Sec. 3. (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(1) has not been superseded or repealed as provided in subsection (a); and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.
As added by P.L.220-2011, SEC.253. Amended by P.L.168-2018, SEC.5.
Structure Indiana Code
Article 7. General Provisions and Definitions
Chapter 3. Effect of Previously Adopted Rules
12-7-3-4. Treatment of Rules Adopted by State Board of Health Concerning Child Care Licensing
12-7-3-6. Treatment of Rules Adopted by State Department of Public Welfare Concerning Medicaid
12-7-3-7. Treatment of Rules Adopted by Department of Human Services Concerning Social Services
12-7-3-9. Treatment of Rules Adopted by Department of Mental Health Concerning Epilepsy Services