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.
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.