March 14, 2003





ENGROSSED

HOUSE BILL No. 1395

_____


DIGEST OF HB 1395 (Updated March 12, 2003 10:28 AM - DI 104)



Citations Affected: IC 12-7; IC 12-21.

Synopsis: Mental health placement. Provides that if the director of the division of mental health and addiction decides that a final placement decision is to be made for a mentally ill person, the decision must be made by a licensed psychiatrist or psychologist in consultation with the mentally ill person's psychiatrist or psychologist. (The introduced version of this bill was prepared by the health finance commission.)

Effective: July 1, 2003.





Becker, Brown C , Hasler
(SENATE SPONSORS _ SERVER, MILLER)




    January 14, 2003, read first time and referred to Committee on Public Health.
    January 30, 2003, reported _ Do Pass.
    February 3, 2003, read second time, ordered engrossed. Engrossed.
    February 4, 2003, read third time, passed. Yeas 96, nays 0.

SENATE ACTION

    February 11, 2003, read first time and referred to Committee on Health and Provider Services.
    March 13, 2003, reported favorably _ Do Pass.






March 14, 2003

First Regular Session 113th General Assembly (2003)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2002 Regular or Special Session of the General Assembly.


ENGROSSED

HOUSE BILL No. 1395



    A BILL FOR AN ACT to amend the Indiana Code concerning human services.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 12-7-2-131; (03)EH1395.1.1. -->     SECTION 1. IC 12-7-2-131 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 131. "Mentally ill individual", for purposes of IC 12-21-2 , IC 12-22-1 , and IC 12-24-17 , means an individual who:
        (1) has a psychiatric disorder that substantially impairs the individual's mental health; and
        (2) requires care, treatment, training, or detention:
            (A) because of the psychiatric disorder; or
            (B) for the welfare of the individual or others of the community in which the individual resides.
SOURCE: IC 12-21-2-5; (03)EH1395.1.2. -->     SECTION 2. IC 12-21-2-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 5. (a) Subject to subsection (b), the director may delegate statutory duties or powers of the division, a bureau of the division, the director, or other statutorily created personnel.
     (b) If the director decides that a final decision is to be made concerning the placement of a mentally ill individual in a mental

health facility, the final decision must be made:
        (1) by the director, if the director is a licensed psychiatrist or licensed psychologist; or
        (2) by a licensed psychiatrist or licensed psychologist who is delegated the authority by the director;
in consultation with the patient's psychiatrist or psychologist.