IN Code § 12-21-2-3 (2021)
2021 Indiana Code|Title 12. Human Services|Article 21. Division of Mental Health and Addiction|Chapter 2. Director of Division|12-21-2-3. Duties

Sec. 3. The secretary or the secretary's designee shall do the following:(1) Organize the division, create the appropriate personnel positions, and employ personnel necessary to discharge the statutory duties and powers of the division or a bureau of the division.(2) Subject to the approval of the state personnel department, establish personnel qualifications for all deputy directors, assistant directors, bureau heads, and superintendents.(3) Subject to the approval of the budget director and the governor, establish the compensation of all deputy directors, assistant directors, bureau heads, and superintendents.(4) Study the entire problem of mental health, mental illness, and addictions existing in Indiana.(5) Adopt rules under IC 4-22-2 for the following:(A) Standards for the operation of private institutions that are licensed under IC 12-25 for the diagnosis, treatment, and care of individuals with psychiatric disorders, addictions, or other abnormal mental conditions.(B) Licensing or certifying community residential programs described in IC 12-22-2-3.5 for individuals with serious mental illness (SMI), serious emotional disturbance (SED), or chronic addiction (CA) with the exception of psychiatric residential treatment facilities.(C) Certifying community mental health centers to operate in Indiana.(D) Establish exclusive geographic primary service areas for community mental health centers. The rules must include the following:(i) Criteria and procedures to justify the change to the boundaries of a community mental health center's primary service area.(ii) Criteria and procedures to justify the change of an assignment of a community mental health center to a primary service area.(iii) A provision specifying that the criteria and procedures determined in items (i) and (ii) must include an option for the county and the community mental health center to initiate a request for a change in primary service area or provider assignment.(iv) A provision specifying the criteria and procedures determined in items (i) and (ii) may not limit an eligible consumer's right to choose or access the services of any provider who is certified by the division of mental health and addiction to provide public supported mental health services.(6) Institute programs, in conjunction with an accredited college or university and with the approval, if required by law, of the commission for higher education, for the instruction of students of mental health and other related occupations. The programs may be designed to meet requirements for undergraduate and postgraduate degrees and to provide continuing education and research.(7) Develop programs to educate the public in regard to the prevention, diagnosis, treatment, and care of all abnormal mental conditions.(8) Make the facilities of the state institutions available for the instruction of medical students, student nurses, interns, and resident and fellow physicians under the supervision of the faculty of any accredited school of medicine or osteopathy located in Indiana or an accredited residency or fellowship training program in connection with research and instruction in psychiatric disorders.(9) Institute a stipend program designed to improve the quality and quantity of staff that state institutions employ.(10) Establish, supervise, and conduct community programs, either directly or by contract, for the diagnosis, treatment, and prevention of psychiatric disorders.(11) Adopt rules under IC 4-22-2 concerning the records and data to be kept concerning individuals admitted to state institutions, community mental health centers, or other providers.(12) Compile information and statistics concerning the ethnicity and gender of a program or service recipient.(13) Establish standards for services described in IC 12-7-2-40.6 for community mental health centers and other providers.(14) Provide that the standards for services provided by recovery residences for residential care and supported housing for chronic addiction, when used as a recovery residence, to:(A) be certified through an entity approved by the division to ensure adherence to standards determined by the National Alliance for Recovery Residences (NARR) or a similar entity; and(B) meet other standards established by the division under rules adopted under IC 4-22-2.(15) Require the division to:(A) provide best practice recommendations to community mental health centers; and(B) work with community mental health centers in a collaborative manner in order to ensure improved health outcomes as a part of reviews or audits.Documentation developed as a part of an incident or death reporting audit or review is confidential and may only be shared between the division and the community mental health center.[Pre-1992 Revision Citations: 16-13-1-7.1(a)(3), (a)(5), (a)(6), (b), (c); 16-13-2-1(b); 16-13-2-8.]As added by P.L.2-1992, SEC.15. Amended by P.L.40-1994, SEC.28; P.L.142-1995, SEC.4; P.L.111-1997, SEC.3; P.L.215-2001, SEC.56; P.L.79-2002, SEC.1; P.L.2-2007, SEC.163; P.L.99-2007, SEC.100; P.L.143-2011, SEC.14; P.L.160-2012, SEC.41; P.L.35-2016, SEC.56; P.L.19-2017, SEC.2; P.L.172-2017, SEC.2; P.L.243-2017, SEC.2; P.L.127-2020, SEC.4.