§ 12-29-2-14 — Operation by uncertified entity; investigations; penalties

(a) An entity may not:
(1) hold itself out to be a community mental health center; or
(2) use the term "community mental health center";
unless the entity is certified by the division of mental health and
addiction.
(b) The division of mental health and addiction shall investigate a
report that an entity is operating as a community mental health center
without the approval of the division of mental health and addiction and
report the division's findings to the attorney general.
(c) Upon receiving a report made under subsection (b), the attorney
general may do the following:
(1) Seek the issuance of a search warrant to assist in the
investigation.
(2) File an action for injunctive relief to stop the operation of the
entity that is the subject of the report if there is reasonable cause
to believe that the entity is operating without the required
approval of the division of mental health and addiction.
(3) File an action for injunctive relief to stop the entity that is the
subject of the report from using the term "community mental
health center".
(4) Seek in a civil action a civil penalty of not more than one
hundred dollars ($100) a day for each day an entity is operating
without the required approval of the division of mental health and
addiction.
(d) An opportunity for an informal meeting with the division of
mental health and addiction must be provided after the injunctive relief
is ordered.
(e) The civil penalties collected under this section must be deposited
in the state general fund.

Legislative History

As added by P.L.111-1997, SEC.6. Amended by P.L.215-2001, SEC.81; P.L.201-2023, SEC.142.