IC 12-7-3-3 — Treatment of rules adopted by department of mental health concerning residential facilities
Chapter 3. Effect of Previously Adopted Rules
Bills amending this section
Section text
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, aging, 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subsection (a), if a rule adopted by the department of mental health before January 1, 1992: (1) has not been superseded or repealed as provided in subsection (a); and (2) provides authority to the department of mental health that has been transferred to the division of disability, aging, and rehabilitative services under P.L.9-1991; that rule shall be interpreted to constitute an authorization to the division of disability, aging, 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; P.L.122-2026, SEC.26.
Source: official publisher (2026 edition)