Section 12-7-3-3 - Treatment of rules adopted by department of mental health concerning residential facilities(a) A rule adopted by the department of mental health concerning residential facilities under IC 16-13-21 or IC 16-13-22, as amended by P.L. 9-1991 and before their repeal, is valid and effective until the division of disability and rehabilitative services adopts a rule under IC 4-22-2 that: (1) supersedes in whole or in part the department of mental health rule; or(2) repeals the department of mental health rule.(b) Notwithstanding subsection (a), if a rule adopted by the department of mental health before January 1, 1992:(1) has not been superseded or repealed as provided in subsection (a); and(2) provides authority to the department of mental health that has been transferred to the division of disability and rehabilitative services under P.L. 9-1991; that rule shall be interpreted to constitute an authorization to the division of disability and rehabilitative services and not the department of mental health.
Amended by P.L. 168-2018,SEC. 5, eff. 7/1/2018.Added by P.L. 220-2011, SEC. 253, eff. 7/1/2011.