Bill Text: IN SB0024 | 2012 | Regular Session | Enrolled
Bill Title: Mental health issues.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2012-03-14 - Signed by the Governor [SB0024 Detail]
Download: Indiana-2012-SB0024-Enrolled.html
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AN ACT to amend the Indiana Code concerning human services.
(1) The director.
(2) The division of mental health and addiction planning and advisory council.
(3) Other personnel necessary for the performance of the functions imposed upon the division under law.
mental health and addiction planning and advisory council is
established. Any reference in statute or rule to the "mental health
and addiction advisory council" is a reference to the mental health
and addiction planning and advisory council.
(1) The director.
(2) The state superintendent of public instruction or the superintendent's designee.
(3) The director of the office of Medicaid policy and planning, or the director's designee.
(4) The director of the bureau of rehabilitation services or the director's designee.
(5) The executive director of the Indiana housing and community development authority created by IC 5-20-1-3 or the executive director's designee.
(6) The director of the criminal justice institute or the director's designee.
(7) The director of the department of child services or the director's designee.
(A) are appointed by the secretary;
(B)
(C) are appointed for a term of four (4) years; and
(D) serve until a successor is appointed.
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. The council shall
meet at least monthly quarterly and is subject to special meetings at
the call of the presiding officer. chairperson.
(b) Notwithstanding section 3(8)(C) of this chapter, for the appointments made in 2012, eleven (11) members shall be appointed for a term of four (4) years, and eleven (11) members shall be appointed for a term of three (3) years.
committees adopted by the legislative council.
(b) The members appointed under section 3(2) of this chapter shall
serve without receiving per diem or traveling expenses.
2012]. Sec. 7. (a) During the closing of Central State Hospital, and
after the institution is closed, the division of mental health and
addiction shall secure, maintain, and fund appropriate long term
inpatient beds for individuals who have been determined by a
community mental health center to:
(1) have a chronic and persistent mental disorder or chronic
addictive disorder; and
(2) be in need of care that meets the following criteria:
(A) Twenty-four (24) hour supervision of a patient is
available.
(B) A patient receives:
(i) active treatment as appropriate for a chronic and
persistent mental disorder or chronic addictive disorder;
(ii) case management services from a state approved
provider; and
(iii) maintenance of care under the direction of a physician.
(C) Crisis care.
(b) An individual placed in a long term inpatient bed under this
section shall receive at least the care described in subsection (a)(2)(A)
through (a)(2)(C).
(c) The number of long term inpatient beds that must be secured,
maintained, and funded under subsection (a) must satisfy both of the
following:
(1) The number of long term inpatient beds in the county where
the hospital was located may not be less than twenty-one (21)
adults per one hundred thousand (100,000) adults in the county
where the hospital was located.
(2) The total number of long term inpatient beds may not be less
than twenty-one (21) adults per one hundred thousand (100,000)
adults in the catchment area served by Central State Hospital. The
division may reduce the total number of long term inpatient beds
required by this subdivision whenever the division determines
that caseloads justify a reduction. However:
(A) the total number of long term inpatient beds may not be
reduced below the number required by subdivision (1); and
(B) the number of long term inpatient beds in the county
where the hospital was located may not be reduced below the
number required by subdivision (1).
(d) The division is not required to secure, maintain, and fund long
term inpatient beds under this section that exceed the number of
individuals who have been determined by a community mental health
center to be in need of inpatient care under subsection (a). However,
subject to the limitations of subsection (c), the division shall at all
times retain the ability to secure, maintain, and fund long term inpatient
beds for individuals who satisfy the criteria in subsection (a) as
determined by the community mental health centers.
(e) An individual may not be placed in a long term inpatient bed
under this section at Larue D. Carter Memorial Hospital if the
placement adversely affects the research and teaching mission of the
hospital.
(f) Notwithstanding any other law, the director of the division of
mental health and addiction may not terminate normal patient care or
other operations at Central State Hospital unless the division has
developed a plan to comply with this section. Before closing Central
State Hospital, the director shall submit a report in an electronic format
under IC 5-14-6 to the legislative council containing the following
information:
(1) The plans the division has made and implemented to comply
with this section.
(2) The disposition of patients made and to be made from July 1,
1993, to the estimated date of closing of Central State Hospital.
(3) Other information the director considers relevant.
(b) A physician licensed under IC 25-22.5 may prescribe nicotine as is medically necessary for a resident of a state institution.
(b) The director may require an employee of a state institution to furnish a bond in an amount determined by the director.
determined by the director.
(c) A bond required by this section must be:
(1) payable to the state;
(2) conditioned upon the faithful performance of the employee's
duties;
(3) subject to the approval of the insurance commissioner; and
(4) filed in the office of the secretary of state.
(d) The premiums for a bond required by this section shall be paid
from the money of the division.
(e) The division may secure a standard form blanket bond or crime
insurance policy endorsed to include faithful performance that covers
all or any part of the employees of the division. A blanket bond or
crime insurance policy secured by the division under this subsection
must be in an amount of at least fifty thousand dollars ($50,000).
(f) The commissioner of insurance shall prescribe the form of the
bonds or crime policies required by this section.
(1) IC 25-2.5 (acupuncturists).
(2) IC 25-10 (chiropractors).
(3) IC 25-13 (dental hygienists).
(4) IC 25-14 (dentists).
(5) IC 25-14.5 (dietitians).
(6) IC 25-17.3 (genetic counselors).
(7) IC 25-19 (health facility and residential care facility administrators).
(8) IC 25-21.8 (massage therapists).
(9) IC 25-22.5 (physicians).
(10) IC 25-23 (nurses).
(11) IC 25-23.5 (occupational therapists).
(12) IC 25-23.6 (social workers, marriage and family therapists, and counselors).
(b) As used in this chapter, "national criminal history background check" means the criminal history record system maintained by the Federal Bureau of Investigation based on fingerprint identification or any other method of positive identification.
(c) An individual applying for an initial license or initial certificate specified in subsection (a) shall submit to a national criminal history background check at the cost of the individual.
(d) The state police department shall release the results of a national criminal history background check conducted under this section to the Indiana professional licensing agency.
(e) A board, a commission, or a committee may conduct a random audit and require an individual seeking a renewal of a license or a certificate specified in subsection (a) to submit to a national criminal history background check at the cost of the individual.
(1) graduation; or
(2) moving into Indiana;
that has an application deadline that is at least thirty (30) days after the date of graduation or the date of moving into Indiana, unless the individual chooses to meet a deadline that is less than thirty (30) days after either of those events.
(b) An applicant for a license as a marriage and family therapist under section 1 of this chapter must have at least two (2) years of postdegree clinical experience, during which at least fifty percent (50%) of the applicant's clients were receiving marriage and family therapy services. The applicant's clinical experience must include one thousand (1,000) hours of postdegree clinical experience and two hundred (200) hours of postdegree clinical supervision, of which one hundred (100) hours must be individual supervision, under the supervision of a licensed marriage and family therapist who has at least five (5) years of experience or an equivalent supervisor, as determined by the board.
(c) If an individual applies for, takes, and passes the first available examination, the individual may not count more than five hundred (500) hours of the postdegree clinical experience that is:
(1) required under subsection (b); and
(2) accumulated before taking the examination toward licensure
as a marriage and family therapist.
(d) If an individual does not pass the first available examination, the
individual may:
(1) retain the hours accumulated before taking the examination;
(2) continue working; and
(3) not accumulate any additional hours toward licensure as a
marriage and family therapist until passing the examination.
(e) If an individual does not take the first available examination, the
individual may not begin accumulating any postdegree clinical
experience hours toward licensure as a marriage and family therapist
until the individual passes the examination.
(f) When obtaining the clinical experience required under
subsection (b), the applicant must provide direct individual, group, and
family therapy and counseling to the following categories of cases:
(1) Unmarried couples.
(2) Married couples.
(3) Separating or divorcing couples.
(4) Family groups, including children.
(g) A doctoral internship may be applied toward the supervised
work experience requirement.
(h) Except as provided in subsection (i), the experience requirement
may be met by work performed at or away from the premises of the
supervising marriage and family therapist.
(i) The work requirement may not be performed away from the
supervising marriage and family therapist's premises if:
(1) the work is the independent private practice of marriage and
family therapy; and
(2) the work is not performed at a place that has the supervision
of a licensed marriage and family therapist or an equivalent
supervisor, as determined by the board.
(1) Holds:
(A) before December 31, 2012, a master's or doctor's degree in a human services or behavioral science discipline from an eligible postsecondary educational institution; or
(B) a valid:
(i) level II or higher certification or the equivalent certification from a credentialing agency approved by the division of mental health and addiction; or
(ii) certification as an addiction counselor or addiction therapist from a credentialing agency that is approved by the board.
(2) Furnishes satisfactory evidence to the board that the individual does not have a:
(A) conviction for a crime of violence (as defined in IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13)); or
(B) conviction in the previous two (2) years that has a direct bearing on the individual's ability to practice competently.
(3) Files an initial application to the board before December 31, 2012.
(b) The board shall exempt an individual from the requirements set forth in this article and grant the individual a clinical addiction counselor license if the board has not implemented licensure for clinical addiction counselors and the individual meets the following requirements:
(1) Holds, before December 31, 2012, a master's or doctor's degree in a human services or behavioral science discipline from an eligible postsecondary educational institution.
(2) Has at least five (5) years of clinical addiction counseling experience.
(3) Furnishes satisfactory evidence to the board that the individual does not have a:
(A) conviction for a crime of violence (as defined in IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13)); or
(B) conviction in the previous two (2) years that has a direct bearing on the individual's ability to practice competently.
(4) Holds a license in good standing as a:
(A) clinical social worker under IC 25-23.6-5-2;
(B) marriage and family therapist under IC 25-23.6-8-1;
(C) mental health counselor under IC 25-23.6-8.5-1; or
(D) psychologist under IC 25-33-1-5.1.
(5) Files an initial application with the board before December 31, 2012.
(c) The board shall exempt an individual from the requirements set forth in this article and grant the individual an addiction counselor license if the board has not implemented licensure for
clinical addiction counselors and the individual meets the following
requirements:
(1) Holds a valid:
(A) level II or higher certification or the equivalent
certification from a credentialing agency approved by the
division of mental health and addiction; or
(B) certification as an addiction counselor or addiction
therapist from a credentialing agency that is approved by
the board.
(2) Has at least ten (10) years of addiction counseling
experience.
(3) Furnishes satisfactory evidence to the board that the
individual does not have a:
(A) conviction for a crime of violence (as defined in
IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13)); or
(B) conviction in the previous two (2) years that has a
direct bearing on the individual's ability to practice
competently.
(4) Files an initial application with the board before December
31, 2012.
(d) The board shall exempt an individual from the requirements
set forth in this article and grant the individual an addiction
counselor license if the board has not implemented licensure for
clinical addiction counselors and the individual meets the following
requirements:
(1) Has at least three (3) years of addiction counseling
experience.
(2) Furnishes satisfactory evidence to the board that the
individual does not have a:
(A) conviction for a crime of violence (as defined in
IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13)); or
(B) conviction in the previous two (2) years that has a
direct bearing on the individual's ability to practice
competently.
(3) Holds a license in good standing as a:
(A) social worker under IC 25-23.6-5-1;
(B) clinical social worker under IC 25-23.6-5-2;
(C) marriage and family therapist under IC 25-23.6-8-1;
(D) mental health counselor under IC 25-23.6-8.5-1; or
(E) psychologist under IC 25-33-1-5.1.
(4) Files an initial application with the board before December
31, 2012.
(e) The board may exempt an individual from the requirements set forth in this article and grant the individual a clinical addiction counselor license if the board has not implemented licensure for clinical addiction counselors and the individual meets the following requirements:
(1) Holds, before December 31, 2012, a bachelor's degree in a human services or behavioral science discipline from an eligible postsecondary educational institution.
(2) Holds the following:
(A) A Level IV certification from the Indiana Counselors Association on Alcohol and Drug Abuse.
(B) Certification at the Internationally Certified Advanced Alcohol and Other Drug Abuse Counselor level from the International Certification and Reciprocity Consortium.
(C) The level of certification from the National Association of Alcohol and Drug Abuse Counselors that the board determines is similar to the Level IV certification from the Indiana Counselors Association on Alcohol and Drug Abuse.
(3) Furnishes satisfactory evidence to the board that the individual does not have a:
(A) conviction for a crime of violence (as defined in IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13)); or
(B) conviction in the previous two (2) years that has a direct bearing on the individual's ability to practice competently.
(4) Has at least twenty (20) years of clinical addiction counseling experience.
(5) Files an initial application to the board before December 31, 2012.
(f) An exemption under this section from this article does not include exempting the individual from paying any application or renewal fees.
(g) This section expires December 31, 2012.
(1) in which the primary component of practice at the facility is the treatment of pain; or
(2) that advertises for the treatment of pain; and
the majority of patients at the facility are prescribed controlled substances or other drugs.
(b) The general assembly urges the legislative council to assign
to a study committee, for study during the 2012 legislative interim,
the topic of pain management facilities, including the following:
(1) The effectiveness of current laws and rules in Indiana to
regulate and monitor pain management facilities and
prescribers of controlled substances.
(2) Programs and regulations in other states that effectively
regulate and monitor pain management facilities and
prescribers of controlled substances.
(c) If the topic of pain management facilities is assigned to a
study committee, the study committee shall issue a final report to
the legislative council containing the study committee's findings
and recommendations, including any recommended legislation
concerning the topic, not later than November 1, 2012.
(d) This SECTION expires June 30, 2013.
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