section 5 of this chapter) insofar as the powers, duties, and
qualifications are not in conflict with this chapter.
(b) Each of the superintendents shall be appointed by the state
health commissioner. A superintendent may be removed only by the
state health commissioner. The superintendent of any of the special
institutions listed in section 5 of this chapter shall be administratively
responsible 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 review
the salary schedules of the largest school corporation of the county
in which each special institution placed under the control of the
administrative unit is located to determine the salary schedule of that
school corporation.
(b) Except as provided in subsection (e), the state health
commissioner shall, following the annual review in subsection (a),
prescribe, subject to approval by the state personnel department and
the budget agency, a salary schedule for each special institution
described in subsection (a), using a daily rate of pay for each teacher,
which must be equal to that of the largest school corporation in the
county in which the institution is located.
(c) The state health commissioner shall prescribe the terms of the
annual contract awarded to licensed teachers qualifying for payment
under this schedule.
(d) The state health commissioner shall advise the budget agency
and the governor of the state health commissioner's action under this
section. Hours of work for all teachers shall be set in accordance
with IC 4-15-2.
(e) If the school corporation in which the special institution is
located becomes the largest school corporation in the county in
which the special institution is located, the daily rate of pay for each
teacher must be equal to that of the school corporation in which the
special institution is located, without regard to whether the school
corporation in which the special institution is located remains the
largest 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 in
section 5 of this chapter is entitled to receive a salary in an amount
to be fixed by the state health commissioner subject to the approval
of the governor and the budget agency. As added by P.L.2-1993, SEC.2.
IC 16-19-6-9
Repealed
(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 health
commissioner's capacity as administrative head of the
administrative unit.
(3) All agencies, officers, or institutions subject to the
jurisdiction or the supervision of the administrative unit or the
state 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 individual
public official bond, if the state health commissioner requires, in an
amount determined by the state health commissioner, payable to the
state and conditioned upon the faithful performance of that person's
duties:
(1) Each superintendent of an institution subject to the
jurisdiction or the supervision of the administrative unit.
(2) An officer or employee of the administrative unit or of any
agency or institution.
(b) A bond required under this section is subject to the approval
of the insurance commissioner, and shall be filed in the office of the
secretary of state.
(c) The premiums for the bonds shall be payable from the funds
of the administrative unit.
(d) The state health commissioner, at the state health
commissioner's election, may secure a standard form blanket bond or
crime insurance policy endorsed to include faithful performance
covering all or any part of the officers and employees of the state
department. However, the blanket bond or crime insurance policy
must be in an amount of not less than fifty thousand dollars
($50,000).
(e) The commissioner of insurance shall prescribe the form of the
bonds 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 direct
care staff
Sec. 12. (a) Each special institution designated under section 5 of
this chapter 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 special 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
special institution; and
(B) toll free telephone number for filing complaints with the
state department.
(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 special institution.
(B) File a complaint with the state department by using the
state department's toll free telephone number.
(c) The state department may adopt rules under IC 4-22-2 to carry
out 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 a
statistical report semiannually for each special institution designated
in section 5 of this chapter. The statistical report must list the
following information:
(1) The number of total hours worked in the special institution
by each classification of personnel for which the state health
commissioner maintains data.
(2) The resident census of the special institution for which the
state health commissioner maintains data.
(b) The state health commissioner shall provide a compilation of
the statistical reports prepared under subsection (a) to the following:
(1) Each special institution designated in section 5 of this
chapter.
(2) The state department.
(3) The state ombudsman.
(c) Each special institution designated in section 5 of this chapter
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
special institution; and
(B) toll free telephone number for filing complaints with the
state department.
(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 special institution.
(B) File a complaint with the state department by using the
state department's toll free telephone number.
(e) The state department may adopt rules under IC 4-22-2 to carry
out this section. As added by P.L.108-2000, SEC.4.
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 the
administrative 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 the
commission 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 created
within 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 head
of the administrative unit and shall do the following:
(1) Exercise general supervision and control of the
administrative unit.
(2) Direct the medical and physical care, education, and
rehabilitation of persons in the institutions that are under the
control and supervision of the administrative unit.
(3) Employ the personnel necessary to perform the duties
imposed upon the administrative unit and the state health
commissioner 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 administrative
control 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 this
chapter is under the administrative control of a superintendent who
has the powers, duties, and qualifications provided by law for each
of the respective superintendents or as may be otherwise prescribed
or delegated by the state health commissioner (including the
authority to execute contracts for a special institution named in
section 5 of this chapter) insofar as the powers, duties, and
qualifications are not in conflict with this chapter.
(b) Each of the superintendents shall be appointed by the state
health commissioner. A superintendent may be removed only by the
state health commissioner. The superintendent of any of the special
institutions listed in section 5 of this chapter shall be administratively
responsible 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 review
the salary schedules of the largest school corporation of the county
in which each special institution placed under the control of the
administrative unit is located to determine the salary schedule of that
school corporation.
(b) Except as provided in subsection (e), the state health
commissioner shall, following the annual review in subsection (a),
prescribe, subject to approval by the state personnel department and
the budget agency, a salary schedule for each special institution
described in subsection (a), using a daily rate of pay for each teacher,
which must be equal to that of the largest school corporation in the
county in which the institution is located.
(c) The state health commissioner shall prescribe the terms of the
annual contract awarded to licensed teachers qualifying for payment
under this schedule.
(d) The state health commissioner shall advise the budget agency
and the governor of the state health commissioner's action under this
section. Hours of work for all teachers shall be set in accordance
with IC 4-15-2.
(e) If the school corporation in which the special institution is
located becomes the largest school corporation in the county in
which the special institution is located, the daily rate of pay for each
teacher must be equal to that of the school corporation in which the
special institution is located, without regard to whether the school
corporation in which the special institution is located remains the
largest 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 in
section 5 of this chapter is entitled to receive a salary in an amount
to be fixed by the state health commissioner subject to the approval
of the governor and the budget agency. As added by P.L.2-1993, SEC.2.
IC 16-19-6-9
Repealed
(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 health
commissioner's capacity as administrative head of the
administrative unit.
(3) All agencies, officers, or institutions subject to the
jurisdiction or the supervision of the administrative unit or the
state 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 individual
public official bond, if the state health commissioner requires, in an
amount determined by the state health commissioner, payable to the
state and conditioned upon the faithful performance of that person's
duties:
(1) Each superintendent of an institution subject to the
jurisdiction or the supervision of the administrative unit.
(2) An officer or employee of the administrative unit or of any
agency or institution.
(b) A bond required under this section is subject to the approval
of the insurance commissioner, and shall be filed in the office of the
secretary of state.
(c) The premiums for the bonds shall be payable from the funds
of the administrative unit.
(d) The state health commissioner, at the state health
commissioner's election, may secure a standard form blanket bond or
crime insurance policy endorsed to include faithful performance
covering all or any part of the officers and employees of the state
department. However, the blanket bond or crime insurance policy
must be in an amount of not less than fifty thousand dollars
($50,000).
(e) The commissioner of insurance shall prescribe the form of the
bonds 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 direct
care staff
Sec. 12. (a) Each special institution designated under section 5 of
this chapter 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 special 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
special institution; and
(B) toll free telephone number for filing complaints with the
state department.
(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 special institution.
(B) File a complaint with the state department by using the
state department's toll free telephone number.
(c) The state department may adopt rules under IC 4-22-2 to carry
out 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 a
statistical report semiannually for each special institution designated
in section 5 of this chapter. The statistical report must list the
following information:
(1) The number of total hours worked in the special institution
by each classification of personnel for which the state health
commissioner maintains data.
(2) The resident census of the special institution for which the
state health commissioner maintains data.
(b) The state health commissioner shall provide a compilation of
the statistical reports prepared under subsection (a) to the following:
(1) Each special institution designated in section 5 of this
chapter.
(2) The state department.
(3) The state ombudsman.
(c) Each special institution designated in section 5 of this chapter
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
special institution; and
(B) toll free telephone number for filing complaints with the
state department.
(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 special institution.
(B) File a complaint with the state department by using the
state department's toll free telephone number.
(e) The state department may adopt rules under IC 4-22-2 to carry
out this section. As added by P.L.108-2000, SEC.4.
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 the
administrative 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 the
commission 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 created
within 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 head
of the administrative unit and shall do the following:
(1) Exercise general supervision and control of the
administrative unit.
(2) Direct the medical and physical care, education, and
rehabilitation of persons in the institutions that are under the
control and supervision of the administrative unit.
(3) Employ the personnel necessary to perform the duties
imposed upon the administrative unit and the state health
commissioner 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 administrative
control 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 this
chapter is under the administrative control of a superintendent who
has the powers, duties, and qualifications provided by law for each
of the respective superintendents or as may be otherwise prescribed
or delegated by the state health commissioner (including the
authority to execute contracts for a special institution named in
section 5 of this chapter) insofar as the powers, duties, and
qualifications are not in conflict with this chapter.
(b) Each of the superintendents shall be appointed by the state
health commissioner. A superintendent may be removed only by the
state health commissioner. The superintendent of any of the special
institutions listed in section 5 of this chapter shall be administratively
responsible 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 review
the salary schedules of the largest school corporation of the county
in which each special institution placed under the control of the
administrative unit is located to determine the salary schedule of that
school corporation.
(b) Except as provided in subsection (e), the state health
commissioner shall, following the annual review in subsection (a),
prescribe, subject to approval by the state personnel department and
the budget agency, a salary schedule for each special institution
described in subsection (a), using a daily rate of pay for each teacher,
which must be equal to that of the largest school corporation in the
county in which the institution is located.
(c) The state health commissioner shall prescribe the terms of the
annual contract awarded to licensed teachers qualifying for payment
under this schedule.
(d) The state health commissioner shall advise the budget agency
and the governor of the state health commissioner's action under this
section. Hours of work for all teachers shall be set in accordance
with IC 4-15-2.
(e) If the school corporation in which the special institution is
located becomes the largest school corporation in the county in
which the special institution is located, the daily rate of pay for each
teacher must be equal to that of the school corporation in which the
special institution is located, without regard to whether the school
corporation in which the special institution is located remains the
largest 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 in
section 5 of this chapter is entitled to receive a salary in an amount
to be fixed by the state health commissioner subject to the approval
of the governor and the budget agency. As added by P.L.2-1993, SEC.2.
IC 16-19-6-9
Repealed
(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 health
commissioner's capacity as administrative head of the
administrative unit.
(3) All agencies, officers, or institutions subject to the
jurisdiction or the supervision of the administrative unit or the
state 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 individual
public official bond, if the state health commissioner requires, in an
amount determined by the state health commissioner, payable to the
state and conditioned upon the faithful performance of that person's
duties:
(1) Each superintendent of an institution subject to the
jurisdiction or the supervision of the administrative unit.
(2) An officer or employee of the administrative unit or of any
agency or institution.
(b) A bond required under this section is subject to the approval
of the insurance commissioner, and shall be filed in the office of the
secretary of state.
(c) The premiums for the bonds shall be payable from the funds
of the administrative unit.
(d) The state health commissioner, at the state health
commissioner's election, may secure a standard form blanket bond or
crime insurance policy endorsed to include faithful performance
covering all or any part of the officers and employees of the state
department. However, the blanket bond or crime insurance policy
must be in an amount of not less than fifty thousand dollars
($50,000).
(e) The commissioner of insurance shall prescribe the form of the
bonds 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 direct
care staff
Sec. 12. (a) Each special institution designated under section 5 of
this chapter 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 special 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
special institution; and
(B) toll free telephone number for filing complaints with the
state department.
(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 special institution.
(B) File a complaint with the state department by using the
state department's toll free telephone number.
(c) The state department may adopt rules under IC 4-22-2 to carry
out 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 a
statistical report semiannually for each special institution designated
in section 5 of this chapter. The statistical report must list the
following information:
(1) The number of total hours worked in the special institution
by each classification of personnel for which the state health
commissioner maintains data.
(2) The resident census of the special institution for which the
state health commissioner maintains data.
(b) The state health commissioner shall provide a compilation of
the statistical reports prepared under subsection (a) to the following:
(1) Each special institution designated in section 5 of this
chapter.
(2) The state department.
(3) The state ombudsman.
(c) Each special institution designated in section 5 of this chapter
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
special institution; and
(B) toll free telephone number for filing complaints with the
state department.
(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 special institution.
(B) File a complaint with the state department by using the
state department's toll free telephone number.
(e) The state department may adopt rules under IC 4-22-2 to carry
out this section. As added by P.L.108-2000, SEC.4.
