§ 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(1) has not been superseded or repealed as provided in subsection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.

Legislative History

As added by P.L.220-2011, SEC.253. Amended by P.L.168-2018, SEC.5.