Introduced Version
SENATE BILL No. 24
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 12-7-2; IC 12-21; IC 12-22-4; IC 12-23-18-5.7;
IC 12-24.
Synopsis: Mental health issues. Renames the "mental health and
addiction advisory council" the "mental health and addiction planning
and advisory council" and adds members to consolidate the current
council with a body required by federal law. Repeals provisions
concerning terms of appointed members and repeals a provision that
applies general rules for family and social services administration
bodies to the planning and advisory council. Removes a provision
under which lay members of the commission on mental health and
addiction are ineligible for per diem or traveling expenses. Provides
that superintendents of state hospitals serve at the will of the director
of the division on mental health and addiction and not for a term of four
years. Removes provisions requiring bonds for superintendents of state
operated facilities. Gives the director of the division on mental health
and addiction instead of the superintendent of each hospital the
authority to regulate smoking at state hospitals. Repeals obsolete
provisions concerning: (1) the dawn project; (2) the biennial opioid
report; (3) the closing of Central State Hospital; (4) mandated bond
requirements for superintendents of state hospitals; and (5) the
definition of "maintain". Makes conforming changes. (The introduced
version of this bill was prepared by the commission on mental health
and addiction.)
Effective: Upon passage; July 1, 2012.
Lawson C
January 4, 2012, read first time and referred to Committee on Health and Provider
Services.
Introduced
Second Regular Session 117th General Assembly (2012)
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SENATE BILL No. 24
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 12-7-2-55.1; (12)IN0024.1.1. -->
SECTION 1. IC 12-7-2-55.1 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 55.1. "Dawn project", for purposes of IC 12-22-4, has the
meaning set forth in IC 12-22-4-1.
SOURCE: IC 12-7-2-126.1; (12)IN0024.1.2. -->
SECTION 2. IC 12-7-2-126.1 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 126.1. "Maintain", for purposes of IC 12-21-2-3, and
IC 12-24-1-7, means that the funding of appropriate placements and
services must be continued after the placements and services are
created.
SOURCE: IC 12-21-1-3; (12)IN0024.1.3. -->
SECTION 3. IC 12-21-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. The division is
composed of the following:
(1) The director.
(2) The division of mental health and addiction planning and
advisory council.
(3) Other personnel necessary for the performance of the
functions imposed upon the division under law.
SOURCE: IC 12-21-4-1; (12)IN0024.1.4. -->
SECTION 4. IC 12-21-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. As used in this
chapter, "council" refers to the division of mental health and addiction
planning and advisory council established by this chapter.
SOURCE: IC 12-21-4-2; (12)IN0024.1.5. -->
SECTION 5. IC 12-21-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. The division of
mental health and addiction planning and advisory council is
established. Any reference in statute or rule to the "mental health
and addiction advisory council" is a reference to the mental health
and addiction planning and advisory council.
SOURCE: IC 12-21-4-3; (12)IN0024.1.6. -->
SECTION 6. IC 12-21-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. The council consists
of the following eleven (11) twenty-nine (29) members, not less than
fifty percent (50%) of whom must be individuals who are not state
employees or providers of mental health services:
(1) The director.
(2) The state superintendent of public instruction or the
superintendent's designee.
(3) The director of the office of Medicaid policy and planning,
or the director's designee.
(4) The director of the bureau of rehabilitation services.
(5) The executive director of the Indiana housing and
community development authority created by IC 5-20-1-3 or
the executive director's designee.
(6) The director of the criminal justice institute or the
director's designee.
(7) The director of the department of child services or the
director's designee.
(2) Ten (10) (8) Twenty-two (22) individuals who:
(A) are appointed by the secretary; and
(B) who have a recognized knowledge of or interest in the
programs administered by the division, including
representatives of parents of children with serious
emotional disturbances;
(C) are appointed for a term of four (4) years; and
(D) serve until a successor is appointed.
SOURCE: IC 12-21-4-4; (12)IN0024.1.7. -->
SECTION 7. IC 12-21-4-4 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 4. Each member of the council appointed under section
3(2) of this chapter has a fixed term as provided in IC 12-8-2-4.
SOURCE: IC 12-21-4-5; (12)IN0024.1.8. -->
SECTION 8. IC 12-21-4-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. The director serves
as
presiding officer chairperson of the council
at the first meeting of
the council held after July 1 of each year. At the first meeting of the
council after July 1 of each year, the director may appoint a
chairperson of the council from among the members of the council
for a term of one (1) year.
SOURCE: IC 12-21-4-6; (12)IN0024.1.9. -->
SECTION 9. IC 12-21-4-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. The council shall
meet at least monthly quarterly and is subject to special meetings at
the call of the presiding officer. chairperson.
SOURCE: IC 12-21-4-7; (12)IN0024.1.10. -->
SECTION 10. IC 12-21-4-7 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 7. IC 12-8-2 applies to the council.
SOURCE: IC 12-21-4-8; (12)IN0024.1.11. -->
SECTION 11. IC 12-21-4-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 8. (a) This section applies to a member of the council
who is appointed under IC 12-21-4-3(8).
(b) Notwithstanding IC 12-21-4-3(8)(C), for the appointments
made in 2012, eleven (11) members shall be appointed for a term
of four (4) years, and eleven (11) members shall be appointed for
a term of three (3) years.
SOURCE: IC 12-21-4-9; (12)IN0024.1.12. -->
SECTION 12. IC 12-21-4-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 9. An individual serving on the council under
IC 12-21-4-3(1) through IC 12-21-4-3(7) shall serve until the
individual no longer holds the individual's office described in
IC 12-21-4-3(1) through IC 12-21-4-3(7). The appointing authority
for an individual serving on the council under IC 12-21-4-3(1)
through IC 12-21-4-3(7) shall appoint a replacement for an
appointee who ceases to be a member.
SOURCE: IC 12-21-4-10; (12)IN0024.1.13. -->
SECTION 13. IC 12-21-4-10 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 10. All members of the council
are voting members. A majority of the members constitutes a
quorum. The affirmative vote of a majority of the members is
required for the council to take any action.
SOURCE: IC 12-21-4-11; (12)IN0024.1.14. -->
SECTION 14. IC 12-21-4-11 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 11. Each member of the council
who is not a state employee is not entitled to the minimum salary
per diem provided by IC 4-10-11-2.1(b). The member is, however,
entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
SOURCE: IC 12-21-6.5-6; (12)IN0024.1.15. -->
SECTION 15. IC 12-21-6.5-6, AS AMENDED BY P.L.143-2011,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) Except as provided in subsection (b),
The commission shall operate under the policies governing study
committees adopted by the legislative council.
(b) The members appointed under section 3(2) of this chapter shall
serve without receiving per diem or traveling expenses.
SOURCE: IC 12-22-4; (12)IN0024.1.16. -->
SECTION 16. IC 12-22-4 IS REPEALED [EFFECTIVE JULY 1,
2012]. (Dawn Project).
SOURCE: IC 12-23-18-5.7; (12)IN0024.1.17. -->
SECTION 17. IC 12-23-18-5.7 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 5.7. (a) The division shall, as part of the biennial report
required under IC 12-21-5-1.5(8), prepare and submit to the legislative
council in an electronic format under IC 5-14-6, the state department
of health, and the governor a report concerning treatment offered by
opioid treatment programs. The report must contain the following
information for each of the two (2) previous calendar years:
(1) The number of opioid treatment programs in Indiana.
(2) The number of patients receiving opioid treatment in Indiana.
(3) The length of time each patient received opioid treatment and
the average length of time all patients received opioid treatment.
(4) The cost of each patient's opioid treatment and the average
cost of opioid treatment.
(5) The number of patients who were determined to be no longer
in need of services and are no longer receiving opioid treatment.
(6) The number of individuals, by geographic area, who are on a
waiting list to receive opioid treatment.
(7) The patient information reported to the central registry
established under section 5.6 of this chapter.
(8) Any other information that the division determines to be
relevant to the success of a quality opioid treatment program.
(9) The number of patients who tested positive under a test for a
controlled substance or illegal drug not allowed under section
2.5(b) of this chapter.
(b) Each opioid treatment program in Indiana shall provide
information requested by the division for the report required by this
section.
(c) Failure of an opioid treatment program to submit the information
required under subsection (a) may result in suspension or termination
of the opioid treatment program's specific approval to operate as an
opioid treatment program or the opioid treatment facility's certification.
(d) Information that could be used to identify an opioid treatment
program patient and that is:
(1) contained in; or
(2) provided to the division related to;
the report required by this section is confidential.
SOURCE: IC 12-24-1-7; (12)IN0024.1.18. -->
SECTION 18. IC 12-24-1-7 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 7. (a) During the closing of Central State Hospital, and
after the institution is closed, the division of mental health and
addiction shall secure, maintain, and fund appropriate long term
inpatient beds for individuals who have been determined by a
community mental health center to:
(1) have a chronic and persistent mental disorder or chronic
addictive disorder; and
(2) be in need of care that meets the following criteria:
(A) Twenty-four (24) hour supervision of a patient is
available.
(B) A patient receives:
(i) active treatment as appropriate for a chronic and
persistent mental disorder or chronic addictive disorder;
(ii) case management services from a state approved
provider; and
(iii) maintenance of care under the direction of a physician.
(C) Crisis care.
(b) An individual placed in a long term inpatient bed under this
section 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 the
following:
(1) The number of long term inpatient beds in the county where
the hospital was located may not be less than twenty-one (21)
adults per one hundred thousand (100,000) adults in the county
where the hospital was located.
(2) The total number of long term inpatient beds may not be less
than twenty-one (21) adults per one hundred thousand (100,000)
adults in the catchment area served by Central State Hospital. The
division may reduce the total number of long term inpatient beds
required by this subdivision whenever the division determines
that caseloads justify a reduction. However:
(A) the total number of long term inpatient beds may not be
reduced below the number required by subdivision (1); and
(B) the number of long term inpatient beds in the county
where the hospital was located may not be reduced below the
number required by subdivision (1).
(d) The division is not required to secure, maintain, and fund long
term inpatient beds under this section that exceed the number of
individuals who have been determined by a community mental health
center to be in need of inpatient care under subsection (a). However,
subject to the limitations of subsection (c), the division shall at all
times retain the ability to secure, maintain, and fund long term inpatient
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 bed
under this section at Larue D. Carter Memorial Hospital if the
placement adversely affects the research and teaching mission of the
hospital.
(f) Notwithstanding any other law, the director of the division of
mental health and addiction may not terminate normal patient care or
other operations at Central State Hospital unless the division has
developed a plan to comply with this section. Before closing Central
State Hospital, the director shall submit a report in an electronic format
under IC 5-14-6 to the legislative council containing the following
information:
(1) The plans the division has made and implemented to comply
with this section.
(2) The disposition of patients made and to be made from July 1,
1993, to the estimated date of closing of Central State Hospital.
(3) Other information the director considers relevant.
SOURCE: IC 12-24-2-4; (12)IN0024.1.19. -->
SECTION 19. IC 12-24-2-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) Except as
provided in subsection (b), a A superintendent serves a term of four (4)
years. at the pleasure of the director.
(b) Subject to the approval of the governor, the director may remove
a superintendent at any time.
SOURCE: IC 12-24-2-6; (12)IN0024.1.20. -->
SECTION 20. IC 12-24-2-6 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 6. A superintendent shall furnish a bond as required by
IC 12-24-3-3.
SOURCE: IC 12-24-2-8; (12)IN0024.1.21. -->
SECTION 21. IC 12-24-2-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. (a) Notwithstanding
IC 12-27-3-3, the superintendent of a state institution director has
complete authority to regulate smoking (as defined in IC 16-41-37-3)
within the a 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.
SOURCE: IC 12-24-3-3; (12)IN0024.1.22. -->
SECTION 22. IC 12-24-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012] : Sec. 3. (a) As used in this
section, "employee" includes the superintendent of an institution.
(b) The director may require an employee of a state institution to
furnish a bond in an amount determined by the director. The director
shall require a superintendent to furnish a bond in an amount
determined by the director.
(c) A bond required by this section must be:
(1) payable to the state;
(2) conditioned upon the faithful performance of the employee's
duties;
(3) subject to the approval of the insurance commissioner; and
(4) filed in the office of the secretary of state.
(d) The premiums for a bond required by this section shall be paid
from the money of the division.
(e) The division may secure a standard form blanket bond or crime
insurance policy endorsed to include faithful performance that covers
all or any part of the employees of the division. A blanket bond or
crime insurance policy secured by the division under this subsection
must be in an amount of at least fifty thousand dollars ($50,000).
(f) The commissioner of insurance shall prescribe the form of the
bonds or crime policies required by this section.
SOURCE: ; (12)IN0024.1.23. -->
SECTION 23.
An emergency is declared for this act.