§ 12-7-3-2 — Treatment of rules adopted by department of mental health concerning case management services for developmentally disabled

Indiana § 12-7-3-2

• Jurisdiction: Indiana
• Art. 7: GENERAL PROVISIONS AND DEFINITIONS
• Ch. 3: Effect of Previously Adopted Rules

Text

(a) A rule adopted by the department of mental
health concerning case management services for developmentally
disabled persons under IC 16-14-31 (before its repeal by P.L.9-1991)
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(1) has not been superseded or repealed as provided in subsection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.

Legislative History

As added by P.L.220-2011, SEC.253. Amended by P.L.168-2018, SEC.4.